The URL can be used to link to this page

Home My WebLink AboutMinutes - City Council - Regular - 4/22/2004*****CORRECTED MINUTES***** CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING APRIL 22, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of April, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:36 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem T. J. Patterson, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Victor Hernandez, Council Member Tom Martin, Council Member Frank W. Morrison Absent: Mayor Marc McDougal CITIZEN COMMENTS Two citizens expressed comments to the Council. Robert Taylor spoke concerning naming the Lubbock International Airport after Governor Preston Smith. Oscar Lopez, a Citibus employee, asked if Citibus was a part of the City of Lubbock. He gave Council a copy of a Decision and Order in the matter of City Transit Management Company, Inc. d/b/a Citibus, Employer and United Steel Workers of America, AFL-CIO, CLC, Petitioner. EXECUTIVE SESSION Mayor Pro Tem Patterson 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; and competitive matters of the public power utility as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:42 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Electric Utilities; North Overton; Police; Water Utilities). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Civic Services; North Overton; Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Building Board of Appeals. ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): Regular City Council Meeting April 22, 2004 Page 328 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. CITY COUNCIL WORK SESSION WAS DELETED. ( 5.) Presentation of the Revised Budget for FY 2003-04 and proposed calendar for FY 2004-05. This item was moved from Work Session to Regular Session, and was addressed with Item 52. 10:06 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 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, Acting 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 10:06 A. M. ( 6.) Invocation by Reverend B. R. Moton, Senior Minister of New Hope Baptist Church. (7.) 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 Lubbock Water and Sewer Rate Review Committee Receiving: Ann Graves Max Hinojosa John Leonard Mike Liner Brad Ralston Park and Recreation Board Receiving: J. R. Morales Gwen Titus (unable to attend) Zoning Board of Adjustment Receiving: Dr. L. Ken Jones CITIZEN APPEARANCES ( 8.) Presentation of a special recognition to the Estacado High School boys' basketball team for their appearance in the 2004 UIL Boys' State Basketball Tournament. Council Member Patterson made the presentation to Head Coach Tim Thomas and the members of the Estacado High School Boys' Basketball Team. Regular City Council Meeting April 22, 2004 Page 329 (9.) Presentation of a proclamation to the American Cancer Society designating 2004 as Colon Cancer Prevention and Awareness Year. Dr. Davor Vugrin and members of the Task Force were present to receive the proclamation designating 2004 as Colon Cancer Prevention and Awareness Year. (10.) Presentation of a proclamation designating the week of April 18 - 24, 2004 as National Library Week. Jane Clausen, Library Director and Margaret Ingraham, a member of the Library Board were present to accept the proclamation designating the week of April 18 - 24, 2004 as National Library Week. (11.) Presentation of a special recognition to the Shallowater High School boys' and girls' basketball teams for winning the 2004 UIL State Championships. This item was deleted. (12.) Presentation of a special recognition to Parkhill, Smith and Cooper, Inc., Hugo Reed & Associates, Inc., and the City of Lubbock for receiving the Eminent Conceptor Award, which is the top award given by the Texas Council of Engineers, and the National Engineering Excellence Award. Among those present for this special recognition for receiving the Eminent Conceptor Award, which is the top award given by the Texas Council of Engineers, and the National Engineering Excellence Award were: Clayton Yeager, Parkhill, Smith & Cooper, Inc.; Bernie Gradel, Hugo Reed & Associates, Inc.; Larry Hertel, City Engineer; and Marsha Reed, Street Drainage Engineer. CONSENT AGENDA (Items 13-23, 26=30, 32-34, 36-37) Consent Agenda was considered following Item 56. Motion was made by Council Member Morrison, seconded by Council Member Patterson to approve Items 13-23, 26-30, 32-34, 36-37 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (13.) Approval of Minutes: April 6, 2004 Regular City Council Meeting (14.) Ordinance No. 2004-00044 abandoning and closing a drainage easement located in Section 41, Block A, Lubbock County, Texas (3510 North Holly Avenue, north of Municipal Drive and east of North Guava Avenue) first reading). ORDINANCE NO.2004-00044 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN SECTION 41, BLOCK A, 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. This ordinance abandons and closes a 60 foot x 300 foot drainage easement that is located on the east side of North Holly Avenue, on the property owned by Lubbock County where the new jail is to be constructed. This easement was dedicated by separate dedication deed and a new easement will be dedicated to replace this one being closed. 329 Regular City Council Meeting April 22, 2004 Page 330 FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. (15.) Resolution No. 2004-RO185 authorizing the Mayor to approve additional thoroughfare lighting for the Yellowhouse Canyon area (Olive Avenue from East 501h to East 601h Street). RESOLUTION NO.2004-RO185 WHEREAS, the City of Lubbock currently utilizes five-100 watt, high-pressure sodium lights to illuminate Olive Avenue from East 50'h Street to East 60'h Street in the Yellowhouse Canyon area; WHEREAS, the City Council finds that in order to promote the health, safety and public welfare of the City of Lubbock additional thoroughfare lighting should be added along this portion of Olive Avenue to illuminate this two-lane asphalt road; WHEREAS, in order to install a thoroughfare lighting system along Olive Avenue from East 50" Street to East 60'h Street it will be necessary to replace three of the 100- watt fixtures with 400-watt fixtures, add nine additional 400 watt fixtures, two transformers, an oil switch and a new #6 duplex service wire; WHEREAS, it is estimated that the total expenditure for adding this thoroughfare lighting system will be approximately ten thousand dollars ($10,000.00); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized to direct the City Manager to institute the necessary and proper procedures to authorize the staff of the City of Lubbock to install a thoroughfare lighting system along Olive Avenue from East 50 Street to East 60'h Street, including replacing three of the 100-watt fixtures with 400-watt fixtures, adding nine additional 400 watt fixtures, two transformers, an oil switch and a new #6 duplex service wire. Passed by the City Council this 22°d day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR F.1toI*W /S/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ouincy White Quincy White Assistant City Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Assistant City Attorney 330 Regular City Council Meeting April 22, 2004 Page 331 Currently, the Yellowhouse Canyon has five-100 watt, high-pressure sodium lights on this two-lane asphalt roadway. In order to install a thoroughfare lighting system, three of the 100-watt fixtures will need to be replaced with 400-watt fixtures. There will also need to be an additional nine 400-watt fixtures installed along with two transformers and an oil switch for a power source. It would also require a new #6 duplex service wire to be installed as well. FISCAL IMPACT: The estimated cost for adding a thoroughfare lighting system in the Yellowhouse Canyon (Olive Avenue from East 50`h to East 601h Street) would cost approximately $10,000 and is available in the Annexed Area Streetlights Project. Staff recommended approval of this resolution. This item was reconsidered in regular session following Item 25. Quincy White, Assistant City Manager and Gary Zheng, LP&L Electrical Engineer, gave comments. General consensus of the City Council was to let the prior vote stand on this item. The next item considered was Item 31. (16.) Resolution No. 2004-RO186 Authorizing the Mayor to execute a lease agreement with Bowers Property Management for a Street Department materials stack lot located at 401 North Avenue K. RESOLUTION NO.2004-RO186 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 for a tract of land to be used as a stack lot for street construction building materials, by and between the City of Lubbock and Bowers Property Management and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice 331 Regular City Council Meeting April 22, 2004 Page 332 A copy of the Agreement is filed with Resolution No. 2004-RO186. In 1999 the City approved a lease with Bowers Property Management to allow the Street Department to lease for five years 4.02 acres of land to stack street construction materials and debris on land they owned. In October 2002, the Street Department needed additional area so this lease was amended to allow them to lease an additional 3.73 acres of land. This lease expires in April of 2004. This lease agreement allows the City to renew the lease for another five years, payable one year at a time. The amount of acreage being leased by the City will be 7.75 acres. The City will pay $100 per acre = $775 per month or $9,300 per year. FISCAL IMPACT: The expense to the City is $9,300 a year, however, each cubic yard of recycled material saves the purchasing of an equivalent amount of rock, caliche, etc. Use of the Bowers' property also saves the Street Department over $25 per cubic yard in landfill tipping fees and the time required for a dump truck to make a round trip to the landfill. Typically, this is an annual saving of over $100,000 for the Street Department. This lease was approved in the FY'04 budget. The Right -of -Way Department recommended approval of this resolution. (17.) Resolution No. 2004-RO187 authorizing the Mayor to execute an agricultural lease at the new landfill located west of Abernathy, with Ronnie Hamilton. RESOLUTION NO.2004-RO187 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 Renewal, Extension and Amendment of Agriculture Lease Agreement between the City of Lubbock and Ronnie Hamilton, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of April, 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 Agreement is filed with Resolution No. 2004-RO187. 332 Regular City Council Meeting April 22, 2004 Page 333 In 1997, the City of Lubbock acquired the land four miles west of Abernathy for the new regional landfill. The south one-half of this landfill property was being farmed by Ronnie Hamilton. The City executed an agricultural lease with him in 1998. This lease was for one year with an option to extend it for five years. This lease has expired and this new lease being presented before the City Council today renews this lease with Mr. Hamilton for one year with an option to extend the lease for five successive one-year terms. The original lease included farm acreage of approximately 574 acres, and this new lease will be for 484 acres. FISCAL IMPACT: Income to the City from sale of agricultural products, which amounted to $3,782.41 for crop year 2002. The Right -of -Way Department recommended approval of this resolution. (18.) Resolution No. 2004-RO188 authorizing the Mayor to execute a parking lot lease with South Beach Club and Lounge a/k/a Bego Enterprises L.L.C. Inc. for use of the City of Lubbock Health Department parking lot, which is located at 1910 Texas Avenue. RESOLUTION NO.2004-RO188 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 between the City of Lubbock and South Beach Club and Lounge, a/k/a BEGO Enterprises L.L.C., and related documents. Said Lease 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 22nd day of April, 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/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Lease is filed with Resolution No. 2004-RO188. This parking lot lease agreement is for South Beach Club and Lounge a/k/a Bego Enterprises, L.L.C. at 1816 Avenue G to lease approximately 105 parking spaces of the City's Health Department parking lot at the southwest corner of 19`h Street and Texas Avenue. Additional parking per zoning requirements is needed for customers of the club during the evening and nighttime hours. This lease is for two years and the City will receive $157.50 per month for this lease. This has been calculated as 333 Regular City Council Meeting April 22, 2004 Page 334 follows: $15 per space (typically monthly downtown parking lot space rental rate) x 105 spaces = $1,575 a month. Only 12 days of the month (40%) will parking occur on these spaces and they will be leased only 6 hours a day (25%) maximum. Therefore, $1575 x 40% x 25% = $157.50 due the City per month. FISCAL IMPACT: Income to the City of $157.50 per month. The Right -of -Way Department recommended approval of this resolution. (19.) Resolution No. 2004-RO189 authorizing the Mayor to execute a monitor well permit with Llano -Permian Environmental for one monitor well on City property located at 1640 13th Street. RESOLUTION NO.2004-RO189 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Llano -Permian Environmental. Said agreements are 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 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Ga-.,_a Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chama.les Linda L. Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2004-RO189. This monitor well permit allows Llano Permian Environmental of Amarillo to drill one ground water monitor well on City property northwest of City Hall in the employee parking lot. This well will be located 98 feet north of 13th Street and 75 feet east of the service station on the northeast corner of 13th Street and Avenue Q and will not interfere with any parking spaces. This service station had an underground leaking fuel tank and the TCEQ has requested that they go off site with an additional monitor well in addition to what they have already drilled on their property and the City's. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. 334 Regular City Council Meeting April 22, 2004 Page 335 FISCAL IMPACT: There will be a yearly income of $100 to the City. The Right -of -Way Department recommended approval of this resolution. (20.) Resolution No. 2004-RO190 authorizing the Mayor to execute Change Order No. 1 to the 2004 Secondary Streets Maintenance Contract. RESOLUTION NO. 2004-RO190 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 Change Order No. 1 to the 2004 Secondary Streets Maintenance Program Contract, attached herewith, by and between the City of Lubbock and Lone Star Dirt & Paving, LLP, and any associated documents, which Change Order shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver Attorney of Counsel A copy of the Change Order is filed with Resolution No. 2004-RO 190. The intersections at 82"d Street and Quaker Avenue, 82"d Street and Indiana Avenue, and 82"d Street and University Avenue are in need of dual left turn lanes. In order to accomplish this, the existing lane lines will have to be covered with a seal coat extending approximately 400 feet in each direction. This Change Order increases the amount of gallons of emulsion for Bid Item No. 1 (A, B, and C) by 7,015 gallons and by 6,415 gallons for Bid Item No. 2 (A, B, and C). It also increases the cubic yards of Grade 4 rock for Bid Item No. 4 (A, B, and C) by 175 cubic yards and by 155 cubic yards of Grade 5 rock for Bid Item No. 5 (A, B, and C). The intersection of Erskine Street and North Indiana Avenue is scheduled to have a signal light installed. To facilitate this action, a right turn lane on the west side of the intersection needs to be installed (for the east bound traffic). This Change Order increases the quantities of Bid Item No. 7 (A, B, and C) by 250 square yards to accomplish this. In addition, the amount of 6 inch black base patching (Bid Item No. 7) to be done on the 2004 Secondary Streets Maintenance Program was 335 Regular City Council Meeting April 22, 2004 Page 336 underestimated. To complete the patching necessary on the streets to be sealed, Bid Item No. 7 (A, B, and C) needs to be increased by 2,000 square yards. The funding for this Change Order will come from a Traffic Engineering Project Fund ($60,000) and from funds still available in the Permanent Street Maintenance Fund ($61,000). This Change Order represents a 16.9% increase to the 2004 Secondary Streets Maintenance Program. The increase would not necessitate the addition of any working days to the contract. FISCAL IMPACT: A total of $60,000 is available in a Traffic Engineering Project Fund for this activity. The funds will be transferred from the fund balance of 9689.9244.30000. Upon approval by the Council, the transfer will be made by Budget Change Request. The remainder of the funds ($61,000) will come from the 2004 Permanent Street Maintenance Fund. The Street Department recommended approval of this resolution. (21.) Resolution No. 2004-RO191 extending a professional services contract with Don Vandiver, former first assistant city attorney, for "of counsel" legal services. RESOLUTION NO.2004-RO191 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves a two-year extension to the Professional Services Contract executed on June 19, 2003, between the City of Lubbock and Donald G. Vandiver, attorney "of counsel," under the same terms and conditions. A copy of said Contract is attached hereto which shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 22nd day of April, 2004. /S/ M A RC 1r4CDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Contract is filed with Resolution No. 2004-RO191. The City of Lubbock contracted with Don Vandiver, retired former first assistant city attorney, for "Of Counsel" legal services on a part-time basis June 19, 2003, (Resolution No. 2003-RO248). The contract provides that it may be extended by mutual agreement of the parties. 336 Regular City Council Meeting April 22, 2004 Page 337 At the request of the City Attorney, Mr. Vandiver has agreed to a two-year extension of this contract under the same terms and conditions. Mr. Vandiver's extraordinary legal skills, professional competence, and continued dedication to the organization make him a valuable asset to the City and it is in the best interest of the organization to draw on this resource for an additional term of two years. While there are restrictions under the state law retirement provisions limiting the number of hours that a retired employee may provide to a City from which he has retired if the retiree is serving as an employee, there is no such restriction for an independent contractor. The professional services contract was drawn so as not to create a relationship of employer/employee, but rather to designate Mr. Vandiver as an independent contractor providing professional services to the City. During the initial one-year contract term, Mr. Vandiver has provided valuable assistance in the areas of annexation, elections, franchising, and general municipal law, as well as providing a valuable organizational history and municipal law resource because of his 31 years of legal service to the City. He also provides valuable "of counsel" assistance to other members of the City 's legal staff. FISCAL IMPACT: The City Attorney has used Mr. Vandiver's services regularly for 20 hours per week and occasionally up to 30 hours per week as dictated by need on special projects. The Contract provides for services at Mr. Vandiver' s rate of pay at his retirement in 2003 and there is no increase in hourly rate for this extension of Mr. Vandiver's contract. This contract has provided a savings for the City Attorney's office and is budgeted at $73,000. The City Attorney recommended approval of this resolution. (22.) Resolution No. 2004-RO192 authorizing the Mayor to approve an application for a State administered, federally financed Click It Or Ticket Selective Traffic Enforcement Program, with an emphasis on seat belt and child restraint compliance, targeting reduction in death and serious bodily injury resulting from traffic crashes. RESOLUTION NO.2004-RO192 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 $20,492 Grant Agreement for the Click It or Ticket Selective Traffic Enforcement Program, and any associated documents, by and between the City of Lubbock and the Texas Department of Transportation. Said Grant 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 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 337 Regular City Council Meeting April 22, 2004 Page 338 APPROVED AS TO CONTENT: /s/ Dale Holton for Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney A copy of the Grant Agreement is filed with Resolution No. 2005-RO192. This is a grant program utilizing off -duty personnel working overtime to enforce non-compliance of seatbelt and child restraint usage within the City. FISCAL IMPACT: This enforcement program will be conducted during fiscal 2004. Awards for this grant have been set beginning May 1, 2004 or date of final signature which ever is later, upon approval of the Lubbock City Council. This is a 100% grant in the amount of $20,492 to be administered during the period May 26, 2004 through June 6, 2004. The Police Department recommended the approval of this resolution. (23.) Resolution No. 2004-RO193 to designate such officers as are empowered to sign checks for payment on behalf of the City of Lubbock and consider the division of banking services between the City of Lubbock and the City's Electric Utility Department. RESOLUTION NO. 2004-R0193 WHEREAS, the City Council has heretofore authorized certain City representatives, employees and/or officers of the City of Lubbock to sign checks for payment on behalf of the City of Lubbock in accordance with applicable City Charter provisions; WHEREAS, the City Council now deems it in the best interest of the public health, safety and welfare of the citizens of the City of Lubbock that certain changes be instituted with regards to those City representatives, employees and/or officers of the City of Lubbock empowered to sign checks for payment on behalf of the City of Lubbock; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT, pursuant to Chapter 1, Article IX, §§ 23, 24 and Chapter 1, Article X, § 4(f) of the City Charter of the City of Lubbock, all payroll checks issued by the City of Lubbock shall be signed by the Mayor, Mayor Pro Tem, City Manager or the City Manager's deputy and countersigned by the Chief Financial Officer or, in the absence of the Chief Financial Officer, the Chief Financial Officer's deputy, unless otherwise provided by law; and SECTION 2: THAT, all other checks issued by the City of Lubbock, save and except those checks subject to Section 3 below, shall be signed by the Mayor, Mayor Pro Tem, City Manager or the City Manager's deputy and countersigned by the Chief Financial Officer or, in the absence of the Chief Financial Officer, the Chief Financial Officer's deputy, unless otherwise provided by law; and SECTION 3: THAT, all checks issued by the Electric Utility Department and Utility Billing and Collections Department of the City of Lubbock, except those subject to Section 1 above, shall be signed by the Mayor, Mayor Pro Tem, City Manager or the City Manager's deputy and countersigned by the Chief Executive Officer/Director of 338 Regular City Council Meeting April 22, 2004 Page 339 Electric Utilities of the Electric Utility or, in the absence of the Chief Executive Officer/Director of Electric Utilities, the Chief Operations Officer or, in the absence of the Chief Operations Officer, the Chief Operations Officer's deputy, unless otherwise provided by law; and SECTION 4: THAT said persons and their successors are hereby authorized to execute signature cards and such other documents as may be required to carry out the purposes of this Resolution. Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, CPA Interim Chief Financial Officer APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Natural Resources Attorney The Electric Utility Board has recommended to the City Manager that the banking function for the Electric Utility Department and the Utility Billing and Collections Department should be separate from the City's banking function. In order to split these banking services, separate signature authority must be established. Section 23 of Article X of Chapter 1 of the City Charter states that all payroll checks issued by the City of Lubbock shall be "...signed by the Mayor or Mayor Pro Tern or City Manager and countersigned by the [Chief Financial Officer]." Therefore, all payroll checks will continue to be prepared in compliance with the City Charter. Resolution #5050, dated December 7, 1995 states that all other checks issued by the City of Lubbock "...shall be signed by the Mayor or Mayor Pro Tem or the City Manager or his deputy and countersigned by the [Chief Financial Officer] or his deputy unless otherwise provided by law..." The resolution before you today will amend Resolution #5050 by designating certain officers of the Electric Utility to countersign all checks issued by the Electric Utility Department and Utility Billing and Collections Department. These checks will be signed by the Mayor or Mayor Pro Tern or the City Manager or his/her deputy and countersigned by the Chief Executive Officer of the Electric Utility Department or his/her deputy or the Chief Operations Officer of the Electric Utility Department or his/her deputy. 339 Regular City Council Meeting April 22, 2004 Page 340 All other checks issued by the City of Lubbock (excluding checks issued by the Electric Utility Department and Utility Billing and Collections Department) will continue to be signed by the Mayor or Mayor Pro Tern or the City Manager or his/her deputy and countersigned by the Chief Financial Officer or his/her deputy. FISCAL IMPACT: None. Staff recommended approval of this resolution. The next items considered were Items 26-30. (24.) Resolution No. 2004-RO203 authorizing the Mayor to execute an Agreement by and between the City of Lubbock and Case New Holland (CNH) Global N.V., an Illinois corporation, for farming services. RESOLUTION NO. 2004-RO203 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 by and between the City of Lubbock and Case New Holland Global N.V., an Illinois corporation and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebccca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sherry Stephens Sherry Stephens Acting Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R203 This item was moved from consent agenda to regular agenda and was considered following Item 37. This is the second year in a row that the City of Lubbock will team up with Case New Holland Corporation in regards to their training camp for dealer and corporate personnel. The City of Lubbock provides the location on the Lubbock Land Application Site (LLAS) and CNH provides the 340 Regular City Council Meeting April 22, 2004 Page 341 equipment and labor to present the hay harvest training. The City of Lubbock will realize a cost savings of up to $10,000 in harvest cost. CNH expects to bring in over 50 people during the two -week period. The purpose of this agreement is to authorize Case New Holland to use up to 200 acres for personnel training. The term of this agreement shall be one month beginning April 26, 2004. FISCAL IMPACT: The City will incur no cost. The City will provide up to 200 acres and CNH will provide equipment and labor, which will save up to $7,500. Staff recommended acceptance of this Agreement. John Hindman, Farm Manager, answered questions from Council. Council Member Martin stated there was a copy of an insurance binder in council backup from Corporate New Holland. This lists the certificate holder as the City of Lubbock and the Farm Progress Show. He asked that since the Farm Progress Show is no longer in business, do they need to be listed on the insurance certificate. Mr. Hindman stated that it was just left on there from last year. Council Member Martin suggested that someone have the insurance binder updated. Mr. Hindman stated that the Farm Progress Show had until May 20`h to vacate the site. Mayor McDougal asked Mr. Hindman to wait until the end of May to have the certificate updated. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2004-R0203 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 25. (25.) Resolution No. 2004-R0204 authorizing the Mayor to execute an Amendment to the Interlocal Agreement between the City of Lubbock and Texas Agricultural Experiment Station, and any other related documents. RESOLUTION NO. 2004-R0204 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 Second Amendment of Interlocal Agreement by and between the City of Lubbock and Texas Agricultural Experiment Station, and any other related documents. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: A/ Rebecca Garza Rebecca Garza, City Secretary 341 Regular City Council Meeting April 22, 2004 Page 342 APPROVED AS TO CONTENT: /s/ ShqU Stephens Sherry Stephens Acting Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner _ Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R204. This item was moved from consent agenda to regular agenda and was considered following Item 24. This will be the ninth year that the City of Lubbock and the Texas Agricultural Experiment Station (TAES) have worked together to conduct cotton research, which is vital to this area. TAES and the City of Lubbock entered into the original agreement due to the declining water table beneath the Experiment Station East of New Deal. The City of Lubbock is an ideal location for the research to be conducted. TAES conducts genetic research as well as plant breeding on the Lubbock Land Application Site (LLAS), where water is abundant. The City of Lubbock and TAES would like to amend this agreement for the same terms as allowed in the original agreement dated April 10, 2003. FISCAL IMPACT: The agreement will reduce labor and equipment cost to the City. Staff recommended approval of this resolution. John Hindman, Farm Manager, answered questions from Council. Council Member Boren returned to the dais. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2004-RO204 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Motion was made by Council Member Martin, seconded by Council Member Patterson to reconsider Item 15. Motion carried: 6 Yeas, 0 Nays. At this time, Item 15 was reconsidered. Items 26-30 were considered following Item 23. (26.) Resolution No. 2004-RO194 accepting a renewal agreement extending the term of a lease agreement between the City of Lubbock and Alamosa Properties, L.P. to lease City property located at 74th Street and Genoa Avenue and establishing a new rental amount. RESOLUTION NO.2004-RO194 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 Renewal Agreement extending the term of a Lease Agreement between the City of Lubbock and the Alamosa Properties, L.P. to lease City property located at 74th Street and Genoa and establishing a 342 Regular City Council Meeting April 22, 2004 Page 343 new rental amount for said Agreement, and any other 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 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sherry Steuhens for Terry Ellerbrook Terry Ellerbrook Managing Director Water Utilities APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Manager A copy of the Agreement is filed with Resolution No. 2004-R0194. The current lease agreement allows Alamosa Properties, L.P. the right to place communication equipment on a City owned elevated water storage tower located at 74`h Street and Genoa Avenue for an annual rental fee of $7,500. The lease agreement is for a period of five years beginning May 27, 1999 and ending May 26, 2004. Alamosa has requested the extension of the lease for a period of five years as stipulated in the current contract. Acceptance of the resolution would extend the terms of the lease agreement for a period of five years beginning May 27, 2004 and ending May 26, 2009 for an annual rental fee of $9,000. FISCAL IMPACT: Conditions of the current contract states that if the lease period is extended, "...the annual rent shall increase on the first day of the renewal term by twenty percent...". Alamosa will pay the City of Lubbock an annual rent of $9,000, beginning May 27, 2004, for a period of five years, if the resolution is accepted. Staff recommended approval of this resolution. (27.) Resolution No. 2004-RO195 accepting a renewal agreement extending the term of a lease agreement between the City of Lubbock and Alamosa Properties, L.P. to lease City property located at 501h Street and Joliet Avenue and establishing a new rental amount. RESOLUTION NO. 2004-RO195 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 Renewal Agreement extending the term of a Lease Agreement between the City of Lubbock and the Alamosa Properties, L.P. to lease City property located at 501h Street and Joliet and establishing a new rental amount for said Agreement, and any other 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. 343 Regular City Council Meeting Apri122, 2004 Page 344 Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sherry Stephens for Terry Ellerbrook Terry Ellerbrook Managing Director Water Utilities APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Manager A copy of the Agreement is filed with Resolution No. 2004-R0195. The current lease agreement allows Alamosa Properties, L.P. the right to place communication equipment on a City owned elevated water storage tower located at 501h Street and Joliet Avenue for an annual rental fee of $7,500. The lease agreement is for a period of five years beginning May 27, 1999 and ending May 26, 2004. Alamosa has requested the extension of the lease for a period of five years as stipulated in the current contract. Acceptance of the resolution would extend the terms of the lease agreement for a period of five years beginning May 27, 2004 and ending May 26, 2009 for an annual rental fee of $9,000. FISCAL IMPACT: Conditions of the current contract states that if the lease period is extended, "...the annual rent shall increase on the first day of the renewal term by twenty percent...". Alamosa will pay the City of Lubbock an annual rent of $9,000, beginning May 27, 2004, for a period of five years, if the resolution is accepted. Staff recommended approval of this resolution. (28.) Consider the price and conditions of the sale of Parcel 33500-8-130 (South 17.375' of North 34.75') at 108 North Avenue N, legally described as the South 17.375 feet of the North 34.75 feet of Lot 13, Block 8, Guadalupe Addition to the City of Lubbock, Lubbock County, Texas. This is a routine sale of a vacant remnant lot by the Urban Renewal Agency to Juan Madrid for $200 to add to his existing adjoining property at 106 North Avenue N to enlarge his yard. The total area is 34.75' x 125' for a total of 4,343.75 square feet. The adjacent owner on the north side is purchasing the north half of this area. This remnant can only be sold to adjacent property owners due to its substandard size. FISCAL IMPACT: The sale will put the property into private ownership, back on the tax roles, and remove the weed mowing expense. 344 Regular City Council Meeting April 22, 2004 Page 345 The Urban Renewal Board of Commissioners approved the proposed sale on March 16, 2004. The Community Development staff recommended approval. (29.) Consider the price and conditions of sale of the Parcel 33500-8-130 (North 17.3751) at 108 North Avenue N, legally described as the North 17.375 feet of Lot 13, Block 8, Guadalupe Addition to the City of Lubbock, Lubbock County, Texas. This is a routine sale of a vacant remnant lot by the Urban Renewal Agency to Joe M. Aguilar for $200 to add to his existing adjoining property at 110 North Avenue N to enlarge his yard. The total area is 34.75' x 125' for a total of 4,343.75 square feet. The adjacent property owner on the south side is purchasing the south half of the area. The remnant can only be sold to adjacent property owners due to its substandard size. FISCAL IMPACT: The sale will put the property into private ownership, back on the tax roles, and remove the weed mowing expense. The Urban Renewal Board of Commissioners approved the proposed sale on March 16, 2004. The Community Development staff recommended approval. (30.) Resolution No. 2004-RO196 authorizing the approval of a lease agreement between the City of Lubbock and Ports -to -Plains. RESOLUTION NO. 2004-RO196 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 Ports -To -Plains Trade Corridor Coalition for office space 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 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James Loomis James Loomis, Director of Aviation 345 Regular City Council Meeting April 22, 2004 Page 346 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-R0196. This agenda item authorizes a new lease with Ports -to -Plains for office space. The space consists of two offices and a storage area and is located on the second floor of the Airport Terminal Building. The lease will be for 874 square feet at $9 per square foot per year. The revenue will be $7,866 annually or 5655.50 monthly. The term will be for three years with two additional one-year options. FISCAL IMPACT: This lease increased the Airport's revenue by $7,866 annually. The Airport Board and staff recommended approval of this resolution. The next items considered were Items 32-34. (31.) Resolution No. 2004-R authorizing the Mayor to execute a professional services agreement with Daniel B. Stephens and Associates for the Groundwater Utilization Study in the amount of $238,173. This item was moved from consent agenda to regular agenda and was considered following reconsideration of Item 15. This item was deleted. These consulting services are for the Groundwater Utilization Study. Major components of this study are: ■ Develop groundwater quantity and quality data for Lubbock Co. ■ Analyze the sustainability of the groundwater in Lubbock Co. ■ Prepare a groundwater flow model for Lubbock Co. and the Sandhills Well Field. ■ Identify and evaluate alternative uses for groundwater in Lubbock Co. ■ Develop an Aquifer Storage and Recovery (ASR) plan. ■ Evaluate the Dockum Group of aquifers for potential development as a public water supply source. ■ Develop strategies for improving groundwater management and protection. The study is scheduled to be complete within 15 months from issuance of a notice to proceed. FISCAL IMPACT: The cost of the study is $238,173. Funds for this study will be transferred from the Water Rate Stabilization Fund to the Water Engineering operating budget during the revised budget process. The Lubbock Water Advisory Commission (LWAC) approved this project. Staff recommended approval of this resolution. 346 Regular City Council Meeting April 22, 2004 Page 347 Council Member Martin requested that this item be pulled and asked City Manager Fox and his staff to re -look at some of the issues surrounding this contract and bring it back to the next meeting. The next item considered was Item 35. Items 32-34 were considered following Item 30. (32.) Resolution No. 2004-RO197 adopting rules for electronic transmission of bids and proposals. RESOLUTION NO.2004-RO197 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and the City Council of the City of Lubbock hereby adopt and implement Purchasing Procedure No. 3511-452, establishing rules for electronic transmission of bids or proposals on behalf of the City of Lubbock. Said Procedure 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 22nd day of April, 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/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Procedure is filed with Resolution No. 2004-RO197. Local Government Code authorizes municipalities to electronically receive sealed bid and proposal responses. The purpose of this resolution is to adopt Purchasing Procedure 3511-452, Electronic Sealed Bids and Proposals, to ensure that electronic sealed bids and proposals shall be in accordance with §252.0415 of the Local Government Code requiring the identification, security, and confidentiality of electronic bids or proposals to remain effectively unopened until the proper time. Electronic reverse auctions shall be in accordance with §271.906 of the Local Government Code as defined in Government Code §2155.062(d) requiring a real-time bidding process taking place during a previously scheduled Internet location with multiple suppliers, anonymous to each other, submitting bids to provide goods or services. In a reverse auction, the price falls during the course of the auction as suppliers compete with each other for the contract. The bidding pattern typically follows the traditional auction curve. There are initially a few bids then a pause and then heavy bidding (with much lower prices) in the last few minutes. The 347 Regular City Council Meeting April 22, 2004 Page 348 benefits of reverse auctions are not exclusive to the buyer in a dynamic pricing event. Suppliers can also benefit, because they spend less time preparing extensive paper documents for a static one -chance bid. Suppliers that participate in reverse auctions benefit by seeing their competitors' bids (without knowing the identify of the bidder) and having the opportunity to submit counter offers to better compete in a transparent market environment, significantly improving their chances to secure the business. The Purchasing Department has used electronic sealed bids and reverse auctions for small dollar purchases and has found that the use of electronic bid receipt encourages increased bidder responses. It is simply easier and more convenient to prepare a bid response online, as opposed to completing, printing and mailing a copy of the bid. The main advantage of electronic bidding and on-line auctions is the potential to obtain better overall value for the taxpayer through increased efficiencies and reduced pricing. FISCAL IMPACT: Approximately $25,000 annual savings in copy and postage costs. Staff recommended approval of this resolution. (33.) Resolution No. 2004-RO198 - ITB #035-04/RS authorizing the Mayor to reject all bids for the Thoroughfare Lighting Installation at Various Locations (Electric Distribution). RESOLUTION NO.2004-RO198 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to reject on behalf of the City Council, all proposals for Thoroughfare Lighting Installation at various locations, per ITB #035-04/RS. Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Kni&t John Knight, Assistant City Attorney Lubbock Power & Light approved capital projects provide approximately $300,000 for material and labor to install thoroughfare lighting at the following locations: Regular City Council Meeting April 22, 2004 Page 349 • 82nd Street, from Avenue P to I-27 Quaker Avenue, from 4th Street to the new TTU Parkway • Annex Area — 82"d Street, from Milwaukee Avenue to Alcove Avenue • Milwaukee Avenue, from 19th Street to 4th Street • Frankford Avenue (North), from Loop 289 to Erskine Avenue • 19th Street, from Iola Avenue to Milwaukee Avenue • University Avenue, from 82°d Street to 98th Street The low bid for the installation of lighting at the above locations is an hourly rate of $196. Lubbock Power & Light personnel can install the project lighting at a maximum average cost of $51 per hour, at time and a half. Consequently, staff recommended that the City Council reject all bids. Forty-three local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $293,000 was appropriated and $293,000 is available in project numbers 90324, 90325, 90327, 90328, 90329, 90161, and 90349 (Thoroughfare Lighting) for this purpose. Staff recommended that the City Council reject all bids. (34.) Resolution No. 2004-RO199 - BID #038-04NK for repair and refurbishment of side loading trash packer bodies (Fleet Services). RESOLUTION NO.2004-RO199 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 repair and refurbishment of side loading trash packer bodies, by and between the City of Lubbock and Precision Hydraulic Technology of Odessa, 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 22nd day of April, 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 349 Regular City Council Meeting April 22, 2004 Page 350 APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0199. This bid is for the refurbishment of two Pak-Mor municipal solid waste 33 cubic yard side -loading trash packer body compactors. The Solid Waste Department is seeking alternative solutions to purchasing new units that have a delivery period of 18-24 months. A decision was made by the Fleet Services Department Manager and the Solid Waste Superintendent to refurbish existing packer bodies. Forty local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $896,000 was appropriated and $80,000 is available in project number 90340 (Major Equipment Replacement 2003-2004) for this purpose. Award bid to Precision Hydraulic Technology of Odessa, Texas for $64,060.10. The next items considered were Items 36-37. (35.) Resolution No. 2004-RO205 - BID #046-041BM for Sam Wahl Recreation Area Comfort Station (Community Services, Lake Alan Henry). RESOLUTION NO.2004-RO205 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to reject on behalf of the City Council, all proposals for the Sam Wahl Recreation Area Comfort Station, per ITB #046-04BM. Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This item was moved from consent agenda to regular agenda and was considered following Item 31. K1bill Regular City Council Meeting April 22, 2004 Page 351 This project involves the construction of a comfort station at the Sam Wahl Recreation Area (SWRA). The SWRA provides recreational access to Lake Alan Henry. Existing improvements to SWRA include a boat ramp with parking, boat slips, fishing pier and permit office. Approximately 50,000 people visit SWRA each year. Portable toilets currently provide toilet facilities. The comfort station includes full service restroom facilities for both men and women. Showers are included in each restroom along with hot and cold water. The comfort station also includes a heating system to allow for use of the building year-round. Water and wastewater treatment facilities are included in the project because there is no existing availability of potable water or sewer at SWRA. In addition to the restroom facility, a pavilion with picnic tables will be built at the entrance of the comfort station. An area for vending machines and a drinking fountain will also be constructed in the pavilion area. Additional parking and driveways will be constructed to allow visitors close access to the building. Irrigation, landscaping and signage are also included in this project. Time for completion is 180 consecutive calendar days and liquidated damages is $500 per day. Two hundred fifty local contractors and subcontractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $2,554,938 was appropriated with $1,539,610 available in project number 9492 (Lake Alan Henry Recreational Area Improvements) for this purpose. The low bid is between $1,645,000 and $1,805,364 depending on which options are selected. Consequently, staff recommended that the City Council reject all bids and instruct staff to rebid this project with revised specifications. Staff recommended that City Council reject all bids. Council stated the goal is to still build the facilities; however, it must have competitive prices to do so. Motion was made by Council Member Martin, seconded by Council Member Boren to reject all bids for Resolution No. 2004-RO205 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 38-39. Items 36-37 were considered following Item 34. (36.) Resolution No. 2004-R 0200; Resolution No. 2004-RO201 - BID #041-04/RS for concrete -annual pricing (Street Maintenance). RESOLUTION NO.2004-RO200 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 concrete — annual pricing, by and between the City of Lubbock and Transit Mix Concrete & Materials 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. 351 Regular City Council Meeting April 22, 2004 Page 352 Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Gana, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R200. RESOLUTION NO.2004-RO201 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 concrete — annual pricing, by and between the City of Lubbock and Lone Star Dirt & Paving 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 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R201. This bid establishes annual pricing for the purchase of concrete used for various street and alley repairs. Firm pricing is good for one year with an option to renew annually for up to two additional one-year terms. Fifty-one local businesses were notified of the Invitation to Bid. 352 Regular City Council Meeting April 22, 2004 Page 353 FISCAL IMPACT: A total of $569,484 was appropriated and $569,484 is available in project number 4531 (Maintenance — Paved Streets) for this purpose. Staff recommended awarding the bid to Transit Mix Concrete & Materials Company of Lubbock, Texas as the primary supplier for $552,162.50, and to Lone Star Dirt & Paving of Lubbock, Texas as the secondary supplier for $589,307.50. (37.) Resolution No. 2004-RO202 - BID #047-04/RS for roof renovations at Street Maintenance and Water Maintenance Shop Building (Facilities Management). RESOLUTION NO.2004-RO202 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 roof renovations at Building C - Municipal Hill — 600 Municipal Drive, by and between the City of Lubbock and Advantage USAA, Inc. of Spring Branch, 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 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R202. This involves replacing approximately 325 square feet of metal seam roof at the Street Maintenance and Water Maintenance Shop Building located on Municipal Hill Drive. This will eliminate approximately 110 linear feet of interior gutter system. The interior gutter system has caused many problems with leaks, stopping up and other related problems. This section of the roof will drain via downspouts from the sloped roof. Approximately 5,400 square feet of built-up roofing system will be replaced. A new tapered insulation system will be installed to assist in drainage. Time for completion of this project is 60 consecutive calendar days and liquidated damages is $250 per day. Fifty-one local businesses were notified of the Invitation to Bid. 353 Regular City Council Meeting April 22, 2004 Page 354 FISCAL IMPACT: A total of $100,000 was appropriated and $100,000 is available in project number 8489 (Building C Renovation at Municipal Hill) for this purpose. Staff recommended bid award to Advantage USAA, Inc. of Spring Branch, Texas for $64,100. The next item considered was Item 24. ORDINANCES FOR PASSAGE Items 38-39 were considered following Item 35. (38.) Ordinance No. 2004-0 authorizing the Mayor to execute a franchise contract agreement between Friendship Cable of Texas Inc. d/b/a Cebridge Connections and the City of Lubbock first reading). This item was continued. This ordinance will renew and bring to -date a previously expired contract between the City of Lubbock and what was previously known or referred to as Classic Cable. The proposed franchise agreement is in accordance with the City of Lubbock's Ordinance No. 10134 referring to the guidelines, limitations, and terms of cable service required by the City of Lubbock for cable companies to do business with the City of Lubbock. FISCAL IMPACT: The annual estimated revenue for the City of Lubbock is $1,800 based on $36,000 annual gross receipts at 5% franchising cost. Staff recommended approval of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass this Ordinance as recommended by staff. Troy Zimmerman, Intern for City Council, gave comments. This area is grandfathered and Council is not at conflict for requiring that cable companies do business with the entire City of Lubbock before receiving a franchise agreement. Don Vandiver, City Attorney's Office, stated that this cable company was annexed involuntarily, and rather than put them out of business, the City would allow them to serve only the customers they already had in the annexed area. They are not allowed by the City ordinance to expand and service the entire City. Motion was made by Council Member Gilbreath to table this item in order to have a conversation with the company about the possibility of a schedule build -out for universal service. After discussion, Council Member Gilbreath amended his motion to continue this item, seconded by Council Member Martin. Motion carried: 6 Yeas, 0 Nays. This motion overrides the prior motion. _ City Manager Fox addressed Mr. Zimmerman and thanked him for his services with the City. Mr. Zimmerman is moving to Tulsa, Oklahoma to attend law school. 354 Regular City Council Meeting April 22, 2004 Page 355 (39.) ORDINANCE NO. 2004-00001 — Ordinance amendment of Chapters 6, 12, and 28 of the City of Lubbock's Code of Ordinances with regard to landscaping irrigation systems and operation of irrigation systems, providing penalties, and providing savings clause (second and final reading). These amendments establish the following: • Irrigation runoff water as a nuisance. • Requirements on the design and operation of landscape irrigation systems that prevent over spray onto impervious areas, excessive watering for extended periods, and operation of systems during rainfall and freezing weather. • The installation of a separate irrigation water meter, freeze and rain sensors for commercial installation (residential installations are excluded from this requirement). • Restriction of landscape irrigation to set times of the day. • Establishment of a Water Board of Appeals to hear variance requests. 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. Staff recommended approval of second and final reading of this ordinance. Chester Carthel, Chief Engineer, Water Utilities, answered questions from Council. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass on second and final reading of Ordinance No. 2004-00001 as amended from first reading. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 40-48. PUBLIC ZONING HEAI_INGS Items 40-48 were considered following Item 39. 11:15 A. M. (40.) Ordinance No. 2004-00045 - ZONE CASE NO. 2437-G (east of Iola Avenue and north of 82"d Street): Hold a public hearing to consider request of Richard McCormick and Steven A. Cox for a zoning change from A-2 limited to a church to C-2 Specific Use for a shopping center on 0.496 acres of unplatted land out of Section 29, Block AK, (flirst reading). ORDINANCE NO.2004-00045 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-G; A ZONING CHANGE FROM A-2 TO C-2 SPECIFIC USE FOR A SHOPPING CENTER ON 0.496 ACRES OF UNPLATTED LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 355 Regular City Council Meeting April 22, 2004 Page 356 Mayor McDougal opened the public hearing at 11:15 a. m. No one appeared on behalf of Richard McCormick and Steven A. Cox. No one appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. in. The request follows a recent case to the east that provides for commercial development. Adjacent land uses: North — public school, South — commercial, East — commercial, and West — church. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The request is filed as Specific Use to address set back from 81 S` Street and access to 82"d Street. Using conditions similar to the zone case to the east that allowed two curb cuts to 81 S` Street and a screening wall because of the school, the Planning Commission recommended the request with the following conditions: 1. A minimum setback of twenty-five feet be allowed from the 81 sc Street property line. 2. The north property line (8Is' Street) shall have a six-foot screening fence. 3. A twenty -foot public access easement shall be dedicated on the north line of the lot(s). The function of the easement is to allow patrons of all of the businesses to access curb returns at the east and west end of the development adjacent to 81'` Street. 4. This parcel shall be limited to one curb cut on 82"d Street. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00045 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 2004-00046 - ZONE CASE NO. 2243-A (2309 Broadway Avenue): Hold a public hearing to consider the request of Jon and Tina Thompson for a zoning change from C-2 to CB-1 to add residential usage to existing building on Lot 6 and the west 37.5 feet Lot of 5, Block 84, Overton Addition first reading). ORDINANCE NO. 2004-00046 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2243-A; A ZONING CHANGE FROM C-2 TO CB-1 ZONING ON LOT 6 AND THE WEST 37.5 FEET LOT OF 5, BLOCK 84, OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 356 Regular City Council Meeting April 22, 2004 Page 357 Mayor McDougal opened the public hearing at 11:15 a. M. Tina Thompson appeared on behalf of her husband and herself. No one appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. m. The proposal will officially add a residential component to the commercial establishment already in place on Broadway. Adjacent land uses: North — commercial, South — church parking lot, East — commercial, and West — commercial. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The CB-1 District is a part of the zoning ordinance developed specifically for Broadway between University Avenue and Avenue Q. The Planning Commission and Council approved the four new CB Districts to be placed in the Code several years ago. The staff has yet to file an overall zone case on any of the targeted areas. Several parcels in the downtown area have used the new districts and CB-2 with a Specific Use permit is being used in the Overton redevelopment. The proposal will have no effect on the thoroughfare plan. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00046 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (42.) Ordinance No. 2004-00047 - ZONE CASE NO. 2224-D (5601 Slide Road): Hold a public hearing to consider request of Halle Properties, L.L.C. for a zoning change from C-2 Specific Use to C-3 for a tire, battery and accessories store and all permitted C-2 uses on Tract D-1, Western Meadows Addition first reading). ORDINANCE NO.2004-00047 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2224-D; A ZONING CHANGE FROM C-2 SPECIFIC USE TO C-3 LIMITED TO A TIRE STORE ON TRACT D-1, WESTERN MEADOWS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:15 a. m. No one appeared on behalf of Halle Properties, L.L.C. No one appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. m. The proposal will allow the Discount Tire currently located at 57`h Street and Slide Road to relocate into the building formerly occupied by Carl's Jr. fast food establishment. Discount is very interested in remaining in the immediate area, and this location is the only unoccupied parcel. 357 Regular City Council Meeting April 22, 2004 Page 358 Adjacent land uses: North — commercial, South — commercial, East — residential, and West —commercial. In the early 1980s, development of commercial on the east side of Slide Road between 541h and 62"d Streets was an issue hotly opposed by the adjacent neighborhood association. A process involving the neighborhood, several of the developers and City staff created a policy district between 541h and 62od on the east side of Slide Road. The major aspects of that plan included the fence that is in place, elimination of many of the through streets, cul-de-sac access for the commercial and no curb cuts on Slide Road, as well as a requirement that the future zone cases be filed on a full "unit" of land (not just the Slide Road frontage). The original intent was that the proposed uses be fairly "light' — and the area is currently zoned a mixture of C-2 and C-2A. The commercial development has occurred, and with the combination of fence and restricted access, has been an asset to the residential area east of the fence. Prior to the outcome of the development policy, many lots in the Piedmont Addition were vacant. Since the dust settled, all of the vacant lots have been built with homes. This background is beneficial to illustrate that often the intensity of the zoning on a parcel (thus the permitted use) may not be as important as the development standards applied to the property. In the instance of the tire store, Discount intends to orientate the bays to the north, with a showroom fronting to Slide Road. The building is a new prototype for Discount, and is similar to the location on 82°d Street east of University. None of the bay activity will face east toward the residential east of the fence. Staff had a telephone discussion with at least one neighbor in the town home addition east of the fence who is relieved that the structure not be a fast food store. When Discount applied for the change the staff indicated they needed to meet with the neighbors and discuss the proposal. Initially, a number of neighbors mailed in letters in opposition. Discount visited with each of those folks and acquired permission to reverse that opposition from all but two of the adjacent owners. No citizens appeared at the Planning Commission hearing in opposition. Discount has run a noise model on the proposed store and has obtained a number of actual noise readings at the 82°d Street store, the current store on the west side of Slide, the proposed site and east of the fence on the residential side. The results indicate that when a person is more than about 80 feet from the bays of the new store, noise from Slide Road has more impact than the new facility. The staff is not aware of any complaints from the new store on 82°d Street. A booklet with their findings will be included in backup. The Planning Commission recommended approval of the request subject to the following conditions: 1. The use shall be C-3 limited to tire, battery and accessory and all permitted C-2 uses, and 2. Tied to the proposed site plan and building elevation. FISCAL IMPACT: Not Applicable. 358 Regular City Council Meeting April 22, 2004 Page 359 Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00047 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (43.) Ordinance No. 2004-00048 - ZONE CASE NO. 1834-C (601, 603-612; 702, 704, 706, and 708 North Englewood Avenue and 801-804, 805, 807 and 809 North Evanston Avenue; 5701-5712 Grinnell Street; 5702, 5704-5712 Fordham Street): Hold a public hearing to consider request of Jack and Trey Strong for a zoning change from R-2 to A-1 limited to duplex construction on Lots 206-212, 219-245, 247-255, Western Estates Addition first reading). ORDINANCE NO.2004-00048 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1834-C; A ZONING CHANGE FROM R-2 TO A-1 ZONING LIMITED TO DUPLEX CONSTRUCTION, ON LOTS 206-212, 219-245, 247-255, WESTERN ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:15 a. m. No one appeared on behalf of Jack and Trey Strong. No one appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. in. The request follows a recent zone case for down zoning C-2 to R-2 and the subsequent construction of duplex properties at this location. Adjacent land uses: North — duplex homes, South — duplex homes, East — duplex homes, and West — commercial zoning, vacant. The request is consistent with the Comprehensive Land Use Plan and zoning policy. Because of the A-1 zoning on the north and east perimeter of the tract that was in place when the R-2 was approved, there is no effect of this request other than the desire of the duplex owner to be able to advertise that he can rent to more than two unrelated persons. A number of the lots in the new portion remain zoned R-2. Mr. Strong attempted to get other owners involved in this request but for some reason they were unwilling. The request has no effect on the thoroughfare system. The Planning Commission recommended approval of the subject to the following condition: 1. A-1 limited to duplex construction. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00048 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 359 Regular City Council Meeting April 22, 2004 Page 360 (44.) Ordinance No. 2004-00049 - ZONE CASE NO. 1789-D (North of 43rd Street at Huron Avenue): Hold a public hearing to consider request of Wilkerson Investments Co. for a zoning change from M-1 With Conditions to M-1 on 10.89 acres of unplatted land out of section 37, Block AK first reading). ORDINANCE NO. 2004-00049 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1789-D; A ZONING CHANGE FROM M-1 WITH CONDITIONS TO M-1 ZONING ON 10.89 ACRES OF UNPLATTED LAND OUT OF SECTION 37, 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 11:15 a. m. No one appeared on behalf of Wilkerson Investments Co. No one appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. m. The current M-1 zone case for the property was in 1972. During those years, the concept of the Santa Fe Park had yet to materialize completely and the Planning Commission was struggling with the pre-1975 Zoning Ordinance. Conditions were attached to a large number of the cases during those years in an attempt to create better development. The adoption of the 1975 Zoning Code (the model remaining in use today with many amendments) codified many of the issues that were adopted as conditions within individual ordinances prior to that date. Adjacent land uses: North — Manufactured home -park, zoned commercial, South — industrial zoning, vacant, East — vacant, commercial zoned, and West — vacant, zoned industrial. The proposal will allow development of the parcel as light industrial. The Zone Case conditions that exist currently would not allow a typical industrial development. The conditions may have made sense at the time but are not expedient at present. The relevant conditions from the 1972 ordinance include: A 120-foot setback be observed on the north line. 2. Only "warehouse" is a permitted use. 3. All outside storage shall be limited to the rear half of each lot and shall not exceed the height of the surrounding fence. 4. In the M-1 area a solid six-foot screening fence of wood or masonry shall be erected and maintained completely around each tract or lot developed. The proposal is consistent with the Comprehensive Land Use Plan and zoning policy. Although the land to the north is zoned commercial, the use is for a manufactured home park. The Planning Commission agreed with staff that this tract should install a solid screening fence on the north line. A fifty -foot transmission easement on the north line will also prevent any construction up against the trailer park. The proposal will have no effect on the thoroughfare system. 360 Regular City Council Meeting April 22, 2004 Page 361 The Planning Commission recommended the request for approval with one condition: 1. A solid six-foot screening fence shall be constructed on the north line of the property. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00049 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (45.) Ordinance No. 2004-00050 - ZONE CASE NO. 1913-B (east of West Loop 289 between 22nd and 241h Street): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Consolidated Residential, LLC) for a zone change from C-2 to AM Specific Use for a motel on 1.646 acres of unplatted land out of section 44, Block AK first reading). ORDINANCE NO.2004-00050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1913-B; A ZONING CHANGE FROM C-2 TO AM SPECIFIC USE FOR A MOTEL ON 1.646 ACRES OF UNPLATTED LAND OUT OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; SUJBECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:15 a. in. No one appeared on behalf of Hugo Reed and Associates, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. in. The proposal on this site is what is known in the industry as a "Microtel" or "rooms only" small motel project. These facilities offer no guest services other than the rooms. The project is four stories in height and will contain approximately 100 kitchenette units designed for longer stay. The applicant indicated that the typical guests are people transferred to Lubbock and looking for a residence, medically related, short-term contract work or residents having a remodel done on a home. Adjacent land use: North — vacant, zoned C-2 — targeted as a site for a personal care home, South — vacant, zoned C-2, East — apartments, and West —Loop 289. The project is proposed on a narrow strip of land that was left off the apartment area to the east, probably to avoid dealing with development costs adjacent to the Loop. Several years ago the strip was zoned C-2. The area from the Loop east to Frankford, south of the church on 22nd Street to 33rd Street is apartment buildings. The project should have little effect on the overall thoroughfare system. The applicant is discussing access to the Loop service road with TxDOT, and whether 24 h Street will be extended or a cul-de-sac. Two site plans are requested for approval based on the outcome of the street discussion. 361 Regular City Council Meeting April 22, 2004 Page 362 The Planning Commission recommended approval of the request subject to the following condition: 1. Tied to one of the two proposed site plans. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading of this ordinance. Council Member Martin asked Randy Henson, Senior Engineer to explain what a "Microtel" is. Mr. Henson explained that it offers no guest services other than the rooms. There is no swimming pool, etc. Terry Holeman, Hugo Reed and Associates, Inc. gave comments. Kevin Stuckey, Sr. Vice President of Value Place explained that this was an extended -stay motel. Council Member Martin requested that the motion be amended subject to an elevation and site plan being presented to City Council for the second reading. Council Members Boren and Morrison accepted this amendment to pass Ordinance No. 2004-00050. Motion carried: 6 Yeas, 0 Nays. Council Member Martin then requested that staff talk with Lubbock Christian University before second reading to make sure they are not opposed to this case. (46.) Ordinance No. 2004-00051 - ZONE CASE NO. 2573-F (North Brentwood Avenue to North Winston Avenue between Erskine Street and North Loop 289): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for North Loop 289, Ltd.) for a zoning change from R-1, R-2, A-1, A-2, C-2 and C-3 to A-2, AM, and C-3 on 229.3 acres of unplatted land out of section 1, Block XS, and Section 22, Block A first reading). ORDINANCE NO.2004-00051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084.AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-F; A ZONING CHANGE FROM R-1, R-2, A-2, A- 1, C-2 AND C-3 TO A-2, AM AND C-3 ZONING ON 229.3 ACRES OF UNPLATTED LAND OUT OF SECTION 1, BLOCK J-S AND SECTION 22, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:15 a. in. No one appeared on behalf of Hugo Reed and Associates, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. m. The request formalizes a large portion of the proposed development in the Northwest part of Lubbock. Adjacent land uses: North — commercial and residential, South — 4th Street and Buckner's Children's facility, East — Loop 289, and West — residential, park, school site and Buckner's. 362 Regular City Council Meeting April 22, 2004 Page 363 The request is an amendment to the Comprehensive Land Use Plan. The proposed ordinance contains appropriate change language. The project is a large undertaking and a major aspect of the recent interest in Northwest Lubbock. The North Pointe Subdivision, two major duplex developments and medical facilities are among the other key aspects of the focus of growth in the area. A project nicknamed the "Northwest Passage" is underway to facilitate Slide Road under Loop 289, bring Erskine to thoroughfare status from Frankford to Loop 289, and to improve the intersections of Erskine/North Quaker/Loop 289 and 41h Street and Loop 289. The recent improvement at Frankford and Loop 289 has greatly improved traffic access to the northwest areas of Lubbock. These proposed "Northwest Passage" projects are critical to bring the various projects to fruition. The proposal uses the extended Slide Road as a spine for a major commercial area between Loop 289 and Erskine. Filling in the areas behind the commercial are proposed apartment districts, with medical zoning on ten acres in the northeast corner. Because of the configuration of Loop 289 and Erskine, the project is largely buffered from existing residential except in the far southwest corner. A condition is proposed on that tract for screening. On the west line of the project, starting at Erskine, a duplex subdivision, a City park, an Lubbock Independent School District school site and the Buckner's Children's facility separate the proposal from single family. The project will have a huge positive impact on the thoroughfare system in the vicinity. Again, the "Northwest Passage" street improvements are essential to create the ability of Northwest residents to gain access to Loop 289, 44`h Street and Erskine to get either on or inside Loop 289. The Planning Commission recommended the request subject to the following conditions: 1. For the C-3 portions of the project, the Planning Commission shall review and approve proposed construction regarding site design, building perspective and proposed building materials. 2. For the C-3 tract at 4`h Street and Loop 289, a masonry screening fence shall be constructed 100 feet south and 100 feet east along the property lines from the northwest corner with an adequate cut off, subject to drainage related design of 2°d Street. The Planning Commission shall review and approve any alternate caused by the drainage issue. 3. Prior to development of any of the parcels adjacent to Slide Road or Erskine, the Planning Commission will review and approve access (curb cuts). TxDOT has jurisdiction for access to Loop 289 service roads. FISCAL IMPACT: The fiscal effects of the proposed street improvements should be more than offset by the ad valorem base created by the proposed development. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00051 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 363 Regular City Council Meeting April 22, 2004 Page 364 (47.) Ordinance No. 2004-00052 - ZONE CASE NO. 3006 (West of North Boston Avenue from Kent Street to Regis Street): Hold a public hearing to consider request of Burl W. Masters (for Glen Robertson) for a zoning change from R-1 to R-1 Specific Use for garden homes on 13.7 acres of Tract C (first reading). ORDINANCE NO. 2004-00052 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3006; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR GARDEN HOMES ON 13.7 ACRES OF TRACT C, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:15 a. m. No appeared on behalf of Burl W. Masters. No one appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. m. The request will accommodate garden home development along and adjacent to the Hillcrest Country Club. Adjacent land uses: North — vacant, South — Lubbock State School, East — residential, and West — State Park. The proposal is novel, but is routine from a zoning standpoint. The proposed use is in accordance with the Comprehensive Land Use Plan and zoning policies. A number of the residents from the Crest Hill Subdivision appeared in opposition. They are concerned about the row of garden homes proposed along Boston, not those along Kent Street on the south. The homes on interior of the golf course will be standard single family with the exception that access will be on private drives. The land under the golf course is zoned R-1 from when it was annexed, so those homes do not require a zone case. The neighbors are concerned about increased traffic, and some immediately east of Boston expressed concern over losing the view currently available to the west across the golf course. Since the land is already zoned R-1, standard single family versus the proposed garden homes can be built with no zone change. The design proposed for the garden homes would be two curb cuts on Boston for access to a thirty foot private drive that would feed the parking and garages — versus a driveway to Boston for each home. The developer proposes the private drive to reduce individual driveway activity on Boston. While expressing concern for the quiet low traffic life style of the current residents, the Planning Commission recommended approval of the request with the following condition: 1. Tied to the design of the subdivision and private drive submitted with the zone case. FISCAL IMPACT: Not Applicable. 364 Regular City Council Meeting April 22, 2004 Page 365 The staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00052 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (48.) Ordinance No. 2004-00053 - ZONE CASE NO. 3007 (6722 82"d Street): Hold a public hearing to consider request of Keith McNeese for a zoning change from T to C-3 on 2 acres of unplatted land out of section 20, Block AK first reading). ORDINANCE NO. 2004-00053 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3007; A ZONING CHANGE FROM T TO C-3 ZONING ON 2 ACRES OF UNPLATTED LAND OUT OF SECTION 20, 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 11:15 a. in. No one appeared on behalf of Keith McNeese. No one appeared in opposition. Mayor McDougal closed the hearing at 11:16 a. in. The request was originally filed as Interstate Commercial based on a conversation Mr. McNeese had with Planning. At the Planning Commission, the request was amended to C-3 adjacent to 82nd Street and C-4 Specific Use for mini -warehouse development on the north part of the parcel. During the hearing, the owners of the nursery to the east objected to the C- 4 mini -warehouse portion of the project, suggesting that they were hoping for a "higher" level of redevelopment in the area. The nursery has been on the adjacent site for years, and would need to be zoned C-4 if it was not nonconforming. Mr. McNeese was not able to make it to the hearing until the very last, and a person not familiar with the project make the initial presentation. The Planning Commission denied the case as submitted, which was "C-4 Specific Use for mini -warehouse development and all permitted C-3 uses". With a motion to reconsider, the Commission voted favorably to forward the C-3 portion of the request. The adjacent property owners had no issue with the proposed C-3. Mr. McNeese will re -file the mini -warehouse request next month and make a more complete presentation with support from other adjacent property owners. Adjacent Land Uses: North — mixed land uses, South — vacant, East — plant nursery and an indoor skate facility, and West — vacant. The parcel is a 660-foot deep lot off 82nd Street and part of an unplatted subdivision developed long before the area was annexed in 1999. Uses in the subdivision include every imaginable type. The initial request for mini -warehouse development on the north 60% of the lot was based on the depth from 82nd Street being too deep to support strip C-3 commercial development. Several other parcels (82nd Street and University, 50`h Street and Utica, 50`h Street and Indiana, 50`h Street and Flint) have had successful "out of the way" mini projects behind commercial on the thoroughfare. 365 Regular City Council Meeting April 22, 2004 Page 366 The request is a minor revision of the Comprehensive Land Use Plan as amended to include the annexed area. Although the existing strip commercial west of this location is incorporated in the policy map, the frontage of this subdivision on 82"d Street was left as "residential" on the amended Comprehensive Plan primarily not knowing how the area would redevelop. The request for commercial on the frontage is not unexpected and, with the amount of strip commercial on 82"d Street west of Frankford, will not create an issue. The project should not cause an issue with the thoroughfare system. The proposed conditions will request a limitation on curb cuts on 82nd Street. The Planning Commission recommended approval of the request as C-3 uses with the following conditions: The entire tract shall be limited to one curb return on 82nd Street. If two businesses are developed, a common curb return and cross access easement shall be provided. 2. A site plan and building elevation review of structures facing 82°d Street shall be approved by the Planning Commission prior to a construction permit. Building materials for any fagade on 82°d Street shall be substantially masonry. FISCAL IMPACT: Not Applicable. The staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2004-00053 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 49-51. 11:28 A. M. PUBLIC HEARING Items 49-51 were considered following Item 48. (49.) Hold a public hearing to consider a proposed order pursuant to Section 33.001, Texas Utilities Code, directing all electric utilities subject to the regulatory authority of the City of Lubbock, including but not limited to Southwestern Public Service Company, to amend their tariffs to provide for the assessment and collection of deposits on new customers and assess a fee for customer -site utility collections and related provisions. Mayor McDougal opened the public hearing at 11:28 a. in. No one appeared on behalf of this item. No one appeared in opposition. Mayor McDougal closed the hearing at 11:29 a. in. 366 Regular City Council Meeting April 22, 2004 Page 367 ELECTRIC UTILITIES (50.) Resolution No. 2004-RO206 authorizing the Mayor to execute on behalf of the City Council for all electric utilities subject to the regulatory authority of the City of Lubbock, including but not limited to Southwestern Public Service Company, ordering said utilities to amend their tariffs to implement, assess and collect deposits on all classes of new customers served by the electric utility, to implement, assess and collect a fee for customer -site utility collections and that the tariffs of the electric utility be revised in conformity with the terms and conditions of this order. ORDER AND RESOLUTION NO. 2004-RO206 AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, SITTING AS A REGULATORY AUTHORITY UNDER THE TEXAS UTILITIES CODE, SECTION 33.001, AS TO ALL PUBLIC UTILITIES, ORDERING AND RESOLVING THAT ALL ELECTRIC UTILITIES SUBJECT TO THE CITY OF LUBBOCK'S REGULATORY JURISDICTION, INCLUDING BUT NOT LIMITED TO SOUTHWESTERN PUBLIC SERVICE COMPANY, IMPLEMENT DEPOSIT REQUIREMENTS FOR ALL CLASSES OF CUSTOMERS SERVED BY IT AND ASSESS AND COLLECT A FEE FOR CUSTOMER -SITE UTILITY COLLECTIONS; AND THAT THE TARIFF OF SAID UTILITIES BE REVISED IN CONFORMITY WITH THIS ORDER. WHEREAS, pursuant to Section 33.001 of the TEXAS UTILITIES CODE, the City of Lubbock has exclusive original jurisdiction over the rates, operations, and services of an electric utility operating within the corporate limits of the City of Lubbock; WHEREAS, any electric utility, as defined in TEX. UTIL. CODE ANN. § 31.002, located and operating inside the City of Lubbock, including but not limited to, Southwestern Public Service Company (collectively, the "Utilities" or, singularly, the "Utility"), is subject to the regulatory authority of the City of Lubbock; WHEREAS, the purpose of the TEXAS PUBLIC UTILITY REGULATORY ACT (Title 2 of the TEXAS UTILITIES CODE) is set forth in Section 11.002(a) of said Act as follows: The purpose of this title is to establish a comprehensive and adequate regulatory system for public utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the utilities. WHEREAS, the lack of a deposit requirement in the tariffs charged by Utilities for electric service is unreasonable in that it discriminates against those customers who pay their charges promptly and fully, and it further causes the Utilities to seek otherwise unnecessary rate increases to offset the deficiencies in revenues resulting from nonpayment; WHEREAS, the lack of a deposit requirement is presently unfair to the Utilities in that it unnecessarily erodes what would otherwise be a reasonable return to the Utilities; WHEREAS, the lack of a fee for additional cost associated with collecting utility payments at the location of the customer is presently unfair to the Utilities in that it unnecessarily erodes what would otherwise be a reasonable return to the Utilities; WHEREAS, the City Council makes the following findings as to the Utilities: 1. Any electric utility located and operating in the City of Lubbock, including but not limited to, Southwestern Public Service Company, is a regulated electric utility as defined in TEx. UTIL. CODE ANN. § 31.002. 367 Regular City Council Meeting April 22, 2004 Page 368 2. The purpose of the TEXAS PUBLIC UTILITY REGULATORY ACT (TEXAS UTILITY CODE) is set forth in Section 11.002(a) of said Act as follows: The purpose of this title is to establish a comprehensive and adequate regulatory system for public utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the utilities. 3. That any changes to existing tariffs of the Utilities hereinafter ordered are changes in rates of said Utilities as that term is set forth in TEX. UTIL. CODE ANN. § 31.002. 4. That TEX. UTIL. CODE ANN. § 33.001 grants to the governing body of each municipality exclusive original jurisdiction over all electric rates provided by an electric utility within its city. 5. That the duty, in part, of the City Council, sitting as a regulatory authority, in setting rates is set forth in TEX. UTIL. CODE ANN. § 36.003 as follows: "(a) The regulatory authority shall ensure that each rate an electric utility or two or more electric utilities jointly make, demand, or receive is just and reasonable. (b) A rate may not be unreasonably preferential, prejudicial, or discriminatory but must be sufficient, equitable, and consistent in application to each class of consumer. (c) An electric utility may not: (1) grant an unreasonable preference or advantage concerning rates to a person in a classification; (2) subject a person in a classification to an unreasonable prejudice or disadvantage concerning rates; or (3) establish or maintain an unreasonable difference concerning rates between localities or between classes of service." 6. That the tariffs currently implemented are unjust and unreasonable in the following particulars: (a) No deposit is required for any class of customer. (b) The failure to require a deposit discriminates against those customers of said utility who pay their charges in full and on time. (c) The failure to require a deposit produces revenue deficiencies that will require future requests for rate increases to compensate for said revenue deficiency. (d) That customers who pay their charges in full and on time will bear the expense of future rate increases to compensate for the revenue deficiency caused by the lack of an adequate deposit requirement. (e) That the failure to provide for a deposit requirement in the current tariff leads to an erosion of the existing rates necessitating additional rate increases to provide a reasonable return to the Utilities. m Regular City Council Meeting April 22, 2004 Page 369 (f) That the current tariff has no provision to protect against the nonpayment of a bill rendered by the Utilities and a deposit requirement will assist in this regard. (g) That the current tariff has no provision to allow for the collection of a fee by the Utilities to compensate the Utilities for the additional cost of collecting customers utility payments at the customers premises. 1. To carry out the purpose of the TEXAS PUBLIC UTILITY REGULATORY ACT, the current tariffs of the Utilities should be changed to provide for a deposit requirement as hereinafter ordered. 2. That it is the duty of the City Council sitting as a regulatory authority to ensure that every rate made, demanded, or received by any electric utility shall be just and reasonable. It is the further duty of the City Council sitting as a regulatory authority to see that rates shall not be unreasonably preferential, prejudicial, or discriminatory, but shall be sufficient, equitable, and consistent in application to each class of consumers. 3. That the failure of any new tariff as hereinafter ordered, to apply to all classes of customers would be unjust and unreasonable discrimination between classes of customers served and in violation of TEX. UTIL. CODE ANN. § 36.003, and that such tariff would not be consistent in its application to each class of consumers as required by statute. 4. That the City Council sitting as a regulatory authority, after notice and hearing as required in TEx. UTIL. CODE ANN. § 36.15lon its own motion does hereby find that the tariffs of the Utilities should be amended to provide for a deposit requirement for all classes of consumers served by the Utilities as hereinafter ordered; NOW THEREFORE: BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: That any utility located and operating in, and subject to the regulatory jurisdiction of the City of Lubbock, including but not limited to Southwestern Public Service Company, shall amend their tariffs to require a deposit from customers for electric service, and shall apply the following sections of this Order and Resolution when providing electrical services to a consumer: 1. The Utilities shall amend its tariff to require a deposit from a prospective residential electric service consumer in an amount equal to ONE HUNDRED THIRTY FIVE AND NO/100 DOLLARS ($135.00), except as provided herein. 2. The Utilities shall amend its tariff to require a deposit from a prospective commercial and/or industrial consumer in an amount equal to ONE - SIXTH (1/6) of the reasonable and good -faith estimate of annual billings of the consumer, except as provided herein. 3. An applicant for residential electric service shall be exempt from the deposit requirement if any of the following conditions is met by the applicant: (a) i. Proof that during the two years prior to applying for electric service from the Utility, the applicant was a customer of a utility providing electric service for at least twelve (12) consecutive months; and 369 Regular City Council Meeting April 22, 2004 Page 370 ii. While a customer, the applicant was not delinquent in paying for any utility service on more than one occasion; and While a customer, the applicant never had service disconnected for nonpayment; (b) the applicant demonstrates adequate credit, to the satisfaction of the Utility, by producing a letter of credit from a utility providing electric service of whom the applicant was a customer; or (c) the applicant is at least sixty-five (65) years of age and has no outstanding account balance with a utility for utility service that accrued within the last two years. 4. An applicant for commercial and/or industrial service shall be exempt from the deposit requirement if the applicant produces the following information: (a) Proof that during the two years prior to applying for electric service from the Utility, the applicant was a customer of a utility providing electric service for at least twelve (12) consecutive months; and (b) While a customer, the applicant was not delinquent in paying for any utility service on more than one occasion; and (c) While a customer, the applicant never had service disconnected for nonpayment. 5. The Utilities shall pay or credit interest on any deposits required and collected under this Article at a rate and in a manner not inconsistent with applicable orders from the Public Utilities Commission and the TEXAS UTILITIES CODE, as it may from time to time be amended, and, absent conflict with said TEXAS UTILITIES CODE, in accordance with the following terms: (a) If a deposit is refunded within thirty (30) days of its receipt, no interest payment or credit shall be required. (b) If a deposit is retained for thirty (30) days or longer, interest shall be prorated and paid or credited retroactively to the date of collection. (c) Except as provided herein, the customer from whom a deposit has been collected shall be eligible for a refund of said deposit, if elected by the customer and the customer notifies the Utility, when the customer has paid bills for service for twelve (12) consecutive residential billings or for twenty-four (24) consecutive commercial or industrial billings without having service disconnected for nonpayment of charges for such service, and without having more than two occasions on which a bill was delinquent, and when the customer is not delinquent in the payment of the current bill. Refunds to eligible customers shall be made promptly and automatically in the form of cash, or, at the Utilities' sole discretion, as a credit to the customer's bill. (d) If a deposit is collected from a consumer by the Utilities pursuant to this Order and Resolution, the Utilities shall thereafter keep records to show: i. the name and address of each depositor; ii. the amount and date of the deposit; and iii. each transaction concerning the deposit. 370 Regular City Council Meeting April 22, 2004 Page 371 (e) The Utilities shall issue a receipt of deposit to each applicant from whom a deposit is received, and shall provide means whereby a depositor eligible for a refund of deposit may establish a claim for said refund if the receipt shall have been lost by the depositor. (f) Any deposit not previously refunded to the customer or credited to the customer's account as provided herein shall be credited to the customer's final bill for service. 6. That the Utilities be authorized and directed to assess a collection fee in the amount of FIFTEEN AND NO/100 DOLLARS ($15.00) for each payment for utility services that is collected from the customer by the Utilities staff at the customer's residence, place of business or at any place other than those locations designated by the Utility for the collection and payment of charges for the provision of utility services. BE IT FURTHER ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the effective date of this Order and Resolution shall be May 1, 2004, and the Utilities affected hereby shall be in full compliance with this Order and Resolution after the above -mentioned date. That the City Secretary is directed to serve a certified copy of this Order and Resolution upon the Utilities. ORDERED AND RESOLVED by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lou Fox Lou Fox, City Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Natural Resources Attorney The lack of a deposit requirement in the tariffs charged by utilities for electric service is unreasonable in that it discriminates against those customers who pay their charges promptly and fully and it further causes the utilities to seek otherwise unnecessary rate increases to offset the deficiencies in revenues resulting from nonpayment. FISCAL IMPACT: None. Lubbock Power & Light's staff and the Electric Utility Board recommended approval of this resolution. 371 Regular City Council Meeting April 22, 2004 Page 372 Derrell Oliver, Director of Electric Utilities, stated this allowed the utility companies to collect a deposit, as well as a collection fee. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2004-RO206 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (51.) Resolution No. 2004-RO207 authorizing the Mayor to execute an amendment to the general terms and conditions of the tariff of Lubbock Power and Light (LP&L), the municipally -owned electric utility of Lubbock, authorizing the assessment and collection of deposits for all classes of new customers, authorizing a collection fee for customer -site utility collections, and related provisions. RESOLUTION NO.2004-RO207 WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock; WHEREAS, the City of Lubbock desires to change the rates and tariff structure for residential, commercial, industrial, and other retail customers of the City's municipally owned electric utility, Lubbock Power & Light, beginning on May 1, 2004; WHEREAS, pursuant to Section 40.055 of the TEXAS UTILrrY CODE, the City Council of the City of Lubbock has exclusive jurisdiction to set all terms of access, conditions, and rates applicable to services provided by Lubbock Power & Light; WHEREAS, the City Council of the City of Lubbock finds that, as implemented, certain provisions contained in the rate and tariff structure passed by the City Council in Resolution No. 2001-R0103 are no longer in the best interest of the citizens of the City of Lubbock; that the lack of a deposit requirement in said tariff is unjust and unreasonable to customers of Lubbock Power & Light who pay their electric service charges in full and on time because the revenue deficiencies resulting from nonpayment of electric service charges will otherwise require compensatory rate increases to provide a reasonable return to Lubbock Power & Light, and that customers paying their charges in full and on time do and would bear the expense of said rate increases; WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock both to improve the efficiency and competitiveness of Lubbock Power & Light, and further to ensure the just and reasonable imposition of certain costs associated with the provision of electric services to the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT Section 5 of the General Terms and Conditions of the tariff and rate structure of Lubbock Power & Light is hereby deleted in its entirety and replaced with the following: 5. The following fees shall be assessed to customers as applicable: a. Late Fees. All bills for electric service shall be due and payable twenty-two (22) days after issuance. A penalty of five percent (5%) shall be charged to any person, firm, or organization that fails to pay his bill after twenty-two (22) days from issuance. The five percent (5%) late payment penalty shall apply to all classes of customers served. As used in this section, "date of issuance" shall mean the date in which a bill is issued. b. Collection Fee. Lubbock Power & Light be authorized and directed to assess a collection fee in the amount of FIFTEEN AND NO/100 DOLLARS ($15.00) for each payment for utility services 372 Regular City Council Meeting April 22, 2004 Page 373 that is collected from the customer by Lubbock Power & Light staff at the customer's residence, place of business or at any place other than those locations designated by Lubbock Power & Light for the collection and payment of charges for the provision of utility services. SECTION 2: THAT Section 6 of the General Terms and Conditions of the tariff and rate structure of Lubbock Power & Light is hereby deleted in its entirety, and replaced with the following: 6. Lubbock Power & Light shall require a deposit from customers for electric service, in accordance with the following terms and conditions: a. Lubbock Power & Light shall require a deposit from a prospective residential electric service customer in an amount equal to ONE HUNDRED THIRTY FIVE AND NO/100 DOLLARS ($135.00), except as provided herein. b. Lubbock Power & Light shall require a deposit from a prospective commercial and/or industrial customer in an amount equal to ONE - SIXTH (1/6) of the reasonable and good -faith estimate of annual billings of the consumer, except as provided herein. C. An applicant for residential electric service shall be exempt from the deposit requirement if any of the following conditions are met by the applicant: i. the applicant produces, to the satisfaction of Lubbock Power & Light, the following information: A. Proof that during the two years prior to applying for electric service from Lubbock Power & Light, the applicant was a -- customer of a utility providing electric service for at least twelve (12) consecutive months; and B. While a customer, the applicant was not delinquent in paying for any utility service on more than one occasion; and C. While a customer, the applicant never had service disconnected for nonpayment; ii. the applicant demonstrates adequate and available credit, to the satisfaction of Lubbock Power & Light, by producing a letter of credit from a utility providing electric service of whom the applicant was a customer; or iii. the applicant is at least sixty-five (65) years of age and has no outstanding account balance with a utility for utility service that accrued within the last two years. d. An applicant for commercial and/or industrial service shall be exempt from the deposit requirement if the applicant produces, to the satisfaction of Lubbock Power & Light, the following information: i. Proof that during the two years prior to applying for electric service from Lubbock Power & Light, the applicant was a customer of a utility providing electric service for at least twelve (12) consecutive months; and 373 Regular City Council Meeting April 22, 2004 Page 374 ii. While a customer, the applicant was not delinquent in paying for any utility service on more than one occasion; and iii. While a customer, the applicant never had service disconnected for nonpayment; e. Lubbock Power & Light shall pay or credit simple interest on any deposits required and collected under this Section at an annual rate equal to the Three-month Treasury -Bill Rate (the "Published Rate") as published in the Wall Street Journal on the first business day in January of the year in which the deposit is collected, and in accordance with the following terms: i. If a deposit is refunded within thirty (30) days of its receipt, no interest payment or credit shall be required. ii. If a deposit is retained for thirty (30) days or longer, interest shall be prorated and paid or credited retroactively to the date of collection. iii. Except as provided herein, the customer from whom a deposit has been collected, if elected by the customer and the customer notifies Lubbock Power & Light, shall be eligible for a refund of said deposit when the customer has paid bills for service for twelve (12) consecutive residential billings or for twenty-four (24) consecutive commercial or industrial billings without having service disconnected for nonpayment of charges for such service, and without having more than two occasions on which a bill was delinquent, and when the customer is not delinquent in the payment of the current bill. Refunds to eligible customers shall be made promptly and automatically in the form of cash, or check payable to the customer, or at Lubbock Power & Light's sole discretion, as a credit to the customer's bill. f. If a deposit is collected from a consumer by Lubbock Power & Light pursuant to this Section, Lubbock Power & Light shall thereafter keep records to show: i. the name and address of each depositor; ii. the amount and date of the deposit; and iii. each transaction concerning the deposit. g. Lubbock Power & Light shall issue a receipt of deposit to each applicant from whom a deposit is received, and shall provide means whereby a depositor eligible for a refund of deposit may establish a claim for said refund if the receipt shall have been lost by the depositor. h. Any deposit not previously refunded to the customer or credited to the customer's account as provided herein shall be credited to the customer's final bill for service. SECTION 3: THAT should any paragraph, sentence, clause, phrase, or word of this Resolution be declared unconstitutional or invalid for any reason, the remainder of this Resolution shall not be affected thereby. 374 Regular City Council Meeting April 22, 2004 Page 375 SECTION 4: THAT the terms and conditions of this resolution shall be effective for all residential and commercial/industrial customers who choose Lubbock Power & Light to provide their electric service on or after May 1, 2004 and on all existing customers who have been disconnected and become eligible to reconnect with Lubbock Power & Light on or after May 1, 2004. SECTION 5: THAT all other provisions, terms and conditions of the General Terms and Conditions of the tariff and rate structure of Lubbock Power & Light not herein expressly modified or amended shall remain in full force and effect for all purposes. Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald Director of Electric Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Assistant City Attorney LP&L has been experiencing high uncollectable write-offs and has spent more man-hours than usual collecting late accounts. Deposits and collection fees should help rectify these collection problems. FISCAL IMPACT: The collection fee is expected to generate $90,000 per year in additional revenue. Deposits are expected to reduce uncollectable write-offs. To date this year, uncollectable write-offs total $1.2 million. LP&L's staff and the Electric Utility Board recommended approval of the resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2004-R0207 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 54-55. FINANCE Budget and Research (52.) Ordinance No. 2004-00054 amending the Fiscal Year 2003-04 Budget first reading). 375 Regular City Council Meeting April 22, 2004 Page 376 ORDINANCE NO.2004-00054 AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. This item was considered following Item 58. Staff presented the revised budget for Fiscal Year 2003-04 for all operating funds as well as Capital Projects funds during the City Council Meeting on April 22, 2004. A summary overview by fund was provided in council backup. FISCAL IMPACT: Not applicable. Staff recommended approval of this ordinance. City Manager Fox thanked Beverly Hodges, Interim Chief Financial Officer and Melissa Trevino, Budget Manager for their hard work and all the department managers and all those who participated in the budget revised process. He stated that overall there is not a large change in the revised versus the adopted. There is a variance of $706,000, which amounts to a .412% increase in the amounts budgeted initially. He then turned it over to Ms. Hodges and Ms. Trevino. Mayor McDougal asked about the CIF fund. He stated that the City had borrowed money (basically from ourselves) to pay for the Tyco deal. He asked if there would be enough funds in the CIF fund to pay this off. Ms. Hodges stated there would not be. She stated the auditors said once the 4A election passed, in their minds it basically rendered that $6m receivable, to and from ourselves, as uncollectable. Council Member Martin stated that when the budget was adopted this year, two positions were eliminated in the budget department. One is back in the department. Ms. Hodges stated they had funding for part-time interns and they had used this person to help get through the revised process and update the indirect costs allocations. She stated they brought the part-time employee back at the same salary, less benefits. Council Member Martin asked about the increase in the Finance Department. Ms. Hodges stated that in Accounting in budget, "reduction in force" of the two positions happened at a time where there was some bleed over into this fiscal year. They were not off payroll until November. Council Member Boren asked "when you bring an employee back on a part-time basis, is that a city policy you are following or is that an arbitrarily manner of discretionary oversight that you want to pay someone X amount? How does that work?" Scott Snider, Director of Human Resources, stated "that managers have discretion over their budgets on how they use their temporary employees' budgets. Certainly, to make decisions on whether to bring someone in for the contracted services or to bring back retired employees or individuals whom they know have the skills to be able to do what they need. Sometimes it's more efficient to bring in somebody who is trained and knows, rather than bring in somebody you have to spend more time with that can be less effective." 376 Regular City Council Meeting April 22, 2004 Page 377 Council Member Martin asked if they thought "it could appear to citizen elected volunteers that serve up here and have made some tough decisions in budgetary matters and eliminated some positions and then someone turns right around and hires them back. Do you think that appears a little funny to the decision makers who make those decisions? Kind of like a slap in the face." Mr. Snider stated he understood Council having questions over those particular things, but he couldn't speak for the managers who make those decisions. Quincy White, Assistant City Manager, stated that "the employee being spoken about was brought back on his watch and this was certainly not intended to be a slap in the face. From a human resources standpoint, RIF means we have a budget problem. We did not have an employee problem. The individuals left the City in good standing. There was a part-time budget and it made sense at the time to bring someone back who was experienced in that particular area." He stated that when they cut two employees in the budget, the part-time budget was still there for part-time employees and interns and they accessed that to get through a tough time. Council Member Morrison asked if in prior years, "the part-time help budget was spent or did we do it with the full-time staff?" Assistant City Manager White stated they did it with full-time staff and a combination of part-time employees and interns to use the additional budget. Melissa Trevino, Budget Manager, stated that this employee was brought back to conduct the indirect costs plan. Previously, the plan was done by outside firms. After purchasing software, the elimination of employees included people who knew how to use the software. Having the money available led them to allow the knowledgeable employee to work part-time. Ms. Hodges stated that last fall, all printing and postage coming through Purchasing was captured solely in Purchasing, rather than spread it out throughout the other departments. Council Member Morrison asked about the additional $35,000 accounting was asking for. Ms. Hodges stated it was for the CFO search. Council Member Gilbreath stated he wanted to see a balance sheet before second reading. Ms. Hodges said she would provide it. He also asked if the audit would be done by then, so there would be a good starting point for the balance sheet. City Manager Fox stated he thought he would have a draft by then. But he would check with the auditors. Council Member Morrison stated he had previously asked about data processing and was told we couldn't touch that. He also said, "it sounds like we set the budget, break it apart over departments, and they don't have a decision of whether they use that much or not." Ms. Hodges stated there is a scheduled charge and the department can determine how much they will use, which includes laptops, etc. 1:58 P. M. CITY COUNCIL RECESSED 3:55 P. M. CITY COUNCIL REGULAR MEETING RECONVENED All council members were present except Council Members Hernandez, Morrison and Patterson Beverly Hodges, Interim Chief Financial Officer, continued her presentation of the revised budget. 377 Regular City Council Meeting April 22, 2004 Page 378 Council Member Martin asked if they had "swept all of the unallocated bond funds spread through the organization back into the interest and sinking fund as Council directed a couple of months ago?" Ms. Hodges stated the funds would be budgeted for debt service as directed in the proposed budget. She stated a copy of that report was provided to Council. Council Member Martin stated to City Manager Fox that he had been on Council for two years and had never received a budget, a CAFER or anything that accounts for those bond funds. He stated he thought Council directed the City Manager to do that a couple of meetings ago. City Manager Fox said they had done that. Council Member Boren asked where we are on the seal -coat program. Craig Farmer, Managing Director of Planning & Transportation, stated we are behind because of vacancies in personnel. Council Member Gilbreath asked about the requests that were denied, i.e. library materials. He requested that staff bring back recommendations for adding money to library books and periodicals before second reading. Council Member Martin asked what the MHMR Water Fund project was. Sherry Stephens, Water Programs Manager, stated the City did contract with MHMR to do some water and sewer installation for them. The job was bid and the City came in under budget. Council Member Martin asked James Loomis, Director of Aviation, if airline boardings were down. Mr. Loomis stated they were not. He stated they were conservative on the parking lot estimate. Council Member Martin stated that Mayor McDougal had previously mentioned using Citibus to operate the parking facility and to provide the shuttle bus service. Mayor McDougal stated he had asked John Wilson, Citibus General Manager to take a look at that operation. Craig Farmer, Managing Director of Planning & Transportation, stated Mr. Wilson had looked into that, but they couldn't make it work. Mr. Wilson stated that since a new RFP has come out, he thought he could make it work and would bring it back to Council. Mr. Loomis stated that he would be willing to work with Mr. Wilson. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass on first reading Ordinance No. 2004-00054 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. This was the last item considered and Council adjourned at 4:28 p. m. MISCELLANEOUS Communications/Legislative (53.) Resolution No. 2004-RO211 opposing the stand of the Texas Municipal League concerning Property Tax Reform issues in the special Texas Legislative Session. RESOLUTION NO. 2004-RO211 WHEREAS: The City Council of the City of Lubbock has staunchly supported and taken direct action to provide tax relief to property owners within our municipality; and 378 Regular City Council Meeting April 22, 2004 Page 379 WHEREAS: The City Council continues to support the ability of municipalities to exercise local autonomy to provide for the public safety, public health, and quality of life of its citizens; and WHEREAS: The Lubbock City Council disagrees with the Texas Municipal League in that organization's effort to oppose three key areas of property tax reform that are proposed for adoption as part of the upcoming Special Legislative Session on School Finance Reform; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council, supports the following principles with regard to the property tax reform plan: 1. The City of Lubbock favors the ability of local elected officials to serve on local property tax appraisal boards; and, 2. The City of Lubbock favors the capping of residential property appraisal increases for taxation purposes to three percent per year; and, 3. The City of Lubbock favors limiting the amount of revenue local governments can raise from property taxes to the amount raised the previous year plus an inflation and population growth factor. Any increase of revenue beyond this proposed limitation would require approval by a vote of the people. Passed by the City Council this 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: _ /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney This item was considered following Item 57. Council Member Tom Martin requested that this item opposing the position of the Texas Municipal League (TML) on three specific areas of property tax reform be placed on the agenda. These areas of property tax reform are to be considered at the upcoming special session of the Texas Legislature. In opposing the Texas Municipal League, the City of Lubbock expresses support for the following property tax reform proposals: • The City of Lubbock favors the ability of local elected officials to serve on local property tax appraisal boards; and, • The City of Lubbock favors the capping of residential property appraisal increases for taxation purposes to three percent per year; and, 379 Regular City Council Meeting April 22, 2004 Page 380 The City of Lubbock favors limiting the amount of revenue, which local governments can raise from property taxes to the amount raised the previous year, plus an inflation and population growth factor. Any increase of revenue beyond this proposed limitation would require approval by a vote of the people. FISCAL IMPACT: The fiscal impact of the adoption of these property tax reform measures is uncertain. Last year, City Council offset the increased amount of revenue received from increased property valuations by proportionately reducing the property tax rate. Staff prepared the Resolution at the request of Council Member Tom Martin. Mayor McDougal asked for the amount the City of Lubbock pays in dues to the Texas Municipal League. Beverly Hodges, Interim Chief Financial Officer, offered to get the numbers. Council Member Martin then read the resolution as written for adoption, which included the above bulleted items. Mayor McDougal expressed the fact that TML has asked for approval to spend $30,000 to hire a lobbyist to basically fight cities that pay their dues. He stated that when the amount paid for TML dues is received, Council will need to consider whether or not they want to continue to help TML's lobbyist to fight our positions. Council Member Gilbreath asked staff if there is anything in the bond covenants which would preclude Council from being able to limit appraisal growth. Beverly Hodges, Interim Chief Financial Officer, stated the inclusion of the debt service covers that. Council Member Martin stated that the 3% cap applies to discretionary spending and debt services is not considered under state law as discretionary spending. You have to pay your debt. Anita Burgess, City Attorney, stated that "the bond covenants address the issue, which is the City's ability to raise rates. That is distinguishable between the notion of affecting the appraisal process. So you are dealing with two different issues." Council Member Boren stated that he didn't want TML to think that they speak for the City of Lubbock. Council Member Morrison stated TML establishes policies based on the votes of the members. He cautioned Council against discontinuing the association with TML, because Council depends on the relationship they have with other cities when it comes to other state issues or grant funding or federal issues. He said we need that relationship to maintain that position as a part of this state. "If we separate ourselves from TML, we are going to re -enforce the philosophy that Lubbock thinks it can do whatever it wants to do." City Manager Fox stated that "Proposition 13 essentially froze taxes on existing homeowners. When a house was constructed and appraised, it went on the tax rolls for that value. If the house sold for $200,000 more than the owner paid for it, that new home would go on the roll. But then that amount would be frozen. California has suffered from Proposition 13, which was stimulated by the reckless increase in tax rates." City Manager Fox expressed there has to be a balance and his concern was that we would give up incrementally our home -rule. k:1 Regular City Council Meeting April 22, 2004 Page 381 Council Member Boren stated that "you couldn't be a home -rule city if you drive people out of their homes because they can't afford to pay the taxes on them. That's what's happening in Lubbock. The best rule of thumb is to keep local control to where people have to vote to raise your taxes and quit hiding behind the appraisal tax creep that goes on." Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2004-RO211 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Morrison voted Nay. Mayor McDougal stated that after council reconvenes he would like Police Chief Jones and Fire Chief Hailey to make a public presentation on what kind of technology they currently have and if they are using old, worn-out equipment. 12:05 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Member Hernandez 1:02 P.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers All council members were present except Council Member Hernandez The first items considered after council reconvened were Items 59-63. PLANNING AND TRANSPORTATION Items 54-55 were considered following Item 51. Business/Neighborhood Development (54.) Resolution No. 2004-RO208 authorizing the Mayor Pro-Tem to execute an Amendment to the Agreement between the City of Lubbock and McCanton Woods, Ltd, regarding the funding of acquisition of additional property in North Overton Tax Increment Finance Reinvestment Zone. RESOLUTION NO.2004-RO208 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Agreement between the City of Lubbock and McCanton Woods, Ltd. regarding the funding of acquisition of additional property in the North Overton Tax Increment Finance Reinvestment Zone. 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 22nd day of April, 2004. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary /S/ T. J. PATTERSON T. J. PATTERSON, MAYOR PRO TEM 381 Regular City Council Meeting April 22, 2004 Page 382 APPROVED AS TO CONTENT: /s/ Craig Farmer by Rob Allison Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section This Amendment clarifies the responsibilities of the Developer (McCanton Woods, Ltd.) to pay all costs, expenses, liabilities and damages, which are incurred by the City of Lubbock, related to the acquisition by condemnation or conveyance of any properties acquired or purported to be acquired in the condemnation process. FISCAL IMPACT: The Developer is responsible for all expenses associated with the acquisition of properties in North Overton. Staff recommended the approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO208 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (55.) Resolution No. 2004-RO209 authorizing the Mayor Pro-Tem to execute a Special Warranty Deed from the City of Lubbock to McCanton Woods, Ltd. for the property described as Lot 3, Block 126, Overton Addition, Lubbock County, Texas. RESOLUTION NO.2004-RO209 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Special Warranty Deed from the City of Lubbock to McCanton Woods, Ltd. for the property described as Lot Three, Block One Hundred Twenty Six (126), Overton Addition to the City of Lubbock, Lubbock County, Texas. Said Warranty Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of April, 2004. /S/ T. J. PATTERSON T. J. PATTERSON, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 382 Regular City Council Meeting April 22, 2004 Page 383 APPROVED AS TO CONTENT: /s/ Craig Farmer by Rob Allison Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of the Letter of Award is filed with Resolution No. 2004-R209. This Warranty Deed conveys the property located at 2305 61h Street to McCanton Woods, Ltd. This action is as per the amended Developers' Agreement regarding the funding of property acquisition through the condemnation process. FISCAL IMPACT: The Developer is responsible for all expenses associated with the acquisition of this property in North Overton. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0209 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 57. Community Development (56.) Resolution No. 2004-R0184 on the Community Development Service Board's (CDSB) recommendation for the reallocation of 2003 CDBG grant funds and Program Income. RESOLUTION NO. 2004-R0184 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock BE does hereby approve the allocations as set forth in Exhibit "A" for the 2003 Community Development Block Grant funds and Program Income and any other documents. Passed by the City Council this 22nd day of April, 2004. /S/ MARC 11,41CDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 383 Regular City Council Meeting April 22, 2004 Page 384 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims _ Amy Sims, Assistant City Attorney This was the first item considered. On February 11 and March 9, 2004 the Community Development Services Board 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, this saves requesting general funds for this requirement. This item had a public hearing to allow for citizens comments at the March 23, 2004 City Council meeting. After the required comment period, this item is now brought back for a vote. Nancy Haney, Community Development Director, gave staff comments. Council Member Martin asked if on the CDBG funding, the amounts stated above, minus the $200,000 from the HOPE program has to go back to that program? Ms. Haney stated that it had to go into affordable housing. 384 Regular City Council Meeting April 22, 2004 Page 385 Council Member Martin asked if the other items, totaling $250,000, are basically available for any eligible issue? Ms. Haney stated that was correct. Motion was made by Council Member Martin, seconded by Council Member Boren that rather than the things mentioned on the $250,000, that it be placed in Community Development or Neighborhood Services budget for additional Code Enforcement Officers and demolition of substandard structures and to pass Resolution No. 2004-RO 184. Council Member Patterson requested that Link Ministries receive the $75,000 as recommended, as that would be cleaning up the area. Council Member Morrison stated that he didn't want to give the Community Development Services Board the sense that City Council is taking any responsibility away from them. Ms. Haney stated that the Board is of the opinion that new information has come to light and they feel they play a vital part in this process and appreciate any input from the Council as to what its priorities are. Council Member Boren asked City Manager Fox to bring back a preliminary budget to Council for the balance of $155,000 determining how many code enforcement officers could be hired and what part would be for demolition. Council Member Martin amended the motion, seconded by Council Member Boren as follows: $200,000 for the HOPE III Program Income, $75,000 to Link Ministries, $20,000 to YWCA and the balance of $155,000 to code enforcement improvements and substandard housing or building demolition, subject to City Manager Fox bringing back a budget for these items and to pass Resolution No. 2004-RO184. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 13-23. Streets and Paving (57.) Resolution No. 2004-RO210 authorizing the Mayor to sign an agreement with Parkhill, Smith and Cooper, Inc. (PSC) for preliminary engineering services for Milwaukee Avenue paving from 341h Street to 981h Street. RESOLUTION NO.2004-RO210 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement between the City of Lubbock and Parkhill, Smith & Cooper, Inc., for preliminary engineering services for Milwaukee paving from 341h Street to 98`h Street. 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 22nd day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting April 22, 2004 Page 386 APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, P.E. City Engineer APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R210. This item was considered following Item 55. During the work session of the March 23, 2004 City Council meeting, the Council discussed the possibility of paving the four miles of Milwaukee Avenue from 341h Street to 98`h Street. The discussion focused on the following issues: • Need for an improved north -south thoroughfare west of Loop 289. • Provide an alternate route for traffic during the construction of the Marsha Sharp Freeway. • The developers' interest in participating in their share of the costs of paving this thoroughfare now (even prior to being ready to plat the adjacent properties). • The current situation of having only four to six landowners of practically all of the abutting undeveloped properties, making an agreement between the City and those few landowners a reasonable possibility. • The need to expedite this possible project for traffic needs during the freeway construction, as well as negotiations with the landowners prior to their selling off smaller portions of their land At the conclusion of that work session, Council directed staff to move forward in looking at options to expedite this possible project. As discussed with Council, the landowners/developers will require a good cost estimate of the proposed paving improvements. To make their decisions on participating in the project, they will also require what their share of that thoroughfare paving cost will be. There are a number of design issues, which will impact the accuracy of an estimated cost that can be given to the developers, including: • Major drainage issues, including considerable amounts of runoff in three locations of overflow of playa lake systems, as well as normal runoff issues. • Alignment issues. • Intersections of Milwaukee Avenue at Spur 327 and Brownfield Highway. • Possible staged construction in constructing full width paving, or partial width with unimproved median areas. • Possible staged construction of pieces of the north -south four -mile thoroughfare street. t:. Regular City Council Meeting April 22, 2004 Page 387 • Possible utility conflicts, or utility needing installation prior to paving construction. • Interest by Council of looking at life cycle cost analysis of concrete vs. asphalt paving. The complexities previously listed on this project made it apparent that an engineering firm was needed soon, and work needed to begin immediately to meet the desired timeframe discussed by the Council. It was determined to begin discussions with Parkhill, Smith and Cooper, Inc. (PSC) to determine a scope of work, a possible price to perform the work, and a proposed schedule for the work. Beginning discussions and negotiations with an engineering consultant does not follow normal City of Lubbock Purchasing policies, but is not in violation of the laws of the State. Normal City policy would solicit a RFP (Request for Proposals) or RFQ (Request for Qualifications) for professional engineering services from consulting firms on a project such as this. A selection process is then made by the City to determine the most qualified firm to perform work on that particular project. In this particular case, contact was initiated with PSC because of the proposed Council timeframe, staff knowledge of the firm, and past experience in working with the firm. Having worked with PSC on numerous paving and drainage projects, the staff believed their firm was qualified to perform this work. The size of their firm was also considered as a positive item in their ability to have adequate resources to expedite the completion of the desired project. In discussions with PSC, they intend to enlist the assistance of at least two local civil engineering consulting firms (Hugo Reed & Associates and Abacus Engineering), as well as using local firms for surveying and geotechnical engineering evaluations. For the above -described reasons, the staff discussed, established a scope of work, and has reviewed an agreement for preliminary engineering services for the Milwaukee Avenue project with PSC. The scope of work was broken down into the following major work tasks: • Evaluate existing information — A number of issues related to alignment and drainage, as well as the crossing of three state highways will impact the project. PSC will pull together relevant information from the City (Engineering, Parks, Utilities, Traffic), the two civil consultants (have done significant work for the developers along this corridor), and TxDOT. • Prepare life cycle analysis of concrete vs. asphalt paving. • Refine plan and profile — the horizontal and vertical alignment will have significant impact on the cost of the paving project, including possible culvertibridge costs and tie-ins at the major intersections (especially Spur 327 and Brownfield Highway). • Prepare and refine opinions of probable costs. • Prepare a construction -phasing plan. • Prepare a final report and presentation to the City Council. 387 Regular City Council Meeting April 22, 2004 Page 388 Assuming receiving a notice to proceed on April 22"d, PSC has submitted a schedule for proposed completion of these preliminary engineering tasks by the end of June 2004. This contract is structured as an hourly rate reimbursement to PSC, with a "Not to Exceed" total compensation of $122,830, $100,320 in personnel services and $22,510 in reimbursable expenses. The contract is also structured so that at any point, should the City determine to stop the project, all work would cease and PSC would only be reimbursed for the work done up to that point. In reviewing the proposed scope of work, and following discussions with PSC, the staff believes that a significant amount of the work to be accomplished under this contract will be of use and benefit, even if it is determined that Milwaukee will not be built now. These benefits include: • The data will be used by the staff in review of future preliminary plats, final plats, development plans and drainage plans in determining appropriate design of drainage structures, and horizontal and vertical alignment. • The life cycle analysis will be useful on any proposed paving projects. • The estimates will give accurate quantity amounts, with only adjustment for prices due to inflation needed in future years. Should the project to pave Milwaukee Avenue go forward, the detailed preparation of plans, specifications, and estimates will require another contract with PSC, or another civil consulting firm. But the preliminary work proposed in this contract should help minimize the work needed to complete the design project. FISCAL IMPACT: Should the Council approve this agreement for engineering services with PSC, the staff will bring a reimbursement resolution to the Council in a future City Council meeting to establish the funds for the "not to exceed" amount of $122,830 needed for this project. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2004-RO210 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 53. BOARD APPOINTMENTS (58.) Consider board terms for the Community Relations Task Force. This item was considered following Item 63. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to appoint Bonner Bennett as Chair of the Community Relations Task Force. Motion carried: 6 Yeas, 0 Nays. Per Ordinance #00032, four of the initial appointees will receive initial one year terms as determined by the City Council. Request that the Council draw lots to determine which members have one- year terms and which have two-year terms. im Regular City Council Meeting April 22, 2004 Page 389 Board Members are: Bonner Bennett (Chair) Cindy Finley Juan Mancias Martha Medina Earnest Merritt Andrea Rangel Gail Tutino Motion was made by Council Member Gilbreath, seconded by Council Member Morrison that Chair serve a two-year term. Motion carried: 6 Yeas, 0 Nays. Council then drew lots as follows: Cindy Finley, one-year term; Juan Mancias, two-year term; Martha Medina, one-year term; Earnest Merritt, one-year term; Andrea Rangel, one year term; and Gail Tutino, two-year term. The next item considered was Item 52. Items 59-63 were the first items considered after council reconvened at 1:05 P.M. (59.) Consider appointments to the Audit Committee. Motion was made by Council Member Morrison, seconded by Council Member Martin to reappoint Michael Epps and Kim Turner to the Audit Committee. Motion carried: 6 Yeas, 0 Nays. (60.) Consider appointment to the Board of Health. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Suzanne Beck to the Board of Health. Motion carried: 6 Yeas, 0 Nays. (61.) Consider appointment to the Citizens Traffic Commission. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Nathan Lee to the Citizens Traffic Commission. Motion carried: 6 Yeas, 0 Nays. (62.) Consider appointments to the Culture and Arts Commission. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint James Douglass, Don Kittrell, Beena Variyam and Jane Henry to the Culture and Arts Commission. Motion carried: 6 Yeas, 0 Nays. (63.) Consider appointment to the Public Transit Advisory Board. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Ronald Phillips to the Public Transit Advisory Board. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 58. 4:28 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Gilbreath made a motion to adjourn. Mayor McDougal adjourned the meeting. 389 Regular City Council Meeting April 22, 2004 Page 390 Read and approved this �1� day of�005. ATTEST: Rebecca Garza, City Secretar�,,) 390