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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/19/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 19th day of February, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:35 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tern T. J. Patterson, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison Absent: Council Member Hernandez 7:39 A. M. Council Member Hernandez arrived. CITIZEN COMMENTS The following citizens expressed comments to the Council. They were: • Ysabel Luna spoke concerning communications between the citizens of Lubbock and the City Council. • Jim Watters spoke regarding the unsafe conditions in the North Overton neighborhood. • Cindy Finley, Special Projects Director of South Plains Transportation Alliance, spoke concerning Citibus and transportation options in Lubbock. • Hillary Hutcheson spoke concerning communications between the citizens of Lubbock and the City Council. 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; personnel; the purchase, exchange, lease or value of real property; competitive matters of the public power utility; and to review certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:51 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 (Civic Center; Electric Utilities; Haman Resources; Information Technology; North Overton; Market Lubbock, Inc.; Planning; Water Utilities). ( 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 (North Overton; Planning; Street Engineering). Regular City Council Meeting February 19, 2004 (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; Police Chief) 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: Appointments Advisory Board Board of Health Entertainment Lubbock Task Force North Overton Tax Increment Financing District Park and Recreation Board Urban Design/Historic Preservation Commission Youth Commission Public Transportation Strategic Planning Task Force Lubbock Water and Sewer Rates Review Committee Electric Utility Board ( 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 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 deliberate, vote and take final action on a competitive matter regarding the sale and/or exchange of natural gas pipelines and natural gas service and transportation contracts by the City of Lubbock; to discuss, deliberate, and take final action on a competitive matter regarding contracts related to the sale and/or disposition of generation facilities (cooling towers); and to deliberate, vote and take final action on a competitive matter regarding wholesale energy sales/contracts and/or natural gas supply, service, and transportation contracts by the City of Lubbock. (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 9:49 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tern T. J. Patterson, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Victor Hernandez, Council Member Tom Martin, Council Member Frank W. Morrison; Quincy White, Acting City Manager; Anita Burgess, City Attorney; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney. Absent: No one. Mayor McDougal called the meeting to order at 9:49 A. M. 114 Regular City Council Meeting February 19, 2004 ( 7.) Invocation by Reverend Clint Stephenson, Senior Minister of Westmont Christian 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. Mayor McDougal presented a nameplate to Mayor Pro Tern Patterson. He stated that although Mayor Pro Tem Patterson had held the position previously, he had never had a nameplate indicative of his position. At this time, Council Member Martin stated: "As a result of our Executive Session this morning, I would like to make a motion on the following minuted action. That minuted action is to approve the hiring of Mr. Lou Fox as City Manager of the City of Lubbock, effective February 16, 2004 at an annual salary of $185,000 and a total compensation package of $258,745.47." Motion was seconded by Council Member Morrison. Motion carried: 7 Yeas, 0 Nays. Mayor McDougal asked City Manager Lou Fox to come to the podium. He then presented Mr. Fox with two shirts. One shirt had a "Legendary Lubbock" logo; the other, a "Music Crossroads of Texas" logo. Mr. Fox gave comments. BOARD APPOINTMENTS RECOGNITION Animal Shelter Advisory Committee Receiving: Mary Hatfield Keep Lubbock Beautiful Advisory Committee Receiving: Brenda Brown Neighborhood Redevelopment Commission Receiving: Michael Springer North Overton Tax Increment Financing District Receiving: Stephen Krier (unable to attend) Park and Recreation Board Receiving: Bruce Bunn CITIZEN APPEARANCES ( 9.) Presentation of a Special Recognition to the Martin Luther King, Jr. Commemorative Council for their efforts in making the Martin Luther King, Jr. (MLK) Memorial a reality for the people of Lubbock. This item was deleted. (10.) Presentation of a Special Recognition to the African American Chamber of Commerce Staff and Board of Directors for their hard work and dedication to the Lubbock Community. The African American Chamber of Commerce has worked diligently on behalf of Lubbock and the City's many businesses. The Chamber is an organization that helps remove obstacles to Lubbock's commerce, as well as identifies and creates opportunities for successful Lubbock business. The Chamber also champions vital causes for the entire community. Members of the African American Chamber of Commerce Staff and Board of Directors recognized for their hard work and support of the Lubbock 115 Regular City Council Meeting February 19, 2004 community, as well as their continued efforts to improve our City, included Chair of the Board Ralph Ferguson and Executive Director Regji Davis The next item considered was Item 14. (11.) Presentation of Special Recognition to the Optimist Club recognizing March 2, 2004 as Optimist Awareness Day. This item was considered following Item 14. The Optimist Club is the civil club sponsor of the Optimist Branch of the Boys & Girls Clubs of Lubbock. The Optimist Branch is one of three Boys & Girls Clubs serving Lubbock. There are over 1,000 members of the Optimist Branch that participate in activities such as basketball, volleyball, drug and alcohol education, tutoring, internet safety education, arts and crafts, photography, game room tournaments, weight training and boxing. Four of their club members serve on the Boys and Girls Club Board. Council Member Martin gave the presentation to the Optimist Club recognizing March 2, 2004 as Optimist Awareness Day. Members of the Optimist Club were present to receive the recognition. The next item considered was Item 13. (12.) Presentation of Special Recognition to Up and Coming Scholars. This item was deleted. (13.) Presentation of a Special Recognition to Lt. Charles Davis, with the Lubbock Fire Department, for an outstanding attitude while performing job duties. Fire Chief Steve Hailey received a letter, a copy of which was provided in council backup, describing the actions and attitude of Lt. Charles Davis. It is Chief Hailey's recommendation that Lt. Davis be recognized, not so much for accomplishing his job duties, but the attitude that was demonstrated during those actions. Lt. Davis and his crew were worthy of this recognition, because this event is consistent with the way that they handle all of the incidents they respond to. Not only do they perform whatever duty is required at the incident scene, but also they provide follow-up, assistance and assurance after the emergency has passed. In this incident, they not only cared for the victims at the scene, but also made sure they were taken care of until relatives could arrive to help. Quincy White, Acting City Manager, gave the presentation of a Special Recognition to Lt. Charles Davis, with the Lubbock Fire Department, for an outstanding attitude while performing job duties. Lt. Davis recognized equipment operator Scott Odorizzi and fellow fire fighters Brad Jones and Mark Culbert. The next items considered were Consent Agenda Items 15-18, 20, 22-30, 34, 36, 38-48. (14.) Presentation of a Special Recognition to the "Unsung Heroes" of the City of Lubbock and Lubbock County. This item was considered following Item 10. For the past few years, the Lubbock Metropolitan Rotary Club has presented the "Unsung Heroes" award to the outstanding Firefighter, 116 Regular City Council Meeting February 19, 2004 Police Officer, Deputy Sheriff and EMS Paramedic. What makes the award so unique is the fact that each of the individuals recognized are selected by their own peers. On February P of this year, a reception was sponsored by, and held at, American State Bank at 1401 Avenue Q, recognizing the following individuals as the "Unsung Heroes" for the year 2003: Chris Addington, Lubbock Fire Department; Lubbock Police Officer Sarah Collins; Sheriff Sergeant David Turner and canine sidekick `Riff'; and EMS senior field training officer, Andrew Ochoa. The above -named individuals were present for presentation of a Special Recognition as the "Unsung Heroes" of the City of Lubbock and Lubbock County. The next item considered was Item 11. CONSENT AGENDA (Items 15-18, 20, 22-30, 34, 36 and 38-48) Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to approve Items 15-18, 20, 22-30, and 34, 36 and 38-48 on consent agenda. Council Member Martin requested that the motion be amended to pull items 35 and 37. Council Members Morrison and Gilbreath agreed. Motion carried: 7 Yeas, 0 Nays. (15.) Approval of Minutes: February 5, 2004 Regular City Council Meeting (16.) ORDINANCE NO. 2004-00018: Ordinance abandoning and closing a 20 foot garbage collection easement located in Section 8, Block E-2, Lubbock, County, Texas (4311 501h Street) (second and final reading). ORDINANCE NO.2004-00018 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20-FOOT GARBAGE COLLECTION EASEMENT LOCATED IN SECTION 8, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE NO. 2004-00019: Ordinance abandoning and closing a Lubbock Power and Light Transformer Pad Easement located in Tract "L", College Avenue Co-op Addition to the City of Lubbock (8301 University Avenue) (second and final reading). ORDINANCE NO. 2004-00019 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT FOR LP&L LOCATED IN TRACT "L", COLLEGE AVENUE CO-0 ADDITION AND LOT E, HOBGOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE NO. 2004-00020: Ordinance abandoning and closing a Lubbock Power and Light 5 foot Underground Utility Easement located in Lot 9C, Crow's Nest Addition to the City of Lubbock (5837 6th Street) (second and final reading). 117 Regular City Council Meeting February 19, 2004 ORDINANCE NO. 2004-00020 AN ORDINANCE ABANDONING AND CLOSING A 5 FOOT UNDERGROUND UTILITY EASEMENT FOR LP&L LOCATED IN LOT 9C, IN THE CROW'S NEST ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The next item considered was Item 20. (19.) ORDINANCE NO. 2004-00021: Ordinance amending Article XVIII of Chapter 2 of the Code of Ordinances with regard to the creation, duties, terms and responsibilities of the Electric Utilities Board; amending Article I of Chapter 9 to conform to changes made to the duties and responsibilities of the Electric Utilities Board; providing for the disbursement of revenues of the City's electric utility; defining conflicts of interests and penalties associated therewith; reserving specific powers to the City Council; providing a savings clause; and providing for publication (second and final reading). ORDINANCE NO.2004-00021 AN ORDINANCE AMENDING ARTICLE XVIII OF CHAPTER 2 OF THE CODE OF ORDINANCES WITH REGARD TO THE CREATION, DUTIES, TERMS AND RESPONSIBILITIES OF THE ELECTRIC UTILITIES BOARD; AMENDING ARTICLES I AND II OF CHAPTER 9 OF THE CODE OF ORDINANCES TO CONFORM TO CHANGES MADE TO THE DUTIES AND RESPONSIBILITIES OF THE ELECTRIC UTILITIES BOARD; PROVIDING FOR THE DISBURSEMENT OF REVENUES OF THE CITY'S ELECTRIC UTILITY; DEFINING CONFLICTS OF INTERESTS AND PENALTIES ASSOCIATED THEREWITH; RESERVING SPECIFIC POWERS TO THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was moved from consent agenda to regular agenda and was considered following Item 49. Motion was made by Council Member Boren, seconded by Council Member Martin to pass on second and final reading Ordinance No. 2004-00021 with the amendments given to Council at the dais. Motion carried: 7 Yeas, 0 Nays. Assistant City Attorney Matt Wade read the changes as follows: Sec. 2-480. Members, Qualifications. a) A change from five board members to nine members appointed by the City Council. The City Council may decrease the number of Board members to no less than seven members upon the affirmative recommendation of the Board. The Mayor, or the Mayor's appointee, shall serve as a non -voting ex officio member of the Board. b) The number of Board members was changed to five instead of three and four Board members instead of two to serve the one and two year terms respectively. Sec. 2-482. Authority, Duties, Responsibility of the Board. Language was added to Section c) to where it reads: "To the extent authorized by law and subject to the City's Charter and Code of 118 Regular City Council Meeting February 19, 2004 Ordinances, the Board shall have all authority necessary to govern, manage, administer and operate the City's electric utility including the authority to contract for accounting, financial, human resource, legal and other services separate and apart from those services currently being provided by the City of Lubbock. Furthermore, this authority ...... If the Board contracts for legal services separate and apart from the City Attorney's office, the legal counsel for the Board shall also report to and be responsible to the City Council of the City of Lubbock." The next items considered were Items 50-53. (20.) Ordinance No. 2004-0000022 ordering a bond election to be held in the City of Lubbock, Texas, making provision for conduct of the election and resolving other matters incidental and related to such election (first reading). ORDINANCE NO.2004-00022 AN ORDINANCE ordering a bond election to be held in the City of Lubbock, Texas, making provision for the conduct of the election and resolving other matters incidental and related to such election. This item was considered following Item 18. The Council created the Citizens Advisory Committee (CAC) to determine the infrastructure needs/wants throughout the community. The 35-member Committee held public meetings in each Council district and one meeting for citywide neighborhood associations and other interested parties. The members listened to citizens' comments, complaints, and concerns to determine which projects Lubbock citizens think are most important. After a five month review by the CAC, and several subcommittees made up of Lubbock residents, voters will be asked to consider seven separate propositions on streets, civic center/auditorium facilities, parks, police/municipal court facilities, libraries, fire stations, and the animal shelter facility. The total amount of projects included in the seven propositions is $30,000,000. This will be the first bond election since a $37,000,000 election in September 1999. This bond election will be similar to the 1999 election in that debt will be issued to fund these projects without the need for a tax increase. This ordinance calls for a bond election to be held on May 15, 2004 for the purpose of submitting the following measures: "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $9,210,000 FOR STREET IMPROVEMENTS" The CAC has recommended the following project to be funded with Proposition Number 1: Proposed Bond Project Descriptions Issuance Slide @ N. Loop or partial funding for Erskine from 2,000,000 Frankford to Quaker Subdivision Assessment 500,000 34th & University Intersection Reconstruction 1,395,000 119 Regular City Council Meeting February 19, 2004 Milwaukee from 45th to Spur 327 Strip Paving 1,090,000 N/E Lubbock Infrastructure for New Residential 1,300,000 Subdivision Regis Street Completion 365,000 Federally Mandated Curb Ramps 50,000 City -Wide Traffic Signal Communications Upgrade 510,000 Traffic Signals- New Locations 450,000 Sidewalk Construction Including Safe Routes to 400,000 Schools Low/Moderate Income Area Street Paving 400,000 N. University "Gateway" Project 750,000 Streets $ 9,210,000 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $6,450,000 FOR CIVIC CENTER/AUDITORIUM RENOVATIONS AND IMPROVEMENTS" The CAC has recommended the following project to be funded with Proposition Number 2: Proposed Bond Project Descriptions Issuance Auditorium Renovation (Partial Funding) 5,000,000 Civic Center Renovation Phase H (Partial Funding) 1,450,000 Civic Center/Auditorium $ 6,450,000 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $6,395,000 FOR PARK IMPROVEMENTS" The CAC has recommended the following project to be funded with Proposition Number 3: Proposed Bond Project Descriptions Issuance MLK Little League Complex (3 Fields) 1,664,000 Miller & Andrews Park Redevelopment 826,000 Burgess -Rushing Tennis Center Expansion 1,086,000 Indoor Recreation Center in West Lubbock with 25,000 partnership Midwest Little League Complex (3 Fields) 1,664,000 Phase I New Park- Southwest Lubbock/Soccer 1,130,000 Parks $ 6,395,000 120 Regular City Council Meeting February 19, 2004 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $3,350,000 FOR POLICE/MUNICIPAL COURT FACILITIES" The CAC has recommended the following project to be funded with Proposition Number 4: Proposed Bond Proiect Descriptions Issuance Police/Municipal Court Renovation (Partial 2,500,000 Funding) East Lubbock City Services Center/Pilot Program 850,000 Police $ 3,350,000 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $2,145,000 FOR LIBRARY IMPROVEMENTS" The CAC has recommended the following project to be funded with Proposition Number 5: Proposed Bond Project Descriptions Issuance Mahon Renovation (Partial Funding) 2,145,000 Libraries $ 2,145,000 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $1,405,000 FOR FIRE STATIONS" The CAC has recommended the following project to be funded with Pr^position Number 6: Proposed Bond Project Descriptions Issuance Fire Station 12 Rehab/Fire Station 8 Replacement S 1,405,000 Fire $ 1,405,000 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $1,045,000 FOR ANIMAL SHELTER RENOVATIONS AND IMPROVEMENTS" The CAC has recommended the following projects to be funded with Proposition Number 7: Proposed Bond Project Descriptions Issuance Animal Shelter Renovation 1,045,000 Animal Shelter FISCAL IMPACT: $ 1,045,000 The total amount of projects included in the seven propositions is $30,000,000. Bonds will be issued to fund these projects over an estimated six -year period. These bonds will be issued without a property tax rate increase, utilizing the current property tax rate for debt service. Staff recommended approval of this ordinance. 121 Regular City Council Meeting February 19, 2004 The next items considered were Items 22-30. (21.) Ordinance No. 2004-00023 calling for the closing of a Burlington Northern and Santa Fe Railway Company railroad crossing on Avenue M (at 3rd Street), DOT No. 014933U (first reading). ORDINANCE NO. 2004-00023 AN ORDINANCE CALLING FOR THE CLOSING OF THE RAILROAD CROSSING LOCATED IN AVENUE M AT 3RD STREET (DOT NO. 014933U), RAILROAD MILEPOST 673.X IN THE CITY OF LUBBOCK, TEXAS. This item was moved from consent agenda to regular agenda and was considered following Item 48. Neighborhood complaints about the condition of the railroad crossings initiated contact with the Burlington Northern and Santa Fe Railway Company (BNSF). This is in the Guadalupe Neighborhood area north of 4th Street, and west of Buddy Holly Avenue. The railroad crossing generating the most complaints was the Avenue P crossing, which is the primary access to the Guadalupe neighborhood from 4th Street. In negotiations with the railroad, they indicated a strong desire to close the Avenue M crossing of their main line track. In exchange for this closing, they offered to reconstruct the Avenue P crossing at no cost to the City. Initial discussions with the neighborhood also indicated concerns about the Cornell Street crossing at North Avenue Q, and the 3rd Street crossing east of Avenue M. There was a preliminary agreement with BNSF to rebuild the Avenue P, Cornell Street, and 3rd Street crossings in exchange for the closure of the Avenue M crossing and $75,000 in City participation. On January 6, 2004, at a neighborhood meeting with Councilman Hernandez, those in attendance prioritized their desired railroad crossing improvements. They were: Avenue P north of 3rd Street Cornell Street at Avenue Q I" Street west of Avenue K Avenue K north of I" Street 3rd Street east of Avenue M After the neighborhood meeting, staff contacted BNSF and requested the 3rd Street crossing reconstruction be replaced with rebuilding the lst Street crossing. Staff also requested the railroad consider rebuilding the Avenue K crossing. The BNSF agreed to exchanging the 1 St Street crossing for the 3rd Street crossing, and including the rebuilding of the Avenue K crossing for the same $75,000 in City participation. The cost breakdown is as follows: RR Crossing RR Cost City Cost Total Cost lst Street $ 25,236 $18,750 $43,986 Avenue K $ 41,475 $18,750 $60,225 Cornell Street $ 16,404 $37,500 $53,904 Avenue P $265,504 $ 0 $265,504 Totals $348,619 $75,000 $423,619 122 Regular City Council Meeting February 19, 2004 Under the Agreements, the railroad agrees to: • Rebuild the four crossings with concrete railroad crossing materials • Leave the Avenue M crossing open until the Avenue P crossing is built • Remove the crossing, signals, and roadway at the Avenue M crossing Under the Agreements, the City agrees to: • Pay the railroad $75,000 for rebuilding the four crossings • Rebuild the asphalt paving approaches to the new crossings • Provide traffic control and barricades during construction • Provide road closure barriers at the closed Avenue M crossing • Permanently abandon the Avenue M railroad crossing With the closure of the Avenue M crossing, there is concern from some of the businesses about all weather access with the upcoming construction of the Marsha Sharp Freeway. The businesses will lose their secondary all weather access when the Avenue M railroad crossing is closed. The staff has determined the only viable alternative is providing an all weather roadway on 3`d Street from Avenue M to Avenue P. Currently, 3`d Street is dedicated as public right-of-way, but is unpaved. To strip -pave 3`d Street from Avenue M to Avenue 0 could cost as little as $15,000. However, the Street Department is concerned that any significant volume of truck traffic will create rapid deterioration of this type design strip paving. Because of an excellent bid on asphalt stabilized base on an annual maintenance program, the Street Department recommended this type of paving section, which should reduce future maintenance needs significantly. This asphalt stabilized base strip paving would cost approximately $38,000. FISCAL IMPACT: The $75,000 for the City's participation in the cost of rebuilding the railroad crossings was approved by the City Council in the 2003-04 budget. These funds are set up in the Streets Capital Projects budget. If approved by the Council, the additional $15,000 or $38,000 for the 3`d Street strip paving will be taken from the State/Federal Match capital project in the Street Capital Projects Fund. Approximately $114,000 is currently in this capital project. Staff recommended approval of the agreements with BNSF for the reconstruction of the four railroad crossings, and the ordinance closing and abandoning the Avenue M railroad crossing. Staff also recommended Council authorization to construct the black base strip paving for 3`d Street from Avenue M to Avenue P to provide secondary all weather paved access from Avenue M to Avenue P to provide secondary all weather paved access to the businesses no longer able to use the Avenue M railroad crossing after its closure. Staff recommended approval of this ordinance. Motion was made by Council Member Gilbreath, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2004-00023 to include $38,000 of strip paving. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next items considered were Items 31-33. Items 22-30 were considered following Item 20. 123 Regular City Council Meeting February 19, 2004 (22.) Resolution No. 2004-R0059 authorizing the Mayor to sign an agreement with the Burlington Northern and Santa Fe Railway Company to improve the railroad crossing on 1st Street (west of Avenue I), DOT No. 017 510E. RESOLUTION NO. 2004-R0059 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for the improvement to railroad crossings on I" Street West of Avenue K, DOT. No. 017 510E, by and between the City of Lubbock and The Burlington Northern and Santa Fe Railway Company, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning & Transportation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0059. Neighborhood complaints about the condition of the railroad crossings initiated contact with the Burlington Northern and Santa Fe Railway Company (BNSF). This is in the Guadalupe Neighborhood area north of 4`h Street, and west of Buddy Holly Avenue. The railroad crossing generating the most complaints was the Avenue P crossing, which is the primary access to the Guadalupe neighborhood from 4`h Street. In negotiations with the railroad, they indicated a strong desire to close the Avenue M crossing of their main -line track. In exchange for this closing, they were offering to reconstruct the Avenue P crossing at no cost to the City. Initial discussions with the neighborhood also indicated concerns about the Cornell Street crossing at North Avenue Q, and the 3rd Street crossing east of Avenue M. There was preliminary agreement with BNSF to rebuild the Avenue P, Cornell Street, and 3rd Street crossings in exchange for the closure of the Avenue M crossing and $75,000 in City participation. 124 Regular City Council Meeting February 19, 2004 On January 6, 2004, at a neighborhood meeting with Councilman Hernandez, those in attendance prioritized their desired railroad crossing improvements. They were: Avenue P north of 3rd Street Cornell Street at Avenue Q 1st Street west of Avenue K Avenue K north of 1st Street 3rd Street east of Avenue M After the neighborhood meeting, the staff contacted BNSF and requested the 3rd Street crossing reconstruction be replaced with rebuilding the 1st Street crossing. The staff also requested the railroad consider rebuilding the Avenue K crossing. The BNSF agreed to exchanging the 1st Street crossing for the 3rd Street crossing, and including the rebuilding of the Avenue K crossing for the same $75,000 in City participation. The cost breakdown is as follows: RR Crossing RR Cost City Cost Total Cost 1st Street $ 25,236 $18,750 $43,986 Avenue K $ 41,475 $18,750 $60,225 Cornell Street $ 16,404 $37,500 $53,904 Avenue P $265,504 $ 0 $265,504 Totals $348,619 $75,000 $423,619 Under the Agreements, the railroad agrees to: • Rebuild the four crossings with concrete railroad crossing materials • Leave the Avenue M crossing open until the Avenue P crossing is built • Remove the crossing, signals, and roadway at the Avenue M crossing Under the Agreements, the City agrees to: • Pay the railroad $75,000 for rebuilding the four crossings • Rebuild the asphalt paving approaches to the new crossings • Provide traffic control and barricades during construction • Provide road closure barriers at the closed Avenue M crossing • Permanently abandon the Avenue M railroad crossing With the closure of the Avenue M crossing, there is concern from some of the businesses about all weather access with the upcoming construction of the Marsha Sharp Freeway. The businesses will lose their secondary all weather access when the Avenue M railroad crossing is closed. The staff has determined the only viable alternative is providing an all weather roadway on 3rd Street from Avenue M to Avenue P. Currently, 3rd Street is dedicated as public right-of-way, but is unpaved. To strip pave 3rd Street from Avenue M to Avenue O could cost as little as $15,000. However, the Street Department is concerned that any significant volume of truck traffic will create rapid deterioration of this type design strip paving. Because of an excellent bid on asphalt stabilized base on an annual maintenance program, Street Department recommended this type of paving section which should reduce future maintenance needs significantly. This asphalt stabilized base strip paving would cost approximately $38,000. FISCAL IMPACT: The $75,000 for the City's participation in the cost of rebuilding the railroad crossings was approved by the City Council in the 2003-04 budget. These funds are set up in the Streets Capital Projects budget. If 125 Regular City Council Meeting February 19, 2004 approved by the Council, the additional $15,000 or $38,000 for the 3Td Street strip paving will be taken from the State/Federal Match capital project in the Street Capital Projects Fund. Approximately $114,000 is currently in this capital project. Staff recommended approval of the agreements with BNSF for the reconstruction of the four railroad crossings, and the ordinance closing and abandoning the Avenue M railroad crossing. The staff also recommended Council authorization to construct the black base strip paving for 3Td Street from Avenue M to Avenue P to provide secondary all weather paved access from Avenue M to Avenue P to provide secondary all weather paved access to the businesses no longer able to use the Avenue M railroad crossing after its closure. Staff recommended approval of this ordinance. (23.) Resolution No. 2004-R0060 authorizing the Mayor to sign an agreement with the Burlington Northern and Santa Fe Railway Company to improve the railroad crossing on Avenue K (north of 1st Street), DOT No. 017 511L. RESOLUTION NO. 2004-R0060 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for the improvement to railroad crossings on Avenue K north of I" Street, DOT No. 017 511L, by and between the City of Lubbock and The Burlington Northern and Santa Fe Railway Company, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning & Transportation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0060. Neighborhood complaints about the condition of the railroad crossings initiated contact with the Burlington Northern and Santa Fe Railway Company (BNSF). This is in the Guadalupe Neighborhood area north of 4`h Street, and west of Buddy Holly Avenue. 126 Regular City Council Meeting February 19, 2004 The railroad crossing generating the most complaints was the Avenue P crossing which is the primary access to the Guadalupe neighborhood from 4th Street. I n negotiations with the railroad, they indicated a strong desire to close the Avenue M crossing of their main line track. In exchange for this closing, they were offering to reconstruct the Avenue P crossing at no cost to the City. Initial discussions with the neighborhood also indicated concerns about the Cornell Street crossing at North Avenue Q, and the 3`d Street crossing east of Avenue M. There was preliminary agreement with BNSF to rebuild the Avenue P, Cornell Street, and 3`d Street crossings in exchange for the closure of the Avenue M crossing and $75,000 in City participation. On January 6, 2004, at a neighborhood meeting with Councilman Hernandez, those in attendance prioritized their desired railroad crossing improvements. They were: Avenue P north of 3`d Street Cornell Street at Avenue Q 1 sc Street west of Avenue K Avenue K north of 1st Street 3`d Street east of Avenue M After the neighborhood meeting, the staff contacted BNSF and requested the 3`d Street crossing reconstruction be replaced with rebuilding the 1" Street crossing. The staff also requested the railroad consider rebuilding the Avenue K crossing. The BNSF agreed to exchanging the 1st Street crossing for the 3`d Street crossing, and including the rebuilding of the Avenue K crossing for the same $75,000 in City participation. The cost breakdown is as follows: RR Crossing RR Cost City Cost Total Cost 1st Street $ 25,236 $18,750 $43,986 Avenue K $ 41,475 $18,750 $60,225 Cornell Street $ 16,404 $37,500 $53,904 Avenue P $265,504 $ 0 $265,504 Totals $348,619 $75,000 $423,619 Under the Agreements, the railroad agrees to: • Rebuild the four crossings with concrete railroad crossing materials • Leave the Avenue M crossing open until the Avenue P crossing is built • Remove the crossing, signals, and roadway at the Avenue M crossing Under the Agreements, the City agrees to: • Pay the railroad $75,000 for rebuilding the four crossings • Rebuild the asphalt paving approaches to the new crossings • Provide traffic control and barricades during construction • Provide road closure barriers at the closed Avenue M crossing • Permanently abandon the Avenue M railroad crossing With the closure of the Avenue M crossing, there is concern from some of the businesses about all weather access with the upcoming construction of the Marsha Sharp Freeway. The businesses will lose their secondary all weather access when the Avenue M railroad crossing is closed. The staff has determined the only viable alternative is providing an all weather roadway on 3`d Street from Avenue M to Avenue P. Currently, P Street is dedicated as public right-of-way, but is unpaved. 127 Regular City Council Meeting February 19, 2004 To strip pave 3rd Street from Avenue M to Avenue O could cost as little as $15,000. However, the Street Department is concerned that any significant volume of truck traffic will create rapid deterioration of this type design strip paving. Because of an excellent bid on asphalt stabilized base on an annual maintenance program, Street Department recommended this type of paving section which should reduce future maintenance needs significantly. This asphalt stabilized base strip paving would cost approximately $38,000. FISCAL IMPACT: The $75,000 for the City's participation in the cost of rebuilding the railroad crossings was approved by the City Council in the 2003-04 budget. These funds are set up in the Streets Capital Projects budget. The additional $15,000 or $38,000 for the 3rd Street strip paving, if approved by the Council, will be taken from the State/Federal Match capital project in the Street Capital Projects Fund. Approximately $114,000 is currently in this capital project. Staff recommended approval of the agreements with BNSF for the reconstruction of the four railroad crossings, and the ordinance closing and abandoning the Avenue M railroad crossing. The staff also recommended Council authorization to construct the black base strip paving for 3rd Street from Avenue M to Avenue P to provide secondary all weather paved access from Avenue M to Avenue P to provide secondary all weather paved access to the businesses no longer able to use the Avenue M railroad crossing after its closure. Staff recommended approval of first reading of this ordinance. (24.) Resolution No. 2004-R0061 authorizing the Mayor to sign an agreement with the Burlington Northern and Santa Fe Railway Company to improve the railroad crossing on Cornell Street (at North Avenue Q), DOT No. 017 370E. RESOLUTION NO.2004-R0061 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for the improvement to railroad crossings on Cornell Street at North Avenue Q, DOT No. 017 370E, by and between the City of Lubbock and The Burlington Northern and Santa Fe Railway Company, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 128 Regular City Council Meeting February 19, 2004 APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning & Transportation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0061. Neighborhood complaints about the condition of the railroad crossings initiated contact with the Burlington Northern and Santa Fe Railway Company (BNSF). This is in the Guadalupe Neighborhood area north of 4th Street, and west of Buddy Holly Avenue. The railroad crossing generating the most complaints was the Avenue P crossing which is the primary access to the Guadalupe neighborhood from 4th Street. In negotiations with the railroad, they indicated a strong desire to close the Avenue M crossing of their main line track. In exchange for this closing, they were offering to reconstruct the Avenue P crossing at no cost to the City. Initial discussions with the neighborhood also indicated concerns about the Cornell Street crossing at North Avenue Q, and the 3rd Street crossing east of Avenue M. There was preliminary agreement with BNSF to rebuild the Avenue P, Cornell Street, and 3rd Street crossings in exchange for the closure of the Avenue M crossing and $75,000 in City participation. On January 6, 2004, at a neighborhood meeting with Councilman Hernandez, those in attendance prioritized their desired railroad crossing improvements. They were: Avenue P north of 3rd Street Cornell Street at Avenue Q 1st Street west of Avenue K Avenue K north of 1" Street 3rd Street east of Avenue M After the neighborhood meeting, the staff contacted BNSF and requested the 3rd Street crossing reconstruction be replaced with rebuilding the lst Street crossing. The staff also requested the railroad consider rebuilding the Avenue K crossing. The BNSF agreed to exchanging the I" Street crossing for the 3rd Street crossing, and including the rebuilding of the Avenue K crossing for the same $75,000 in City participation. The cost breakdown is as follows: RR Crossing RR Cost City Cost Total Cost 1 St Street $ 25,236 $18,750 $43,986 -- Avenue K $ 41,475 $18,750 $60,225 Cornell Street $ 16,404 $37,500 $53,904 Avenue P $265,504 $ 0 $265,504 Totals $348,619 $75,000 $423,619 129 Regular City Council Meeting February 19, 2004 Under the Agreements, the railroad agrees to: • Rebuild the four crossings with concrete railroad crossing materials • Leave the Avenue M crossing open until the Avenue P crossing is built • Remove the crossing, signals, and roadway at the Avenue M crossing Under the Agreements, the City agrees to: • Pay the railroad $75,000 for rebuilding the four crossings • Rebuild the asphalt paving approaches to the new crossings • Provide traffic control and barricades during construction • Provide road closure barriers at the closed Avenue M crossing • Permanently abandon the Avenue M railroad crossing With the closure of the Avenue M crossing, there is concern from some of the businesses about all weather access with the upcoming construction of the Marsha Sharp Freeway. The businesses will lose their secondary all weather access when the Avenue M railroad crossing is closed. The staff has determined the only viable alternative is providing an all weather roadway on P Street from Avenue M to Avenue P. Currently, P Street is dedicated as public right-of-way, but is unpaved. To strip -pave 3'd Street from Avenue M to Avenue O could cost as little as $15,000. However, the Street Department is concerned that any significant volume of truck traffic will create rapid deterioration of this type design strip paving. Because of an excellent bid on asphalt stabilized base on an annual maintenance program, Street Department recommended this type of paving section which should reduce future maintenance needs significantly. This asphalt stabilized base strip paving would cost approximately $38,000. FISCAL IMPACT: The $75,000 for the City's participation in the cost of rebuilding the railroad crossings was approved by the City Council in the 2003-04 budget. These funds are set up in the Streets Capital Projects budget. The additional $15,000 or $38,000 for the 3`d Street strip paving, if approved by the Council, will be taken from the State/Federal Match capital project in the Street Capital Projects Fund. Approximately $114,000 is currently in this capital project. Staff recommended approval of the agreements with BNSF for the reconstruction of the four railroad crossings, and the ordinance closing and abandoning the Avenue M railroad crossing. The staff also recommended Council authorization to construct the black base strip paving for 3'd Street from Avenue M to Avenue P to provide secondary all weather paved access from Avenue M to Avenue P to provide secondary all weather paved access to the businesses no longer able to use the Avenue M railroad crossing after its closure. Staff recommended approval of this resolution. (25.) Resolution No. 2004-R0062 authorizing the Mayor to sign an agreement with the Burlington Northern and Santa Fe Railway Company to close the railroad crossing on Avenue M (at 3rd Street), DOT No. 014933U, and to improve the railroad crossing on Avenue P (north of 3rd Street) DOT No. 014932M. 130 Regular City Council Meeting February 19, 2004 RESOLUTION NO. 2004-R0062 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for the closure of Avenue M Public Crossing at 3Td Street, DOT No. 014933U, and the improvement of the railroad crossing at Avenue P (north of 3Td Street), by and between the City of Lubbock and The Burlington Northern and Santa Fe Railway Company, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning & Transportation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0062. Neighborhood complaints about the condition of the railroad crossings initiated contact with the Burlington Northern and Santa Fe Railway Company (BNSF). This is in the Guadalupe Neighborhood area north of 4th Street, and west of Buddy Holly Avenue. The railroad crossing generating the most complaints was the Avenue P crossing which is the primary access to the Guadalupe neighborhood from 41h Street. In negotiations with the railroad, they indicated a strong desire to close the Avenue M crossing of their main line track. In exchange for this closing, they were offering to reconstruct the Avenue P crossing at no cost to the City. Initial discussions with the neighborhood also indicated concerns about the Cornell Street crossing at North Avenue Q, and the 3rd Street crossing east of Avenue M. There was preliminary agreement with BNSF to rebuild the Avenue P, Cornell Street, and 3rd Street crossings in exchange for the closure of the Avenue M crossing and $75,000 in City participation. On January 6, 2004, at a neighborhood meeting with Councilman Hernandez, those in attendance prioritized their desired railroad crossing improvements. They were: Avenue P north of 3 iTd Street Cornell Street at Avenue Q 1" Street west of Avenue K 131 Regular City Council Meeting February 19, 2004 Avenue K north of 1" Street 3rd Street east of Avenue M After the neighborhood meeting, the staff contacted BNSF and requested the 3rd Street crossing reconstruction be replaced with rebuilding the I" Street crossing. The staff also requested the railroad consider rebuilding the Avenue K crossing. The BNSF agreed to exchanging the Vt Street crossing for the 3rd Street crossing, and including the rebuilding of the Avenue K crossing for the same $75,000 in City participation. The cost breakdown is as follows: RR Crossing RR Cost City Cost Total Cost 1" Street $ 25,236 $18,750 $43,986 Avenue K $ 41,475 $18,750 $60,225 Cornell Street $ 16,404 $37,500 $53,904 Avenue P $265,504 $ 0 $265,504 Totals $348,619 $75,000 $423,619 Under the Agreements, the railroad agrees to: • Rebuild the four crossings with concrete railroad crossing materials • Leave the Avenue M crossing open until the Avenue P crossing is built • Remove the crossing, signals, and roadway at the Avenue M crossing Under the Agreements, the City agrees to: • Pay the railroad $75,000 for rebuilding the four crossings • Rebuild the asphalt paving approaches to the new crossings • Provide traffic control and barricades during construction • Provide road closure barriers at the closed Avenue M crossing • Permanently abandon the Avenue M railroad crossing With the closure of the Avenue M crossing, there is concern from some of the businesses about all weather access with the upcoming construction of the Marsha Sharp Freeway. The businesses will lose their secondary all weather access when the Avenue M railroad crossing is closed. The staff has determined the only viable alternative is providing an all weather roadway on 3rd Street from Avenue M to Avenue P. Currently, 3rd Street is dedicated as public right-of-way, but is unpaved. To strip pave 3rd Street from Avenue M to Avenue O could cost as little as $15,000. However, the Street Department is concerned that any significant volume of truck traffic will create rapid deterioration of this type design strip paving. Because of an excellent bid on asphalt stabilized base on an annual maintenance program, Street Department recommended this type of paving section which should reduce future maintenance needs significantly. This asphalt stabilized base strip paving would cost approximately $38,000. FISCAL IMPACT: The $75,000 for the City's participation in the cost of rebuilding the railroad crossings was approved by the City Council in the 2003-04 budget. These funds are set up in the Streets Capital Projects budget. The additional $15,000 or $38,000 for the 3rd Street strip paving, if approved by the Council, will be taken from the State/Federal Match capital project in the Street Capital Projects Fund. Approximately $114,000 is currently in this capital project. The staff recommended approval of the agreements with BNSF for the reconstruction of the four railroad crossings, and the ordinance closing and abandoning the Avenue M railroad crossing. The staff also recommended 132 Regular City Council Meeting February 19, 2004 Council authorization to construct the black base strip paving for 3ra Street from Avenue M to Avenue P to provide secondary all weather paved access from Avenue M to Avenue P to provide secondary all weather paved access to the businesses no longer able to use the Avenue M railroad crossing after its closure. Staff recommended approval of first reading of this ordinance. (26.) Resolution No. 2004-R0063 - a joint election between the City of Lubbock and Lubbock Independent School District authorizing the May 15, 2004 election to be a Joint Election. Lubbock Independent School District has contracted with Lubbock County to administer their election. RESOLUTION NO.2004=R0063 WHEREAS, Chapter 271 of the Texas Election Code provides for joint elections when an election is required upon the same day by two or more political subdivisions occupying all or a part of the same territory; and WHEREAS, the City of Lubbock and Lubbock Independent School District are both required to conduct elections on May 15, 2004; and WHEREAS, Lubbock Independent School District has contracted with Lubbock County to administer the election on May 15, 2004, for Lubbock Independent School District; and WHEREAS, pursuant to Section 271.002 of the Election Code, the governing bodies of both governmental subdivisions have determined that it is in the best interest of each respective governmental subdivision to conduct a joint election on May 15, 2004; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute the attached Joint Election Agreement by and between the City of Lubbock and Lubbock Independent School District authorizing the May 15, 2004, election to be conducted as a joint election; and THAT the City Secretary is hereby authorized and directed to make any necessary changes to the Election Order exhibits necessary to carry out the purposes of this Resolution. Passed by the City Council this 19th day of February, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Joint Election Agreement is filed with Resolution No. 2004-R0063. 133 Regular City Council Meeting February 19, 2004 Both the City of Lubbock and Lubbock Independent School District will be holding elections on May 15, 2004. Lubbock Independent School District has contracted with Lubbock County to administer the LISD election. Presented for Council consideration is a resolution between the City of Lubbock and Lubbock County (for Lubbock Independent School District) to hold a joint election in order to achieve convenience to the voters as well as cost savings for both entities. The joint election to be held on May 15, 2004, under provisions of the Texas Election Code and other applicable law and in accordance with agreed terms, as detailed in the Joint Election Resolution. The City of Lubbock Election will be administered by the City Secretary, and the LISD election by the Lubbock County Elections Administrator. The joint areas are detailed in the Joint Election Resolution. The LISD administrative offices will also be established as a branch early voting location for the City (for this election). Exhibit B (early voting locations) has been revised. FISCAL IMPACT: The actual cost savings is not known at this time. The City and LISD will share the costs of election workers and of some of the services and facilities provided by Lubbock County. City Secretary recommended approval of this resolution. (27.) Resolution No. 2004-R0064 authorizing acceptance of water and sanitary sewer improvements for Tract B, Physician's Surgicenter of Lubbock Addition to the City of Lubbock, Lubbock County, Texas, northwest of North Loop 289, southwest of North Utica Avenue and south of Erskine Street. RE SOLUTION NO. 2004-R0064 A RESOLUTION ACCEPTING TRACT B, PHYSICIANS SURGICENTER OF LUBBOCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract B, Physicians Surgicenter of Lubbock 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 $147,277.71 with the improvements constructed by Hutton Construction Corp. having a value of $115,000.00 as determined by the unit prices established by said Chapter 28, and $32,277.71 cash paid to the City, which amount includes $29,977.71 cash for adjacent lines, with Heart Hospitals of America, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and 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. 134 Regular City Council Meeting February 19, 2004 SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin, Interim 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 $147,277.71 and has a value of $115,000 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $32,277.71, which includes $29,977.71 adjacent mains. The developer, Heart Hospitals of America, will receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund. The subdivision is located northwest of North Loop 289, southwest of North Utica Avenue and south of Erskine Street. FISCAL IMPACT: There will be negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (28.) Resolution No. 2004-R0065 authorizing acceptance of water and sanitary sewer improvements for Tract M, Westhaven Addition to the City of Lubbock, Lubbock County, Texas, between 2"d Street and 2"d Place and West of Gary Avenue. RESOLUTION NO.2004-R0065 A RESOLUTION ACCEPTING TRACT M, WESTHAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract M, Westhaven 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 135 Regular City Council Meeting February 19, 2004 WHEREAS, the total utility cost to the developer is $5,478.95 with the improvements constructed by Allen Doggett Construction Co. having a value of $5,128.95 as determined by the unit prices established by said Chapter 28, and $350.00 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Royal Texas -Tennessee Ltd. Partnership, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 19th day of February, 2004. MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin, Interim 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 $5,478.95 and has a value of $5,128.95 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $350 that includes $0.00 adjacent mains. The developer, Royal Texas -Tennessee Ltd. Partnership, will receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund. The subdivision is located between 2nd Street and 2"d Place and west of Gary Avenue. FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. 136 Regular City Council Meeting February 19, 2004 (29.) Resolution No. 2004-R0066 reappointing five temporary, substitute judges for the Municipal court (Jim Aldridge, Barbara Dickerson, Michelle Hart, Jorge Hernandez, and Enrique Martinez). RESOLUTION NO. 2004-R0066 WHEREAS, Subsection 30.00008(b) of the Government Code of the State of Texas provides that the governing body of the City of Lubbock may appoint one or more temporary substitute judges for the Lubbock Municipal Court of Record; and WHEREAS, such temporary substitute judges shall meet the same qualifications to serve as are required of a regular municipal judge; and WHEREAS, the City Council of the City of Lubbock has determined that it is in the best interest of the citizens of the City of Lubbock to appoint the following named persons as temporary substitute judges for the Municipal Court of Record; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following named persons are hereby appointed temporary substitute judges of the Lubbock Municipal Court of Record. Barbara Dickerson Enrique Martinez Michele Hart Jim Aldridge Jorge Hernandez SECTION 2. THAT said temporary substitute judges shall serve as needed and at the pleasure of the Presiding Judge of the Lubbock Municipal Court and said temporary substitute judges shall receive such pay as shall be provided for such positions by the City Council in the annual City of Lubbock budget. Passed by the City Council on this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Robert A. Doty Robert Doty, Municipal Judge APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel Five existing temporary judges (who accomplish the night magistrate duties at the City holding facility) need to be reappointed. All are willing to continue serving. It is strongly recommended to reappoint all five individuals. FISCAL IMPACT: Annual cost for judges' pay is already included in the annual budget. No changes will be needed at the "revised" budget. The appointment of the five temporary, substitute judges is requested. 137 Regular City Council Meeting February 19, 2004 (30.) Resolution No. 2004-R0067 expressing appreciation for the service of Ramon Gallegos as a temporary/substitute judge and appointing Jesse Mendez as a new temporary/substitute judge. RESOLUTION NO. 2004-R0067 WHEREAS, sections 30.00007 and 30.00008 of the Government Code provides for the appointment and assignment of temporary and substitute judges for municipal courts of record; and WHEREAS, Judge Ramon Gallegos has resigned his position as a temporary and substitute judge of the Municipal Court of Record; and WHEREAS, the City Council and the Presiding Judge of the Lubbock Municipal Court of Record desire to express their appreciation for his service and to appoint a new temporary and substitute judge for the Lubbock Municipal Court of Record; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby expresses its appreciation and gratitude to Ramon Gallegos for his service as a temporary and substitute judge of the Lubbock Municipal Court of Record. SECTION 2. THAT the City Council of the City of Lubbock hereby appoints Jesse Mendez as temporary and substitute judge of the Lubbock Municipal Court of Record. This appointment shall be effective upon final passage of this Resolution by the City Council of the City of Lubbock. The term of office shall be for two years and the salary shall be as provided by the City of Lubbock budget ordinance for such position. Passed by the City Council this 19th day of February, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Robert A. Doty Robert Doty, Presiding Municipal Judge APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel After serving as a magistrate (temporary/substitute judge) for the City of Lubbock since 1997, Ramon Gallegos resigned, effective December 31, 2003. With deep regret and enormous appreciation, his resignation has been accepted. As a result, the City needs to appoint a new temporary/substitute judge. The nomination of Jesse Mendez is being brought before the Council for approval. FISCAL IMPACT: Annual cost for the temporary/substitute judges' pay is already included in the annual budget. This appointment will have no impact on the existing budget. No changes will be needed at the "revised" budget. 138 Regular City Council Meeting February 19, 2004 The appointment of Jesse Mendez as a new temporary/substitute judge is requested. The next item considered was Item 34. Items 31-33 were moved from consent agenda to regular agenda and considered following Item 21. (31.) Resolution No. 2004-R0090 designating a portion of Dunbar Historical Lake, otherwise known as Canyon Lake #6, as a designated off -road bike trail. RESOLUTION NO.2004-R0090 WHEREAS, the City of Lubbock owns and operates a park area known as Dunbar Historical Lake, sometimes referred to as Canyon Lake No. 6; WHEREAS, the Parks and Recreation Board of the City of Lubbock is an advisory board to the City of Lubbock and is charged with making recommendations to the City Council regarding operational policies of parks and recreation facilities; WHEREAS, the Parks and Recreation Board of the City of Lubbock has carefully considered the use of a portion of the Dunbar Historical Lake Park and has determined that a non -motorized bike trail would be beneficial to the Park and to the citizens of the City of Lubbock; WHEREAS, the Parks and Recreation Board of the City of Lubbock has advised and recommended to the City Council of the City of Lubbock that a non -motorized bike trail, the route of same being roughly depicted in Exhibit "A" attached hereto, and made a part hereof for all purposes, be officially designated by the City Council for the City of Lubbock. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the City Council of the City of Lubbock hereby designates the route depicted in Exhibit "A", attached hereto, as well as extensions and improvements to such route, as a non -motorized bike trail in Dunbar Historical Lake Park. 2. THAT the non -motorized bike trail may be utilized solely by non -motorized bikes and pedestrians. No equestrian related activities may be conducted within or upon the non -motorized bike trail. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton, Parks and Recreation Director APPROVED AS TO FORM: 139 Regular City Council Meeting February 19, 2004 /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2004-R0090. The Parks and Recreation Department has received a joint proposal from the Lubbock Bicycle and Chaparral Cycling Club. These two groups would like to work in cooperation with the Lubbock Parks and Recreation Department to develop and install a trail marking and classification system for the off -road bike trail located at the Dunbar Historical Lake. An accompanying item will designate a trail for official equestrian use and prohibit off -road bicycles on that trail. The proposal will consist of three phases: Phase I: Trail mapping and classification Phase I will include identifying and mapping the trails currently in existence and identifying possible future trails at the site. After mapping is complete, the trails, trail segments and/or trail loops will be classified based on difficulty. Parks and Recreation staff has indicated that recent aerial photos are available for use in mapping the existing trail system. Phase H: Initial trail and area signage Phase H will include the installation of trail signs designated to direct cyclists to trails appropriate for their skill level. These permanent signs will be constructed from materials approved by the Parks and Recreation staff and manufactured by a local professional sign contractor. The members of the Lubbock Bicycle Club and the Chaparral Cycling Club will install the signs. The Parks and Recreation Department suggested the installation of a traditional wooden park sign identifying the location as an off -road bicycle area. This sign would be constructed and installed using existing Parks and Recreation resources. Phase III: Trail system map sign At the suggestion of the Parks and Recreation staff, the Lubbock Bicycle Club and the Chaparral Cycling Club agree that a laser cut sign showing the off -road bike trail system, in map form and listing any rules adopted for the use of the trails, should be installed. The Parks and Recreation Department will have final say on the sign's content and installation. FISCAL IMPACT: The designation of this bike trail would have the following implications on the Parks and Recreation Department: Phase I: By using existing resources, there should be no cost to the City of Lubbock or the cycling clubs to complete Phase I. Phase 11: Both clubs have approved funding to cover the cost to manufacture and install the signs. Phase III: No funding has been identified to date. If the Parks and Recreation Department uses operational funds for this portion of the project, it will cost approximately $250. This will be paid out of 5221.8266, which was budgeted at $48,370. 140 Regular City Council Meeting February 19, 2004 Staff will work with all local bicycling clubs to implement the recommended phases. The Parks and Recreation Board approved this on January 26, 1999. The Parks and Recreation Department recommended approval of this resolution. Corbin Pemberton, Community Projects Manager, gave comments and answered questions from Council Member Morrison. Council Member Martin asked Council's consensus to instruct the Parks Department and the City Attorney's office to prepare an amendment to City Code Section 19.1 addressing the bike trail/equestrian issue in regard to keeping bicycles off the equestrian trails and horses off the bike trails. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2004-R0090 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. (32.) Resolution No. 2004-R0091 designating a portion of Mackenzie Park as the official Equestrian Trail and signage area. RESOLUTION NO.2004-R0091 WHEREAS, the City of Lubbock owns and operates Mackenzie Park; and WHEREAS, the Parks and Recreation Board of the City of Lubbock is an advisory board to the City of Lubbock and is charged with making recommendations to the City Council regarding operational policies of parks and recreation facilities; WHEREAS, the Parks and Recreation Board of the City of Lubbock has carefully considered the use of the existing equestrian trail located in Mackenzie Park and has determined that an official equestrian trail would be beneficial to the Park and to the citizens of the City of Lubbock; WHEREAS, the Parks and Recreation Board of the City of Lubbock has advised and recommended to the City Council of the City of Lubbock that an equestrian trail, the route of same being roughly depicted in Exhibit "A" attached hereto, and made a part hereof for all purposes, be officially designated by the City Council for the City of Lubbock. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the City Council of the City of Lubbock hereby designates the route depicted in Exhibit "A", attached hereto, as well as extensions and improvements to such route, as the official equestrian trail in Mackenzie Park. 2. THAT no motorized or non -motorized vehicles may be utilized within or upon the official equestrian trail. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 141 Regular City Council Meeting February 19, 2004 APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton, Parks and Recreation Director APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2004-RO091. Parks and Recreation staff has just completed research into the existing equestrian trail located in Mackenzie Park. In the mid-1990s an Equestrian Committee identified land, standards/needs, user groups and funding needed to designate an area. From the committee, the Parks Department found that this area is extremely popular with several user groups. An Eagle Scout installed signage and directional arrows along the course. The trail never received an official designation for equestrian use by the City Council. It is now an appropriate time to designate this % mile course as an official Equestrian Trail and post additional signage as necessary. A copy of Exhibit A was provided in council backup. An accompanying item will designate a trail for official off -road bicycles and prohibit horses on that trail. FISCAL IMPACT: There is only a minimal fiscal impact to the Parks and Recreation operating budget for signage along the trail, approximately $500. This will be paid out of 5221.8266, which was budgeted at $48,370. On January 27, 2004, the Parks and Recreation Board unanimously approved this request. Once approved, staff will place the necessary signage along the trail as needed. The Parks and Recreation Department recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2004-R0091 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. (33.) Resolution No. 2004-R0092 authorizing the Mayor to execute an Interlocal Agreement with the City of Wolfforth adding the Wolfforth Police Department to the City's 800MHz Radio System. RESOLUTION NO.2004-R0092 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and the City of Wolfforth for 800 MHz Trunked Radio System. 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. 142 Regular City Council Meeting February 19, 2004 Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood Mark Yearwood Director of Information Technology APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0092. 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 the County Sheriff's Department, EMS, Red Cross, and Lubbock Independent School District. The Wolfforth Police Department, needing to communicate with other public safety agencies, requested subscribing 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 the Radio Shop system, and will increase revenue by approximately $434 per year. Staff recommended approval of this resolution. Mark Yearwood, Director of Information Technology, answered questions from Council Member Morrison. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2004-R0092 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 35. (34.) Resolution No. 2004-R0068 authorizing the Mayor to execute an alley use license with John Mullins for a concrete ramp alley encroachment (2662 34th Street). RESOLUTION NO.2004-R0068 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 Alley Use License for a concrete ramp, by and between the City of Lubbock and John Mullins, and related documents. 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 City Council. 143 Regular City Council Meeting February 19, 2004 Passed by the City Council this 19th day of February, 2004. /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 Chamales Supervising Attorney/Office Practice A copy of the License is filed with Resolution No. 2004-R0068. This item was considered following Item 30. Mullins TV is located at 2660 34th Street, just east of Boston Avenue. They recently constructed a new building on the west side of their existing building. Due to the size of the building, they were required to install a rear exit door per Fire Department regulations. This construction also required that a ramp be built for handicap access to exit this building. Since this building was built nearly on the rear property line, this concrete handicap ramp will have to be constructed in the north 4.5 feet of the 20-foot alley. This license allows them to construct this concrete ramp in the south 4.5 feet of the alley at a height of 6 inches and a length of 13 feet for a total square foot usage of 58.5 square feet. This concrete ramp will have no rails or posts that could create a traffic or vehicle hazard. The cost for this 20-year license will be the minimum of $50, payable every 5 years in advance or $250. The Engineering Department and Building Inspection Department have reviewed this request and find it acceptable. FISCAL IMPACT: The City will receive $50 per year income from this license. Right -of -Way Department recommended approval of this resolution. The next item considered was Item 36. (35.) Resolution No. 2004-R0093 authorizing the Mayor to execute a street -use license with High Impact Properties Texas for the use of a City street for additional paved parking areas (3102 50th Street). RESOLUTION NO.2004-R0093 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 for additional paved parking area, by and between the City of Lubbock and High Impact Properties Texas, L. L. C., and related documents. 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 City Council. 144 Regular City Council Meeting February 19, 2004 Passed by the City Council this 19th day of February, 2004. /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 Chamales Supervising Attorney/Office Practice A copy of the License is filed with Resolution No. 2004-R0093. This item was moved from consent agenda to regular agenda and was considered following Item 33. High Impact Properties Texas, L.L.C. owns the property just west of Flint Avenue on the north side of 50th Street. They are in the process of remodeling their building and the parking lot. They desire to construct two portions of their parking lot into the south right-of-way of 501h Street by approximately 10 feet. These two portions are for head -in parking of vehicles and are reached only from inside of their existing property. The first portion of right-of-way parking area usage measures 97.9 feet by 10 feet or 979 square feet and the second portion of right-of-way parking area usage measures 106.8 feet by 10 feet or 1,068 square feet for a street area usage of 2,047 square feet. Using the street -use license formula to determine the amount due the City for this license, a value is determined of 2047 square feet X $4.30 per square foot = $8,802.10 X 10% _ $880.21 per year or $4,401.05 per each 5 year term of this 20 year license. The Engineering Department, the Planning Department, and the Traffic Engineering Department have all reviewed this request and find it acceptable. FISCAL IMPACT: The City will receive $880.21 per year income from this license. Right -of -Way Department recommended approval of this resolution. Ed Bucy, Right -of -Way Agent, answered questions from Council Member Martin. Council Member Boren returned to the dais. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0093 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 37. 145 Regular City Council Meeting February 19, 2004 (36.) Resolution No. 2004-R0069 authorizing the Right -of -Way Department to make an offer to Tommy L. Townsend and wife, Elva L. Townsend and Harvey Stotts, Jr., and Geraldine Stotts, as trustee for the Don Carlton Stotts and Geraldine Stotts Revocable Living Trust, dated November 13, 1996 for a 30 foot wide permanent storm water line easement and a 100 foot wide working easement in Section 4, Block S, Lubbock County for the South Lubbock Drainage Improvement Project (3202 East Slaton Road, North -South on Guava Avenue between East 82nd Street and US Highway 84). RESOLUTION NO.2004-0069 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional easements for municipal public use and purposes, to -wit: for the South Lubbock Drainage Improvement Project and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of easements as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent storm water line easement and working easement to the tract of land further described in Exhibits "A" and `B", 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 Tommy L. Townsend and Elva L. Townsend and Harvey Stotts, Jr., and Geraldine Stotts, as Trustee for the Don Carlon Stotts and Geraldine Stotts Revocable Living Trust Dated November 13, 1996, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $25,000.00 which is the amount appraised as the value and total damages for the permanent storm water line easement and working easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the permanent storm water line easement and working easement. Passed by the City Council this 19th day of February, 2004. /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 Chamales Supervising Attorney/Office Practice A copy of Exhibits "A' and `B" are filed with Resolution No. 2004-R0069. This item was considered following Item 34. 146 Regular City Council Meeting February 19, 2004 At the November 17, 2003 City Council meeting, the Council approved a resolution authorizing the Right -of -Way Department to make an offer to Harvey Stotts, Jr. and Geraldine Stotts as Trustee for a permanent easement and working easement for the 98th Street storm water pipeline drainage project. This property is located between East 82°d Street and U. S. Highway 84 (Slaton Road) along what would be Guava Avenue. This property sold on February 6, 2004 from the Stotts family to Tommy L. Townsend and Elva L. Townsend and this resolution authorizes the City to make them the offer for these two easements. According to the Stotts' attorney, the Stotts retained the right to negotiate and receive the money for this easement and that is why they are named again in this resolution. This permanent easement is approximately 1,552 feet in length and 30 feet in width and contains 1.066 acres and the working easement is 100 feet in width and contains 3.508 acres. Don Harris M.A.I. appraised these easements for the City. His first appraisal valued the permanent and working easement at $14,271, and irrigation repairs at $5,008, for a total offer of $19,279. The Stotts' attorney hired a second appraiser, who valued the easement areas at $32,300. I had our appraiser review the Stotts' appraisal and he felt that their appraiser had over valued the land. Our appraiser also felt that he could have added some money for crop damages as their appraiser had done. After adding $3,027 for crop damages, our appraiser submitted a revised easement offer of $22,306. Ed Bucy, Right -of -Way Agent, then met with the Stotts' attorney to discuss his appraiser's valuation and just what they would take. He held firm with the $32,500 amount, and at one point, he stated that the appraisal should be closer to $40,000, if his appraiser had made some adjustments differently. On February 9, Mr. Bucy received a call from the Stotts' attorney stating that they would accept $25,000 to settle. That is $2,694 more than our appraiser's revised offer, but is certainly less _— than just the expenses to condemn them. Staff left authorization for the City to institute condemnation proceedings to acquire these easements if our offer is refused in this resolution Therefore, the offer to the Townsend family and Stotts family is $25,000. FISCAL IMPACT: A cost of $25,000 from the South Lubbock Storm Water Project account. Right -of -Way Department recommended approval of this resolution. The next items considered were Items 38-48. (37.) Resolution No. 2004-R0094 authorizing the Mayor to execute a Quitclaim Deed in favor of Lewis Garnett and Robert Corcorran for Tract A, Winghaven Estates, a subdivision of Section 34, Block AK, Lubbock County (6002 Upland Avenue). RESOLUTION NO. 2004-R0094 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quitclaim Deed in favor of Lewis Garnett and Robert Corcorran, attached hereto. Said Quitclaim Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 147 Regular City Council Meeting February 19, 2004 Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Richard Casner Richard Casner First Assistant City Attorney A copy of the Quitclaim Deed is filed with Resolution No. 2004-R0094. This item was moved from consent agenda to regular agenda and was considered following Item 35. In 1996, the plat named Winghaven Addition, Lots 1-38 and Tract A was filed for record in the courthouse. This subdivision is located at approximately 60th Street on the west side of Upland Avenue and was in the county when platted, but under the City's Extra Territorial Jurisdiction (ETJ). Now about half of this subdivision is in the City limits. Tract A was dedicated in the plat as a private access, drainage, utility and garbage collection easement rather than a street. This easement area resembles a street, but was not built to City street standards and has lay down curbs instead of the typical curb and gutter construction the City permits. A couple of years ago, Mr. Garnett approached the City about accepting this dedication and the City reviewed it. The City informed Mr. Garnett know what our estimates were for paving reconstruction and that there were some extensive drainage problems that would have to be taken care of. Mr. Garnett let us know that they would take care of the drainage problems themselves instead of getting into all of the requirements the City required. Recently, a title company notified the Engineering Department that a dedication deed of record had been filed dedicating this Tract A, Winghaven Addition to the public as a street and right-of-way. The filing date of this dedication deed was July 17, 2002. According to our engineers, this street was not constructed to our accepted standards and the City did not approve the acceptance of this paving plan nor did the City Council approve the acceptance of this dedication deed. Therefore, this deed quitclaims Tract A, Winghaven Addition to the original dedicators, Lewis Garnett and Robert Corcorran. FISCAL IMPACT: The property will go back on the tax roll and the City will not be responsible for its maintenance or liability. Right -of -Way Department recommended approval of this resolution. Regular City Council Meeting February 19, 2004 Ed Bucy, Right -of -Way Agent, answered questions from Council Member Martin. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2004-R0094 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 49. Items 38-48 were considered following Item 36. (38.) Resolution No. 2004-R0070; Resolution No. 2004-R0071; Resolution No. 2004-110072; RFP #240-03/DC - for Temporary Employment Services (Human Resources). RESOLUTION NO.2004-R0070 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to provide temporary employee services, by and between the City of Lubbock and Labor Ready Central III, LLP 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 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s,' Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Director of Human Resources APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the contract is filed with Resolution No. 2004-R0070. RESOLUTION NO.2004-R0071 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to provide temporary employee services, by and between the City of Lubbock and SOS Staffing Services 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. 149 Regular City Council Meeting February 19, 2004 Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Anthony Jones for Scott Snider Scott Snider Director of Human Resources APPROVED AS TO FORM: /s/ Linda L. Chamales for Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0071. RESOLUTION NO. 2004-R0072 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to provide temporary employee services, by and between the City of Lubbock and Spherion Staffing 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 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider Director of Human Resources APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the contract is filed with Resolution No. 2004-R0072. The City utilizes approximately 25 to 35 technical/clerical temporaries per year. Each technical/clerical temporary works from a few days to several weeks. The majority of temporary assignments range from two to six 150 Regular City Council Meeting February 19, 2004 weeks in duration. The City also utilizes approximately 90 to 150 trades/labor temporaries per year. The majority of temporaries are utilized during the summer months as seasonal workers and work from about the middle of May through the middle of September. Two temporary employment agencies will service this contract for each of the following categories: Clerical Trades I (general laborers) Trades H (skilled workers) Proposals Proposals were received from the following temporary agencies: 1. Snelling Personnel Services 2222 Indiana Ave. Lubbock, Texas 79410 3. Labor Ready Central III, LP 1704 Broadway Lubbock, Texas 79401 5. Express Personnel Services 2701 81St Street Lubbock, Texas 79423 7. Manpower 3223 S. Loop 289, Suite 115 Lubbock, Texas 79414 9. Office Team 1500 Broadway Suite 1124 Lubbock, Texas 79401 Selection Committee Process 2. Kelly Services, Inc. 8200 C Nashville, Suite 204 Lubbock, Texas 79423 4. Spherion Staffing 4505 82°a Street, Suite 9 Lubbock, Texas 79424 6. SOS Staffing 2811 South Loop 289, Ste. 3 Lubbock, Texas 79423 8. Lubbock Temp. Help Services 2124 50`h Street Lubbock, Texas 79412 10. Adecco 6816 Slide Road Suite I IA Lubbock, Texas 79424 Five employees comprised the Committee that evaluated and ranked the temporary employment services proposal. They included: Anthony Jones, Human Resources Staffing Coordinator; Jesse Herrera, Civic Services Operations Foreman; Mary Gonzales, Administrative Assistant in Public Information; Penny Morin, Customer Service Coordinator at Solid Waste; and Benito Ortiz -Park Maintenance Supervisor. A pass/fail was assigned to each proposal for 1) meeting the minimum requirement of providing workers' compensation, 2) including no placement fee for employees hired for full-time and/or part-time positions, 3) ensuring employees were bonded, 4) providing 8-hour turn around, and 5) providing satisfactory billing procedures. Each member of the Committee read the proposals and ranked the agencies on a scale of 1 to 10 with "10" being the best. The following evaluation criteria was used: CLERICAL Hourly Rate (45%) Testing Procedures (Skill Level, Physical Ability, Etc.) (25%) Employee Replacement Assistance (15%) Supply Methods and Emergency Responses (10%) Reference Checks on Vendor (5%) 151 Regular City Council Meeting February 19, 2004 TRADES I AND II Hourly Rate (35%) Testing Procedures (Skill Level, Physical Ability, Etc.) (15%) Employee Replacement Assistance (15%) Drivers License Checks (10%) Provide CDL Drivers and CDL Random Drug Testing Procedures (10%) Supply Methods and Emergency Responses (10%) Reference Checks on Vendor (5%) After the initial ranking process, it was determined that site visits were necessary to further evaluate the top three agencies in each of the three job categories: CLERICAL SOS Staffing Snelling Personnel Spherion TRADES I SOS Staffing Labor Ready Central III Lubbock Temp. Service TRADES II SOS Staffing Labor Ready Central III Lubbock Temp. Service Site Visits (38.50 cumulative points) (33.55 cumulative points) (33.15 cumulative points) (42.30 cumulative points) (41.45 cumulative points) (39.55 cumulative points) (41.95 cumulative points) (41.80 cumulative points) (38.50 cumulative points) Site visits were conducted on the abovementioned vendors. Each of the five Committee members rated the above agencies on a weighted scale of 1 to 10 with "10" being best. The site visit evaluation categories were; ADA Compliance, testing procedures, employee replacement, drivers' license checks, CDL driver/CDL drug testing procedures, supply and emergency responses, and employee background checks. Each of the agencies' site visit cumulative totals was added to the initial evaluation cumulative totals for a final score. The following are the cumulative results of the initial RFP ranking and site visit evaluations, by job category: CLERICAL Vendor RFP Site Visit Total SOS Staffing 38.50 43.40 81.90 Spherion 33.15 40.45 73.60 Snelling Personnel 33.55 38.10 71.65 TRADES I Vendor RFP Site Visit Total SOS Staffing 42.30 42.45 84.75 Labor Ready Central 41.45 39.65 81.10 Lubbock Temp. Service 39.55 40.40 79.95 152 Regular City Council Meeting February 19, 2004 TRADES II Vendor RFP Site Visit Total SOS Staffing 41.95 42.45 84.40 Labor Ready Central 41.80 39.65 81.45 Lubbock Temp. Service 38.50 40.40 78.90 FISCAL IMPACT: The contracts will result in an estimated expenditure of $745,981 from February 26, 2004 through September 30, 2004. The City anticipated appropriating an approximate $1,000,000 for fiscal years 2004/2005 and 2005/2006 for temporary employment services for an estimated three-year allocation of $2,745,981. Clerical Staff recommended contract award to SOS Staffing of Lubbock, Texas and Spherion Staffing of Lubbock, Texas to provide Clerical Temporary Employment Services. The contract is for one year with an option to renew for up to two additional one-year terms. Trades I and Trades II Staff recommended contract award to Labor Ready Central III of Lubbock, Texas and SOS Staffing of Lubbock, Texas to provide Trades I and Trades II Temporary Employment Services. The contract is for one year with an option to renew for up to two additional one-year terms. (39.) Resolution No. 2004-R0073/RFP #221-03/BM - authorizing the Mayor to reject all proposals for the Automobile Parking Concession at Lubbock International Airport (Airport). RESOLUTION NO.2004-R0073 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 on behalf of the City Council, all proposals for the Automobile Parking Concession at Lubbock International Airport, per RFP #221-03/BM. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ John McGinley John McGinley, Interim Airport Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney Office Practice Section 153 Regular City Council Meeting February 19, 2004 In mid -November, the City of Lubbock issued a Request for Proposals (RFP) for the Automobile Parking Concession at Lubbock International Airport. On January 21, 2004, staff received four proposals. On January 27, 2004, the selection committee consisting of Department of Aviation staff, Budget & Research staff and an Airport Board representative met to evaluate the proposals. After reviewing the proposals, the selection committee recommended to reject all proposals and reissue the RFP. Three of the four proposers did not offer to meet the $900,000 Minimum Annual Guarantee (MAG) as stated in the RFP. Additionally, the committee had concerns with the fourth proposer's ability to meet the requirements of the RFP/contract. On February 4, 2004, the Airport Board reviewed and accepted the selection committee's recommendation to reject all proposals. When the RFP is reissued, the MAG will be adjusted to allow proposers some additional flexibility to consider profit and risk while competing for this contract. Additionally, the RFP will be modified to add an alternate section, where offerors will be asked to submit proposals for a management agreement (in addition to the concessionaire agreement) to determine which is more advantageous to the City. FISCAL IMPACT: The current management contract with APCOA will remain in place until a contract is awarded. Staff and Airport Board recommended rejecting all proposals and reissuing the RFP. (40.) Resolution No. 2004-R0074/BID #026-04/RW —for Opticom Emergency Pre-empt Equipment (Traffic Engineering). RESOLUTION NO. 2004-R0074 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 opticom emergency preempt equipment, by and between the City of Lubbock and Houston -Galveston Area Council of Houston, 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 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: 154 Regular City Council Meeting February 19, 2004 /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0074. This bid is for the purchase of 3M Opticom emergency pre-empt equipment for the Traffic Engineering Department. This acquisition is for optical detectors, discriminators, mounting brackets, and optical detector cables. The equipment will be used at five signalized intersections along the east -west freeway, four signalized intersections along Texas Tech Parkway, and two new signalized intersections to allow for pre-emption of the signal of emergency Fire Department, EMS, and Police Department vehicles. 3M equipment and protocols are proprietary. There are approximately 140 intersections in Lubbock with existing 3M pre-emption equipment. Purchase of this equipment is through an inter -local cooperative purchasing agreement between the City of Lubbock and Houston -Galveston Area Council (H-GAC). There are no local suppliers for this emergency equipment. FISCAL IMPACT: A total of $69,042.89 was appropriated with $69,042.89 available in project numbers 90330, 90331 and 9296 for the Quaker and 98`h Street new signal, Indiana and Erskine Street new signal, and Computer System Design. A total of $38,072.39 will be reimbursed by TxDOT. Award contract to Houston -Galveston Area Council of Houston, Texas for $69,042.89. (41.) Resolution No. 2004-R00075 Resolution No. 2004-R0076; Resolution No. 2004-R0077; Resolution No. 2004-R0078; Resolution No. 2004-R0079; Resolution No. 2004-110080; Resolution No. 2004-110081/11I1) #226-03/RS — for Distribution Transformers -Annual Pricing (Electric Distribution). RESOLUTION NO.2004-R0075 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 Distribution Transformers, by and between the City of Lubbock and Central Moloney, Inc. of Pine Bluff, AR, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 155 Regular City Council Meeting February 19, 2004 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0075. RESOLUTION NO.2004-R0076 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 Distribution Transformers, by and between the City of Lubbock and Hughes Supply, Inc. of Lubbock, TX, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knijzht John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0076. RESOLUTION NO.2004-R0077 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 Distribution Transformers, by and between the City of Lubbock and Kuhlman Electric Corporation of Versailles, KY, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR 156 Regular City Council Meeting February 19, 2004 ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0077. RESOLUTION NO. 2004-R0078 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 distribution transformers, by and between the City of Lubbock and Pauwels Transformers, Inc. of Washington, MO, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0078. RESOLUTION NO.2004-R0079 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 distribution transformers, by and between the City of Lubbock and Priester Supply Company, Inc. of Amarillo, 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. 157 Regular City Council Meeting February 19, 2004 Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0079. RESOLUTION NO.2004-R0080 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 distribution transformers, by and between the City of Lubbock and TEC Utility Supply & Service of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0080. 158 Regular City Council Meeting February 19, 2004 RESOLUTION NO.2004-R0081 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 distribution transformers, by and between the City of Lubbock and Techline, Inc. of Amarillo, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC T'ICDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0081. This bid establishes annual pricing for the purchase of pole type and pad mounted distribution transformers used to serve residential, commercial, and industrial customers. These transformers are electrical devices that convert electrical energy from one voltage level down to another (i.e. from 12,700 Volts to 120 Volts). The transformers are of different capacities ranging from lOkVA to 1500kVA and different types and secondary voltages to suit customer requirements. These units will be installed in Lubbock Power and Light's (LP&L) overhead and underground distribution systems to maintain existing electrical service and to serve new and additional customers. The tab sheet lists the bidders for each bid item in order of increasing evaluated life -cycle cost of buying and operating the transformer over a twenty-year period. Transformer losses were translated to dollar values (industry standard consists of adding $5.60 per watt of core loss and $1.70 per watt of winding loss) and added to the bid price to arrive at the evaluated cost. For bids that are within 3% of the lowest life -cycle cost, the bids are considered equal and the bidders are listed in order of unit price. The low bids are from the following companies: Hughes Supply, Inc. (Temple) of Lubbock, TX $234,770.62 Priester Supply Company, Inc. of Amarillo, TX $219,214.71 Kuhlman Electric Corporation of Versailles, KY $ 98,230.00 TEC Utility Supply & Service of Lubbock, TX $ 73,859.00 Central Moloney, Inc. of Pine Bluff, AR $ 57,277.00 159 Regular City Council Meeting February 19, 2004 Techline, Inc. of Amarillo, TX $ 46,494.00 Pauwels Transformers, Inc. of Washington, MO $ 23,060.00 FISCAL IMPACT: A total of $800,000 was appropriated with $800,000 available in project number 90317 (Distribution Transformers 2003-2004) for this purpose. Award contracts to Hughes Supply Inc. (Temple) of Lubbock, Texas for $234,770.62; Priester Supply Company, Inc. of Amarillo, Texas for $219,214.71; Pauwels Transformers, Inc. of Washington, Missouri for $23,060; Central Moloney, Inc. of Pine Bluff, Arkansas for $57,277; Techline, Inc. of Amarillo, Texas for $46,494; TEC Utility Supply & Service of Lubbock, Texas for $73,859; and Kuhlman Electric Corporation of Versailles, Kentucky for $98,230. (42.) Resolution No. 2004-110082/11I1) #232-03/RS — for Roll Off Container Frame Assembly and Truck (Fleet Services). RESOLUTION NO.2004-R0082 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 a roll off container frame assembly and truck, by and between the City of Lubbock and Lubbock Truck Sales 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 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0082. This bid is for the purchase of two roll off container trucks for Landfill Operations and one roll -off container truck for Recycling. The equipment for recycling includes five year extended warranty and on -board scale system options. Existing equipment has been evaluated and has met the replacement criteria established by Fleet Services. Based on maintenance costs of the existing equipment, replacement is more cost effective than repair. Twenty local bidders were notified of this Invitation to Bid. 160 Regular City Council Meeting February 19, 2004 FISCAL IMPACT: A total of $1,363,000 (Solid Waste) was appropriated with $331,000 available in project numbers 90340 (Solid Waste Major Equipment Replacement 03-04) and 90337 (Water Major Equipment Replacement) for this purpose. Award contract to Lubbock Truck Sales of Lubbock, Texas for $326,182. (43.) Resolution No. 2004-R0083BID #233-03/RS — for Tractor Backhoe with Front End Loader (Fleet Services). RESOLUTION NO. 2004-R0083 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB# 233-03/RS for tractor backhoe with front end loader, by and between the City of Lubbock and Scott Tractor & Equipment Company, 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. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0083. This bid is for the purchase of one Case Model 580SM tractor/backhoe with front-end loader for the Cemetery. Existing equipment has been evaluated and has met the replacement criteria established by Fleet Services. Based on maintenance costs of the existing equipment, replacement is more cost effective than repair. Fourteen local bidders were notified of this Invitation to Bid. FISCAL IMPACT: A total of $608,581 was appropriated with $63,800 available in project number 90335 (Fleet Replacement 03-04) for this purpose. Award contract to Scott Tractor and Equipment Company, Inc. of Lubbock, Texas for $60,225. 161 Regular City Council Meeting February 19, 2004 (44.) Resolution No. 2004-R0084; Resolution No. 2004-R0085 / BID #238-03/RS —for Heavy Equipment Trailer and Trailer Mounted Water Tank (Fleet Services). RESOLUTION NO.2004-R0084 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #238-03/RS for heavy equipment trailer and trailer mounted water tank, by and between the City of Lubbock and American Equipment & Trailer, 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. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0084. RESOLUTION NO. 2004-R0085 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #238-03/RS for heavy equipment trailer and trailer mounted water tank, by and between the City of Lubbock and J & B Trailers & Equipment, 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. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 162 Regular City Council Meeting February 19, 2004 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0085. This bid is for the purchase of one Eager Beaver Model 50GSL-3 lowboy utility trailer for Pipeline Maintenance and one Acro 5,000 gallon stainless steel trailer mounted water tank for Landfill Operations. Existing equipment has been evaluated and has met the replacement criteria established by Fleet Services. Based on maintenance costs of the existing equipment, replacement is more cost effective than repair. Twenty-five local bidders were notified of this Invitation to Bid. FISCAL IMPACT: A total of $1,363,000 was appropriated with $82,000 available in project numbers 90340 and 90337 (Solid Waste Major Equipment Replacement 03-04 and Water Major Equipment Replacement) for this purpose. Award contracts to American Equipment & Trailer, Inc. of Lubbock, Texas for $37,543 and J&B Trailers & Equipment, Inc. of Lubbock, Texas for $41,985. (45.) Resolution No. 2004-R0086/BID #239-03/RS —for Skid Steer Loader and Three Wheel Rough Terrain Forklift (Fleet Services). RESOLUTION NO. 2004-R0086 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU 3BOCK 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 a skid steer loader & three wheel rough terrain forklift, by and between the City of Lubbock and Sunbelt Industrial Trucks of Dallas, 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 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 163 Regular City Council Meeting February 19, 2004 APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0086. This bid is for the purchase of one forklift for Solid Waste Residential Collections and one skid steer loader for Solid Waste Recycling. Existing equipment has been evaluated and has met the replacement criteria established by Fleet Services. Based on maintenance costs of the existing equipment, replacement is more cost effective than repair. Twenty-two local bidders were notified of this Invitation to Bid. FISCAL IMPACT: A total of $1,363,000 was appropriated with $54,000 available in project number 90340 and account number 5519.9226 (Solid Waste Major Equipment Replacement 03-04 and Equipment Capital Recycling Collection) for this purpose. Award contract to Yellowhouse Machinery Company of Lubbock, Texas for $18,450 and Sunbelt Industrial Trucks of Dallas, Texas for $32,350. (46.) Resolution No. 2004-R0087BID #245-03/RS —for Liquid Aluminum Sulfate Polymer Blend — Annual Pricing (Water Production and Treatment). RESOLUTION NO.2004-R0087 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 liquid aluminum sulfate polymer blend — annual pricing, by and between the City of Lubbock and Chameleon Industries, Inc. of Mesquite, Texas and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL, MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0087. 164 Regular City Council Meeting February 19, 2004 The purpose of this bid is to establish annual pricing for the purchase of liquid aluminum sulfate -polymer blend and copper sulfate seasonal additive for use in the treatment process for potable drinking water. Aluminum sulfate polymer blend is the primary coagulant at the Water Treatment Plant. The coagulation process in potable water treatment is essential and is required by the Texas Commission on Environmental Quality. The seasonal copper sulfate additive is necessary during warmer weather to prevent algae build-up. Bidders were required to have their product evaluated by a trial run through the City's pilot -scale water treatment plant. Plant operations personnel administered and oversaw each trial run. Bidders were welcome to observe the evaluation of their product, but were not required to do so. Criteria used in the product evaluation included water quality as a primary factor along with cost effectiveness and reference checks. Five local bidders were notified of this Invitation to Bid. After examination of the bids submitted and results of the pilot -scale plant evaluations, it was determined that Chameleon Industries, Inc. best met all water quality parameters used in the evaluation process (settled and final water turbidities). Chameleon Industries' bid of $108 per ton is also the most cost effective and meets all specifications required in the bid. FISCAL IMPACT: A total of $456,024 was appropriated with $300,153 available in account number 6345.8111 (Water Treatment -Chemical Supplies) for this purpose. Award contract to Chameleon Industries of Mesquite, Texas for $77,839.20. (47.) Resolution No. 2004-R0088/BID #255-03/RS — for Municipal Lease - Purchase Financing (Finance). RESOLUTION NO. 2004-R0088 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 municipal lease -purchase financing, by and between the City of Lubbock and Suntrust Leasing Corporation of Towson, Md., 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 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rcbccca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 165 Regular City Council Meeting February 19, 2004 APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0088. This bid is for financing a three-year municipal lease purchase of 44 police cars, police car equipment, police car striping, three '/2 ton pickups, three- 3/4 ton cab and chassis, and one tractor backhoe. This bid is also for financing a five- year municipal lease purchase of a round bale hay baler, and metal building construction. The financed amount for the five-year lease purchase is $106,070. Forty-four local firms were notified of this Invitation to Bid. FISCAL IMPACT: The financed amount for the three-year lease purchase is $1,535,075.02. The low bids for three-year and five-year financing is 1.96% and 2.33% respectively from SunTrust Leasing Corporation of Towson, Maryland with total interest payments of $34,832.46. The annual payment in advance amount is $521,655.31 for three years and $22,202.31 for five years. A total of $608,581 was appropriated and $606,511 is available in project number 90335 (Fleet Replacement FY 2003-2004 General Fund for this purpose. The interest rates provided by SunTrust are very favorable for the three and five year payments. Currently, U. S. Treasuries are paying 2.19% for three-year maturities and 3.12% for five-year maturities. Therefore, the borrowing costs are less than potential investment earnings. Staff recommended approval of this resolution. (48.) Resolution No. 2004-110089/11I1) #257-03/RS — for Land Application Site Shop/Office at Wilson, Texas (Facilities Management). RESOLUTION NO.2004-R0089 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 Land Application Site Shop/Office at Wilson, Texas, by and between the City of Lubbock and Minnix Commercial, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 166 Regular City Council Meeting February 19, 2004 APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 19th day of February, 2004, 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, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #257-03/RS - Land Application Site Shop/Office at Wilson, Texas - $118,748.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Minnix Commercial, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: Vice -President 167 Regular City Council Meeting February 19, 2004 ATTEST: Corporate Secretary /s/ Jo Sisk COMPLETE ADDRESS: Minnix Commercial, Inc. 14302 S. Slide Rd Lubbock, Texas 79424 This project involves the construction of a 2,500 square foot pre-engineered steel shop building for the Land Application Site at Wilson, Texas. The building will be used for equipment repairs and other work activity as designated by the Land Application staff. The building will also have a 225 square foot office located within the shop area. Time for completion of this project is 90 consecutive calendar days and liquidated damages is $250 per day. Thirty local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $120,000 was appropriated with $120,000 available in account number 6415.8704 (Land Application Site Rent/Lease Account) for this purpose. Award contract to Minnix Commercial, Inc. of Lubbock, Texas for $118,748. The next item considered was Item 21. ORDINANCES FOR PASSAGE Second Reading (49.) ORDINANCE NO. 2004-00001: Ordinance amendment of Chapters 6, 12, and 28 of the City of Lubbock's Code of Ordinances with regard to landscaping irrigation systems and operation of irrigation systems, providing penalties, and providing savings clause (second and final reading). This item was considered following Item 37. This item was continued. The Conservation Subcommittee of the Lubbock Water Advisory Commission (LWAC) reviewed and approved these amendments. They were also reviewed and approved by the LWAC. These amendments establish the following: • Runoff water as a nuisance. • Requirements on the design and operation of landscape irrigation systems that prevent over spray onto impervious areas, excessive watering for extended periods, and operation of systems during rainfall and freezing weather. • The installation of a separate irrigation water meter (residential installations are excluded from this requirement). • Restriction of landscape irrigation to set times of the day. FISCAL IMPACT: Reduced water consumption through water conservation efforts could have a negative impact on water revenues. This reduction in revenue will be offset to a minimal degree with a reduction in treatment and electric costs. The Lubbock Water Advisory Commission recommended approval of this 168 Regular City Council Meeting February 19, 2004 ordinance. Motion was made by Council Member Patterson, seconded by Council Member Martin to pass on second and final reading Ordinance No. 2004-00001 as recommended by staff. Council Member Gilbreath asked about the appeals board and the appropriateness of using the Building Board of Appeals as the appeals board, rather than setting up a new board with people who are more in tune with landscape architecture, horticulture, agronomy, etc. He suggested that the ordinance be amended, to not put the responsibility on the Building Board of Appeals, but to create a board to include a licensed irrigator, a member of the Keep Lubbock Beautiful Committee, two citizens, a realtor, a licensed landscape architect and a horticulturalist or agronomist. Council Member Boren stated he felt the City should take care of their water issues. Mayor McDougal suggested that an amendment should be added that no fines would be issued to citizens until the City of Lubbock has its house in order. He also stated that the second reading of this ordinance should be delayed to allow the new City Manager, Lou Fox, to look at it. At this time, Council Members Patterson and Martin withdrew the motion to approve this ordinance. Motion was then made by Council Member Patterson, seconded by Council Member Martin, to continue this item. Motion carried: 7 Yeas, 0 Nays. Council Member Boren stated that during the last quarter of 2003, the City went into a voluntary conservation mode. In response to an email from Council Member Boren, Chester Carthel, Chief Engineer for Water Utilities responded that 10% more water was being used today than before. Council Member Boren requested that as Mr. Fox reviews this, statistics should be checked to see where the City is on the conservation plan in relationship to this ordinance. Council Member Gilbreath also requested that before the ordinance is brought back for second reading, the Water Commission should consider a dedicated board, which he had previously described. City Attorney Anita Burgess asked if the procedures generally adhered to by the Building Board of Appeals should be applied in general terms to this particular board. Council Member Gilbreath stated his statements were only suggestions. The next item considered was Item 19. Items 50-53 were considered following Item 19. PUBLIC HEARING 10:50 A. M. (50.) Resolution No. 2004-R0095 - Hold a public hearing to consider a rate change request by Atmos Energy Corporation and take appropriate action. RESOLUTION NO. 2004-R0095 AND ORDER WHEREAS, a Statement of Intent to increase gas rates within the City of Lubbock was filed by Atmos Energy October 21, 2003; and 169 Regular City Council Meeting February 19, 2004 WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law, heretofore suspended the implementation of such proposed major change in order that such proposed change in rates might be studied and staff comment received; and WHEREAS, such study has been completed and a public hearing has been conducted as required by law; NOW THEREFORE: BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT pursuant to the provisions of the Gas Utility Regulatory Act, Chapter 104, Utilities Code, Resolution No. 2003-RO519 of the City of Lubbock, dated November 17, 2003, which suspended operation of the proposed rate increase of Atmos Energy, as filed October 21, 2003, is hereby withdrawn; and THAT by this action Atmos Company shall be entitled to place into effect such rate tariffs as are attached hereto as Exhibit A at such time after final passage of this Resolution and Order as shall be deemed appropriate by Atmos Energy; and THAT selected revised schedules are attached hereto as Exhibit B and made a part hereof for all purposes. Passed by the City Council of the City of Lubbock this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Acting City Manager APPROVED AS TO CONTENT: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of Exhibits A and B is filed with Resolution No. 2004-R0095. Mayor McDougal opened the public hearing at 10:50 a. in. No one appeared on behalf of Atmos Energy Corporation. No one appeared in opposition. Mayor McDougal closed the hearing at 10:50 a. m. A citizen, Cliff Karr, appeared to speak on this issue. Mayor McDougal reopened the public hearing at 10:51 a. in. Mr. Karr appeared in opposition. Mayor McDougal closed the hearing at 10:53 a. in. Atmos Energy Corporation filed a Statement of Intent to increase gas rates within the City of Lubbock on October 21, 2003. The City Council, sitting as a regulatory body, suspended the implementation of the rate increase on November 17, 2003, in order to study the proposed change and to receive staff comment. On that date, the council set the date for public hearing on the requested rate increase for February 12, 2003 at 11:00 a. in. On February 5, 2003, the City Council changed the date of the public hearing from February 121h to February 19`h at 10:00 a. in. 170 Regular City Council Meeting February 19, 2004 The City Council is mandated by law to conduct a public hearing on the rate increase proposed by Atmos Energy Corporation. The proposed change is a "major change" as defined by Section 104.101 of the Texas Utility Code as increasing the aggregate revenues of the utility by more than the greater of $100,000 or two and one-half percent. Upon conclusion of the public hearing, and after due consideration of any public and staff comments, the council will need to enter a Resolution and Order, upon terms the council deems appropriate. FISCAL IMPACT: None. Staff recommended holding the public hearing and entering an appropriate Resolution and Order. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2004-R0095 and Order as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (51.) Ordinance No. 2004-00024 granting a franchise to Atmos Energy Corporation to conduct a gas utility business and to occupy the public streets and right-of-way. OR INANCE NO. 2004-00024 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION WITH ITS PRINCIPAL OFFICE IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS) THE FRANCHISE AND RIGHTS TO CONDUCT IN SUCH CITY THE BUSINESS OF ACQUIRING, MAINTAINING, CONSTRUCTING, LAYING, REPAIRING, REMOVING, REPLACING, INSTALLING, OPERATING, AND DISPOSING OF A GAS SYSTEM FOR THE SALE, TRANSPORTATION, AND DISTRIBUTION OF NATURAL GAS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY AND TO THE RESIDENTS AND BUSINESSES LOCATED THEREIN FOR LIGHT, HEAT, POWER, AND ANY OTHER PURPOSES AND THE RIGHT TO USE THE PRESENT AND FUTURE STREETS, ROADS, HIGHWAYS, ALLEYS, PUBLIC WAYS, AND REAL PROPERTY IN SUCH CITY AND OWNED OR CONTROLLED BY SUCH CITY FOR SUCH PURPOSES; PRESCRIBING THE TERMS AND CONDITIONS TO WHICH SUCH FRANCHISE AND RIGHTS ARE SUBJECT; AND PRESCRIBING THE TERM OF SUCH FRANCHISE AND RIGHTS. Atmos Energy Corporation's fifteen -year franchise ordinance with the City of Lubbock expired on May 12, 2003. This ordinance allowed Atmos to use the City's right-of-ways for purposes of operating a gas utility company. Atmos was paying a franchise fee of 3% of its total yearly gross receipts from its sale of natural gas within the City of Lubbock. Since the expiration of the franchise ordinance, Atmos has been paying a franchise fee each month based upon the terms of the old ordinance. The new franchise ordinance is again for fifteen years, and includes a 5% franchise fee. Other important aspects of the new franchise ordinance are the following: The definition of gross receipts clarifies the intent of the parties that the franchise will not include revenues for transport of gas wheeled for another entity for sale to customers outside the City of Lubbock. The ordinance outlines the rights, duties and obligations associated with using the City's right-of-way, to include provisions requiring Atmos to notify the City prior to installing new facilities in the streets. 171 Regular City Council Meeting February 19, 2004 Under the ordinance, Atmos is required to extend its gas facilities up to 75 feet to service a customer. Atmos may extend its facilities at a distance greater than 75 feet in the event of an agreement between Atmos and the customer. The ordinance provides for an interest provision on all past due franchise payments. Atmos is required to provide a policy of insurance or proof of ability to self -insure. FISCAL IMPACT: Staff estimated $1,000,000 in increased revenue per year. Staff recommended approval of this ordinance. Council Member Boren stated he wanted the citizens to realize this fee was not paid by the company, but collected by the company from the citizens. Vicki Key, Civic Center Services Director, answered questions asked by Council Member Martin. Council Member Martin explained franchise fees. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on first reading Ordinance No. 2004-00024 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PUBLIC ZONING HEARINGS 11:06 A. M. Zoning (52.) Ordinance No. 2004-00025/ZONE CASE NO. 1794-H (3410 981h Street): Hold a public hearing to consider request of Lubbock Commercial Buildings (for Above and Beyond Pet Care Hospital) for a zoning change from C-2 to C-2 Specific Use for a veterinary clinic on a portion of Tract R, Raintree Addition. ORDINANCE NO. 2004-00025 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1794-H; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE FOR A VETERINARY CLINIC ON A PORTION OF TRACT R, RAINTREE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:06 a. in. No one appeared on behalf of Lubbock Commercial Buildings. No one appeared in opposition. Mayor McDougal closed the hearing at 11:07 a. in. Neither the doctor leasing the space nor the building owner were aware that a vet clinic requires a Specific Use permit in the C-2 District. The construction permit was issued for a finish out within an existing shell building. The error was caught during a request for a sign permit from the Planning Department. The series of events leading to the error do not happen very often, and the staff has offered an apology to both the doctor and the building owner. 172 Regular City Council Meeting February 19, 2004 Since 1975, when vet clinics were placed in the Zoning Code within the Specific Use Section to ensure verification of noise and operational related requirements, the staff is not aware of one ever being a problem. Adjacent land uses: North — residential South — commercial East — commercial West — commercial _ The proposal is consistent with the Comprehensive Land Use Plan and zoning policy. As noted, staff has received no complaints about vet clinics in strip shopping centers. The proposal will have no effect on the thoroughfare system. 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 Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00025 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (53.) Ordinance No. 2004-00026/ZONE CASE NO. 2998 (South of 98th St. and east of University Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for McQueen Company Realtors) for a zoning change from R-1 and T to C-3 and IHC of 27.1 acres of unplatted land out of Section 10, Block E. ORDINANCE NO.2004-00026 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2998; A ZONING CHANGE FROM R-1 and T TO C-3 AND IHC ZONING ON 27.1 ACRES OF UNPLATTED LAND OUT OF SECTION 10, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:06 a. m. No one appeared on behalf of Hugo Reed and Associates, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 11:07 a. m. The request would accommodate a half -mile of commercial development south of 98`h Street and on the east side of University. The east boundary of the proposed C-3 tract is the City limit. Adjacent Land Uses: North th — 98 Street and a church South — mixed uses East — vacant farm property West — commercial and vacant The ten -acre parcel at 98`h Street and University proposed for C-3 meets policy for both the Comprehensive Land Use Plan and zoning. The strip south of the ten -acre tract on the corner is not consistent with the current Comprehensive Land Use Plan. As strip commercial, the motion by the 173 Regular City Council Meeting February 19, 2004 Planning Commission contained language related to a minor amendment of the Comprehensive Plan. Background on commercial policy and the Comprehensive Plan: During several recent zone cases, the topic of allowing commercial away from the areas normally designated for retail development (at the corner of two major intersections — 98th Street and University in this case) has been discussed at length. What the staff attempts to defend is how and why the policies of the Comprehensive Land Use Plan exist. Then, with the Plan policies as a basis, the decision making process by the Planning Commission and City Council for each zone case is affected by the existing or proposed conditions in the area. A major objective during the development of any Comprehensive Plan is creation of a method to divide land in areas being developed into an equitable share of the various land uses (residential, commercial or industrial) from an overall perspective. The ten acres of commercial at each major intersection does just that, and getting away from that plan should only be based on circumstances that merit the decision. The support that staff offered in this request was based on two primary circumstances: The first is market based. As the City of Lubbock moved south and west, after the adoption of the current zoning ordinance in 1975, the community was hesitant to zone any portions of the growth area as C-4. C-4 as heavy commercial contains many uses considered detrimental to residential and even to some retail. All of the heavy automotive uses (brakes, transmission, body work, glass), bars and office warehousing are contained in C-4. As a result, large portions of the south and west commercial areas in Lubbock have not provided sites for these heavier uses. Exceptions include the Fiesta Autoland area south of the Loop and east of Slide (which was C-4 prior to the current ordinance) and the vicinity of Frankford both north and south of Spur 327, where a concentration of automotive related uses is located. Several years ago, a strip commercial zone case for C-4 with a number of strikes (of permitted uses) was proposed on the east side of Slide Road between 98th and 110 Streets. Since a portion of that area had developed as commercial while outside the City, the trend was made official by the C-4 zone case. The staff considers that somewhat of a bracket of C-4 on the west end, or at least the middle, of the rapid development between 82nd Street and 114th Street. Zoning this strip as IHC (which is comparable to the C-4 case on Slide) will provide an east bracket of land that can provide the heavier uses to the public. The second rationale is a physical constraint caused by the location of a playa on the west side of University Avenue, south of 98th Street. Much of the property across University Avenue from the proposed IHC will be either not developable, because of the lake or not residential, because of the lack of depth that can be recovered through a cut and fill. This condition on the west side extends nearly the full half -mile across from the parcel. This same physical condition exists on the Slide Road strip south of 82nd Street and was part of the discussion in that zone case. Planning staff support is based primarily on the fact that the property across University Avenue will be undeveloped or will be requested as commercial if a cut and fill is possible. As noted, the lack of heavy commercial zoning in southwest Lubbock has also been a growing issue for the last ten years. The staff hopes that the two strips will satisfy the need on the east and middle portions of the rapid growth area. 174 Regular City Council Meeting February 19, 2004 Several zone cases in the last year have pressed the issue regarding strip zoning. From the public perspective, efficiency of the thoroughfare system (the node policy concentrates commercial at major intersections versus miles of strip centers clashing with traffic with too many curb cuts) and providing equity between adjacent landowners is the basis for current Comprehensive Land Use Plan policy. In Lubbock, market forces or demand have not been at the forefront of zoning discussions. The forty acres per intersection seems to have provided more than enough commercial development area. The increased requests for strip commercial will necessitate reinforcement of the fact that there is not enough commercial demand to support strip commercial on all of the developing thoroughfares. Finding a formula that balances the public interest, market interests and equity between adjacent property owners will become critical. Reduction of side traffic onto thoroughfares is one of the primary principles involved in the node commercial policy. With commercial at the corners and residential in between mile corners, the efficiency of thoroughfare streets is increased because of a reduced number of conflict points. Based on this concept, the Planning Commission agrees with a condition related to curb cut management on both of the tracts requesting zoning. With a common developer, access easements can provide access across the front of individual lots to common curb returns, reducing the total number. The Planning Commission recommended approval of a minor amendment to the Comprehensive Land Use Plan and of the request with the following condition: Prior to development of any parcel, the Planning Commission shall review and approve a curb cut access or management plan: For the Interstate Commercial parcel the review shall be prior to construction permits on a minimum of either the north half or the south half of the tract. For the C-3 parcel the review shall be prior to issuance of any permit on the entire tract. FISCAL IMPACT: Not Applicable. Staff supported recommendation of the Planning Commission. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00026 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 55-57. (54.) Ordinance No. 2004-R0030/ZONE CASE NO. 2305-H (301 Utica Avenue): Hold a public hearing to consider request of Tara Land Company (for State National Bank) for a zoning from AM Specific Use limited to professional offices to AM Specific Use for a bank building on Lots 1, 2, 3 and a portion of Lots 4 and 6A, Whisperwood Office Park. ORDINANCE NO. 2004-00030 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2305-H; A ZONING CHANGE FROM AM SPECIFIC 175 Regular City Council Meeting February 19, 2004 USE TO AM SPECIFIC USE FOR A BANK BUILDING ON LOTS 1, 2, 3 AND A PORTION OF LOTS 4 AND 6A, WHISPERWOOD OFFICE PARK, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 57. Mayor McDougal opened the public hearing at 11:08 a. m. Mark Griffin appeared on behalf of Tara Land Company. Jo White, 4806 Whisperwood Boulevard and Ellen Hein, 4804 Whisperwood Boulevard appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. m. The request will allow an area zoned for professional offices to be developed as a bank site. Adjacent land uses: North — zoned for offices South — 4th Street, and residential south of 4th Street East — an existing office building West — Whisperwood Boulevard with residential to the west. The request is consistent with the Comprehensive Land Use Plan, which illustrates this area as commercial. In the 1980 zone case, a condition required that the parcel be developed with access from Whisperwood Boulevard and no access from 4th Street. It required a screening fence be installed on the 4th Street and part of the Whisperwood Boulevard property lines. The lack of access and exposure to 4th Street has hampered the development of the property since that initial zone case. This zone change would replace the current zoning limited to offices and allow a bank to be built according to the proposed site plan. The screening fence on 4th Street (that is in disrepair) would be removed. The primary interest of the Planning Department in the site plan is the limitation of one curb return on 4`h Street from the bank parcel. The curb cut on Whisperwood will remain. It serves the proposed bank parcel as well as the balance of the area to the north. Otherwise, the site plan is adequate. Several residents were at the meeting to express concern for increased traffic. They made no indication if the neighborhood is aware of the current zoning that would allow the entire area to be developed as offices. With the bank, at least a portion of the traffic to and from the site will be able to directly access 4th Street. The Planning Department is of the opinion that very little increased traffic should affect the areas to the north. There will be an increase in traffic at the current curb cut on Whisperwood Boulevard caused by whatever develops in the office park. The neighbors at the hearing did more clearly understand the proposal but did not indicate if their opposition would be withdrawn. The site plan may undergo minor change for the building location but access to adjacent streets will remain limited to the current curb cut on Whisperwood Boulevard and one on 4th Street. The bank is requesting a 1/200 parking ratio that is satisfied by the parking illustrated on the site plan for both the initial and future phase of construction. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. 176 Regular City Council Meeting February 19, 2004 Council Member Morrison stated he would like the Traffic Department to answer questions regarding the traffic -count in the area and the problem with the light there. Randy Henson, Senior Planner, gave staff comments. Council Member Martin asked that staff study and look at traffic at the intersection. Motion was made by Council Member Martin, seconded by Council _ Member Boren to pass on first reading Ordinance No. 2004-00030 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Hernandez voted Nay. Council Member Gilbreath recused himself. The next items considered were Items 58-62. Items 55-57 were considered following Item 53. (55.) Ordinance No. 2004-00027/ZONE CASE NO. 2999 (1301, 1303, 1305, 1307, 1309, 1311, 1313 and 1315 82"d Street): Hold a public hearing to consider request of Douglas General Construction, Inc. for a zoning change from R-1 to IHC for offices and/or retail on Lots 1-8, Block 3, Rhoades Heights Addition. O;R.DINANCE NO.2004-00027 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2999; A ZONING CHANGE FROM R-1 TO IHC ZONING ON LOTS 1-8, BLOCK 3, RHOADES HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:06 a. in. No one appeared on behalf of Douglas General Construction. No one appeared in opposition. Mayor McDougal closed the hearing at 11:07 a. m. The request will accommodate commercial development on 82"d Street between Avenue L and Avenue N. Adjacent land uses: North — 82"d Street and duplex units South — residential, out side the city limits East — residential West — commercial, zoned Interstate Commercial Staff has long had a concern about the future land use of the lots facing 82"d Street, east of Avenue P to the Tahoka Highway. Until the recent upgrade of the street to a seven -lane road, no requests for zone changes had been submitted. To avoid strip commercial along the north side of this four -block area, the City of Lubbock zoned the lots for duplex construction after the lots were acquired for expansion of 82"d Street. This case has a condition that the lots would have only one drive cut for each two duplex lots. The ability to aggregate all the lots on the south side will probably not occur, because of the large number of owners and there is little incentive for a single developer to acquire all of the property. In addition to the multi -ownership, approximately twenty feet of the south portion of all the lots is not within the City of Lubbock. Annexation in this area included a 177 Regular City Council Meeting February 19, 2004 150-foot dimension south from the section line (the center line of 82nd Street). Staff suspected that commercial requests would be made at some point, and the block to the west was zoned IHC several years ago based on the proximity to Avenue P (a designated thoroughfare south of 82nd Street). Although the block to the west on only one lot deep, it is within the 660- foot commercial policy area established by the Comprehensive Land Use Plan. Mr. Douglas contacted the owners on this block prior to filing a common zone case. With the block under one zone case, a condition can be attached to address the number of curb cuts, which is a greater concern than the use of the property. The Planning Commission recommended approval of a minor change to the Comprehensive Land Use Plan and the request with the following condition: Prior to development of any parcel on the block, the Planning Commission shall review and approve a curb cut access or management plan for an appropriate amount of the block face. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00027 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (56.) Ordinance No. 2004-00028/ZONE CASE NO. 2939-B (South of 8`h Street and west of Inler Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Craft Development Corporation) for a zoning change from T to C-2 and GO on 2.5 acres of unplatted land out of Section 3, Block D-6. ORDINANCE NO. 2004-00028 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2939-B; A ZONING CHANGE FROM T TO C-2 AND GO ZONING ON 2.5 ACRES OF UNPLATTED LAND OUT OF SECTION 3, BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:06 a. in. No one appeared on behalf of Hugo Reed and Associates, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 11:07 a. m. The request is an adjustment for zoning in the area of 8`h Street and Inler Avenue within the Reese Estates proposed subdivision. The change is a response to a minor redesign of the plat. The location of the railroad and Inler Avenue would make the use of the property as residential difficult, or at least undesirable. 178 Regular City Council Meeting February 19, 2004 Adjacent land uses: North — vacant South — vacant East — mixed uses West — vacant The request is reasonably consistent with the policies of the Comprehensive Land Use Plan and zoning policies. As noted, the convergence of the railroad toward Infer Avenue creates several awkward parcels, and a non-residential use is a practical proposal. The proposal should have no adverse affect on the thoroughfare system. 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 Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00028 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (57.) Ordinance No. 2004-00029/ZONE CASE NO.3001 (7112 82"d Street): Hold a public hearing to consider request of Greenstreet, Inc. (for Dick Sisson) for a zoning change from T to C-3 on 0.744 acres of unplatted land out of Section 30, Block AK. ORDINANCE NO. 2004-00029 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3001; A ZONING CHANGE FROM T TO C-3 ZONING ON 0.744 ACRES OF UNPLATTED LAND OUT OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:06 a. m. No one appeared on behalf of Greenstreet, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 11:07 a. in. The request is just inside the west City limits on 82"d Street. Adjacent land use: North — commercial South — commercial East — commercial West — commercial The parcel is designated as commercial on the Comprehensive Land Use Plan and meets zoning policy. Most of the existing construction in the area is legal nonconforming, having been in place before the annexation in 1999. The proposal should have little adverse impact on the thoroughfare system. The Planning Commission recommended approval of this ordinance. FISCAL IMPACT: Not Applicable. 179 Regular City Council Meeting February 19, 2004 Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00029 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 54. Items 58-62 were considered following Item 54. ADMINISTRATIVE SERVICES (58.) Resolution No. 2004-R0096 authorizing the Mayor to sign an agreement with the Lubbock Arts Alliance to administer the art grant program. RESOLUTION NO. 2004-R0096 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the Lubbock Arts Alliance, Inc., to administer the Cultural Grants Program, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Catherine Prose Catherine Prose, Buddy Holly Center Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2004-R0096. For the past 21 years, the Lubbock City Council has partnered with the Lubbock Arts Alliance, Inc., whereby the Arts Alliance manages a grant program designed to encourage and promote all forms of art in the Lubbock community. Funding for the grant program is allocated from 5.71429% of the total hotel/motel tax collected during the previous fiscal year. The 2004/2005 agreement provides for a total of $157,120, which is 5.71429% of the total hotel/motel tax collected during the fiscal year ended September 30, 2003. The agreement provides that a Joint Review Committee, represented by the Lubbock Arts Alliance, Inc., and appointments by the Lubbock City Council, evaluate applications from community arts organizations for the art grants. The Grants Review Committee then makes recommendations to the City Council for awarding of the grant funds. Upon approval by the Lubbock City Council, the Lubbock Arts Alliance, Inc., using funds received from the City, then allocates funds for the approved programs. The Lubbock Arts Alliance is responsible for monitoring and administering all aspects of the grant program. Regular City Council Meeting February 19, 2004 FISCAL IMPACT: Not Applicable. Lubbock Arts Alliance, Inc., recommended approval of this resolution. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2004-R0096 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Community Services (58A.) Ordinance No. 2004-00031 amending Ordinance No. 2003-0122 to change the designation of $175,000 from the 2004 Buddy Holly Festival to a 2004 Fall Music Festival first reading). ORDINANCE NO. 2004-00031 AN ORDINANCE AMENDING ORDINANCE NO. 2003-00122 WHICH MADE CHANGES IN THE FY 2003-04 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. In November 2003, the City Council passed Ordinance No. 2003-00122 that allocated $175,000 to assist with the 2004 Buddy Holly Festival. The Entertainment Lubbock Task Force recommended that the funds be used for a fall music festival that will celebrate popular music from the past sixty plus years. While the Buddy Holly legacy will be celebrated at the annual Buddy Holly Symposium, a separate festival will be held to promote and celebrate other music influences and genres. FISCAL IMPACT: None. Staff recommended approval of the first reading of this Ordinance. Council Member Morrison stated he needed reassurance that this was good use of this money. Mayor McDougal stated that Entertainment Lubbock Task Force was essentially asked that the designation of funds be changed from specifically for a Buddy Holly Festival to a Fall Music Festival, which would most likely be called the "Lubbock Texas Music Festival". Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00031 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. (58B.) Resolution No. 2004-R0097 authorizing the Entertainment Lubbock Task Force to provide oversight and recommendations on the utilization of funds designated for a fall music festival. RESOLUTION NO. 2004-R0097 WHEREAS, the City Council of the City of Lubbock, by Resolution No. 2003-R0143, created the Entertainment Lubbock Task Force; and WHEREAS, the primary objective for the Entertainment Lubbock Task Force is to develop recommendations for the City Council with regard to the development, organization, coordination and funding of events that would take advantage of the various talent and venues associated with the City of Lubbock's entertainment industry; and 181 Regular City Council Meeting February 19, 2004 WHEREAS, the Entertainment Lubbock Task Force recommended that $175,000 of Hotel/Motel tax funds be designated for a fall music festival and that an oversight committee be assigned to coordinate the festival events and make recommendations as to how the funds would best be spent; and WHEREAS, the City of Lubbock, by Ordinance No. 2003-0122, has designated $175,000 as funding to assist with the 2004 festival; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. THAT the Entertainment Lubbock Task Force shall provide oversight and recommendations on how the designated funds should be utilized for a fall music festival; and 2. THAT a proposed budget for the 2004 fall music festival shall be presented for City Council approval prior to April 1, 2004; and 3. THAT the Entertainment Lubbock Task Force shall be responsible for oversight and recommendations for future music festivals. Passed by the City Council this 19th day of February, 2004. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Acting City Manager /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney At the October 9, 2003 Work Session, the Entertainment Lubbock Task Force recommended that funds be designated from the Hotel Motel Tax to assist with a fall music festival. The Task Force further recommended that the City Council designate an oversight committee that would coordinate the festival events and make recommendations as to how the funds would be spent. The Task Force also offered to take on the responsibility of the oversight committee. City Council has designated the amount of $175,000 for a fall music festival under separate action. This resolution officially designates the Entertainment Lubbock Task Force as the oversight committee for a fall music festival. Their responsibilities will include providing oversight and recommendations on how the designated funds shall be utilized for the 2004 music festival and any future fall music festivals and presenting a budget to the City Council for the 2004 music festival prior to April 1, 2004. FISCAL IMPACT: None. Staff recommended approval of this resolution. 182 Regular City Council Meeting February 19, 2004 Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2004-R0097 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. Facilities Management (59.) Resolution No. 2004-R0098 authorizing the Mayor to execute a Deed without Warranty with Lubbock Regional Mental Health and Mental Retardation Center, an agency of the State of Texas, with regard to -- the property located at 1602 Avenue O (corner of 161h Street and Avenue O). RESOLUTION NO.2004-R0098 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Deed Without Warranty by and between the City of Lubbock and the Lubbock Regional Mental Health and Mental Retardation Center, an agency of the State of Texas. Said Deed Without Warranty is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Harlan Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ AM L. Sims Amy L. Sims, Assistant City Attorney A copy of the Deed Without Warranty is filed with Resolution No. 2004-R0098. This action is being taken to deed the land located at 16th Street and Avenue O, a/k/a Lonnie Gary House, owned by the City of Lubbock, to Lubbock Regional Mental Health and Mental Retardation Center. The 's Council previously directed to either lease this property at fair market value or to transfer ownership. The property at 16th Street and Avenue O was originally vacant but leased to MHMR (LESSEE) on December 8, 1988. The lease states "LESSEE is or is to become the owner of a residential structure in consideration for the removal thereof by LESSEE from a location owned by the residential structure's present owner. LESSEE has requested of LESSOR the right and permission to relocate said residential structure upon vacant land owned by LESSOR". The lease indicates the residential structure is the personal property of the LESSEE, and shall not be considered attached to the real estate, and shall remain the property of the LESSEE unless and until said residential structure becomes the property of the LESSOR under the following conditions. "If the residential structure is not removed by LESSEE as LESSEE'S personal property from the leased premises within six months after the date of termination of the lease, such residential structure shall become the 183 Regular City Council Meeting February 19, 2004 property of the LESSOR without any further action by the parties hereto, or any further instrument in writing being required." The Deed Without Warranty conveys the Property by Grantor () to the Grantee (Lubbock Regional Mental Health and Mental Retardation Center) as long as the Grantee utilizes the Property solely in a manner that promotes a public purpose of the Grantor. For the purpose hereof, "public purpose" of the Grantor shall mean: Lubbock Regional Mental Health and Mental Retardation Center provides public health and human services, to include but not limited to, mental health, mental retardation, substance abuse, and HIV services. If the Property ceases to be so used, all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in Grantor. Property located at 1602 Avenue O, Lubbock, Texas 79427. Legal description is Lot 1 — 7 (inclusive) and the North One -Half of Lot 8, all in Block 191 of the Original Town of Lubbock, Lubbock County, Texas. FISCAL IMPACT: The 1988 lease of this property was for a five-year term for an annual rental of $4,242.50. Annual rental during the initial five year term was to be satisfied by the payment by LESSEE of the maintenance costs of the landscaping and grounds and payment by LESSEE of the costs of construction of an asphalt parking lot, landscaping, fencing, concrete sidewalk and arches and curbing and concrete approach. The total value of maintenance and improvements paid by LESSEE satisfied annual rentals for the five years. "After expiration of the first five (5) years of the lease, the annual rental under this lease shall be at the rate of $2,444.20. Against this annual rate there is hereby allowed a credit to LESSEE the greater of the sum of $1,500 per year for LESSEE's maintenance of the landscaping and grounds or the actual maintenance, improvements, or repair costs done to the grounds, landscaping or building resulting in an amount of net annual rental payable in cash or credit as defined above by LESSEE to LESSOR each year after expiration of the five year term of the difference between the annual rental rate of $2,444.20 and the credit as defined above payable on or before December 8, 1993 and annually on each 8th day of December of each year subsequent to December 8, 1993 during the life of this lease". The execution of the lease has generated no cash payments so this action will result in no dollar impact to Facilities Management Revenues. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2004-R0098 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. FINANCE Budget and Research (60.) Ordinance No. 2004-00032 amending the FY 03-04 Budget by adding $10,900,000 to various water and sewer projects first reading). ORDINANCE NO. Mu"t-00032 AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. 184 Regular City Council Meeting February 19, 2004 Marsha Sharp Freeway The Marsha Sharp Freeway budget was established in 1995. Since that time many changes have been made to the project that have both impacted and, at times, challenged the ability to proceed within the time frame set forth by the Texas Department of Transportation (TxDOT) and within approved budgetary limits. Some of the changes include designing storm sewer retaining walls and sound walls; changes in locations of structure that in return require that more utilities be moved than originally planned; some of the original plans are now being moved into City streets because there is no room left in the right of way; and the phases have changed. The most significant impact in terms of financing the project has been the situations where TxDOT has moved the project forward. The pressing issue now is Phase 2. Phase 2 now includes all utilities from Salem to Avenue L. This was once considered about two phases of work. Additional funding is required, and the need for the funding has been accelerated. According to TxDOT, Phase 2 must be completed by September 2004 or TxDOT will lose their federal funding. Pump Station #10 Well Supply The Pump Station #10 Well Supply Project involves the drilling of 10 wells with a treatment system to provide approximately 5 million per day (mgd) of potable water to PS 10 (82nd and Memphis). This project is in response to the 2004 allocation reduction by the CRMWA and anticipated further reductions in allocation for 2005. The Lubbock Water Advisory Commission has endorsed this project. Project Budgets Work is scheduled to begin on these projects March 2004. Funding will come from the Water and Sewer Working Capital Reserve, as applicable. Water Marsha Sharp Freeway Utility Relocation 3,800,000 PS#10 Well Supply Project 5,500,000 Sewer Marsha Sharp Freeway Utility Relocation 1,600.000 Total $10,900,000 FISCAL IMPACT: Funding will initially come from the Water and Sewer Working Capital Reserve, as applicable. However, the intent is to have bond funds reimburse these reserves when bond proceeds are sold and received in FY 04-05. The utility ratepayer will pay the bonds back over the next 20 years. These expenses are now included in the respective rate models. The impact of these projects on the rates will be included in the rate study currently being conducted by an outside consultant. Staff recommended approval of this ordinance. -- Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on first reading Ordinance No. 2004-00032 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (61.) Resolution No. 2004-R0099 directing the City Manager to establish the Gateway Street Projects Fund for the Fiscal Year 2004 — 2005 City budget. 185 Regular City Council Meeting February 19, 2004 RESOLUTION NO. 2004-R0099 WHEREAS, it is the intent of the City Council of the City of Lubbock to establish the "GATEWAY STREET PROJECTS FUND" to provide a source of construction funding for street projects designed to spur development, growth, and redevelopment in Lubbock; and WHEREAS, the City of Lubbock collects franchise fees and line -access fees from public utilities using and renting the public rights -of -way within the city; and WHEREAS, the City Council desires to use a portion of said franchise fees and access line fees to fund the "GATEWAY STREET PROJECTS FUND" beginning with the FY 2004-2005 city budget, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:THAT the City Manager of the City of Lubbock is hereby instructed to establish the "GATEWAY STREET PROJECTS FUND" in the FY 2004-2005 city budget; and 1. THAT beginning with the FY 2004-2005 budget, the revenue of forty per cent (40%) of franchise fees or access line fees collected for each public utility that pays said fees shall be deposited into the "GATEWAY STREET PROJECTS FUND"; and 2. THAT it is the intent of this City Council to appropriate said funds in the FY 2004-2005 budget for construction of street projects compatible with the purposes expressed in this resolution. Passed by the City Council this 19th day of February, 2004. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Acting City Manager /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney Office Practice The Gateway Street Projects Fund is intended to provide a source of construction funding for street projects designed to spur development, growth and redevelopment in Lubbock. This fund would consist of forty percent of the franchise fees and line access fees collected from public utilities using and renting the public right-of-ways within the City. FISCAL IMPACT: An allocation of 40% would equate to $3.68M based on a FY 04/05 Franchise Fee and Access Line revenue estimate of $9.2M. The remaining Franchise and Access Line Fee revenue of $5.52M would be recorded in the General Fund. This compares to actual General Fund revenue of $6.77M in FY 02/03. This item was requested by the City Council. Council Member Martin stated his proposal in the resolution accomplished two purposes. First of all, it is direction for the City Manager in the preparation of the fiscal year budget that will start October 1. It sets policy, which is what the Council is for. It's a policy setting group to direct the City Manager in the preparation of the budget next year. Regular City Council Meeting February 19, 2004 Number two, the purpose of this is to take care of a lot of street infrastructure, which the City has not been able to do for many years. Council Member Boren asked if it's more than $3.68M, will it still go to the Gateway Project? Mayor McDougal stated it would. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2004-R0099 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. PLANNING AND TRANSPORTATION Citibus Liaison (62.) Resolution No. 2004-RO100 authorizing the Mayor to establish a Public Transportation Strategic Planning Task Force. RESOLUTION NO. 2004-RO100 WHEREAS, the City Council of the City of Lubbock desires to establish a Public Transportation Strategic Planning Task Force for the City of Lubbock to work with the existing Transit Advisory Board; and WHEREAS, the Public Transportation Strategic Planning Task Force shall be composed of citizensof the City of Lubbock and City employees; and WHEREAS, the purpose of the task force shall be to look as transportation issues such as long term goals, funding, strategic planning and solutions for transporting disabled individuals; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a Public Transporation Strategic Planning Task Force is hereby created by the City Council of the City of Lubbock, which shall perform its duties in accordance with the following criteria: 1. The Task Force shall consist of seven members that shall be citizens of the City of Lubbock and shall be appointed by the City Council upon recommendation of the City Manager. The City Council shall designate the Chairperson from the appointed members of the Task Force. Two or more city employees shall be appointed by the City Manager to act as staff liaisons to the Task Force. 2. The primary objective of the Task Force shall be to look at public transportation in relation to strategic planning, long-term goals, funding, and transportation of disabled individuals, and then to make recommendations to the City Council. 3. Regular meetings will be held at times and locations established by a majority of the Task Force members. 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 Task Force. 4. The Public Transportation Strategic Planning Task Force members shall serve for a term of one year or until such time as their successors are appointed. 5. Reports shall be presented by the Chairperson of the Task Force to the City Council as requested by the City Council. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR 187 Regular City Council Meeting February 19, 2004 ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White _ Quincy White, Acting City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/ Office Practice Section The purpose of the Public Transportation Strategic Planning Task Force shall be to review transportation issues such as long-term goals, funding, strategic planning, and solutions for transporting disabled individuals. The Public Transportation Strategic Planning Task Force will work with the existing Transit Advisory Board. FISCAL IMPACT: Not Applicable. This item was requested by the City Council. Mayor McDougal stated that after Council Member Gilbreath met with Cindy Finley and other members of South Plains Transportation Alliance, Council discussed what could be done with the Citibus services. This task force will strive to find solutions in the transportation area. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass Resolution No. 2004-ROIOO as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. The next item considered was Item 67. (63.) Moved to Item 58A. (64.) Moved to Item 5813. Items 65-66 were considered following Item 76. PUBLIC WORKS (65.) Resolution No. 2004-R0102 authorizing the Mayor to enter into a contract with Rick Giardina & Associates, Inc, for the purpose of conducting a Water and Sewer Rates Structure and Model Study. RESOLUTION NO. 2004-R0102 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 Consulting Agreement for water and sewer financial planning and rate analysis between the City of Lubbock and Rick Giardina & Associates, Inc., a Colorado corporation, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Regular City Council Meeting February 19, 2004 Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sherry Stohens Sherry Stephens Acting Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0102. Prior to 1991, the City of Lubbock had a rate structure known as a descending block rate. Under this rate structure, users were charged less per thousand gallons, the more water they used. In the late 1980s, the City applied for a State Revolving Fund loan for the renovation and rehabilitation of the Southeast Water Reclamation Plant. Two of the conditions of receiving this funding were to conduct a rate study and to implement a conservation -oriented rate structure. In 1991, the City hired a consultant to conduct the study. As a result of that study, the current rate structure, the uniform rate, was implemented. Many changes have occurred during the last ten years that necessitate the need for another rate study. For one, there have been changes in expenditures, two large debt issuances in water, southwest growth, and development affecting both water and sewer, and implementing stream discharge as a method of effluent disposal affecting sewer. Most recently, and ultimately the most costly, is the need to secure a 100-year water supply. The Lubbock Water Advisory Commission was asked to assist in securing a 100-year water supply. In order to do this, Water Texas emphasized the importance of implementing a rate structure that will generate sufficient revenue for current and future expenditures while effectively promoting wise use of water. As recommended by Water Texas and supported by the Lubbock Water Advisory Commission, staff negotiated a contract with Rick Giardina & Associates, Inc., to conduct a water and sewer rate structure and model study. Components of this study include developing a 10-year financial plan, conducting a cost of service study, evaluating alternate conservation rate structure, and conducting a public involvement process. FISCAL IMPACT: If a new rate structure is implemented, both revenues and expenditures are ultimately affected. The extent to which either is affected will not be fully realized until after Summer 2005, when projections are evaluated to NZ Regular City Council Meeting February 19, 2004 determine if they are in line with actual performance under the new rate structure. The cost under this contract is $129,000. The funding will be added to the Water Administration operating budget from Rate Stabilization during the revised budget process. Staff recommended approval of this item. Mayor McDougal stated this was about getting a recommendation from the Lubbock Water Advisory Commission on who to get to do the study. He asked if they had looked at it. City Attorney Anita Burgess stated they had. She was present at the meeting where they had the presentation. The Commission has discussed the need for a rate study and recommended this company for the study. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2004-RO102 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. (66.) Resolution No. 2004-RO103 establishing the Lubbock Water and Sewer Rates Review Committee. RESOLUTION NO. 2004-RO103 WHEREAS, the City Council of the City of Lubbock desires to establish the Lubbock Water and Sewer Rate Review Committee to provide input and advice reganaitlg the development and implementation of water and sewer rate and fee structures and other various water and wastewater related issues; WHEREAS, the Lubbock Water and Sewer Rate Review Committee shall be appointed and serve as set forth below; WHEREAS, the mission of the Lubbock Water and Sewer Rate Review Committee is to advise the City Council, and to assist in the development and implementation of water and sewer rate and fee structures and other various water and wastewater related issues; WHEREAS, the creation of the Lubbock Water and Sewer Rate Review Committee to advise and assist the City Council of the City of Lubbock as described below is important to ensure that future revenue requirements may be met while encouraging the efficient and effective use of water; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the Lubbock Water and Sewer Rate Review Committee is hereby created by the City Council of the City of Lubbock. The primary objective of the Lubbock Water and Sewer Rate Review Committee is to assist the City of Lubbock with the development and implementation of water and sewer rate and fee structures and other various water and wastewater related issues. In particular, the Committee will be asked to: a. Acquaint itself with the City's water and sewer system and its customer base, costs incurred to provide service and past rate design practices; b. Identify and evaluate water and sewer pricing objectives; C. Consider rate design alternatives based on the selected pricing objectives; 190 Regular City Council Meeting February 19, 2004 d. Review and evaluate rate design alternatives; e. Recommend water and sewer rates and fees, based on pricing objectives, customer impacts and community values; f. Other water and sewer rate and fee structure related matters and other water or wastewater matters, as designated by the City Council of the City of Lubbock. 2. THAT the Committee shall consist of. five (5) voting members, who shall _ be citizens of the City of Lubbock and be comprised of the following groups, entities and/or industries: the Lubbock Water Advisory Commission; Market Lubbock, Inc.; Texas Tech University; Lubbock Independent School District; Lubbock commercial customers; Lubbock Multi -family customers; Lubbock restaurants; or Lubbock residential customers. Further, two (2) non -voting members, who shall be comprised of one (1) member representing the City Council of the City of Lubbock and one (1) member representing the Water Utilities Department of the City of Lubbock should be appointed. The City Council of the City of Lubbock shall designate the Chairperson from the appointed voting members of the Committee. 3. THAT regular meetings will be held approximately every four (4) weeks, or at such other intervals as deemed necessary by the Committee, until a final report regarding the matters set forth herein have been issued by Rick Giardina and Associates, Inc., and recommendations are presented to the Lubbock City Council. 4. THAT a simple majority will constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Committee. All meetings and procedures shall be consistent with the policies of the City of Lubbock concerning advisory commissions, committees, and boards. 5. THAT all Committee members shall serve at the pleasure of, and may be removed by, the City Council of the City of Lubbock. Passed by the City Council this 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s Anita Burgess Anita Burgess, Acting Assistant City Manager APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, First Assistant City Attorney Lubbock will be conducting a Water and Sewer Rate Structure and Model Study. In order to effectively receive input from ratepayers for consideration in developing and implementing a rate structure, staff recommended that the Lubbock City Council establish a Water and Sewer Rate Review Committee. The mission of this committee is to become knowledgeable about the City's water and sewer system in terms of customer base, costs incurred to provide service and past rate design practices. The committee will identify and evaluate water and sewer pricing objectives, and based on selected 191 Regular City Council Meeting February 19, 2004 pricing objectives, consider rate design alternatives. It will review and evaluate these alternatives and, while considering customer impacts and community values, recommended water and sewer rate structures to the Lubbock City Council. Meetings will be held approximately every four weeks until a final report regarding the matters set before them have been issued by Rick Giardina and Associates, Inc. The meetings may last up to three hours each and will be interactive in nature and will be facilitated by the consultant. This committee shall consist of five voting members and two non -voting members, appointed by the Lubbock City Council to represent the City's major customer classes. Based on our current customer base, top 100 users, long-term water supply goals, and political climate, the rate consultant recommended the voting members appointments from the following groups, entities, or industries: Lubbock Water Advisory Commission, Market Lubbock, Inc., Texas Tech University, Lubbock Independent School District, Lubbock commercial customers, Lubbock multi -family customers, Lubbock restaurants, or Lubbock residential customers. Additionally, staff recommended the appointment of non- voting members as follows: Lubbock City Council and City of Lubbock Water Utilities Department. FISCAL IMPACT: Except for staff time, there is no expected fiscal impact. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0103 as recommended by staff. Motion carved: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. The next items considered were Items 68-74. MISCELLANEOUS Business Development (67.) Resolution No. 2004-11O101 authorizing the Mayor to execute an assignment of the Wilkerson Commercial Tax Abatement Contract to G. Barney Adams. RESOLUTION NO. 2nn4-Rn101 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 Assignment to transfer and assign to G. Barney Adams that certain tax abatement Agreement dated November 26, 2002, between the City of Lubbock and Wilkerson Investment Company. Said Assignment 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 19th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 192 Regular City Council Meeting February 19, 2004 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/ Office Practice Section This item was considered following Item 62. The City of Lubbock received a request from Wilkerson Investments to assign the tax abatement dated November 26, 2002 to a new owner. The commercial abatement was for the new freight terminal facility for Watkins Motor Lines in the Lubbock 2000 South Enterprise Zone. Wilkerson Investments has sold the building to G. Barney Adams and in order for the tax abatement to remain in place on the facility, and Watkins Motor Lines to receive the benefit; it will need to be assigned to the new owner. There will be no changes in the requirements in the contract. The only change will be in the ownership of the building. FISCAL IMPACT: None. The Market Lubbock, Inc. Board of Directors reviewed the request at their January 14, 2004 meeting and recommended that the assignment be approved. Staff concurred with the recommendation. Motion was made by Council Member Morrison, seconded by Council _ Member Patterson to pass Resolution No. 2004-RO101 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. At this time, Council Member Boren stated: "I want to lecture you all. Because I — I want you guys to be — I have never done this, but I think it is a cheap chicken -shot way of doing business, when you call a question on discussion. I know it's a tool you can use to end a debate. And I realize we don't want to be down here all day. But I want to encourage you to hesitate before you get too quick on discussion, whether you agree or disagree, to pull that maneuver. Let's give a chance for everybody to say what they want to say, get it out there and then vote. So, you know, I haven't called the question on anybody and I just want to put that on the table for consideration for you all to think about and in the days ahead as we debate and argue, let's don't be so quick to do that, call the question crap kind of stuff." Motion was made by Council Member Martin to recess to Executive Session. 11:53 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present, except Hernandez. 1:27 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present, except Council Member Hernandez. 193 Regular City Council Meeting February 19, 2004 The first item considered was Item 75, followed by Items 76, 65 and 66. Items 68-74 were considered following Item 66. Communications/Lel4islation, (68.) Resolution No. 2004-RO104 adopting the Legislative Priorities for the 109th United States Congressional Session. RESOLUTION NO. 2004-RO104 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby adopts legislative priorities for the 1081h United States Congress for the purpose of defining the position of the City of Lubbock. Said legislative priorities 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 19th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Bob Goodwin Bob Goodwin Corporate Communications Manager APPROVED AS TO FORM: /s/ John Gioodwin John Knight Assistant City Attorney Federal Legislative priorities for the 109th Congress are attached. Once approved, these Federal Legislative Priorities will be sent to Senator John Cornyn, Senator Kay Bailey Hutchison, and Congressman Randy Neugebauer for their review and consideration. A separate spiral booklet contains the material for Council's consideration. Mayor McDougal, Meyers & Associates, and City staff have reviewed this material and approved it for City Council's consideration. The Federal Legislative Priorities provide an overview of the 's areas of federal interest and provides the City's City Council Omnibus Legislative Policy, Federal Legislative Policy, Contact Information, Appropriation Requests, Monitoring Requests, and Policy Positions. Once approved, copies will be sent to our elected officials as well as Meyers & Associates as a reference during the I09`h Congressional Session. FISCAL IMPACT: Not Applicable. 194 Regular City Council Meeting February 19, 2004 Staff recommended approval of this resolution. Bob Goodwin, Corporate Communications Manager, gave staff comments. Mayor McDougal asked Mr. Goodwin to make sure Meyers knows about the Gateway Project in case there are dollars out there in legislation. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass Resolution No. 2004-R0104 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. Other (69.) Consider one appointment to the Lubbock Housing Finance Corporation Board of Directors. The Lubbock Housing Finance Corporation (LHFC) is a legal entity, which accomplishes public purposes on behalf of the City of Lubbock, pursuant to the Texas Housing Finance Corporation Act. Terms on this Board are six years. Don Graham has served one term in the At -Large position. This Board vacancy did not go before the Appointments Advisory Board Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Debra Lopez to the Lubbock Housing Finance Corporation Board of Directors. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. Board Appointments (70.) Consider one appointment to the Community Development & Services Board. Motion was made by Council Member Morrison, seconded by Council Member Martin to reappoint Karen Worley to the Lubbock Housing Finance Corporation Board of Directors. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. (71.) Consider five appointments to the Zoning Board of Adjustment. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Jay House, Larry Lowe, Maggie Trejo, Darrell Hill and Mike Moss to the Zoning Board of Adjustment. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. (72.) Consider seven appointments to the Public Transportation Strategic Planning Task Force. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Brian Baker, Rich Baker, Cindy Finley, Jay Jacobus, Carolyn Thompson Conwright, John Wilson and Steve Warren to the Public Transportation Strategic Planning Task Force. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. 195 Regular City Council Meeting February 19, 2004 (73.) Consider nine voting and two non -voting appointments to the Lubbock Water and Sewer Rates Review Committee. This item was deleted. (74.) Consider appointments to the newly created Electric Utility Board. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint W. R. Collier as Chair, John Owens, Chris Snead, Craig Wells, Marciano Morales, Lloyd Rinehart, Connie Wharton, Randy Andrews and John Zwiacher to the Electric Utility Board. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. 2:15 P. M. COUNCIL ADJOURNED Items 75-76 were considered following Item 67. (75.) Presentation by the Lubbock Chamber of Commerce regarding the amount of funding received from the Hotel Occupancy Tax for the purpose of funding the Visitor Information Center Administration. This item was the first item considered when Council convened in Work Session at 1:27 P. M. Kevin McMahon, a Partner with the Chamber of Commerce, gave a brief introduction of the presentation to be given by Eddie McBride, President of Lubbock Chamber of Commerce. Mr. McBride then gave a presentation on the "Visitor Information Center Administration, Request for Proposal", which was provided in council backup Mayor McDougal asked that this be brought back as an action item on the March 4, 2004 agenda. (76.) Discuss the False Alarm Ordinance. Claude Jones, Chief of Police gave a presentation on the False Alarm Ordinance. Chief Jones stated that since the Ordinance dated in the latter part of 2001, false alarms had been decreased by 8,420 (33.5%). This ordinance has been very successful. It has allowed officers to break free to do other police activities. In soft dollars, this is approximately two officers' salary, which doesn't include the time spent for 911 call takers, etc. to dispatch calls. Mayor McDougal asked that Chief Jones come back each year with an update. He stated that even though he voted for this ordinance, he was opposed to it in the beginning. However, once the numbers started to drop, he couldn't see how anyone could argue with what was happening, especially with officers' safety. 2:05 P. M. CITY COUNCIL REGULAR MEETING RECONVENED Committee Room 103 All council members were present, except Council Member Hernandez. The next items considered were Items 65-66. 2:15 P. M. COUNCIL ADJOURNED lul Regular City Council Meeting February 19, 2004 There being no further business to come before Council, Council Member Patterson made a motion to adjourn the meeting. Read and approved this // Z day of �2005. i /MARC MCDOUGAL, MAYOR ATTEST: becca Garza, City Secr a 197