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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/23/2004REGULAR CITY COUNCIL MEETING MARCH 23, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of March, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tern T. J. Patterson, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison Absent: Council Member Victor Hernandez CITIZEN COMMENTS The following citizens expressed comments to the Council. ( 1.) Matityahu (Matthew) Cevin had requested to address the decibel levels allowed at entertainment establishments serving alcohol within the City of Lubbock. This item was deleted. Mr. Cevin did not appear. The next item considered was Item 3. (2.) Ruella Johnson addressed concerns with the Ponderosa Apartments. This item was considered following Item 3. (3.) William J. Phillips addressed concerns with the Ponderosa Apartments. The next item considered was Item 2. Rob Allison, Manager of Business and Neighborhood Development, answered questions from Council regarding items 2 and 3. Mr. Allison stated that the Codes staff put together a group of representatives from City departments, who made an inspection of the project. After all reports are received, Codes will make a presentation to the Structural Standards Commission on April 13, 2004 at 1:30 p.m. After that hearing, an order can be given, which is usually a 30-day repair, remove or demolish, depending on the presentation given by the owner of the property. Failure to comply will result in tickets and/or demolition. Council Member Martin asked for a backlog of substandard structures and how much it would cost to demolish them. Mr. Allison stated there were 35-40 structures ready for demolition, which would cost in the neighborhood of $125,000. Council Member Martin asked Nancy Haney, Community Development Director, if the reallocation of funds, on today's agenda, could not be used for demolition of substandard structures. Ms. Haney stated that the Legal Department had advised that it would take more money using these funds, because you would have to pay relocation to anyone living in any of those structures. Council Member Patterson asked for Mr. Allison to provide him with the locations of the abovementioned structures. He also asked Police Chief Claude Jones about drug activity at the Ponderosa. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation; the purchase, exchange, lease or value of real property; personnel; competitive matters of the public power utility; and to review certified agenda from the prior executive Regular City Council Meeting March 23, 2004 Page 238 session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:54 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Member Hernandez (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Electric Utilities; North Overton; Water Utilities). (4A.) 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). (5.) 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; Fire Chief; Police Chief) and take appropriate action. (6.) 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: Zoning Board of Adjustment Animal Shelter Advisory Committee Board of Health Deleted: Keep Lubboek Beautiful Advisory Committee Lubbock Water and Sewer Rate Review Committee Park and Recreation Board (7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; 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. (8.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 9:52 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 (9.) Presentation by the American Cowboy Culture Association, Inc. requesting funding from Hotel Occupancy Tax for the 16th Annual National Cowboy Symposium & Celebration and National Championship Chuck Wagon Cook -Off to be held on September 9-12, 2004. Alvin G. Davis, President of the American Cowboy Culture Association, Inc. The next item considered was Item 12. (10.) Presentation by Tim Gragson regarding the restrictive easement at Lake Alan Henry. Tim Gragson, Lake Alan Henry resident. This item was deleted. (11.) Presentation regarding prioritization of park improvements and potential funding sources. Corbin Pemberton, Director of Park and Recreation. This item was considered following Item 69. 238 Regular City Council Meeting March 23, 2004 Page 239 Due to budget constraints, the Park and Recreation Department received no capital project funding for park improvements in the FY 2003-04 budget. However, there are a number of important park projects that need to be addressed as soon as funding becomes available. Currently, there is approximately $300,000 in unallocated bond interest that the City Council could allocate to park improvements. Park staff has reviewed input from neighborhood associations, safety concerns and potential partnerships that are time sensitive in order to develop recommendations for priorities. These recommendations are over and above the list of priorities that the City Council has approved for the upcoming bond election. Projects with a partnership component include the Remington Park playa lake area, as well as a new covered picnic pavilion at Maxey Park. Projects as identified by the neighborhood associations include development of a new park in the vicinity of 98`h Street and Frankford Avenue, as well as reestablishing a walking trail on the north side of Dunbar Historic Lake. In addition to these projects, staff is recommending that funding for three playground renovations be established to eliminate liabilities at Miller Park (if bond election does not pass), Woods Park, and Rawlings Park (Hinojosa Park if Miller Park is funded through the bond election). FISCAL IMPACT: None at this time. Corbin Pemberton, Director of Parks and Recreation, gave the presentation. This was the last item considered, and Council adjourned at 3:30 p.m. (12.) Discuss the paving of Milwaukee Avenue from 341h Street to 981h Street. Craig Farmer, Managing Director of Planning and Transportation. This item was considered following Item 9. 1. Concept of paving thoroughfares earlier in the development stage. 2. Necessity of accelerating the construction of this major thoroughfare street due to the Marsha Sharp Freeway project. 3. Current opportunity of developer, and adjacent landowner, participation in the right-of-way dedication and up front cost of the paving improvements. 4. Alternatives of funding the thoroughfare -paving project. 5. Direct staff to initiate design of the project. Craig Farmer, Managing Director of Planning and Transportation, gave the presentation. Mayor McDougal suggested moving forward with next year's budget, as we are looking at 20 years of road construction. City Manager Lou Fox stated that he would work on this. Council Member Martin stated that he saw about a six-month window to make this work and suggested that a resolution be brought back to council. Burl Masters, Master & Associates, asked that the infrastructure not be forgotten. 10:32 A. M. WORK SESSION RECESSED 10:43 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 239 Regular City Council Meeting March 23, 2004 Page 240 Present: Mayor Marc McDougal, Mayor Pro Tem T. J. Patterson, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison; Lou Fox, City Manager; Anita Burgess, City Attorney; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney Absent: Council Member Hernandez Mayor McDougal called the meeting to order at 10:43 A. M. (13.) Invocation by Reverend Margaret Austin, Rector of St. Stephen's Episcopal Church. (14.) 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 Housing Authority Receiving: Anthony Gonzalez (unable to attend) Appointments Advisory Board Receiving: Sue Clary (unable to attend) Board of Health Receiving: Dr. Ted Hartman Park and Recreation Board Receiving: Cray Pickering Youth Commission Receiving: ReJeanne Sylvester (unable to attend) CITIZENS APPEARANCES The next items considered were Item 17-19. (15.) Presentation of a Special Recognition to the Martin Luther King, Jr. Commemorative Council for their efforts in making the Martin Luther King, Jr. Memorial a reality for the people of Lubbock. This item was deleted. (16.) Presentation of a Special Recognition regarding the 5'h Annual Cesar Chavez Day. This item was considered following Item 19. The 5th Annual Cesar Chavez Day will be held on April 4, 2004. The annual event is organized by the United People for the Betterment of the Llano Estacado and will include a march honoring the accomplishments of Cesar Chavez. Council Member Patterson made the presentation. Those in attendance to receive the presentation included Irma Guerra and Linda DeLeon. The next item considered was Item 59. Items 17-19 were considered following Board Appointments Recognition. (17.) Presentation of a Proclamation to the American Business Club (ABC) Rodeo. The American Business Club Rodeo is an annual event in which money is raised to benefit the Lubbock Boys and Girls Clubs. This proclamation proclaimed April 1st thru April P as the ABC Rodeo Days. Those present to receive the proclamation were: Tom Baker, Chair of the 2004 Rodeo Days; Chelsi Dickerson, 2004 ABC Rodeo Queen; and Tatum Cagle, 2004 ABC Princess. 240 Regular City Council Meeting March 23, 2004 Page 241 (18.) Presentation of a Special Recognition of Calvin Thomas and Karl Morris for assisting Sergeant Mike Steen in apprehending a fleeing suspect. On March 10, 2004, Sergeant Mike Steen was in pursuit of a fleeing suspect. Mr. Thomas and Mr. Morris recognized the suspect was trying to flee and helped Sergeant Mike Steen apprehend the suspect without causing injury or property damage. Council Member Martin assisted the Mayor in this presentation. Sergeant Steen, Mr. Thomas and Mr. Morris were all present. (19.) Presentation of a Special Recognition to the Lubbock High School Future Business Leaders of America who recently won first place in a state competition for the community service project. The Lubbock High School Future Business Leaders of America recently won first place in a state competition for their community service project regarding the No Child Left Behind initiative. These students will compete in July for the National title. The next item considered was Item 16. CONSENT AGENDA (Items 20-22, 26-37, 39, 41-45) Consent Agenda was considered following Item 59. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to approve Items 20-22, 26-37, 39, 41-45 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (20.) Approval of Minutes: March 4, 2004 Regular City Council Meeting (21.) ORDINANCE NO. 2004-00034: Ordinance amending City Code of Ordinances, Section 19-1 to prohibit the riding of horses on parkland other than in designated areas (second and final reading). 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. 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. 241 Regular City Council Meeting March 23, 2004 Page 242 (22.) ORDINANCE NO. 2004-00033 (10001 Indiana Avenue): Ordinance abandoning and closing a 20 foot underground utility easement located in Section 19, Block E-2, Lubbock County, Texas (second and final 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. The next items considered were Items 26-37. (23.) Resolution No. 2004-R authorizing the Mayor to approve construing the boundaries of the City's restrictive easement at Lake Alan Henry. This item was deleted. Items 24-25 were moved from consent agenda to regular agenda and were considered following Item 45. (24.) Resolution No. 2004-RO153 authorizing the Mayor to execute an Amendment to the Technical Currency Agreement, dated August 12, 1999, with Indus International, Inc. for Utility Billing software maintenance. RESOLUTION NO. 2004-RO153 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Technical Currency Agreement by and between the City of Lubbock and Indus International, Inc., amending the Technical Currency Agreement with Teldata, Inc. dated August 12, 1999. Said Amendment to Technical Currency Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the Minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood Mark Yearwood, Director of Information Technology APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/ Office Practice Section 242 Regular City Council Meeting March 23, 2004 Page 243 A copy of the Amendment is filed with Resolution No. 2004-R0153. Lubbock Power & Light (LP&L) and Water Utilities purchased the Indus (formerly known as SCT) Banner system in 1999 and went live with its operation in 2001. The product provides Utility Billing and Customer Information for all of the City's utilities. During the time since the original purchase, major enhancements have been made to the product, which in turn, enhance the Billing and Customer Service department's capabilities with the system. This agreement amends the original Maintenance Agreement by removing an unused marketing module and adding a data extraction module. All other aspects of the original agreement remain in effect. FISCAL IMPACT: Annual maintenance is agreed to cost $144,412.21 for 2003-2004, and $151,864.05 for 2004-2005. This Amendment also provides for a negotiated one-time credit of $40,167.62 to be applied to the final payment of the original contract. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2004-R0153 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (25.) Resolution No. 2004-R0154 authorizing the Mayor to execute an Amendment to the Software License and Services Agreement dated August 12, 1999, with Indus International, Inc. for Utility Billing software migration. RESOLUTION NO. 2004-R0154 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Software License and Service Agreement by and between the City of Lubbock and Indus International, Inc., amending the Software License and Service Agreement with Teldata, Inc. dated August 12, 1999. Said Amendment to Software License and Service Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the Minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: _ /s/ Mark Yearwood Mark Yearwood, Director of Information Technology APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/ Office Practice Section 243 Regular City Council Meeting March 23, 2004 Page 244 A copy of the Amendment is filed with Resolution No. 2004-RO154. Lubbock Power & Light (LP&L) and Water Utilities purchased the Indus (formerly known as SCT) Banner system in 1999 and went live with its operation in 2001. The product provides utility billing and customer information for all of the City's utilities. During the time since the original purchase, major enhancements have been made to the product, which in turn will enhance the Billing and Customer Service department's capabilities with the system. City and Indus personnel worked together in 2003 to identify the scope of work for the project, which is expected to last approximately eight months. Upon completion, the City will have access to the latest technology offered by Indus, including the ability to take Utility payments via the Internet. FISCAL IMPACT: The cost of the migration is approximately $407,805, and is inclusive of a "Time & Materials" component, which is agreed not to exceed $41,580. Funding for this migration is available in an approved capital project. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2004-RO154 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 38. Items 26-37 were considered following Item 22. (26.) Resolution No. 2004-RO133 Authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Windmill Neighborhood Association from the Community Development Block Grant. RESOLUTION NO. 2004-RO133 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Agreement, by and between the City of Lubbock and Windmill Neighborhood Association, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Hance Nancy Haney, Community DevelopmentDirector APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney 244 Regular City Council Meeting March 23, 2004 Page 245 A copy of the Agreement is filed with Resolution No. 2004-R0133. Grantee: Windmill Neighborhood Association Program: Windmill Computer Literacy Program FundingSource: 2003-2004 Community Development Block Grant Use of Funds: This program will provide funds to be used to offer a computer literacy program that will be held in the Hunt Elementary building. The program will target senior citizens and children. Amount: $12,850 Match: 25% Return of Investment: Not required for Community Development Public Service. Terms: March 23, 2004 through September 30, 2004 Comments: Funding for this Contract was approved by City Council at the June 12, 2003 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: There is no fiscal impact on the general fund involved with this project or contract. The funds used are Federal funds from the Community Development Block Grant. Community Development recommended approval of this resolution. (27.) Resolution No. 2004-RO134 Authorizing the Mayor to execute Change Order Number 1 to Contract 122-03/BM for the relocation of two 24-inch water supply lines for the Marsha Sharp Freeway Project. RESOLUTION NO. 2004-RO134 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 1 to a Contract (Bid No. ITB#122-03 BM) with D & D Cable Services LTD., to cover the expenses incurred by D & D Cable Services LTD. for additional quantities of work caused due to alignment changes on the Marsha Sharp Freeway made by the Texas Department of Transportation after this project was awarded. A copy of said Change Order No. 1 is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Water Planning Engineer APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, First Assistant City Attorney 245 Regular City Council Meeting March 23, 2004 Page 246 A copy of Change Order No. 1 is filed with Resolution No. 2004-RO134. This change to the contract between the City and D&D Cable Services LTD is the result of changes made by the Texas Department of Transportation to the alignment of sound walls and storm sewers for the Marsha Sharp Freeway Project. These specific changes occurred mostly in the Toledo to Raleigh Avenue area. The change in alignment results in changes to the quantities bid in the contract and additions to the contract as outlined in the itemized back up information attached. As indicated on the Change Order document, the net result of the change is $64,969.31, which is 7.2% of the original contract. FISCAL IMPACT: These funds will come from Capital Project Fund 9742.9241 with $3,400,000 being available in this project account. This change will require $64,969.31 of these funds. In order to proceed with the utility relocation effort for the Marsha Sharp Freeway Project, staff recommended execution of this Change Order. (28.) Resolution No. 2004-RO135 Authorizing the Mayor to execute a Deed Without Warranty in favor of Milwaukee, LTD for a 0.42 acre tract of land in Section 30, Block AK, Lubbock County (6502 82°d Street). RESOLUTION NO.2004-RO135 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Deed Without Warranty between the City of Lubbock and Milwaukee, LTD., a Texas limited partnership, and any other related documents. Said Deed Without Warranty is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Buck+ Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /S/ Richard K. Casner Richard K. Casner, First Assistant City Attorney A copy of the Deed Without Warranty is filed with Resolution No. 2004-RO135. In 1999, 92°d Street was widened from Frankford Avenue westward to US 62/82 (Wolfforth) by the Texas Department of Transportation. As part of this project, the City of Lubbock acquired several pieces of right-of-way including a 35-foot wide strip of land along the north side of 82°d Street from Iola Avenue westward to a point 524 feet west of Milwaukee Avenue from the Bacon family. This 35-foot wide strip of land was purchased for a drainage channel to carry storm water westward to a playa lake on the north side of 82nd Street and Milwaukee Avenue. 246 Regular City Council Meeting March 23, 2004 Page 247 The Bacon Family recently sold all of their property along the north side of this 35-foot wide strip of land to a real estate developer who has sold it off to three separate entities, two of which he has interest in. The developer is ready to start developing this acreage into residential and commercial properties and desires to acquire this 35-foot strip to include it in his plat. According to our City attorney, land of this size and configuration can be sold to the abutting property owner at its appraised value. Tommy Cantrell, M.A.I., appraised this first of three tracts to be conveyed to the abutting property owner, Milwaukee, LTD. This 35 foot wide tract of land runs along the north side of 82"d Street from the center of Milwaukee westward 524 feet and contains 0.42 acres of land. Mr. Cantrell appraised the 0.42 acres at $1,000 per acre for an appraised market value of $420, which is the City's sale price. FISCAL IMPACT: This property will go back on the tax roll and the City will not be responsible for its maintenance, liability, or development and it will remain as a drainage easement. The Right -of -Way Department recommended the approval of this Deed Without Warranty to Milwaukee, LTD. (29.) Resolution No. 2004-RO136 authorizing the Mayor to execute a Deed Without Warranty in favor of Bacon Crest, LTD for a 1.06 and a 0.4571 acre tract of land in Section 29, Block AK, Lubbock County (6402 82"d Street). RESOLUTION NO. 2004-RO136 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Deed Without Warranty between the City of Lubbock and Bacon Crest, LTD., a Texas limited partnership, and any other related documents. Said Deed Without Warranty is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /S/ Richard K. Casner Richard K. Casner, First Assistant City Attorney A copy of the Deed Without Warranty is filed with Resolution No. 2004-RO136. This is the second 35-foot wide tract of land along the north side of 82"d Street to be conveyed to the abutting property owner, Bacon Crest, LTD. This tract contains a total of 1.5171 acres and runs from the center of Milwaukee Avenue eastward to a point 752 feet west of Iola Avenue for a total distance of 1,889.81 feet. Tommy Cantrell, M.A.I. appraised this 247 Regular City Council Meeting March 23, 2004 Page 248 tract of land at $1,000 per acre for an appraised market value of $1,517.10 which is the City's sale price to Bacon Crest, LTD. FISCAL IMPACT: This property will go back on the tax roll and the City will not be responsible for its maintenance, liability, or development and it will remain as a drainage easement. The Right -of -Way Department recommended approval of this resolution. (30.) Resolution No. 2004-RO137 authorizing the Mayor to execute a Deed Without Warranty in favor of Amistad Commercial Property, L.P. for a 0.6042 acre tract of land in Section 29, Block AK, Lubbock County (6102 82"d Street). RESOLUTION NO.2004-RO137 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Deed Without Warranty between the City of Lubbock and Amistad Commercial Property, L.P., a Texas limited partnership, and any other related documents. Said Deed Without Warranty is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /S/ Richard K. Casner Richard K. Casner, First Assistant City Attorney A copy of the Deed Without Warranty is filed with Resolution No. 2004-R0137. This is the third 35-foot wide tract of land along the north side of 82°d Street to be conveyed to the abutting property owner, Amistad Commercial Property, L.P. This tract contains a total of 0.6042 acres and runs from the center of Iola Avenue westward 752 feet. Tommy Cantrell, M.A.I. appraised this tract of land at $1,000 per acre for an appraised market value of $604.20 which is the City's sale price to Amistad Commercial Property, L.P. FISCAL IMPACT: This property will go back on the tax roll and the City will not be responsible for its maintenance, liability, or development and it will remain as a drainage easement. The Right -of -Way Department recommended the approval of this resolution. 248 Regular City Council Meeting March 23, 2004 Page 249 the reappo (31.)intment of David Resolution No. 2004-RO138 to ratify Vasquez to the Civil Service Commission. RESOLUTION NO.2004-RO138 RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: nt BE IT RESO y p omtme THAT the City Council of the City ofS i bibock hereb ratifies the rea p of David Vasquez to the Civil Service Comm Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza b TommyCombs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /SI Scott Snider Director of Human Resources/Civil Service Commission APPROVED AS TO FORM: !s/ John M Knight John M. Knight, Assistant City Attorney David Vasquez is very knowledgeent Code and has ble of the rules and rved asregulations Civil Chapter 143 of the Local Governor Service Commissioner since October 8, 1997. David's current term will expire on March 23, 2004. The Commission members ratify rules and standards applicable to classified civil service positions in the Fire and Police departments and the enforcement and effect of the Civil Service statutes. Members are appointed by the City Manager as per Texas Local Government Code 143.006, and ratified by the governing body. The term for these appointments is three years and the meetings are held as needed. There are three members of the Commission as required by law and the Director of the Commission is Scott Snider. City Manager recommended approval of this resolution. (32.) Resolution No. 2004-RO139 in support of a grant application in the amount of $48,000 in response to a request for purchase (RFP) from South Plains Association of Governments (SPAG) and the Texas Commission on Environmental Quality (TCEQ) for fiscal year 2004 Solid Waste Grant Programs. The grant application requests $48,000 in funds to purchase a yard waste/brush chipper. RESOLUTION NO.2004-RO139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF LUBBOCK IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF LUBBOCK WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS THE TEXAS COMMISSION ON ENVIRONMNETAL QUALITY AND THE STATE OF TEXAS. 249 Regular City Council Meeting March 23, 2004 Page 250 WHEREAS, the South Plains Association of Governments is Texas Commission on Environmental directed by the admster funds for implementation of the COG's adopted regional Waste waste grant Plan; and ste management WHEREAS, the Citv of Lubbock in the State of Texas is ualified giant funds under the Request for Applications. q to apply for NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL CITY OF LUBBOCK, TEXAS; OF THE 1 • THAT the City of Lubbock City Maria er is authorized to request funding under the South Plains Association of Governments Request or Applications of the Regional Solid Waste Grants Program and act on behalf of the it of Lubbock in all matters related to the grant application and any subsequent grant contract and grant project that may result. 2• THAT if the project is funded, the City of Lubbock will comply with the grant requirements of the South Plains Association of Governments, Texas Commission on Environmental Quality and the State of Texas. 3. THAT the grant fiends and any grant -funded equipment or facilities will be used only for the purposes for which they are intended under the grant. 4• THAT activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sherry Stephens Acting Director Terry Ellerbrook Managing Director of Public Works APPROVED AS TO FORM: /s/ AM L. Sims Amy L. Sims, Assistant City Attorney HB 3072 mandates that the TCEQ return to local governments a portion of the state surcharge ($1.25 per ton) collected on landfill tipping fees. The funds are apportioned to each Council of Governments based on a formula that includes, but is not limited to, population, need, and number of counties in the Council area. The Councils then conduct a competitive grant application process to address the needs of their specific region. This year, SPAG has approximately $181,000 available for pass -through implementation projects. The SPAG Solid Waste Advisory Committee has chosen to limit each single jurisdiction award to a maximum of $58,000. The Solid Waste Services Department's grant application is for the purchase of a yard waste/brush chipper. The chipper will be used to turn brush and yard trimmings collected at the recycling drop-off centers into mulch. The mulch will be given away to residents who can use it for a variety of projects and purposes. The benefits of this program will be a higher quality mulch product given to citizens at the Recycling Drop-off Centers. This should increase the number of people using the mulch and 250 Regular City Council Meeting March 23, 2004 Page 251 visiting the drop-off centers. In FY, 02-03, 846 tons of yard trimmings were collected at the 3 recycling drop-off centers and diverted from landfill disposal. Another 5,985 tons of yard waste was diverted from the landfill via other programs. FISCAL IMPACT: This grant is for a one-time expenditure for equipment and will have no impact on the Solid Waste budget. If the grant is not received, the equipment will not be purchased. Staff recommended approval of this resolution. (33.) Resolution No. 2004-RO140 authorizing the Mayor to approve the termination of the ground lease agreement between the City of Lubbock and Lane McClanahan (Aviation). RESOLUTION NO.2004-RO140 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Letter terminating the lease agreement between Lane McClanahan and Lubbock International Airport. Said Letter is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2004-R0140. Since July 30, 1998, Lane McClanahan has leased 11,000 square feet of land on Airport's west ramp to accommodate his 4,800 square foot hangar. Mr. McClanahan is selling his hangar to Jim and Sheri Killion. This agenda item authorizes the cancellation of the land lease agreement with M •. McClanahan. Mr. Killion leased the same square footage at the same -ate as the McClanahan lease. FISCAL IMPACT: There will be no fiscal impact. The Airport Board and staff recommended approval of this resolution. (34.) Resolution No. 2004-RO141 authorizing the Mayor to approve a ground lease agreement between the City of Lubbock and Jim and Sheri Killion (Aviation). 251 Regular City Council Meeting March 23, 200� Page 252 RESOLUTION NO.2004-RO141 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 Lease Agreement with Jim Killion at Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2004-R0141. Jim and Sheri Killion are purchasing the 4,800 square foot hangar from Lane McClanahan. This agenda item authorizes a new land lease with Jim and Sheri Killion. The lease will be for 11,000 square feet of land for $.1204 per square foot per year. The revenue will be $1,324.40 annually or $110.37 monthly. The term will be for 30 years with one additional three-year option. FISCAL IMPACT: There will be no fiscal impact. The lease will be the same square footage at the same rate as the McClanahan lease. The Airport Board and staff recommended approval of this resolution. (35.) Resolution No. 2004-RO142 authorizing the Mayor to approve the termination of the lease agreement between the City of Lubbock and General Services Administration (GSA) for the Transportation Security Administration (GS-0711-15337)(Aviation). RESOLUTION NO. 2004-RO142 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 Supplemental Lease Agreement terminating Lease Agreement GS-07B-15337 with GSA at Lubbock International Airport. Said Supplemental Lease 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. 252 Regular City Council Meeting March 23, 2004 Page 253 Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2004-R0142 This agenda item authorizes the cancellation of lease agreement GS-07B-15337 between the City of Lubbock and the General Services Administration (GSA) for the Transportation Security Administration (TSA) for 4,610 square feet of administrative office space on the west side of the airport. The cancellation will become effective June 30, 2004, four months prior to its expiration on October 31, 2004. The GSA currently has two leases with the City; one lease for administrative office space on the west side of the airport, and the other for screening staff in the terminal building. In November 2003, the GSA/TSA advised us that they were not interested in renewing their lease for the office space on the west side of the airport when it expires. The GSA/TSA requested that they be let out of the lease early. The GSA/TSA advised that they had found office space in the downtown area that they intended to lease. To offset the loss in revenue the City would experience if this lease were cancelled prior to its expiration, the GSA/TSA expressed interest in leasing an additional 1,278 square feet of space in the terminal. After several discussions, the GSA/TSA advised that they would be willing to begin leasing additional space in the terminal on April 1, 2004, three months prior to the proposed June 30, 2004 cancellation, specifically to offset any loss to the City. Terminating this lease four months early will result in a loss of $10,756.64. However, if the amendment to the lease agreement GS-0713-15338 is approved, $16,132.41 will come in by October 31, 2004. FISCAL IMPACT: If this resolution is approved in conjunction with the amendment lease agreement GS-07B-15338, the City will earn $5,375.77. The Airport Board and staff recommended approval of this resolution. (36.) Resolution No. 2004-R0143 authorizing the Mayor to approve an amendment to the lease agreement between the City of Lubbock and General Services Administration (GSA) for the Transportation Security Administration (GS-07B-15338) (Aviation). 253 Regular City Council Meeting March 23, 2004 Page 254 RESOLUTION NO.2004-RO143 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Lease Agreement GS-07B-15338 with GSA at Lubbock International Airport. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Amendment is filed with Resolution No. 2004-R0143. The GSA currently leases 488 square feet of space in the terminal building for the screening staff. The TSA has requested an additional 1,278 square feet of space to allow room for their screening manager, a training room, and equipment storage that is currently housed in the administrative office space on the west side of the airport. The GSA/TSA has agreed to begin leasing the additional space in the terminal effective April 1, 2004 to offset any revenue loss that would be incurred if they were let out of their west side lease on June 30, 2004. This agenda item allows for an amendment to lease GS-078-15338 increasing the square footage in the lease from 488 to 1,766, which will increase annual rent from $7,564.00 to $27,655.56. FISCAL IMPACT: This amendment increases revenue by $20,091.56 annually. The Airport Board and staff recommended approval of this resolution. (37.) Resolution No. 2004-RO144 - RFP #251-03/RS authorizing the Mayor to sign a Pool Management Services Agreement with USA Pools for the 2004 swim season (Park and Recreation). RESOLUTION NO.2004-RO144 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 pool management, by and between the City of Lubbock and USA Pool Management Inc., 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. 254 Regular City Council Meeting March 23, 2004 Page 255 Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs _ 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 the Contract is filed with Resolution No. 2004-R0144. As an on -going process, the Park and Recreation Department evaluates current programming to ensure that staff offers the most cost efficient and effective programming. Recently, staff initiated a request for proposal (RFP) related to pool services. The Park Department sought bids for the management of the four Municipal Swimming Pools for the 2004 swim season. The location of each pool is as follows: Clapp Swimming Pool Maxey Swimming Pool Mae Simmons Swimming Pool Montelongo Swimming Pool 42nd and Avenue U 30`h and Oxford Avenue 24`h and MLK Amherst and Gary Avenue This service will provide supervisors, pool managers, lifeguards and chemicals. Park staff will provide a cashier and/or concessionaire at each facility to collect all revenues and perform daily cash handling procedures. Staff will continue to perform maintenance/repairs at the facilities. On the RFP closing date, staff received one proposal from USA Pools to provide the previously mentioned services for $119,580. The contract period will be for the 2004 swim season, with an option to renew for the 2005 and 2006 seasons. On February 24, 2004, the Parks and Recreation Board recommended that the City Council approve this agreement. FISCAL IMPACT: Budget FY 2003-04: Part Time Salary Social Security Chemicals 5227.8003 5227.8033 5227.8114.04292 TOTAL Payment to USA Pools Additional Staffing for Pool Parties TOTAL NET SAVINGS OF: $116,975 $ 8,949 $ 10,000 $135,924 $119,580 $ 6,096 $125,676 $ 10,248 FY 2003-04 255 Regular City Council Meeting March 23, 2004 Page 256 There is an option to renew this agreement for the 2005 and 2006 season. The fees will be increased by 5% each year. Payment to USA Pools Additional Staffing for Pool Parties TOTAL NET SAVINGS OF: FY 2004-05 $125,559 6,096 $131,655 $ 4,269 [FY2004-05] TOTAL THREE YEAR SAVINGS: $ 12,514 FY2005-06 $131,831 6,096 $137,927 ($ 2,003) [FY 2005-06] Staff and the Park and Recreation Board recommended that the City of Lubbock enter into a one-year agreement with the option to renew for two additional years with USA Pools to supply Pool Management Services to all four municipal swimming pools. The next item considered was Item 39. (38.) Resolution No. 2004-RO155 - BID #050-04/RW for Video Detection Equipment (Traffic Engineering - Operations). RESOLUTION NO.2004-RO155 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #050-04/RW for video detection equipment, by and between the City of Lubbock and Texas Highway Products of Round Rock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 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-R0155. This item was moved from consent agenda to regular agenda and was considered following Item 25. This bid is for the purchase of video detection equipment for detecting the movement of traffic at the intersections of 82"d Street and University Avenue, 82"d Street and Quaker Avenue, and Erskine Street and North Indiana Avenue. The video detection eliminates the need to cut the street pavement for the installation of loop detectors. Video detection takes less time to replace as opposed to cutting a new loop when the pavement or loop cable no longer is operable. 256 Regular City Council Meeting March 23, 2004 Page 257 The video detection equipment is being purchased from the Texas Department of Transportation contract #60144-3-459-D. FISCAL IMPACT: A total of $1,030,000 was appropriated and $600,000 is available in project number 9296 (Traffic Signals) for this purpose. Award contract to Texas Highway Products of Round Rock, Texas for $46,860. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2004-RO155 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 40. (39.) Resolution No. 2004-RO145 - BID #017-04/RW for Traffic Signal Equipment (Traffic Engineering - Operations). RESOLUTION NO.2004-RO145 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #017-04/RW for traffic signal equipment, by and between the City of Lubbock and Consolidated Traffic Controls, Inc. 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. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /S/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0145. This item was considered following Item 37. This bid is for the purchase of various traffic -signal equipment including brackets, tubes, arms and pedestrian push buttons, Traffic Operations will use this equipment to upgrade traffic signals and for new installations at various locations within the City of Lubbock. Four local businesses were notified of this Invitation to Bid. FISCAL IMPACT: A total of $1,095,000 was appropriated and $1,095,000 is available in project number 9296 (Traffic Signals) for this purpose. Award bid to Consolidated Traffic Controls, Inc. of Arlington, Texas for $25,288.74; Hi -Tech Signals of Fort Worth, Texas for $1,155.00; Naztec, 257 Regular City Council Meeting March 23, 2004 Page 258 Inc. of Sugarland, Texas for $6,099.67; and ACM Highway Products of Round Rock, Texas for $762.24. The next items considered were Items 41-45. (40.) Resolution No. 2004-RO156 - BID #022-04/RS for Runway/Taxiway Paint — Annual Pricing (Airfield Operations). RESOLUTION NO.2004-RO156 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for runway/taxiway paint — annual pricing, by and between the City of Lubbock and Allstates Coatings Company of Gladewater, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0156. This item was moved from consent agenda to regular agenda and was considered following Item 38. This bid establishes annual pricing for airport runway/taxiway striping and paint used on concrete asphalt surfaces. FAA regulations specify that the markings must be repainted to maintain certification. Paint must meet Federal Specification TT-P-1952 B Waterborne lead-free paint and must be delivered in 330-gallon lots in 55-gallon sealed containers within 72 hours of notification by the Airport. Firm pricing is good for one year with an option to renew annually for up to two additional one-year terms. Thirty-five local businesses were notified of this Invitation to Bid. The low bidder has agreed to sell these items to other governmental entities, which have cooperative purchasing agreements with the City of Lubbock. FISCAL IMPACT: A total of $25,525 was appropriated and $25,525 is available in project number 8269 Aviation Operation System Maintenance for this purpose. Award bid to Allstates Coatings Company of Gladewater, Texas for $12,101. 258 Regular City Council Meeting March 23, 2004 Page 259 Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2004-RO156 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. At this time, City Manager Lou Fox introduced James Loomis, the new Director of Aviation. The next item considered was Item 46. Items 41-45 were considered following Item 39. (41.) Resolution No. 2004-RO146 - BID #023-04/DC for Meal Service for Senior Citizen Centers (Park and Recreation). RESOLUTION NO. 2004-RO146 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 meals service for senior citizen centers, by and between the City of Lubbock and South Plains Food Bank, Inc., of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 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-R0146. The purpose of this bid is to contract a food service provider for the Senior Meal Program. The program serves approximately 68,000 hot meals annually to senior citizens of Lubbock. These meals are served five days per week at five sites located in Lubbock. Meal service will fulfill one-half of the recommended daily allowance for seniors 60 years of age and older. One hundred twenty-four local businesses were notified of this Invitation to Bid. FISCAL IMPACT: A total of $169,200 was appropriated and $169,200 is available in project number 84012.8302 (Professional Services) for this purpose. Award contract to South Plains Food Bank, Inc. of Lubbock, Texas for $165,600. (42.) Resolution No. 2004-R0147; Resolution No. 2004-RO148 - BID #028-04/DC for Community Development Repair or Replacement of Energy Units (Community Development). 259 Regular City Council Meeting March 23, 2004 Page 260 RESOLUTION NO.2004-RO147 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award as secondary contractor for Community Development repair or replacement of energy units, by and between the City of Lubbock and Arguijo Heating & A/C of Whiteface, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0147. RESOLUTION NO.2004-RO148 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award as primary contractor for Community Development repair or replacement of energy units, by and between the City of Lubbock and Bruce Thornton A/C Inc. of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman Victor Kilman, Purchasing Manager 260 Regular City Council Meeting March 23, 2004 Page 261 APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0148. This bid establishes one-year pricing for the State Comprehensive Energy Assistance Program (CEAP) for repair, replacement, or retrofit of inefficient heating and cooling systems, water heaters, and refrigerators. The goal of the program is to reduce energy costs for low-income families. -` The work for the current CEAP grant must be completed by December 31, 2004. Primary and secondary contractors are recommended for contract award in order to assist in meeting the deadline of the grant. One-year pricing will allow the City to continue the program in 2005 should the City receive the CEAP grant for next year. FISCAL IMPACT: A total of $399,503 was appropriated and $153,000 is available in project number 82007 (CEAP Grant) for this purpose. Award contracts to Bruce Thornton A/C, Inc. (Primary Contractor) of Lubbock, Texas for $125,800.28 and Arguijo Heating & A/C (Secondary Contractor) of Whiteface, Texas for $151,100. (43.) Resolution No. 2004-R0149 - BID #031-04/RS for heating, ventilating and air-conditioning filters — Annual Pricing (Facilities Management). RESOLUTION NO. 2004-R0149 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for heating ventilating and air conditioning filters — annual pricing, by and between the City of Lubbock and Filtration Concepts of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 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-R0149. This bid establishes annual pricing for various filters for the City's heating, ventilating and air-conditioning (HVAC) systems. The filters will be delivered on monthly and quarterly schedules for the following buildings: Municipal Square, Municipal Building, Mahon Library, Groves Library, Patterson Library, Godeke Library, Fleet Services, Solid Waste, 261 Regular City Council Meeting March 23, 2004 Page 262 Traffic Sign & Signal, Animal Shelter, Health Department, Municipal Hill, Police Academy, Facilities Management Shop, Parks Offices, Buddy Holly Center, Garden & Arts, Streets building and Lubbock Business Center. The contractor will arrange, package, and label filters for each individual HVAC unit. Firm pricing is good for one year, with an option to renew annually for up to two additional one-year terms. Twelve local businesses were notified of this Invitation to Bid. The low bidder has agreed to sell these items to other governmental entities, which have cooperative purchasing agreements with the City of Lubbock. FISCAL IMPACT: A total of $48,000 was appropriated and $10,217 per year is available in project number 2510.8228 (Building Maintenance HVAC System Filters) for this purpose. Award bid to Filtration Concepts of Lubbock, Texas for $9,119.90. (44.) Resolution No. 2004-R0150 - BID #033-04/RS for Fire Training Academy concrete slabs and alley paving (Fire Department - Training). RESOLUTION NO.2004-R0150 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 Fire Training Academy concrete slabs & alley paving, by and between the City of Lubbock and C. B. Thompson Construction Company of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney 262 Regular City Council Meeting March 23, 2004 Page 263 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd 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 C. B. Thompson Construction Company, 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 #033-04/RS - FIRE TRAINING ACADEMY CONCRETE SLABS & ALLEY PAVING - $49,989.50 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the Performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Harland D. Stauffer 4/12/04 Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney C. B. Thompson Construction Company By: /s/ Terry Y. Thompson PRINTED NAME: Terry Y. Thompson TITLE: President COMPLETE ADDRESS: C. B. Thompson Construction Company P. O. Box 6456 Lubbock, Texas 79493 ATTEST: Corporate Secretary This bid involves construction of approximately 9,730 square feet of four -inch thick concrete slab sidewalk, which includes all sub -grade preparation, forming, spoil disposal, reinforcement, jointing and backfilling. Also included is approximately 4,130 square feet of standard concrete alley paving, including all sub -grade preparation, forming, spoil disposal, reinforcement, jointing and backfilling. The construction will take place in the field training area of the Fire Training Academy located at 1515 Ursuline Avenue. 263 Regular City Council Meeting March 23, 2004 Page 264 Time for completion of this project is 30 consecutive calendar days and liquidated damages is $250 per day. Sixty local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $145,000 was appropriated and $55,000 is available in project number 90234 (Fire Training Academy) for this purpose. Award contract to C.B. Thompson Construction Company of Lubbock, Texas for $49,989.50. (45.) Resolution No. 2004-R0151; Resolution No. 2004-RO152 - BID 036-04/11M for water and sewer line materials for projects ahead of freeway (Water Engineering). RESOLUTION NO. 2004-RO151 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #036-04BM for water and sewer line materials, by and between the City of Lubbock and O'Tool Industries of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 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-RO151. RESOLUTION NO.2004-RO152 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #036-04/13M for water and sewer line materials, by and between the City of Lubbock and Vaughn Concrete Products of Amarillo, 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. 264 Regular City Council Meeting March 23, 2004 Page 265 Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 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-RO152. This bid is for the purchase of water and sewer system material needed to reroute water and sewer lines ahead of the Marsha Sharp Freeway project. Water system materials include PVC water pipe with valves, fittings and accessories. Sewer system materials include PVC sewer pipe and pre -cast concrete manholes. Steel casing is also needed to install water and sewer lines under proposed paved areas. The materials ordered will allow existing water and sewer lines to be relocated along 4ch Street from Avenue G to Detroit Avenue. Twenty-seven local contractors were notified of this Invitation to Bid. This bidder has agreed to sell this item to other governmental entities, which have cooperative purchasing agreements with the City of Lubbock. FISCAL IMPACT: A total of $345,000 was appropriated and $345,000 is available in project number 9742 (Water Lines Ahead of Marsha Sharp Freeway/Sewer Lines Ahead of Marsha Sharp Freeway) for this purpose. Award bids to O'Tool Industries of Lubbock, Texas for $84,335.60; Vaughn Concrete Products, Inc. of Amarillo, Texas for $29,737; Lobo Equipment, Inc. of Levelland, Texas for $19,844; Benmark Supply Company, Inc. of San Angelo, Texas for $18,313; Sims Plastics, Inc. of Odessa, Texas for $7,390; Western Industrial Supply of Lubbock, Texas for $6,903.23; and KW Sharp of Lubbock, Texas for $3,385. The next items considered were Items 24-25. (46.) Resolution No. 2004-RO157 - BID #015-04BM for Lopez Park Irrigation Wells (Public Works). RESOLUTION NO.2004-RO157 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU13BOCK: 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 Lopez Park irrigation wells, by and between the City of Lubbock and Acosta Drilling of Lamesa, 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. 265 Regular City Council Meeting March 23, 2004 Page 266 Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 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 23rd 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 Acosta Drilling, of the City of Lamesa, County of Dawson, 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 #015-04BM - Lopez Park Irrigation Wells - $39,629.70 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 266 Regular City Council Meeting March 23, 2004 Page 267 CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Wood Franklin Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney Acosta Drilling By: /s/ Victor M. Acosta, Jr. PRINTED NAME: Victor M. Acosta, Jr. TITLE: Owner COMPLETE ADDRESS: Acosta Drilling P. O. Box 1221 Lamesa, TX 79331 ATTEST: Corporate Secretary This item was moved from consent agenda to regular agenda and was considered following Item 40. This project involves material and labor to drill and complete two water wells for irrigating Lopez Park. The contractor will drill and complete, develop and test, and provide surface wellheads, concrete pads and conduit for the two wells. The purpose of this project is to replace the use of potable water with on -site well water to irrigate Lopez Park. Reduction in the volume of City water for irrigation will enable more usage of the potable City water for direct human consumption where potable water is required. The development of irrigation wells will aid in the overall water conservation plan for Lubbock. Time for completion of this project is 30 consecutive calendar days and liquidated damages is $500 per day. Nine local contractors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $112,000 was appropriated and $93,807 is available in project number 6111 (Lopez Park Water Wells) for this purpose. Award contract to Acosta Drilling of Lamesa, Texas for $39,629.70, Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2004-RO157 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next items considered were Item 47-48. ORDINANCES FOR PASSAGE Second Reading (47.) ORDINANCE NO. 2004-00030—Zone Case No. 2305-H (301 Utica Avenue): Continued from March 4, 2004, the 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). 267 Regular City Council Meeting March 23, 2004 Page 268 ORDINANCE NO.2004-00030 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2305-H; A ZONING CHANGE FROM AM SPECIFIC USE TO AM SPECIFIC USE FOR A BANK BUILDING ON LOTS 1, 2, 3 AND A PORTION OF LOTS 4 AND 6A, WHISPERWOOD OFFICE PARK, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2004-00030 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Gilbreath recused himself. (48.) ORDINANCE NO. 2004-00035 (2202 7" Street): Ordinance abandoning and closing two 20 foot alleys located in Blocks 66 and 67, Overton Addition, and 7ch Street between Avenue V and Avenue W, Overton Addition to the City of Lubbock (second and final reading). Motion was made by Council Member Morrison, seconded by Council Member Martin to pass on second and final reading Ordinance No. 2004-00035 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. ORDINANCE NO.2004-00035 AN ORDINANCE ABANDONING AND CLOSING TWO 20-FOOT ALLEYS LOCATED IN BLOCKS 66 AND 67, OVERTON ADDITION, AND 7TH 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. The next item considered was Item 58. PUBLIC ZONING HEARINGS 11:31 A.M. (49.) Ordinance No. 2004-00039 - ZONE CASE NO. 3000 (south of Main Street between Avenue V and Avenue W): Continued from March 4, 2004, 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 three-story town homes with reduced front setbacks on Lots 1-12, Block 71, Overton Addition (first reading). ORDINANCE NO. 2004-00039 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3000; A ZONING CHANGE FROM R-2 TO A-2 SPECIFIC USE FOR 3-STORY TOWNHOMES WITH REDUCED FRONT SETBACKS ON LOTS 1-12, BLOCK 71, OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 54. Mayor Pro Tem. Patterson opened the public hearing at 11:34 a.m. David Miller, McDougal Construction appeared on behalf of Humphreys & Partners, L.P. Walker Metcalf, Diane Burchard, Mia Maddox, Billie White, Sam Dunn and Roger Settler appeared in opposition. Mayor Pro Tem Patterson closed the hearing at 12:12 p.m. 268 Regular City Council Meeting March 23, 2004 Page 269 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. The Planning Commission denied the request with a split vote, because property owners' comments contended that there were increased parking issues on Broadway, congestion in the alley and three-story construction. 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 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 Texas Tech University and not because of any individual development or business. The alley is currently paved. Several of the businesses have become accustomed to having the alley primarily to themselves. 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 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 Gilbreath said that he would vote today, but he wants to visit with both sides before the second reading. Motion was made by Council Member Martin, seconded by Council Member Morrison to overturn Planning and Zoning for Ordinance No. 2004-00039. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. 269 Regular City Council Meeting March 23, 2004 Page 270 The next items considered were Items 50-51. 12:22 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room 1:35 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tern T. J. Patterson, Council Member Gary 0. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison; Lou Fox, City Manager; Anita Burgess, City Attorney; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney Absent: Council Member Hernandez Items 50-51 were the first items considered after the meeting reconvened. (50.) Ordinance No. 2004-0 - ZONE CASE NO. 1647-B (west of I-27 and south of North Loop 289): Hold a public hearing to consider an appeal of Lamar Outdoor Advertising for a zoning change from IHI to M-1 Specific Use for a billboard and all unconditionally permitted IHI Uses on Lot 2 Windswept Addition and on an unplatted .309 acre tract of land out of Section 15, Block A first reading). This item failed. Mayor McDougal opened the public hearing at 1:35 p.m. Gary Walker, Lease Manager, appeared on behalf of Lamar Outdoor Advertising. No one appeared in opposition. Mayor McDougal closed the hearing at 1:39 p.m. The request would accommodate a billboard on a tract of land west of I-27 inside Loop 289. The Planning Commission recommended denial of the request with an 8-0 vote. Adjacent land uses: North — Loop 289 South — vacant East — I-27 West — vacant, owned by O'Hair Shutter The proposal is not consistent with the Comprehensive Land Use Plan or zoning policy. The parcel is currently zoned "Interstate Industrial" and is within the I-27 Policy Area established during the development of the Strategies for Responsible Growth Corridor Plan in 1985-1986. A determination by the Planning Commission and the City Council during adoption of the policy and the new districts was that the elimination of billboards within the corridor would create more safety for the motorist because of less visual congestion, thus a safer and less cluttered "front door" that I-27 would become for the City of Lubbock. The suggestion made during the Corridor Study and the RTKL Downtown Plan that I-27 would become a "front door" for Lubbock has proved true. The commercial and industrial portions of the Interstate corridor were rezoned in late 1986. The billboards that existed along the corridor at the time of the rezoning remain as non -conforming. Billboards are treated as a land use within the zoning code, versus the process for site signage allowed on each individual lot or development. Both the Interstate Commercial District and Interstate Industrial District do not have "billboard" as a permitted use. The staff provided discussion to the Planning Commission about two background items, one related to the Freeway corridor specifically and the second to billboards in general: 270 Regular City Council Meeting March 23, 2004 Page 271 Logo Signs TxDOT will now allow business owners along I-27 to work with a private vendor (Texas Logos, L.P.) under contract to the State for sales and installation of informational signs at freeway exits (the small blue logo signs that Council members may have seen on freeways in other parts of the State). This is a recent decision by TxDOT. While some locations will not be eligible for the small signs because of Federal design standards, Texas Logos has begun to contact business owners that will be eligible to purchase the signs. The City staff has worked on this for the last fifteen years with our Legislative representatives and Lubbock TxDOT, and they are pleased to see Lubbock finally eligible for the signs. The thinking in the past was that the freeway signs would reduce the need for billboards that provide traveler information. The ability of travelers on I-27 to see information related to travel related services and exit at the correct location is a huge benefit. Because of the style of construction on I-27 and the location of bridges, most travelers cannot exit at the correct location when they see a particular business along the street regardless of how large or tall their sign. Background Discussion of outdoor advertising, or off -premise advertising commonly referred to as billboards, has been a topic of debate in Lubbock for more than thirty years. The debate is nation wide. In 1975 Lubbock was at the forefront of regulation of both signs (on -premise) and billboards with the adoption of the Zoning Code in use today. Since that time, an extensive amount of legislation and litigation has occurred nationwide. The billboard lobby has a powerful voice at the State and National level. The outdoor advertising industry contends that billboards are a service to the traveling public and an essential element of advertising for business and civic groups. Several groups have been formed that hold an alternate or opposite view of billboards. Scenic Texas is a State organization with an affiliation with Scenic America that actively promotes either banning or strict control of billboards. Scenic America contends that billboards create significant visual distractions for drivers, thus causing safety problems, in addition to the contention that outdoor advertising causes visual blight along urban and rural highways. A cartoon in one anti -board publication refers to billboards as "litter on a stick". The regulation of billboards by the Zoning Code in Lubbock is no longer at the cutting edge. Many states (Vermont, Hawaii, Maine and Alaska) and cities in Texas (129 listed by Scenic Texas) have banned construction of new boards, although for many the ban came too late in terms of the number of existing boards that would remain nonconforming for years. The reason for this background information is to bring a topic of discussion to the Planning Commission and City Council related to not only this request but also future cases. In fairness to Lamar and as informative to the staff, whether rezoning for billboards is going to be an up or down hill process should be established. The Council heard a flurry of cases resulting from the most recent round of removals as directed by the Court Order from 1986 (an agreement inherited by Lamar with the City of Lubbock regarding the economic life of numerous billboards that were made nonconforming by the 1975 Zoning Ordinance, as established by a Municipal Sign Board) and dislocations caused by the Marsha Sharp Freeway. To regain a focus regarding billboards about whether or not it is the intent of the Planning Commission and City Council for the provisions of the Interstate zoning districts and numerous commercial ordinances in various parts of the City that exclude billboards as a permitted use are going to remain intact should be addressed. The staff requested that the Planning Commission host a work session in the next few months. The request of staff will be to confirm current policy or if a change is 271 Regular City Council Meeting March 23, 2004 Page 272 warranted. The Commission indicated an interest in having a work session. Lubbock has thirty years of direction towards diminishing the number of billboards in town. Some residents favor wholesale removal, some favor relaxing the current restrictions. The staff position is to allow the current legal and nonconforming boards (until their conformance date for those listed in the Order) to maintain a status quo. Numerous sites remain available for permits, although those sites may not be the most advantageous for the needs of the outdoor advertising industry. Present and past staff representatives of the Planning Department are not advocates of billboards. Across the country, the planning profession has been heavily involved in either eliminating or strong regulation of billboards. Staff did not recommend approval of the request and the Planning Commission denied the request. Lamar Outdoor appealed the denial to the City Council. FISCAL IMPACT: Not applicable. Staff supported the denial by the Planning Commission. Randy Henson, Senior Planner, gave staff comments and answered questions from the Council. For the sake of brevity, Mr. Henson asked Council to adopt the backup comments. Council Member Boren stated for the sake of history, he wanted to state that each time Mr. Henson brings up billboards, there is the same information, the same give and take. Council Member Boren referred back to what he thought was an improper briefing in executive session, when a previous city manager brought in previous personnel to give Council a pictorial history of Lubbock in billboards and why they should always be against billboards. He further stated that if it's good enough for TxDOT, I think we should be sensitive to people and let these things happen. It keeps a balance. Council Member Gilbreath stated that in council backup, staff had suggested that the Planning and Zoning Commission should hold a work session in order to consider possible changes. He asked Mr. Henson if that had been set up. Mr. Henson stated it had not been set up, but that he thought it would be beneficial to hold work sessions to individually bring them up to speed. Motion was made by Council Member Morrison, seconded by Council Member Boren to overturn Planning and Zoning's decision. Motion failed: 5 Yeas, 1 Nay. Council Member Martin voted Nay. Note: 6 votes were needed to overturn. (51.) Ordinance No. 2004-00042 - ZONE CASE NO. 3002 (2602 34" Street): Hold a public hearing to consider a request of Joe Menaldi (for Joe Maddox) for a zoning change from C-3 to C-4 limited to auto glass sales and service and all unconditionally permitted C-3 uses on Lot 24 and the east part of 23, Block 5, College View Addition (first reading). ORDINANCE NO. 2004-00042 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3002; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR AUTO GLASS SALES AND SERVICE AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON LOT 24 AND THE EAST PART OF LOT 23, BLOCK 5, COLLEGE VIEW ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 272 Regular City Council Meeting March 23, 2004 Page 273 Mayor McDougal opened the public hearing at 1:54 p.m. Joe Menaldi appeared on behalf of himself and Joe Maddox. No one appeared in opposition. Mayor McDougal closed the hearing at 2:06 p.m. The request would provide for a former service station with an enclosed canopy to be used for an auto glass replacement and repair facility. Adjacent land uses: North — single family South — commercial East — commercial West — commercial The property is currently zoned C-3 which would allow a quick tune business or a service station, but not the heavier automotive related uses. The request is to limit the C-4 to one permitted use — auto glass sales and service and all permitted C-3 uses. The building was used for a car stereo installation facility at one time and was originally a service station. During the Planning Commission meeting, adjacent owners and a representative of the UNIT Neighborhood Association opposed the proposed change, based primarily on the condition of the building and a business next door (car stereo). In the first vote on the case the Commission denied the request. After some discussion in the hall, both the neighbors and the applicant came back to the meeting and requested reconsideration. The opposition amended their position and supported the request. The request is not consistent with the current Comprehensive Land Use Plan, as C-4 is targeted at state or regional level streets. To address that issue, the applicant has limited the proposed C-4 use to only one permitted C-4 business. At least three other C-4 (limited) cases have been approved within two blocks. During the hearing, the Commission noted that a number of permitted uses in various zoning districts should be reviewed. Using this request as an example, the automotive glass use is probably one that could be inserted in C-3, as it is typically no heavier in impact that a service station or quick tune that are currently permitted in C-3. The Commission will take up that discussion at a later date. The Planning Commission recommended approval of the request, including a minor Comprehensive Land Use Plan change and one condition: 1. Use of the property shall be limited to automotive glass shop and all unconditionally permitted C-3 uses. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Randy Henson, Senior Planner, gave comments. Council Member Morrison stated there had been much discussion about trying to beautify or upgrade 341h Street. Council Member Gilbreath stated as long as Mr. Menaldi had neighborhood consent, he thought it should be okay. Council Member Boren stated he had received many calls about late neighborhood noises. Council Member Martin asked Mr. Henson questions about what zoning would allow the auto glass shop, but make it where no car stereo shop could come in. Mr. Henson said he would have to check his book to see if radio sales are C-2A or C-2 Use. 273 Regular City Council Meeting March 23, 2004 Page 274 Motion was made by Council Member Martin, seconded by Council Member Boren to lay this item on the table. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 55-56. This item was reconsidered after Item 56. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to approve a C-4 specific use permit limited to auto glass store and expiring one year from today (March 23, 2005) and at the same time direct the Planning and Zoning Commission to initiate a case to amend the comprehensive zoning ordinance moving auto glass stores from C-4 to C-3 as a permitted use. Motion carried: 5 Yeas, 1 Nay. Council Member Boren voted Nay. The next item considered was Item 57. Items 52-54 were considered following Item 64. (52.) Ordinance No. 2004-00036 - ZONE CASE NO. 3003 (west of Juneau Avenue and south of 98`h Street): Hold a public hearing to consider a request of Hugo Reed and Associates, Inc. (for Carl Mortenson) for a zoning change from T to R-1 Specific Use for reduced setbacks — 20' front, 5' on cul-de-sac lots, and 5' side setback on corner lots on 116.8 acres of unplatted land out of Section 21, Block AK first reading). ORDINANCE NO. 2004-00036 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3003; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 116.8 ACRES OF UNPLATTED LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:31 a.m. No one appeared on behalf of Hugo Reed and Associates, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 11:32 a.m. The request follows a number of cases in the last several years for a new standard for setback in single family. Adjacent land use is residential in all directions. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The Planning Commission recommended approval with the following conditions: 1. A minimum twenty -foot of front setback on regular lots. 2. A minimum of five feet of front setback on cul-de-sac lots with the exception of garages, which must have a minimum of twenty feet of setback. 3. A minimum of five foot of side setback from side streets on corner lots. 4. When alleys are paved and access to the garages is from that alley, the backyard fence adjacent to side streets shall meet the same five-foot setback as the home. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not applicable. 274 Regular City Council Meeting March 23, 2004 Page 275 Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on first reading Ordinance No. 2004-00036 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (53.) Ordinance No. 2004-00037 - ZONE CASE NO. 3004 (south of East Cornell Street and west of MLK Jr. Boulevard [MLK]): Hold a public hearing to consider a request of Lubbock Housing Authority (for CS Investments Texas GP) for a zoning change from R-1 to A-2 on 24 acres of unplatted land out of Section 1, Block A first reading). RESOLUTION NO.2004-00037 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3004; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON 24 ACRES OF UNPLATTED LAND OUT OF SECTION 1, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:31 a.m. No one appeared on behalf of Lubbock Housing Authority. No one appeared in opposition. Mayor McDougal closed the hearing at 11:32 a.m. The request would accommodate an apartment tract south of the closed Hunt Elementary and west of MLK. Adjacent land uses: North — Hunt Elementary and vacant South — residential East — vacant West — vacant The proposal is not in accordance with the current Comprehensive Land Use Plan, but is in basic accordance with the basic principles of how the Plan is formed. One issue that the staff discussed with the Planning Commission is the configuration of the proposed parcel. The vacant area between the parcel and MLK creates an assumption that the strip along MLK will be targeted for commercial at some point in the future. The case would be a non -policy zone change. But, until the North and East Study and Master Plan are completed staff will not know the desires of the property owners in the area. The Executive Director of the North and East Commission reviewed the zone case and does not see an issue. Since the two residential streets to the east of MLK are cul-de-sacs, having the portion adjacent to MLK as commercial may not create a future problem. Otherwise, the proposal is consistent with zoning policy and should have little effect on the thoroughfare system. The Planning Commission recommended approval of the request along with a motion that the change in zoning represents a minor amendment to the Comprehensive Land Use Plan. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. _ Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on first reading Ordinance No. 2004-00037 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (54.) Ordinance No. 2004-00038 - ZONE CASE NO. 3005 (south of 41h Street and east of Guava Avenue): Hold a public hearing to consider a request of Tim Smith (for Travis Place Apartments, Ltd.) for a zoning change from R-1 to A-2 for an apartment complex on an unplatted parcel of land out of Section 3, Block A first reading). 275 Regular City Council Meeting March 23, 2004 Page 276 ORDINANCE NO. 2004-00038 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3005; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON AN UNPLATTED PARCEL OF LAND OUT OF SECTION 3, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:31 a.m. No one appeared on behalf of Tim Smith. No one appeared in opposition. Mayor McDougal closed the hearing at 11:32 a.m. The request would accommodate an apartment tract south of East 4th Street and east of North Guava Avenue, adjacent to the intersection of those two streets with the Idalou Highway. Adjacent land uses: North — 4th Street/Idalou Highway intersection South — vacant East — vacant, the rest of the parent tract West — commercial and the Idalou Highway The proposal is not in accordance with the current Comprehensive Land Use Plan, but is in accordance with the principles of the Plan. The new apartment tract will surround a parcel at the corner of East 4th and Guava Avenue that will be reserved for commercial. The proposal is consistent with zoning policy and should have little effect on the thoroughfare system. The Planning Commission recommended the request to the City Council, and the motion including the minor amendment to the Comprehensive Land Use Plan. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on first reading Ordinance No. 2004-00038 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 49. PUBLIC HEARINGS Items 55-56 were considered following Item 51. 2:17 P. M. Water Utilities (55.) Ordinance No. 2004-00040 adopting revisions to the City of Lubbock's Drought Contingency Plan. Hold a public hearing to meet the public meeting requirements first reading). ORDINANCE NO. 2004-00040 AN ORDINANCE ADOPTING A CITY OF LUBBOCK DROUGHT CONTINGENCY PLAN; TO PROMOTE WISE AND RESPONSIBLE USE OF WATER; ESTABLISHING CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES RELATED TO DROUGHT OR SHORTAGES; PROVIDING A PENALTY FOR EACH DAY OF NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN, AND/OR DISCONNECTION OR DISCONTINUANCE OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. 276 Regular City Council Meeting March 23, 2004 Page 277 Mayor McDougal opened the public hearing at 2:17 p.m. No one appeared on behalf of the Drought Contingency Plan. No one appeared in opposition. Mayor McDougal closed the hearing at 2:18 p.m. These revisions to the Drought Contingency Plan (DCP) are more proactive than the current DCP. The Conservation Subcommittee of the Lubbock Water Advisory Commission (LWAC) developed and approved these revisions. They were also reviewed, amended, and approved by the LWAC at their February 25, 2004 meeting. Major components of the DCP are: • Three stages of drought contingency implementation versus the current four stages. Proposed stages of drought are: Mild, Chronic, and Acute (emergency); • Consideration of water supply and storage status when deciding to implement the various stages of the drought plan; and, • The DCP is more restrictive on water use than the current plan. Examples are: • Stage 2 restrictions of landscape irrigation to one day per week; Stage 2 operation of ornamental fountains prohibited except in specific situations; and, • Stage 2 restrictions on water use by hotels, motels, and restaurants. The Texas Commission on Environmental Quality (TCEQ) has proposed rules out for public comment on the requirements for municipal drought contingency plans. These rules, when finally adopted, may necessitate the revision of this proposed DCP. FISCAL IMPACT: Reduced water consumption through water conservation efforts could have a negative impact on water revenues. This reduction in revenue will be offset to a minimal degree with a reduction in treatment and electric costs. The Lubbock Water Advisory Commission recommended these ordinance revisions. Chester Carthel, Chief Engineer, Water Utilities, gave comments. Randy Henson, Senior Planner, also gave comments. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2004-00039 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (56.) Ordinance No. 2004-00041 adopting revisions to the City of Lubbock's Water Conservation Plan. Hold a public hearing to meet the public meeting requirements first reading). ORDINANCE NO.2004-00041 AN ORDINANCE ADOPTING THE CITY OF LUBBOCK WATER CONSERVATION PLAN; TO PROMOTE WISE AND RESPONSIBLE USE OF WATER; PROVIDING FOR TARGET GOALS; SUPPORTING PLUMBING RETROFIT PROGRAMS, REBATE PROGRAMS, REHABILITATION PROGRAMS, AND RECLAIMED WATER REUSE PROGRAMS; PROVIDING FOR ADMINISTRATIVE CHANGES; PROVIDING FOR SUPPORT OF EDUCATIONAL PROGRAMS; PROVIDING A PENALTY OF DISCONTINUANCE OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION PLAN; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. Mayor McDougal opened the public hearing at 2:17 p.m. No one appeared on behalf of the Water Conservation Plan. No one appeared in opposition. Mayor McDougal closed the hearing at 2:18 p.m. 277 Regular City Council Meeting March 23, 2004 Page 278 These revisions to the Water Conservation Plan (WCP) are more proactive than the current WCP. The Conservation Subcommittee of the Lubbock Water Advisory Commission (LWAC) developed and approved these revisions. They were also reviewed, amended, and approved by the LWAC at their February 25, 2004 meeting. The proposed plan sets water conservation strategies and priorities as follows: • Implementing structural programs that result in quantifiable water conservation results; • Developing, maintaining, and enforcing water conservation policies and ordinances; and, • Supporting public education efforts on water conservation and other related issues. Major components of the WCP are: • Target goals to reduce per capita water use from its current 190 gallons per person per day (gpcd) to 170 gpcd by 2010 and 150 gpcd by 2020; • Support plumbing retrofit programs; • Support rebate programs for installation of water conserving devices; • Support rehabilitation programs for the City of Lubbock's infrastructure to reduce water loss due to leaks; • Support programs using reclaimed water; • Develop and implement water conserving water rates; • Implementation of plumbing codes that are more stringent on water conservation than current plumbing codes; and, • Active enforcement of rules, codes, and regulations on water conservation. The Texas Commission on Environmental Quality (TCEQ) has proposed rules out for public comment on the requirements for municipal water conservation plans. These rules, when finally adopted, may necessitate the revision of this proposed WCP. FISCAL IMPACT: Reduced water consumption through water conservation efforts could have a negative impact on water revenues. This reduction in revenue will be offset to a minimal degree with a reduction in treatment and electric costs. The Lubbock Water Advisory Commission recommended these ordinance revisions. Chester Carthel, Chief Engineer, Water Utilities, gave comments. He gave Council a handout stating that where you formerly saw Director of Public Works, you would now see City Manager. Randy Henson, Senior Planner, also gave comments. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2004-00040 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. At this time, motion was made by Council Member Martin, seconded by Council Member Gilbreath, to remove Item 51 from the table. Motion carried: 6 Yeas, 0 Nays. The next item reconsidered was Item 51. 278 Regular City Council Meeting March 23, 2004 Page 279 2:36 P. M. Community Development (57.) Hold a public hearing on the Community Development Service Board's recommendation for the reallocation of 2003 Community Development Block Grant (CDBG) funds and program income. This item was considered following Item 51. Mayor McDougal opened the public hearing at 2:36 p. m. No one appeared on behalf of this item. No one appeared in opposition. Mayor McDougal closed the hearing at 2:37 p.m. On February I I and March 9, 2004 the Community Development Services Board (CDSB) met to discuss the reallocation of $250,000 in unspent 2003 CDBG funds and $200,000 in program income from the HOPE III program. The CDSB reviewed project applications from Spring 2003 that were either not funded or under -funded, as well as considered new projects that were recommended. After much discussion, the Board voted unanimously to approve the following funding recommendations. For the CDBG Reallocation: Link Ministries- Facility Renovation $ 75,000 YWCA- Facility Renovation $ 20,000 Fiestas del Llano- Facility Renovation $ 20,000 Community Development- Barrier Free $ 50,000 Community Development- HEEELP $ 25,000 Community Development- Economic Development $ 60,000 For the HOPE III Program Income: Community Development- New Housing Construction $200,000 This program income is recommended to go to Community Development's New Construction Program and be designated as HOME match to assist the City in meeting its required match for the HOME Program. The CDSB also recommended that future program income from this source also be designated as HOME match and used in HOME eligible projects in order to secure a reliable self-sustaining source for the HUD required match in order not to affect the City's General Fund. FISCAL IMPACT: These funds for reallocation are from past HUD grant projects that were under budget, and from program income generated from Community Development projects. By using the HOPE III program income to meet the HOME match requirement it saves having to request general funds for this requirement. This item was for the public hearing to allow for citizens' comments. The items will be brought back after the required comment period for a vote. Nancy Haney, Community Development Director, gave comments. Council Member Martin requested that the Mayor meet with the Board within the next thirty days and outline items such as code enforcement, summer youth programs and others. The Mayor agreed to this request. He asked Ms. Haney to get with Celia Webb and set up a time for him. The next items considered were Item 60-62. 279 Regular City Council Meeting March 23, 2004 Page 280 ADMINISTRATIVE SERVICES Civic Services (58.) Resolution No. 2004-RO158 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. RESOLUTION NO.2004-RO158 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to a License Agreement pertaining to obtaining name sponsorship for the Lubbock Auditorium -Coliseum by and between the City of Lubbock and Civic Lubbock, Inc., a copy of which Amendment to said License Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Key Vicki Key, Civic Services Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Amendment is filed with Resolution No. 2004-R0158. This item was considered following Item 48. This amendment will authorize Civic Lubbock, Inc. to pursue naming rights sponsorships on behalf of the City of Lubbock for the Municipal Auditorium/Coliseum. The South Plains Professional Hockey Club has expressed interest once again 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. :N Regular City Council Meeting March 23, 2004 Page 281 Staff recommended approval of this resolution. Murray Hensley, President, Civic Lubbock, Inc. gave comments. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0158 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren recused himself. The next item considered was Item 64. Fleet Services (59.) Resolution No. 2004-R0132 for Mobile Fleet Maintenance Washing and Detailing (Fleet Services). RESOLUTION NO.2004-R0132 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Mobile Fleet Maintenance (Washing and Detailing) Services and any associated documents by and between the City of Lubbock and TIBH Industries, Inc., and Marian Moss Enterprises, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 23rd day of 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/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0132. This was the first item considered. TIBH Industries helps provide employment, through the Texas State Use Purchase Plus Program, for Texans with blindness and/or other disabilities. T113H Industries markets excellent products and services of these exceptional Texans, and serves as the interface between community rehabilitation centers and the purchasing systems of the State, cities, school districts, counties, and all other political subdivisions. _ This is a non-exclusive contract for Marion Moss Enterprises of Lubbock, Texas to provide mobile car washes to municipal departments on an as -needed basis during the workweek and on a scheduled basis during the weekend. Exterior wash is priced at $12.50 per vehicle with a gross weight of one ton or less and includes complete wash, rinse, and dry. The City will be billed only $10 per vehicle when the contractor washes 500 more vehicles within a two -week cycle. The City will be charged $35 per vehicle with a gross weight over one ton. Optional interior cleaning is FM Regular City Council Meeting March 23, 2004 Page 282 priced at $5 per vehicle and includes vacuuming, wiping down the dashboard, and cleaning interior windows. City departments may schedule fleet vehicles to be washed during the weekend. The work will be performed on site at the location each vehicle is assigned. Site locations will be arranged to allow for half the vehicles to be washed on the first weekend of the month and the balance on the second weekend. A record shall be kept, using the license plate number of the vehicle as identification of each wash provided. Home stored vehicles will be washed at their work locations during the week, or as an emergency call, when ten vehicles are available at one location. The contract term is for one year with an option to renew annually for up to four additional one-year terms under the same terms and conditions as the original. FISCAL IMPACT: Expenditures for these services are budgeted in the using departments account number 8202 (Light Equipment Maintenance). Award contract to TIBH Industries of Austin, Texas and Marian Moss Enterprises of Lubbock, Texas, Sheila Kidwell, Crenshaw, Dupree & Milam, gave comments for Marian Moss Enterprises. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass Resolution No. 2004-RO132 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 20-22. FINANCE Items 60-62 were considered following Item 57. BudLyet and Research (60.) Resolution No. 2004-RO160 authorizing the Mayor to enter into an agreement engaging the professional services of Kasner & Associates LLC to perform a Transactional Tax Analysis. RESOLUTION NO.2004-RO160 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for professional services to perform a Transactional Tax Analysis, by and between the City of Lubbock and Kasner & Associates LLC., and related documents. Said Agreement is attached hereto, and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, CPA Finance Director 282 Regular City Council Meeting March 23, 2004 Page 283 APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0160. Businesses are often challenged in determining proper city tax. Texas local taxes are sited under a variety of methods depending upon the jurisdiction, the make-up of the business sales force, delivery methods, and warehousing practices. Transactional Tax Analysis, by extracting and merging a variety of Lubbock, State and public maintained databases, can identify businesses that may be incorrectly reporting local taxes. The review will also include all sales/use tax collections, reporting and payment practices to identify possible recoveries for past transactional tax payments by Lubbock to vendors and/or the taxing authorities. This research will be used to request reallocation of misallocated Lubbock taxes. The firm will provide recommendations addressing corrective measures designed to maximize sales/use monies for future periods. Recoveries identified and collected for the period of the examination will be prorated between the City and Kasner & Associates on a 67/33% basis. There are no additional fees for any future increased business remittances, or for developing corrective measures recommendations. FISCAL IMPACT: The fees associated with this review are on a contingency basis. To the extent that the project results in recoveries, Kasner & Associates will be paid 33% of any recoveries, including all out-of-pocket expenses. Staff recommended approval of this resolution. Beverly Hodges, Interim Chief Financial Officer, gave comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2004-RO160 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Martin was away from the dais. MISCELLANEOUS Legislation (61.) Resolution No. 2004-RO161 Authorizing the Mayor to enter into a contract with Hance Scarborough Wright Woodward & Weisbart for State legislative consulting services for the City of Lubbock. RESOLUTION NO. 2004-RO161 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 State legislative consulting services between the City of Lubbock and HANCE SCARBOROUGH WRIGHT WOODWARD & WEISBART, and any other 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 Council. 283 Regular City Council Meeting March 23, 2004 Page 284 Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Goodwin Bob Goodwin Corporate Communications Manager APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Contract is filed with Resolution No. 2004-R0161. Mayor McDougal met with Kent Hance and negotiated the proposed contract for Legislative services. The contract is for state legislative consulting services for the City of Lubbock during the current interim, upcoming 791h Regular Session of the Texas Legislature, and subsequent interim period. The contract begins on April 1, 2004 and will end on December 31, 2005. FISCAL IMPACT: Under the terms of the contract, the City will pay $10,000 as its initial fee in April. The City would then pay $5000 per month for the eight months prior to the start of the 79`h Regular Session. The City will then pay $10,000 per month during the Regular Session (January through May 2005). Following the Regular Session, the City will again pay $5,000 per month for June through December 2005. The total cost of the contract is $135,000. Fees for services provided during a called Special Session will be negotiated with the exception of the anticipated School Finance Special Session, whose fees are already included as $5,000 per month under this contract. The FY 2003-04 Legislative Budget currently has $82,483 remaining in the professional services fund for federal and state legislative consulting services. From this fund, the City is paying Meyers & Associates $7,500 per month plus expenses for federal legislative consulting services. The City is also contracted until December 31, 2004, with Martin Rochelle for legal services associated with State water issues. Rochelle's contract is not to exceed $25,000, and Legal staff estimates approximately $10,000 may be expended by the end of the current fiscal year. Supplemental funding of this budget category may be necessary. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0161 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Martin was away from the dais. (62.) Consider minuted action by the City Council establishing the City of Lubbock's short-term legislative priorities for the upcoming Special Session on School Finance Reform in the Texas Legislature. 284 Regular City Council Meeting March 23, 2004 Page 285 An action item is on the Agenda to consider hiring Hance Scarborough Wright Woodward & Weisbart for legislative assistance during the interim and upcoming 79th Regular Session. With a special session dealing with public school finance looming, Council member Boren requested an agenda item to provide the new consultants with the City's positions on the major issues associated with school finance reform and the potential affect this financial reform may have on municipalities. Specifically, tax structures, sales tax revenues, property tax appraisals, the maintaining of local control and autonomy were given as possible issues upon which the Council should provide an official position. FISCAL IMPACT: This item is being discussed because of the potential fiscal impact school finance reform may have on the City of Lubbock. This item and school finance reform has not had a fiscal impact upon the organization at this time. The short-term legislative priorities of the Lubbock City Council will be provided to the State legislative consultants as directed by Council. Bob Goodwin, Corporate Communications Manager, gave staff comments. Council Member Boren stated his concern was with the tax structures and was afraid appraisals would go up and taxes down. He suggested standing with the school districts and doing everything possible to keep them from taking a hit. City Manager Lou Fox gave comments and stated he thought we were still a "work in process". The ideas that have been thrown out have not been flushed out. There are ideas and concepts, but no real specific points at this time. He will keep Council advised as to what exactly the legislature are thinking and talking about. At some point, we will need a session to go over these issues to present our position to our delegation. Council Member Martin stated there was a real danger of special sessions and the Council should watch all additional items that are added. . Mayor McDougal stated that we should make sure that this firm understands that we want to monitor what is going on and particularly anything that gets added on. He further stated that he and Council Member Boren had already talked with Mr. Hance about this. Mayor McDougal also wanted to make sure that the lines of communication were open between this firm and City Hall. The next items considered were Items 65-67. PLANNING AND TRANPORTATION Business/Nei2hborhood Development (63.) Ordinance No. 2004-0 approving the amended North Overton District Tax Increment Finance Reinvestment Zone Project Plan as adopted by the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone first reading). This item was deleted, Community Service (64.) Resolution No. 2004-RO159 authorizing the Mayor to execute a Deed Without Warranty with the Lubbock Regional Arts Center. RESOLUTION NO. 2004-RO159 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Deed Without Warranty between the City of Lubbock and the Lubbock Regional Arts Center, Inc., and any other related documents. Said Deed Without Warranty is attached hereto and incorporated in FM Regular City Council Meeting March 23, 2004 Page 286 this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Community Services Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney A copy of the Deed Without Warranty is filed with Resolution No. 2004-R0159. This item was considered following Item 58. The Lubbock Regional Arts Center, Inc. (LRAC) has requested the acquisition of the building and lot at the southwest corner of Fifth Street and Avenue J. The LRAC desires to use this facility as a photography center. The Graffiti Abatement Program currently uses this facility to store vehicles and paint. The employees also work from this facility. The Graffiti Abatement Program will be relocated to the maintenance shop at Clapp Pool, 4500 Avenue U. The Environmental Services section of the Park and Recreation Department previously utilized the facility at Clapp Pool. The Park employees have been relocated to the Park Central Shop, 1912 Erskine, thus leaving the Clapp shop available. In October of 2003, the City Council approved a Deed Without Warranty that transferred the former Fire Administration Facility, 511 Avenue K, to the Lubbock Regional Arts Center. Approval of this resolution would transfer the property at Fifth Street and Avenue J to the LRAC. The Deed Without Warranty conveys the property from the City of Lubbock to the LRAC as long as the LRAC utilizes the property solely in a manner that promotes a public purpose. For the purpose hereof, "public purpose" of the LRAC is "to provide a central home for the arts and to foster the arts through education, exhibition and performance." If the property ceases to be so used, all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in the City. The property (including any improvements) is located at Fifth Street and Avenue J, Lubbock, Texas 79410. Legal Description: Lots Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), and Twenty (20) of Block Twenty -Two (22), Original Town Addition to the City of Lubbock, Lubbock County, Texas. FISCAL IMPACT: Deeding of this property will eliminate any future maintenance, improvement, and insurance costs for the City of Lubbock. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2004-R0159 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 286 Regular City Council Meeting March 23, 2004 Page 287 Council Member Boren was away from the dais. The next items considered were Items 52-54. Right -of -Way Items 65-67 were considered following Item 62. (65.) Ordinance No. 2004-00043 abandoning and closing three 20 foot alleys located in Blocks 64, 65, and 125, Overton Addition, 5th Street between Avenue V and Avenue X, Overton Addition, and Avenue W between the north right-of-way line of 6th Street and the south right-of-way line of the existing alley between 4th Street and 5th Street in the Overton Addition to the City of Lubbock (2301 5th Street) first reading). ORDINANCE NO.2004-00043 AN ORDINANCE ABANDONING AND CLOSING THREE 20-FOOT ALLEYS LOCATED IN BLOCKS 64, 65 AND 125, OVERTON ADDITION, 5TH STREET BETWEEN AVENUE V AND AVENUE X, OVERTON ADDITION, AND AVENUE W BETWEEN THE NORTH RIGHT-OF-WAY LINE OF 6TH STREET AND THE SOUTH RIGHT-OF-WAY LINE OF THE EXISTING ALLEY BETWEEN 4TH STREET AND 5TH STREET 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. This four -block area that includes the alley and street closures is being replatted into Tract 7 and Tract 8, Overton Park Addition. Since McDougal was not the original dedicator of these street and alley areas being closed, there will be a charge for them. The total area of 5th Street being closed is 60,000 square feet, the total area of the three alleys being closed is 36,000 square feet, and the area of Avenue W being closed is 26,500 square feet. This four -block area, which will be replatted into Tract 7 and Tract 8, consists of approximately 62% residential zoned properties and 38% 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 62% X 122,500 square feet (total street and alley area being closed) = 75,950 square feet X $00.16 = $12,152 for the residential zoned street and alley area and 38% X 122,500 square feet = 46,550 square feet X $1.10 = $51,205 for the apartment zoned street and alley area. Total value for the street and alley area being closed is $63,357. In the replat, additional street area for 6th Street, an Avenue W cul-de-sac, and two corner cutoffs will be dedicated containing a total of 12,098 square feet and these will be valued as a credit. Using a 62% value of $00.16 and a 38% value of $1.10 for the 12,098 square feet street dedications, a credit will be given of $6,257.08 for the street area dedications. The majority of Avenue W will be dedicated in the re -plat as a 40-foot underground utility easement for a credit of $4,385.86 for a total credit of $10,642.94. Therefore, $63,357 minus the credit of $10,642.94 = $52,714.06 due the City. FISCAL IMPACT: Income to the City of $52,714.06. 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 Martin to pass on first reading Ordinance No. 2004-00043 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Na Regular City Council Meeting March 23, 2004 Page 288 Stormwater Management (66.) Resolution No. 2004-RO162 authorizing the Mayor to execute an agreement between the City of Lubbock and Parkhill, Smith and Cooper, Inc., for Construction Period Services for a one mile portion of the South Lubbock Storm Sewer Project. RESOLUTION NO.2004-RO162 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute on behalf of the City of Lubbock an Agreement for Engineering Services pertaining to storm water drainage facilities with Parkhill, Smith & Cooper, Inc., and any associated documents, which Agreement is attached hereto and which shall be spread upon the minutes of the City Council and as spread upon the minutes shall be incorporated in this Resolution is if fully copied herein. Passed by the City Council this 23rd day of March, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Herted, PE, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G Vandiver, Attorney of Councel A copy of the Agreement is filed with Resolution No. 2004-RO 162. This resolution would provide the necessary funding for Parkhill, Smith and Cooper, Inc., to provide construction inspection services for the one- mile portion of the South Lubbock Storm Sewer Project that is currently being constructed in conjunction with the Texas Department of Transportation (TxDOT). Parkhill, Smith and Cooper, Inc., will provide on site resident project representation for the City for the duration of the construction period of the storm sewer plus engineering assistance in reviewing submittals associated with the design of the storm sewer portion of the project. As part of this contract they will also provide assistance to the City for field discovered conflicts or changes. The construction inspection services will be coordinated through TxDOT since the actual construction contract is between TxDOT and Price Brothers Construction. In discussions with TxDOT the projected time frame for the construction of this one -mile portion of storm sewer is approximately 120 working days. This storm sewer is part of the overall widening project of 98`h Street between University Avenue and Indiana Avenue. This contract for basic engineering services is a not to exceed amount of $242,320. FISCAL IMPACT: A total of $38,500,000 is currently budgeted for the South Lubbock Storm Sewer project. Currently, $34,054,000 is available in project funding. The amount spent to date include the design engineering for the entire WI.] Regular City Council Meeting March 23, 2004 Page 289 project, plus the advance payment to TxDOT for the construction of this one mile section of storm sewer to be included in the 98`h Street paving project. Staff recommended approval of this resolution. Marsha Reed, Civil Engineer, gave comments. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass Resolution No. 2004-RO162 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (67.) Consider one appointment to the Entertainment Lubbock Task Force. Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Velma Medina to the Entertainment Lubbock Task Force. Motion carried: 6 Yeas, 0 Nays. (68.) Consider five appointments to the Lubbock Water and Sewer Rate Review Committee. This item was deleted. (69.) Consider three appointments to the North Overton Tax Increment Finance District. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to reappoint Jack Driskill and Patrick Murfee, and appoint Richard Trussell to the North Overton Tax Increment Finance District. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 11. 3:30 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Morrison made a motion to adjourn the meeting. Read and approved this day ofC 2005. MARC MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secret NM