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Home My WebLink AboutMinutes - City Council - Regular - 3/4/2004REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 4th day of March, 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, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Victor Hernandez, Council Member Frank W. Morrison Absent: Council Members Tom Martin and T. J. Patterson CITIZEN COMMENTS The following citizens expressed comments to the Council concerning Item 39 on today's agenda. • Neil Dickinson, Owner, Emergency Vehicle Equipment Company, Arlington, Texas • John Wright, President of John Wright Associates, Inc., Arlington, Texas • David Hanks, District Manager, Federal Signal Corporation, Dallas, Texas. • Van Ligon, Big Country Supply, Abilene, Texas • Tom Heubel, District Sales Manager, Code 3, Public Safety Equipment, Inc., Plano, Texas 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; regarding economic development negotiations; the purchase, exchange, lease or value of real property; personnel; competitive matters of the public power utility; and to review certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:47 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present, except Council Members Martin and Patterson (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 (Administrative Services; Electric Utilities; Information Technology; North Overton; Parks; Water Utilities). (IA.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087, to deliberate regarding economic development negotiations (Texas Tech). (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; Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager) and take appropriate action. Regular City Council Meeting March 4, 2004 (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: Entertainment Lubbock Task Force Lubbock Water and Sewer Rate Review Committee Zoning Board of Adjustment ( 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 regarding retail energy sales/contracts by the City of Lubbock; to discuss, vote and take final action regarding the operation, funding, and financing options for the City's electric utility, Lubbock Power and Light; to deliberate, vote and take final action on electric rates of Lubbock Power and Light; and to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light. (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). CITY COUNCIL WORK SESSION WAS CANCELLED. (7.) Discuss recommendation by the Civic Lubbock, Inc. Board regarding the amendment to the Agreement between the City of Lubbock and Civic Lubbock, Inc. concerning the solicitation of naming -rights sponsorship for the Municipal Auditorium/Coliseum. This item was moved from consent agenda to regular agenda and was discussed with Item 25. (8.) Presentation regarding prioritization of park improvements and potential funding sources. This item was deleted. (9.) Discuss the adoption of a policy for allowing no exceptions to the rules and guidelines affecting the City's health insurance plan in accordance with all State and Federal Regulations. Ted Parker, Chairman of ICON Benefits Administrators; Quincy White, Assistant City Manager; and Scott Snider, Director of Human Resources (10 minutes). This item was deleted. 10:22 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Frank W. Morrison; Lou Fox, City Manager; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney Absent: Council Members Hernandez, Martin and Patterson Mayor McDougal called the meeting to order at 10:22 A. M. 200 Regular City Council Meeting March 4, 2004 Council Member Boren made the following personal point of privilege: "On January 22, 2004, City Council passed a resolution for a Day of Prayer and Fasting for Rain and we designated Sunday, January 25th as that day. I just received a report from John Robison at KCBD, the weatherman, that as of last Friday, Lubbock is two inches, year-to-date, above average than previous years. So, I think the Good Lord has been gracious to us and answered our prayer. And we have more months to go in this year, and we want to keep praying that way. But I think when we've seen a prayer answered, we need to speak to it." (10.) Invocation by Pastor Robert Storrs, Senior Pastor of Trinity Baptist Church. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION Electric Utility Board Receiving: Randy Andrews (unable to attend) W.R. Collier (unable to attend) Marciano Morales John Owens (unable to attend) Lloyd Rinehart (unable to attend) Chris Snead Craig Wells Connie Wharton (unable to attend) John Zwiacher Housing Finance Corporation Board of Directors Receiving: Debora Lopez Zoning Board of Adjustment Receiving: Jay House (unable to attend) Larry Lowe Maggie Trejo Darrell Hill Mike Moss Public Transportation Strategic Planning Task Force Receiving: Brian Baker Rich Baker Cindy Finley Jay Jacobus (unable to attend) Carolyn Thompson-Conwright John Wilson Steve Warren CITIZEN APPEARANCES (12.) Presentation of a Special Recognition to the Up and Coming Scholars Program. This item was deleted. (13.) Employee Recognition of Marty Martinez in Business and Neighborhood Development for being named as President of the Code Enforcement Association of Texas. Marty Martinez has been with the City of Lubbock since 1978, and has served as a Code Enforcement Officer for 25 years. Earlier this year, Mr. Martinez was sworn in as the President of the Code Enforcement Association of Texas at the Association's 19th Annual Business and Educational Conference held in Dallas. He is also the Co -Chairperson for the Code Enforcement Advisory Committee for the Texas Department of Health. 201 Regular City Council Meeting March 4, 2004 This item was requested by Quincy White, Acting City Manager. City Manager Lou Fox made the presentation to Mr. Martinez. The first item to be considered was Item 25. CONSENT AGENDA (Items 14, 15, 17-24, 28-30, and 33-38) Items 14, 15, 17-24, 28-30, and 33-38 were considered following Item 25. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to approve Items 14, 15, 17-24, 28-30, and 33-38 on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (14.) Approval of Minutes: February 19, 2004 Regular City Council Meeting (15.) ORDINANCE NO. 2004-00024: Ordinance granting a franchise to Atmos Energy Corporation to conduct a gas utility business and to occupy the public street and right-of-way (second and final reading). ORDINANCE 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. The next items considered were Items 17-24. (16.) ORDINANCE NO.2004-00031: Ordinance amending Ordinance No. 2003-00122 to change the designation of $175,000 from the 2004 Buddy Holly Festival to a 2004 Fall Music Festival (second and final 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. This item was considered following Item 38. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2004-00031 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Council Member Hernandez voted Nay. The next item considered was Item 26. Items 17-24 were considered following Item 15. (17.) ORDINANCE NO. 2004-00032: Ordinance amending the FY 03-04 Budget by adding $10,900,000 to various water and sewer projects (second and final reading). 202 Regular City Council Meeting March 4, 2004 ORDINANCE NO. 2004-00032 AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. (18.) ORDINANCE NO. 2004-00025 - Zone Case No. 1794-H Addition (3410 981h Street): 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 (second and final reading). 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. 1794-11; 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. (19.) ORDINANCE NO. 2004-00026 - Zone Case No. 2998 (South of 98ch Street and east of University Avenue): 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 (second and final reading). 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. (20.) ORDINANCE NO. 2004-00027 - Zone Case No. 2999 (1301, 1303, 1305, 1307, 1309, 1311, 1313 and 1315 82"d Street): 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 (second and final reading). ORDINANCE 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. (21.) ORDINANCE NO. 2004-00028 - Zone Case No. 2939-B (South of Bch Street and west of Infer Avenue): 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 (second and final reading). 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. (22.) ORDINANCE NO. 2004-00029 - Zone Case No. 3001 (7112 82"d Street): 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 (second and final reading). 203 Regular City Council Meeting March 4, 2004 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. (23.) ORDINANCE NO. 2004-00023 - (Avenue M at 3d Street): Ordinance calling for the closing of a Burlington Northern and Santa Fe Railway Company railroad crossing on Avenue M (at 3rd Street), DOT No. 014933U (second and final reading). ORDINANCE NO. 2004-00023 AN ORDINANCE CALLING FOR THE CLOSING OF THE RAILROAD CROSSING LOCATED IN AVENUE M AT 3' STREET (DOT NO. 014933U), RAILROAD MILEPOST 673.X IN THE CITY OF LUBBOCK, TEXAS. 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 N. Avenue Q, and the 3rd Street crossing east of Avenue M. There was a preliminary agreement with BNSF to rebuild the Ave. P, Cornell Street and 3rd Street crossings, in exchange for the closure of the Avenue M crossing and $75,000 in City participation. In a neighborhood meeting with Councilman Hernandez on January 6, 2004, 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 st Street 3rd Street east of Avenue M After the neighborhood meeting, the staff contacted BNSF and requested that the 3rd Street crossing reconstruction be replaced with rebuilding the 1st Street crossing. The staff also requested that the railroad consider rebuilding the Avenue K crossing. BNSF agreed to exchange the 1st Street crossing for the 3rd Street crossing, and include 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 $423,619 204 Regular City Council Meeting March 4, 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 that 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. During discussion by the City Council during the February 19, 2004 meeting on the first reading of this ordinance, and the agenda item for the agreement with the railroad to close the Avenue M crossing, the Council directed staff to strip -pave 3`d Street. The Council instructed staff to use the back base -paving alternative offered at an estimated cost of $38,000. FISCAL IMPACT: The $75,000 for the City 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 $38,000 for the 3rd Street strip paving, as directed by the Council at their February 19`h meeting, will come from the Street Capital Projects Fund. Staff recommended approval of the second reading of this ordinance closing and abandoning the Avenue M railroad crossing. Staff will also work with the Budget Department in preparing a Budget Change Request transferring funds within existing capital projects of the Street Capital Project Fund for the $38,000 needed for the black base strip paving of 3`d Street from Avenue M to Avenue P. (24.) Ordinance No. 2004-00033 abandoning and closing a 20-foot underground utility easement located in Section 19, Block E-2, Lubbock County, Texas (10001 Indiana Avenue) (first reading). ORDINANCE NO. 2004-00033 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 19, BLOCK E-2, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes an east -west 20-foot underground utility easement, which is located on the east side of Indiana Avenue, approximately 775 feet south of 98th Street. This easement was dedicated by a separate dedication deed. This property is being replatted for development purposes. All utility companies are in agreement with this easement closure. 205 Regular City Council Meeting March 4, 2004 FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. The next items considered were Items 28-30. (25.) Resolution No. 2004-R authorizing the Mayor to sign an amendment to the License Agreement between the City of Lubbock and Civic Lubbock, Inc. regarding the solicitation of naming rights sponsorship for the Municipal Auditorium/Coliseum. This item was moved from consent agenda to regular agenda and was the first item considered. This item failed. This amendment will authorize Civic Lubbock, Inc. to pursue naming -rights sponsorships on behalf of the City of Lubbock for the Municipal Auditorium/Coliseum. Once again, the South Plains Professional Hockey Club has expressed interest in pursuing naming rights. Civic Lubbock, Inc. will work with the Hockey Club to possibly secure a naming -rights sponsor for the facility. The amendment also provides that Civic Lubbock, Inc. will give the City 30 days' notice of a proposed sponsorship and the City will have the option to refuse the proposal, prior to Civic Lubbock, Inc. entering into a written agreement with any sponsor. If there is no objection by the City, Civic Lubbock, Inc. will proceed and will be authorized to hold the revenues from the naming -rights sponsorship in a reserve account, less any and all costs associated with implementing the naming -rights sponsorship, such as conversion of facility signage, brochures, etc. and commissions. Any other expenditure from the reserve account will require prior City Council approval. FISCAL IMPACT: Additional revenues could be generated, which could benefit the Auditorium/Coliseum and the City. The Civic Lubbock, Inc. Board and City Staff recommended approval. Murray Hensley, President, Civic Lubbock, Inc. gave comments. Council Member Hernandez arrived. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass Resolution No. 2004-R as recommended by staff. Motion failed: 3 Yeas, 1 Nay. Council Member Hernandez voted Nay. Council Member Boren recused himself. Mayor McDougal asked that this be placed on the March 23, 2004 agenda when a full council will be present. The next items considered were Items 14, 15,17-24, 28-30, and 33-38. Items 26-27 were moved from consent agenda to regular agenda and were considered following Item 16. (26.) Resolution No. 2004-R0125 authorizing the City to accept and implement a $10,000 grant from the CH Foundation to promote the mission of Keep Lubbock Beautiful (KLB) in educating and beautifying the City of Lubbock. 10 Regular City Council Meeting March 4, 2004 RESOLUTION NO.2004-RO125 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to accept and implement on behalf of the City of Lubbock, a $10,000 grant from the CH Foundation, for the Keep Lubbock Beautiful matching grant program for beautification, education, and clean ups. Said Grant application 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 4th day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Grant application is filed with Resolution No. 2004-R0125. Keep Lubbock Beautiful (KLB) applied for a grant to promote the mission of KLB in educating and beautifying the City. The CH foundation granted KLB $10,000 toward this goal. KLB finalized and approved the program guidelines in February 2004. Guidelines were provided in the backup documentation. The funds will be used to encourage groups and organizations to participate in a matching grant program to keep Lubbock beautiful by cleaning up areas in need, plants, or other visual improvements, or educate citizens in different areas such as litter, recycling, and illegal dumping. They will also be used to encourage participation in the citywide cleanups held by the City. Organizations can apply for their project to KLB for the matching funds. There are no matching requirements for the CH grant. The grant does not specify a cutoff date for the funds, and may carry over for more than one year. FISCAL IMPACT: As stated, this grant has no matching requirement and no additional staff will be needed to implement the program. There will be no fiscal impact to the general fund. Once the grant funds have been used, if no other funds have been raised for the program, the program will be discontinued. Community Development and the Keep Lubbock Beautiful advisory board recommended approval of this resolution. Nancy Haney, Community Development Director, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO125 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 207 Regular City Council Meeting March 4, 2004 (27•) Resolution No. 2004-RO126 delegating authority to the Parks and Recreation Director to sign and submit, on behalf of the City of Lubbock, the annual Antiquities Permit Application to the Texas Historical Commission for archaeological testing to be conducted on City owned land and right-of-way. RESOLUTION NO.2004-RO126 WHEREAS, the City of Lubbock is required to obtain certain permits from the State of Texas regarding antiquities and archeologial activities; and WHEREAS, the City of Lubbock from time to time is required to execute applications for such permits; and WHEREAS, the City Council of the City of Lubbock desires to appoint the Director of Parks and Recreation of the City of Lubbock, to act in the capacity set forth below, regarding said permit applications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; THAT the Director of Parks and Recreation, is hereby appointed by the City Council of the City of Lubbock to execute and submit for the City of Lubbock any and all applications for antiquities/archeology permits and/or applications to amend or renew same, and any and all other related documents to be submitted to the Texas Historical Commission, or any related governmental agency or department. Passed by the City Council this 4th day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, First Assistant City Attorney On January 10, 2002, the City of Lubbock entered into a five-year agreement with Texas Tech University for archaeological research services for the City of Lubbock. The Texas Tech University Museum would therefore provide archaeological services for City -owned land and right-of-way, and in particular the Canyon Lakes and Parks System. The Texas Historical Commission requires that a Texas Antiquities Permit be obtained for work to be performed on a potential or designated landmark or other public land. On March 19, 2002, the Texas Tech University Museum, acting as the investigation firm, was issued this permit. The permit is valid for two years and was issued with the understanding that the permit would serve as an umbrella for all projects —' within the City of Lubbock. The permit is expiring and will require that the City reapply for the application. The application will not require any changes. Therefore, staff requests that the authority to sign under the Owner's Certification section of the Antiquities Permit Application be given to the Parks and Recreation Director. Regular City Council Meeting March 4, 2004 FISCAL IMPACT: None. Staff recommended approval of this resolution. Corbin Pemberton, Community Projects Manager, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO126 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 31. Items 28-30 were considered following Item 24. (28.) Resolution No. 2004-RO109 authorizing the City Council to approve the recommendation of the Park and Recreation Board regarding FY 2003 — 2004 use of in -kind services by City of Lubbock Departments for Special Event support. RESOLUTION NO. 2004-RO109 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY 2003-2004 use of in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 4th day of March, 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: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2004-RO109. At the January 9, 1997 City Council Meeting, City Council approved Ordinance No. 9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Park and Recreation Board were expanded to include review of requests for in -kind services for special community events. The Special Events Policy was developed in order to track special events support and monitor the increase of requests received from nonprofit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount, 90% ($180,000) is earmarked for existing events, while the remaining 10% ($20,000) is targeted for new events. In 2003, the Park and Recreation Board had several discussions regarding changes to the In -Kind Service Policy. Last fall, former Interim City Manager, Tommy Gonzalez directed staff to forward the Board's August 209 Regular City Council Meeting March 4, 2004 2003 recommendation to decentralize the in -kind process to the Ordinance Review Committee. Parks staff will be reviewing the In -Kind Service Policy with the Ordinance Review Committee later in the spring. During the submission process in 2003 for in -kind services for FY 2003-04 events, thirteen applications were received. Of these, six need to be reviewed and approved by City Council, so that these agencies can continue in their planning process. The other seven events no longer require the Board and Council's approval, because they only requested traffic control from the Police Department. City Council has directed staff that traffic control should not be considered in -kind, but a part of the Police Department's service to the community. The Park and Recreation Board used existing criteria to review and rate the applications. On January 27, 2004, the Park and Recreation Board approved for recommendation to the City Council the aggregate scoring percentages and funding for the Special Event Applications for in -kind services as follows: In -Kind Walk Junetee 0' on Buddy Fiesta Cowboy Topics Ameri nth Broadw Holly s Sympos ca ay Symposiu del ium m Llano Police $0 $800 $22,400 $640 $16,70 $0 Securitv 0 Parks $695 $250 $6,645 $2,360 $350 $250 Solid $250 $250 $2,000 $250 $1,500 $250 Waste Streets $0 $200 1 $6,100 1 $100 $450 $200 Total $945 $1,500 $37,145 $3,350 $19,00 $700 Requeste 0 d Percent 92% 89% 96% 77% 85% 96% Recomme nded Recomme $869 $1,335 $35,659 $2,580 $16,15 $672 nded 0 Amounts *Dollar amounts from City departments are estimates only. FISCAL IMPACT: The total dollar amount of FY 2003-04 In -Kind Services recommended is $57,265. These amounts will be absorbed within the existing departmental budgets. Should the services exceed the recommended amount, the event organizations will be responsible for making up the difference. To date, no organizations have had to make up the difference. If approved, this will leave $142,735 for any additional requests submitted this fiscal year, including $20,000 for new events. Staff recommended approval of this resolution. (29.) Resolution No. 2004-RO110 to reimburse bond -funded capital expenditures for water system improvements, with proceeds of future debt not to exceed $18,000,000. RESOLUTION NO. 2004-RO110 A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Lubbock, Texas (the "City") plans to issue tax exempt obligations to finance the costs of improvements and extensions to the City's Waterworks System (collectively, the "Projects"); and 210 Regular City Council Meeting March 4, 2004 WHEREAS, prior to the issuance of such obligations, the City will make expenditures for the Projects from existing funds on hand, and it is the intent of the City to reimburse such funds with the proceeds of sale of such obligations; and WHEREAS, under Treas. Reg. ' 1.150-2 (the "Regulation"), an official intent to reimburse expenditure with the proceeds of tax exempt obligations must be made within 60 days of the date of the original expenditure; and WHEREAS, the City desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT the City reasonably expects to reimburse capital expenditures with respect to the Projects paid with funds on hand from the proceeds of sale of tax exempt obligations hereafter to be issued, and this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of tax exempt obligations expected to be issued for the Projects is $18,000,000. PASSED AND ADOPTED this March 4, 2004. CITY OF LUBBOCK, TEXAS /s/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Interim Chief Financial Officer The following two capital projects for the City's water system were presented for approval in a revised budget ordinance at today's meeting. Subject to Council approval, bonds will be issued for these capital projects during the 2004-05 fiscal year. These projects are expected to have expenditures prior to the issuance of debt: Water Lines Ahead of Sharp Freeway Phase 2 $3,400,000 Development of PS #10 Water Supply $5,500,000 Three other projects are expected to be funded by the 2004-05 bond issuance, and will be presented for approval during the regular revised budget process. No expenditures are expected prior to that bond issuance for these projects: Southwest Distribution Improvements $7 100 000 Water Lines Ahead of Sharp Freeway Phase 3 $1 100 000 Increase Sandhills Well field Capacity, Phase 1 $ 560,000 City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be sold and delivered within the 2004-2005 fiscal year. For authorized construction projects, there may be design and engineering costs incurred prior to delivery of the bond proceeds, in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs, which are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. The amount of the reimbursement resolution is more than the expected cost of the projects. 211 Regular City Council Meeting March 4, 2004 The dollar amount of reimbursable expenses has been expanded to cover the costs of issuance and to provide some cushion, in case any project costs escalate prior to bond issuance. This resolution does not authorize the expenditure of funds on these projects, but only allows approved expenditures to be reimbursed from bond funds. FISCAL IMPACT: In order that projects may be completed within prescribed timeframes, this resolution allows reimbursement of authorized costs incurred in advance of the bond issuance. Staff recommended that no more than $18,000,000 be reimbursed. — Staff recommended approval of this resolution. (30.) Resolution No. 2004-ROIII to reimburse bond -funded capital expenditures for sewer system improvements, with proceeds of future debt not to exceed $6,000,000. RESOLUTION NO.2004-RO111 A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Lubbock, Texas (the "City") plans to issue tax exempt obligations to finance the costs of improvements and extensions to the City's Sewer System (collectively, the "Projects"); and WHEREAS, prior to the issuance of such obligations, the City will make expenditures for the Projects from existing funds on hand, and it is the intent of the City to reimburse such funds with the proceeds of sale of such obligations; and WHEREAS, under Treas. Reg. ' 1.150-2 (the "Regulation"), an official intent to reimburse expenditure with the proceeds of tax exempt obligations must be made within 60 days of the date of the original expenditure; and WHEREAS, the City desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT the City reasonably expects to reimburse capital expenditures with respect to the Projects paid with funds on hand from the proceeds of sale of tax exempt obligations hereafter to be issued, and this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of tax exempt obligations expected to be issued for the Projects is $6,000,000. PASSED AND ADOPTED this March 4, 2004. CITY OF LUBBOCK, TEXAS /s/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Interim Chief Financial Officer 212 Regular City Council Meeting March 4, 2004 The following capital project for the City's sewer system was presented for approval in a revised budget ordinance at today's meeting. Subject to Council approval, bonds will be issued for this capital project during the 2004-05 fiscal year. This project is expected to have expenditures prior to the issuance of debt: Sewer Lines Ahead of Sharp Freeway Phase 2 $1,600,000 Two additional projects are expected to be funded by the 2004-05 bond issuance, and will be presented for approval during the regular revised budget process. These projects are also expected to have expenditures prior to the bond issuance: SEWRP Improvements — Sand Filters $2,000,000 SEWRP Improvements — Screw Pump Replacements $2,000,000 City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be sold and delivered within the 2004-2005 fiscal year. For authorized construction projects, there may be design and engineering costs incurred prior to delivery of the bond proceeds, in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs, which are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. The amount of the reimbursement resolution is more than the expected cost of the projects. The dollar amount of reimbursable expenses has been expanded to cover the costs of issuance and to provide some cushion in case the project costs escalate prior to bond issuance. This resolution does not authorize the expenditure of funds on these projects, but only allows approved expenditures to be reimbursed from bond funds. FISCAL IMPACT: This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that the projects may be completed within prescribed time frames. Staff recommended that no more than $6,000,000 be reimbursed. Staff recommended approval of this resolution. The next items considered were Items 33-38. (31.) Resolution No. 2004-RO127 authorizing the Mayor to sign a lease agreement for the use of property by the Lubbock Police Department at Reese Center for the purpose of law enforcement training. RESOLUTION NO.2004-RO127 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a License Agreement by and between the City of Lubbock and Lubbock/Reese Redevelopment Authority, for the use of property for the purpose of law enforcement training, and all related documents. Said License Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 4th day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR 213 Regular City Council Meeting March 4, 2004 ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the License Agreement is filed with Resolution No. 2004-RO 127. This item was moved from consent agenda to regular agenda and was considered following Item 27. The Lubbock Police Department leases land from Reese Center for the purpose of law enforcement training. The parcels of land are specifically used for the driving range and dog kennels. The term of the new contract is 20 years. FISCAL IMPACT: The City pays the Lubbock/Reese Redevelopment Authority the annual total of $1, which is due April 1, 2004, for use of the premises. The leasing fee is paid out of Account No. 5713 (Police Training). Staff recommended approval of this resolution. Dale, Holton, Assistant Chief of Police, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO127 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 39. (32.) Resolution No. 2004-R authorizing the Mayor to sign a policy establishing "no exceptions" to the rules and guidelines affecting the health insurance plan in accordance with all State and Federal Regulations. This item was deleted. Items 33-38 were considered following Item 30. (33.) Resolution No. 2004-110112; Resolution No. 2004-110113; Resolution No. 2004-R0114; Resolution No. 2004-RO115 - BID #200-03/DC —for Primary Contract for Water Inventory Items — Annual Pricing (Central Warehouse). RESOLUTION NO. 2004-RO112 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU3BOCK: 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 water inventory items — annual pricing, by and between the City of Lubbock and Morrison Supply 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 4th day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR 214 Regular City Council Meeting March 4, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-RO112. RESOLUTION NO.2004-R0113 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 water inventory items — annual pricing, by and between the City of Lubbock and O'Tool Industries 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 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0113. RESOLUTION NO.2004-RO114 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 water inventory items — annual pricing, by and between the City of Lubbock and K. W. Sharp, 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. 215 Regular City Council Meeting March 4, 2004 Passed by the City Council this 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0114. RESOLUTION NO. 2004-R0115 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 water inventory items — annual pricing, by and between the City of Lubbock and Western Industrial 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 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-ROI 15. This bid is for the purchase of cast iron fittings, fire hydrants, plastic meter boxes, gate valves, sewer fittings, repair clamps, service clamps, couplings, dressers, mega lugs, restrainers, tapping sleeves, brass fittings, meter re -setters, curb stops, copper pipes, copper fittings, galvanized fittings, PVC fittings, cast iron valve boxes, cast iron manhole rings, and cast iron manhole lids. These items are necessary for the day-to-day operations, emergency maintenance and construction requirements of all 216 Regular City Council Meeting March 4, 2004 Water Utilities sections. Items will be placed in the City's Central Warehouse for dispersal. Various operating and capital project budgets will fund this purchase. During the evaluation process, a letter was mailed to each individual company requesting confirmation to maintain at least 50% inventory of awarded items, two-hour delivery time on emergency orders, and six -hour delivery time on routine requests. Twenty-nine local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $670,738.08 was appropriated with $670,738.08 available in account number 6331 (Water Inventory Items) for this purpose. Staff recommended that bids be awarded to Western Industrial of Lubbock, Texas in the amount of $234,822.72, Morrison Supply of Lubbock, Texas in the amount of $320,530.65, K.W. Sharp of Lubbock, Texas, in the amount of $3,878.30 and O'Tool Industries of Lubbock, Texas in the amount of $1,225. (34.) Resolution No. 2004-RO116 - RFP #202-03/RW —for Mass Spectrometer (Water Treatment Plant Laboratory). RESOLUTION NO. 2004-RO116 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 RFP #202-03/RW for mass spectrometer, by and between the City of Lubbock and Perkin- Elmer of Shelton, Connecticut, 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 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0116. The existing Inductively Coupled Plasma Mass Spectrometer (ICPMS) is 10 years old. Technology has improved, which allows more sensitivity, accuracy and faster detection of contaminants. Repair and replacement parts for older instruments, as well as technological upgrades, have become difficult to obtain as manufacturers cease to support those models. A loss of these instruments would impair the lab's ability to detect contaminants in source and treated water. Three firms submitted four proposals to the City of Lubbock to provide an ICPMS for the Water Treatment Plant Laboratory located at 6001 North Guava. The ICPMS 217 Regular City Council Meeting March 4, 2004 will be used to monitor trace metals and minerals in drinking water and in our source water. Respondents to the RFP include: 1. Agilent Technology of Wilmington, DE 2. Perkin-Elmer of Shelton, CT 3. Thermo Elemental of Franklin, MA Selection committee members evaluated the presentations using the methods and criteria prescribed by the City of Lubbock Purchasing Department. The evaluation criteria in the RFP included 1) Reputation (40%), 2) References (20%), 3) Experience (20%), and 4) Price (20%). These are the evaluations per firm: Firm Product Rating Price Perkin-Elmer Elan 9000 400 $120,689.40 Perkin-Elmer DRCe 396 $147,956.00 Agilent 7500a 230 $144,136.40 Thermo Elemental X Series 194 $172,400.00 The committee made reference calls for all firms. Both of the Perkin-Elmer instruments were rated highly by the references, although two of the five references given for the DRCe model were not using water analysis methods. Agilent did not rate as highly with the committee, because the RFP had specified that they provide a minimum of four references using drinking and/or wastewater analysis methods with the offered instrument. Agilent provided only three references and two of those were using a different model. These references also had clogging and power supply problems. Thermo provided ten references. The committee spoke to five of the ten. Of these five references, one had to change their building air conditioning system for the ICPMS to operate properly, one had stability problems, two had negative comments about the software, and three had RF generator problems. Perkin-Elmer rated highest in the reputation category. Perkin-Elmer had 28.05% of the market share according to the 2003 Pittsburgh Conference Attendance Survey conducted by St. Andrews Marketing Associates. Agilent had 21.78%, and Thermo had 12.21%. Perkin-Elmer also has the longest history of providing metals analysis instrumentation and service. The Elan 9000 is priced at $120,689.40, and the DRCe is priced at $147,956. The committed believes that the Perkin-Elmer Elan 9000 instrument will meet the laboratory's needs at the lowest price of all of the proposals submitted. FISCAL IMPACT: A total of $375,000 was appropriated with $374,773 available in account number 90275 (Lab Equipment Replacement) for this purpose. Award contract to Perkin-Elmer of Shelton, Connecticut for $120,689.40. (35.) Resolution No. 2004-110117; Resolution No. 2004-R0118; Resolution No. 2004-R0119; Resolution No. 2004-R0120; Resolution No. 2004-R0121- BID #244-03/RS — for Vehicle Body Repair & Painting — Annual Pricing (Fleet Services). RESOLUTION NO. 2004-RO117 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 vehicle body repair & painting — annual pricing, by and between the City of Lubbock and Frontier Body Shop of Lubbock, Texas, and related documents. Said Contract is attached hereto 218 Regular City Council Meeting March 4, 2004 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 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-RO117. RESOLUTION NO.2004-RO118 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 vehicle body repair & painting — annual pricing, by and between the City of Lubbock and Gene Messer Ford of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0118. RESOLUTION NO. 2004-R0119 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 vehicle body repair & painting — annual pricing, by and between the City of Lubbock and Precision 219 Regular City Council Meeting March 4, 2004 Body Works, 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 4t11 day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /sl Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-RO119. RESOLUTION NO.2004-RO120 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 vehicle body repair & painting — annual pricing, by and between the City of Lubbock and Collision King Repair Center 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 4`}' day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0120. RESOLUTION NO.2004-RO121 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 vehicle body repair & painting — annual pricing, by and between the City of Lubbock and Western 220 Regular City Council Meeting March 4, 2004 Collision Center 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 41h day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0121. This bid establishes annual pricing for automotive body repair and painting. Based on the 2002-2003 actual collision repair costs, this bid is estimated to be valued at $100,000. The City of Lubbock routinely incurs costs associated with the repair and painting of vehicles in the City's fleet as a result of a collision or other damage. The process of securing estimates and ultimately deciding where to get the work performed is based on the lowest qualified estimate. There are over 20 body repair and paint shops within the city limits. This bid helps the City obtain the best pricing available from these shops. The bid specifications establish minimum workmanship requirements to ensure that each shop provides a minimum level of quality automotive body repair and painting. A visual inspection of each bidder's facility was made by Fleet Services representatives. The representatives visually inspected each facility for it's ability to comply with the specifications based on inside and outside, storage capacity, security, number of dedicated auto body repair and paint technicians, number of paint booths, and the size (auto and truck repair and painting) of the facility. Bids were ranked according to the inspection of the bidder's facility, interview of the facility's supervisor, hourly shop rate, and parts discount. Staff recommended bid award to the top four ranked body shops as primary, secondary, tertiary, and quaternary contractors for the Passenger Vehicles category as shown on the tab sheet; and bid award to the top two ranked body shops as primary and secondary contractors for Heavy Trucks and Specialty Vehicle categories as shown on the tab sheet. One hundred two local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $100,000 was appropriated with $100,000 available in project number 8202 (Equipment Maintenance Motor Vehicles) for this purpose. Award bids to Gene Messer Ford of Lubbock, Texas, Precision Body Works, Inc. of Lubbock, Texas, Frontier Body Shop of Lubbock, Texas, Collision King Repair Center of Lubbock, Texas, and Western Collision Center of Lubbock, Texas. 221 Regular City Council Meeting March 4, 2004 (36.) Resolution No. 2004-RO122 - BID #254-03BM —to relocate a 30-inch water line ahead of Marsha Sharp Freeway (Public Works). RESOLUTION NO. 2004-RO122 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract to relocate 30- inch water line ahead of freeway, by and between the City of Lubbock and Utility Contractors of America 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 41h day of March, 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 M. Knight John M. Knight, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 4th day of March, 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 UTILITY CONTRACTORS OF AMERICA, 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 #254-03BM - RELOCATE 30-INCH WATER LINE AHEAD OF FREEWAY - $109,000.00 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 222 Regular City Council Meeting March 4, 2004 additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney UTILITY CONTRACTORS OF AMERICA By: /s/ Ty Lane PRINTED NAME: Ty Lane TITLE: LP COMPLETE ADDRESS: UTILITY CONTRACTORS OF AMERICA 4611 85th Street Lubbock, Texas 79401 ATTEST: Corporate Secretary This project includes material, labor and equipment to install approximately 4,775 feet of 30-inch water line. All fittings, such as butterfly valves, bends, air release valves, tapping sleeves and tapping valves, are included. The project also includes asphalt repairs and road bores where specified by the contract documents. The existing 30-inch water distribution line is in conflict with the proposed paved areas of the Marsha Sharp Freeway. A new water line will be constructed and tied into the existing system. The existing 30-inch water line will be abandoned in its current location. The route chosen was based on the availability of land, number of utilities in the area and clearance from the proposed freeway structures. The final design represents the most economically feasible route for the new water line. The bid specifications include one option for the contractor to install approximately 3,220 feet of 16-inch water distribution line for the Marsha Sharp Freeway project with City furnished materials. Time for substantial completion of this project, including the option, is 180 calendar days and liquidated damages is $1,000 per day. Seventy local contractors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $2,475,000 was appropriated with $1,388,301 available in project number 9742 (Water Lines Ahead of Marsha Sharp Freeway) for this purpose. Award contract to Utility Contractors of America of Lubbock, Texas for $1,095,347. (37.) Resolution No. 2004-RO123 - ITB #003-04/DC —for Office Supplies — Annual Pricing (All Departments). 223 Regular City Council Meeting March 4, 2004 RESOLUTION NO.2004-RO123 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 office supplies -annual pricing, by and between the City of Lubbock and Baker Office Products 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 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-RO123. This bid establishes annual pricing for office supplies available in the most recent United Stationers general line retail catalog with next business day on -site delivery to City departments. The selling price will be calculated by taking the lowest price column from the most current quarterly United Stationers net price catalog and adding the bidder's "mark up" percentage to that figure. Not all items cataloged by the successful bidder will be purchased under the ensuing contract. Purchases may also be made from other sources as allowed by law or regulation. For example, purchases may be made from state contract vendors, Texas Industries for the Blind and Handicapped (TI3H) or Texas Correctional Industries (TCi). Catalog items considered decorative, personal, unnecessary or more costly than necessary to meet a legitimate City department need, will not be purchased. Baker Office Products of Lubbock, Texas and Staples of Coppell, Texas submitted identical bids (2% Mark-up). Local Government Code Chapter 271.901 provides that when a municipality receives two or more bids from responsible bidders, which are identical in nature and amount, as the lowest and best bids, the governing body of the municipality shall enter into a contract with only one of those bidders and must reject all other bids. If only one of the bidders submitting identical bids is a resident of the municipality, the municipality must select that bidder. Consequently, staff recommended bid award to Baker Office Products of Lubbock, Texas. Thirteen local vendors were notified of the Invitation to Bid. Four bidders have retail locations located in Lubbock. However, Baker Office Products is the only Lubbock -owned bidder in the group that submitted bids. 224 Regular City Council Meeting March 4, 2004 FISCAL IMPACT: A total of $786,959 was appropriated and $630,898 is available in account number 8107 (Office Supplies) for this purpose. The annual expenditure under this contract is estimated to be approximately $260,000. Award bid to Baker Office Products of Lubbock, Texas. (38.) Resolution No. 2004-RO124 - BID #005-04/BM —for Roof Renovations for Chaparral and G&G Avionics (Aviation). RESOLUTION NO. 2004-RO124 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 roof renovations for Chaparral and G&G Avionics, by and between the City of Lubbock and Clay's General Contractors of Flomot, 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 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 4th day of March, 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 Clay's General Contractors, Inc., of the City of Lubbock, County of Motley, 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 #005-04BM - Roof Renovations for Chaparrel and G & G Avionics - $88,352.00 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. 225 Regular City Council Meeting March 4, 2004 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ John McGinley Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney Clay's General Contractors, Inc. By: /s/ Mark Clay PRINTED NAME: Mark Clay TITLE: President COMPLETE ADDRESS: Clay's General Contractors, Inc. 2222 County Road 113 Lubbock, Texas 79234 ATTEST: Corporate Secretary This project involves the construction of new roofs for the Executive Terminal and G&G Avionics. Both roofs are in a very deteriorated state and leak badly. The new roofs will not only protect and add value to the City of Lubbock's assets but also provide a safe and dry working environment for the tenants. Time for substantial completion is 120 consecutive calendar days and liquidated damages is $500 per day. Seventy-eight local contractors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $95,000 was appropriated with $76,818 available in project number 90304 (FBO Roof Building Project) for this purpose. An additional $15,000 in savings from another project will be transferred to cover this contract, for a total of $91,000. Award contract to Clay's General Contractors of Flomot, Texas for $88,352. The next item considered was Item 16. (39.) Resolution No. 2004-R0128; Resolution No. 2004-RO128A — BID #009-04/RS —for Police Vehicle Light Bars and Sirens (Fleet Services). RESOLUTION NO. 2004-RO128 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for police vehicle light bars and sirens, by and between the City of Lubbock and Emergency Vehicle Equipment Company of Arlington, 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. 226 Regular City Council Meeting March 4, 2004 Passed by the City Council this 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0128. RESOLUTION NO. 2004-RO128A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for police vehicle light bars and sirens, by and between the City of Lubbock and Federal Signal Corporation of Universal Park, Illinois, 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 4th day of March, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0128A. This item was moved from consent agenda to regular agenda and was considered following Item 31. This is for the purchase of police vehicle light bars and sirens to be installed on 51 cars for Police Patrol. The purpose of the purchases is to enable the police officer to better perform the assigned duties. Big Country Supply of Abilene, Texas is the lowest responsible bidder for the purchase of light bars and sirens. However, Big Country Supply bid a 227 Regular City Council Meeting March 4, 2004 Code 3 brand light bar, which scored considerably lower in a side -by -side comparison by City of Lubbock staff, than a Whele brand light bar, which is included in the total low bids. The difference in price between the lowest responsible bid from Big Country Supply of Abilene, Texas and the total low bids from Emergency Vehicle Equipment of Arlington, Texas and Federal Signal of Universal Park, Illinois is only $13.00 per light bar and siren combination. Pursuant to Local Government Code §252.042, bid documents stated that the contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. Three local bidders were notified of the Invitation to Bid. FISCAL IMPACT: A total of $127,500 was appropriated with $127,500 available in project number 90335 (Fleet Replacement 2003-2004) and project number 90299 (Revised Fleet Replacement FY 2002-2003) for this purpose. Award bid to the lowest responsible bidder (Big Country Supply Alternate Bid #1) or to the bidders who provide the best value (Emergency Vehicle Equipment Bid Item IA and Federal Signal Bid Item 2B) for the City of Lubbock. Victor Kilman, Purchasing Agent, gave comments. He stated that Big Country Supply of Abilene, Texas was the lowest bidder for both light bars and sirens on this bid. However, they bid a Code 3 brand light bar, which scored considerably lower in a side -by -side comparison by staff than a Whelan brand light bar, which is included in the total low bids. The difference in the price between the lowest responsible bid from Big Country Supply and the total low bids from Emergency Vehicle Equipment and Federal Signal Corporation is only $13.00 per light bar and siren combination. This is on a $1,800 item. The difference is approximately 3/4ths of one percent. Dale Holton, Chief of Police, stated the Whelan brand light bar better meets the City's needs. Council Member Morrison asked representatives of Emergency Vehicle Equipment and Federal Signal Corporation if they could have been competitive on a combined bid. They stated if they had known they could have made it all or none, they would have done so. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-RO128 awarding Bid Item I to Emergency Vehicle Equipment and Resolution No. 2004-RO128A awarding Bid Item 2B to Federal Signal Corporation as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 228 Regular City Council Meeting March 4, 2004 The next items considered were Items 41-51. (40.) Resolution No. 2004-R ; Resolution No. 2004-R ; Resolution No. 2004-R ; Resolution No. 2004-R - ITB 9013-04/DC —for Supply and Delivery of Laser/Inkjet Printer and Fax Toner Cartridges — Annual Pricing (All Departments). This item was deleted. Items 41-51 were considered following Item 39. ORDINANCES FOR PASSAGE Second Readinp, (41.) ORDINANCE NO. 2003-00068 (2302 7th Street): Ordinance abandoning and closing two 20 foot alleys located in Blocks 126 and 127, Overton Addition, 7tb Street between Avenue W and Avenue X, Overton Addition, and Avenue W between 6th Street and 8th Street, Overton Addition, City of Lubbock (second and final reading). ORDINANCE NO. 2003-00068 AN ORDINANCE ABANDONING AND CLOSING TWO 20-FOOT ALLEYS LOCATED IN BLOCKS 126 AND 127, OVERTON ADDITION, PORTIONS OF TWO 20-FOOT ALLEYS LOCATED IN BLOCKS 66 AND 67, OVERTON ADDITION, AVENUE W BETWEEN 6TH STREET AND 8" STREET IN THE OVERTON ADDITION, 7" STREET BETWEEN AVENUE X AND AVENUE W IN THE OVERTON ADDITION, AND A PORTION OF 7" STREET BETWEEN AVENUE W AND AVENUE V IN THE OVERTON 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. These alley and street portions in the Overton Addition are being closed as part of the McDougal North Overton redevelopment project. The second reading of this abandon and close ordinance contains a revised legal description due to a revised plat of this area of Overton. The first reading contained two alley closures and a street closure of 7th Street immediately east of Avenue W for 208.33 feet and the revised legal omits these three closure areas. The original amount due the City for all closures was $6,071.25 and the revised amount now due the City is $17,416.13. This larger amount due is because a north -south street is not being dedicated in this replat to be called Tract 5, Overton Park Addition. FISCAL IMPACT: Income to the City will be $17,416.13. The Right -of -Way Department recommended approval of the second reading of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on second and final reading Ordinance No. 2003-00068 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal recused himself. (42.) ORDINANCE NO. 2004-00030 —Zone Case No. 2305-H (301 Utica Avenue): Request of Tara Land Company (for State National Bank) for a zoning of AM Specific Use for a bank building on Lots 1, 2, 3 and a portion of Lots 4 and 6A, Whisperwood Office Park (second and final reading). This item was continued. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on second and final reading Ordinance No. 2004-00030. 229 Regular City Council Meeting March 4, 2004 Council Member Hernandez asked that this item be continued to the March 23, 2004 agenda until full contingent of the council is present. Council Members Morrison and Boren withdrew their motions. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to continue this item to the March 23, 2004 agenda. Motion carried: 4 Yeas, 0 Nays. Council Member Gilbreath recused himself. PUBLIC ZONING HEARING 10:30 A. M. Zoning (43.) Ordinance No. 2004-0 - ZONE CASE NO. 3000 (south of Main Street between Avenue V and Avenue W): Hold a public hearing to consider an appeal of a denial by the Planning and Zoning Commission for a request of Humphreys & Partners, L.P. (for Main Street Townhomes, L.P.) for a zoning change from R-2 to A-2 Specific Use for 3-story town homes with reduced front setbacks on Lots 1-12, Block 71, Overton Addition (first reading). This item was continued. This request would provide for developing a row of lots between Avenue V and Avenue W on Main Street as town homes. The units will be on separate lots and built and eligible for individual ownership. Because of comments by property owners contending increased parking issues on Broadway, congestion in the alley and three-story construction, the Planning Commission denied the request with a split vote. Adjacent land uses: North — apartments South — commercial East — residential West — church The request represents a minor change to the Comprehensive Land Use Plan. Although a graphic developed and published in the "Overton Park Public Improvements" design booklet illustrates the block as "multi -use", the current amended Plan adopted by the City Council when the redevelopment started indicates "Garden Office" along portions of the south side of Main Street. Flexibility of land uses in the redevelopment area has been a priority of the developer and the Planning Department since the beginning of the redevelopment. The density of the units will be approximately 1/1,800 versus the minimum of 1/2000 allowed in the R-1 Specific Use section. Use of A-2 as the base zoning for a Specific Use Permit will accommodate the slightly higher density of units and will accommodate the three-story construction. A majority of the first floor of each unit is a two -car garage. Several of the property owners on Broadway expressed concern that the height of the units will "overpower" buildings on Broadway. These business owners are in the vicinity of a number of church structures on Broadway with a height well in excess of the proposed three-story town homes. Also, the Dinerstein apartment project on the north side of Main Street is three stories. The staff is of the opinion that the project will not create a detriment to landowners along Broadway. Increased traffic and parking were also been cited as an issue. The residential will not create the amount of traffic or parking that typical office development would generate. Parking issues exist in the entire area due to the proximity to the University and not because of any individual development or business. The alley is currently paved. Several of the businesses have gotten used to having the alley primarily to them. The town homes are clustered in groups of five. Three of the homes will have access to the garage from the alley. Two of the homes will share a 230 Regular City Council Meeting March 4, 2004 common drive from Main Street, thus reducing the number of drive cuts on Main. The proposed parking meets town home requirements (a two -car garage and two -car drive), and the developer is adding additional spaces in response to the "one space per four units" required in the A-2 District even though the development is constructed as individual town home units. The Planning Commission denied the request. FISCAL IMPACT: Not applicable. Staff recommended the request to the Planning Commission, and recommended reversal of the Planning Commission denial. Council Member Hernandez prepared to open the public hearing. However, motion was made by Council Member Morrison to pull this item. Council Member Hernandez stated if there were no objections, he would like to open the public hearing, take input, close the hearing, and then continue the matter until a full contingent of the council is present. Council Member Morrison agreed. Council Member Boren stated that there were not enough council members to hear the comments. First Assistant Attorney Richard Casner stated that this item could be opened and continued to the March 23, 2004 meeting and at that time, take all evidence. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to continue this item until March 23, 2004. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal recused himself. ADMINISTRATIVE SERVICES Buddy Holly Center (44.) Resolution No. 2004-RO129 approving the recommendations of the Lubbock Arts Alliance, Inc., for the second of two grant periods for 2003/2004. RESOLUTION NO.2004-RO129 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 approves for and on behalf of the City of Lubbock, the Arts Alliance to award all of the second period grants for 2003 recommended by the Lubbock Arts Alliance Grants Review Committee. The letter, dated February 19, 2004, from the Lubbock Arts Alliance requesting approval of the second period grants 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 4th day of March, 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 231 Regular City Council Meeting March 4, 2004 APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney — Office Practice A copy of the Letter is filed with Resolution No. 2004-RO129. On February 27, 2003, the Lubbock City Council approved an agreement with the Lubbock Arts Alliance, Inc. in the amount of $142,207. The agreement stipulates that the funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts and the promotion of tourism in the Lubbock community. The funds represent 5.71429% of the hotel/motel tax collected during the fiscal year ended September 30, 2002. In reviewing requests and developing funding recommendations for each application, the Grants Review Committee follows guidelines that were approved as part of the February 27, 2003 agreement. The Grants Review Committee, composed of appointments by the City Council and representatives of the Lubbock Arts Alliance, Inc., evaluates applications and submits their recommendations to the City Council for approval. The Lubbock City Council is now asked to approve $61,586 in grant awards for the second grant period for 2003/2004. Fourteen applications had been received as of the December 1, 2003 deadline. Nine are recommended for full or partial funding. A listing of the recommendations and panel comments from the Lubbock Arts Alliance Grants Review Committee was provided in council backup. FISCAL IMPACT: The amount of $61,586 will be taken from the hotel/motel tax collected. Lubbock Arts Alliance, Inc. recommended approval of this resolution. Elizabeth Regner, Executive Director, Lubbock Arts Alliance, Inc. gave a presentation. Ms. Regner introduced the following individuals: Meredith McAllister, President of Lubbock Arts Allhance, Inc.; Betsy Goebel -Jones and Jane Bell, Cultural Grant Review Committee members. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2004-RO129 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Parks and Recreation (45.) Ordinance No. 2004-00034 amending City Code of Ordinances, Section 19-1 to prohibit the riding of horses on parkland other than in designated areas. ORDINANCE NO.2004-00034 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO UNLAWFUL ACTIVITIES WITHIN PARKS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The current City's Code of Ordinances prohibits the riding of bicycles, motorbikes or motor scooters in a park unless the area is designated for such use. This proposed amendment would include the restriction of riding or leading horses in any park except in areas designated for such an activity. Some concerns have been expressed to staff in regards to horses being ridden in areas that create a conflict with other park users. The amendment of this ordinance would limit horse riding to areas that are designated for riding horses. This amendment would not restrict the police from patrolling or riding horses in the parks. In January 2004, the Park and Recreation Advisory Board recommended that an equestrian trail be designated. On February 19, 2004, the City Council passed a resolution officially designating an equestrian trail. 232 Regular City Council Meeting March 4, 2004 FISCAL IMPACT: To post appropriate signage will cost $500. Funds are available in Account Number 5221.8264 for this item. During the February 24, 2004 meeting of the Park and Recreation Advisory Board, the Board recommended that the City Council amend City Code of Ordinances, Section 19-1 to prohibit the riding of horses on parkland, other than where designated. Corbin Pemberton, Community Projects Manager, gave staff comments. Motion was made by Council Member Boren, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2004-00034 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. MISCELLANEOUS (45A.) Resolution No. 2004-RO130 approving the terms and conditions of a settlement of a claim asserted against the City by Sharlett Chowning and take appropriate action. RESOLUTION NO. 2004-110130 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 in settlement of a claim asserted against the City of Lubbock by Sharlett Chowning. Passed by the City Council this 4th day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/ Office Practice Section Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO130 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Council Member Hernandez voted Nay. PLANNING AND TRANSPORTATION (46.) Resolution No. 2004-110131 authorizing the amendment of Passenger Facility Charge (PFC) application 02-04-C-00-LBB increasing the budget for the Construct Ty V project and the purchase of an Aircraft Rescue Fire Fighter (ARFF) truck. RESOLUTION NO. 2004-RO131 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 to direct the Director of Aviation on behalf of the City of Lubbock, to amend a Passenger Facility Charge Application 02-04-C-00-LBB to the Federal Aviation Administration increasing the budget for construction of a taxiway and for acquisition of an ARFF truck for rescue operations at the Lubbock International Airport, and related documents. 233 Regular City Council Meeting March 4, 2004 Passed by the City Council this 4th day of March, 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 Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section In August 2001, the City Council authorized the submittal of Passenger Facility Charge (PFC) Application 02-04-C-00-LBB, which included the Construct Ty V project and the purchase of a new Aircraft Rescue Fire Fighter (ARFF) truck. In June 2002, the FAA approved the application. In early 2003, a change in scope for the Construct Ty V project and a change in the FAA requirements for ARFF truck design increased our cost estimates for both projects. On March 31, 2003 the Construct Ty V budget was amended by ordinance. Through the revised budget process in June 2003, the ARFF truck budget was amended. As both of these projects are now nearing completion, this amendment to our PFC Application will adjust our collections to reflect the actual costs for the projects. FISCAL IMPACT: This amendment will increase our PFC collections by $229,123. The ARFF truck purchase will increase from $570,000 to $706,415, and the local match for the Ty V project will increase from $136,988 to $229,696. The Airport Board and staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO131 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Right -Of -Way (47.) Ordinance No. 2004-00035 abandoning and closing two 20 foot alleys located in Blocks 66 and 67, Overton Addition, and 71h Street between Avenue V and Avenue W, Overton Addition to the City of Lubbock (2202 7ch Street) (first reading). ORDINANCE NO.2004-00035 AN ORDINANCE ABANDONING AND CLOSING TWO 20-FOOT ALLEYS LOCATED IN BLOCKS 66 AND 67, OVERTON ADDITION, AND 7" STREET BETWEEN AVENUE W AND AVENUE V IN THE OVERTON 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. 234 Regular City Council Meeting March 4, 2004 These alley and street portions in the Overton Addition are being closed as part of the McDougal North Overton redevelopment project. These two blocks, which include the alley and street closures are being replatted into Tract 6, Overton Park Addition. Since McDougal was not the original dedicator of the street and alley areas being closed, there will be a charge for them. The total area of 7th Street being closed is 36,000 square feet, and the total area of the two alleys being closed is 24,000 square feet. This two -block area, which will be replatted into Tract 6, consists of approximately 96% residential zoned properties and 4% apartment zoned properties. The Right -of -Way Department has come up with a value of $0.16 for the residential property and a value of $1.10 for the apartment property. This equates to 96% X 60,000 square feet (total street and alley area being closed) equals 57,600 square feet X $00.16 = $9,216 for the residential zoned street and alley area and 4% X 60,000 square feet equals 2,400 square feet X $1.10 = $2,640 for the apartment zoned street and alley area. Total value for the street and alley area being closed is $11,856. In the replat, additional street area for 6th Street, 8`h Street, and two corner cutoffs will be dedicated containing a total of 16,604 square feet and these will be valued as a credit. Using a 96% value of $00.16 and a 4% value of $1.10 for the 16,604 square feet street dedications, a credit will be given of $3,280.95 for the street area dedications. Therefore, $11,856 minus the credit of $3,280.95 equals $8,575.05 due to the City. FISCAL IMPACT: Income to the City will be $8,575.05. The Right -of -Way Department recommended approval of the first reading of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00035 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal recused himself. BOARD APPOINTMENTS (48.) Consider one appointment to the Appointments Advisory Board. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to appoint Sue Clary to the Appointments Advisory Board. Motion carried: 4 Yeas, 0 Nays. Council Member Hernandez was away from the dais. (49.) Consider appointments to the Board of Health. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to appoint Bill Edwards and Ted Hartman to the Board of Health. Motion carried: 4 Yeas, 0 Nays. Council Member Hernandez was away from the dais. (50.) Consider seven appointments to the Entertainment Lubbock Task Force. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to Appoint Jim Bertram, Don Caldwell, Virgil Johnson, Phyllis Jones, Kent Meredith, Dick Milam, and Philip Price to the Entertainment Lubbock Task Force. Motion carried: 4 Yeas, 0 Nays. Council Member Hernandez was away from the dais. (51.) Consider appointments to the Lubbock Water and Sewer Rate Review Committee. This item was deleted. Mayor McDougal requested that this item be placed on the March 23, 2004 agenda. The next items considered were Items 53 and 55. 235 Regular City Council Meeting March 4, 2004 (52.) Consider three appointments to the North Overton Tax Increment Finance District. This item was deleted. Mayor McDougal requested that this item be placed on the March 23, 2004 agenda. Mayor McDougal and Council Member Hernandez recused themselves. Items 53 and 55 were considered following Item 51. (53.) Consider one appointment to the Park and Recreation Board. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to appoint Cray Pickering to the Park & Recreation Board. Motion carried: 4 Yeas, 0 Nays. Council Member Hernandez was away from the dais. (54.) Consider appointments to the Urban Design/Historic Preservation Commission. This item was deleted. Mayor McDougal requested that this item be placed on the March 23, 2004 agenda. (55.) Consider one appointment to the Youth Commission. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to appoint ReJeanne Sylvester to the Youth Commission. Motion carried: 4 Yeas, 0 Nays. Council Member Hernandez was away from the dais. 11:12 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Members Martin and Patterson 12:55 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas 12:55 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Morrison adjourned the meeting. Read and approved this ��ay o 2005. MCDOUGAL MAYOR ATTEST: r i R becca Garza, City Seofetary 236