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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/15/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 15th day of July, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, Council Member Tom Martin, Council Member Floyd Price Absent: No one CITIZEN COMMENTS One citizen expressed comments to the Council. Stan Smith spoke to Council about abortion. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation; the purchase, exchange, lease, or value of real property; personnel; and competitive matters of the public power utility" as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law". 7:39 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present (1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Cemetery; 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 (Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary) and take appropriate action. ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to discuss and deliberate the operation, governance, organization, strategic and business plans, reports, options and studies of the City's electric utility, Lubbock Power and Light. 8:51 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present Regular City Council Meeting July 15, 2004 Page 6 ( 5•) Report from the Community Relations Task Force, relaying data gathered by the Community Relations Commission and recommendations for improving community awareness. Bonner Bennett, Chairperson of the Community Relations Task Force, updated the Council on the activities and recommendations of the Community Relations Commission. He reported that continuing a proactive response to diversity and cultural awareness would benefit the citizens of Lubbock. This report, which had been prepared, but had not been presented, contained proactive recommendations designed to prevent incidents, such as the vandalism that occurred at Lubbock's Mosque. Mayor McDougal requested that the results of this report concerning the Youth/Education Forum be forwarded to the Superintendent of Lubbock Independent School District. ( 6.) Report from Keep Lubbock Beautiful regarding accomplishments and future activities. Beth Bridges, immediate past Chairperson of Keep Lubbock Beautiful, updated the Council on the activities and recommendations of Keep Lubbock Beautiful. She discussed the success of past programs, such as citywide cleanups, Second Saturday cleanups, and Christmas tree pickups. She highlighted their partnership and discussed future goals and their concerns regarding fundraising activities. Ms. Bridges stated that her committee needs access to funds raised. Council Member Martin stated that a part of the issue on the donated funds was, that in some of the other city operations, there was a lack of controls on that money. The City Council decided to put the clamps down on this until new operating procedures have been worked out and make sure all of this money is accounted for. Jeff Klotzman, current Chairperson, also made comments. Mayor McDougal stated there was a meeting scheduled for Wednesday, July 14Ih, which was cancelled, in relation to the North/East Lubbock Development Corporation for a clean-up day for North and East Lubbock. Mayor McDougal asked Jose Madrigal, Assistant to the City Council, to make sure the Keep Lubbock Beautiful Committee is invited when the meeting is rescheduled. Council Member Martin suggested that a plan be developed for the disposal of hazardous household waste, such as computers, computer equipment, paint, etc. He stated that if the City could partner with some of the businesses offering to take the computers and computer equipment back, there might be some revenue involved. Karen Murfee, Program Specialist, stated that on the Second Saturday clean-up days, they do accept paints and also educate the citizens on the disposal of such items. Council Member DeLeon recommended that more support be provided to assist the citizens and not make them wait so long. Mr. Klotzman stated they were working on location and time changes to accommodate the citizens. (7.) Presentation on the status of all parks in the City of Lubbock. Council Member DeLeon stated that she requested this item be presented before the budget hearings in hope that more money might be budgeted to upgrade our city parks. .n Regular City Council Meeting July 15, 2004 Page 7 ave a PowerPoint b' Pemberton Parks and Recreation Director, g Cor m. presentation on park projects. Council Member Jones stated she had been approached about the covers on the playground equipment being in disarray. The citizen thought it was the quality of the covers and the winds had torn them up; however, it was caused by vandalism. She suggested that the City should ask the neighborhood citizens to be more aware of what is going on in their parks, thus reducing the amount of vandalism. ( g.) Presentation on all homes and businesses, within the City of Lubbock, who currently do not use City sewer services. Terry Ellerbrook, Managing Director of Public Works, gave a presentation. Council Member DeLeon requested this item and asked if there were any plans for the City to run lines in the Canyon area. Mr. E;llerbrook stated that each case was site specific and if it was within 150 feet, the City would extend the line, but the citizen would have to pay the prorata and the tap fees. Chester Carthel, Chief Engineer, Water Utilities, also gave comments. (9.) Hear a presentation, and the recommendations, from representatives of Fugro South, Inc. on the City of Lubbock's standards and practices related to utility backfill and paving repair procedures. In 2003, the City Council approved a contract with Fugro South, Inc., a geotechnical engineering firm, to review the City of Lubbock's standard practices and procedures related to requirements for backfill operations of trenches and excavations in the public right-of-way, as well as review of the City's paving repair standards. The firm has recently completed their review, prepared their report and recommendations, and presented their findings to the City Council. A copy of the narrative portion of their report and recommendations was included in the City Council backup materials. John Wooley, P.E. and James Moulthrop of Fugro South, Inc. gave a presentation. Craig Farmer, Managing Director of Planning & Transportation, gave comments. Council Member Martin asked Larry Hertel, City Engineer, if he endorsed the recommendations made by Fugro South, Inc, and if so, what would Council need to do. Mr. Hertel stated that he has an expanded level package, which will be in the budget for Council's consideration for right-of-way management to take more control of what is going on the in the public right-of-ways. Council Member Martin asked Mr. Hertel if he would be preparing an ordinance making changes to the Code. Mr. Hertel stated that a comprehensive right-of-way management ordinance was in the works and it should be brought forward within the new few months. Council Member Martin stated that if this was the direction Mr. Hertel needed, he thought the Council was ready to move. Council Member Jones requested an update on the right-of-way utilities for 98'h Street from University to I-27 in the near future. 7 Regular City Council Meeting July 15, 2004 Page 8 Council Member Martin asked when construction would start on 98 h Street. Mr. Hertel stated that he was waiting for recommendations from Parkhill, Smith and Cooper. Council also discussed the following: • City go with mechanical compaction, rather than jetting or watering; • Strengthening the permitting process; • Strengthening inspection of those service; and, • Doing a cost analysis ( 9A.) Presentation by Lubbock Power and Light, updating on the transition of the separation of Lubbock Power and Light, and updating the status of notification of bond holders for release from the City without having to defease the bonds, the timeline for completion of this process, clearance dates for the Justice Department, and status and examples of the language to be used for election purposes of changing the Charter. Council Member Boren requested this item. Vince Viaille, First Southwest Company, stated that bondholders with $5.9m of the $27m bonds have responded. Of that amount, those holding $5.3m have responded positive with "yes" votes; those holding $673,000 have responded negative with "no" votes. The cut-off period is July 20th, 2004 and the bulk of the votes should be in at that time. However, if we do not have 51 % approval, but are close to that, we can extend that deadline date for the others to vote. This is the first option to be able to change the LP&L ordinances. He stated that the percentages look good for this. Damian Pantoya, Chief Accountant for Lubbock Power and Light, gave a report on a study done by Bob Beam, with Bolinger, Seger, Gilbreath, concerning indirect costs allocation to LP&L from the City of Lubbock. In his report, Mr. Beam stated that he felt the overall allocation process was appropriate and he liked it. He suggested looking at Human Resources, Purchasing and Information Technology. W. R. Collier, Chair, Electric Utility Board, stated they are making good progress in efforts to run LP&L as a freestanding business and he anticipates a charter election in November. Council Member Martin asked Anita Burgess, City Attorney, if a charter amendment election was to be held on November 2nd, what is the absolute latest date Council can call that election. Ms. Burgess stated she liked ninety days to pre -clear. Council Member Martin then asked that this item be placed on the July 21s`, 2004 agenda. Mayor McDougal concurred. 10:59 A. M. WORK SESSION RECESSED 11:10 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Jim Gilbreath; Council Member Phyllis Jones; Council Member Tom Martin; Council Member Floyd Price; Lou Fox, City Manager; Anita Burgess, City Attorney; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney Absent: No one Regular City Council Meeting July 15, 2004 Page 9 Mayor McDougal called the meeting to order at 11:10 A. M. (10.) Invocation by Pastor Paul Cunningham, Senior Pastor of Westminster Presbyterian Church. (11.) Pledge of Allegiance was given in unison by those in the and the Texas flag. Ty Council States flag Chambers to both the United g BOARD APPOINTMENT RECOGNITIONS Community Relations Task Force Receiving: Alice Chavez Public Transit Advisory Board Receiving: Cindy Finley Urban Design/Historic Preservation Commission Receiving: Jone Fisher Chuck Hardy (unable to attend) Kenneth Pierce (unable to attend) Jason Hodges Christopher Ritter CITIZEN APPEARANCES (12.) Presentation of a special recognition to commemorate July 2004 as National Recreation and Parks Month in Lubbock. The purpose of National Recreation and Parks Month is to showcase our local, state and national parks and to encourage community participation in quality, leisure activities for all segments of the population. The National Recreation and Parks Association has chosen the theme of "Healthy Lifestyles and Livable Communities" to highlight the importance of parks and recreation in the lives of our citizens. The City's Parks and Recreation Department has "Something For Everyone" throughout the year and offers the following leisure activities in July as part of National Recreation and Parks Month: • July 4t' - Mackenzie Park hosted the Evening Concert and Fireworks Celebration for Broadway Festivals. • July 2004 — Parks and Recreation is hosting the first annual Parks Photography Competition and Exhibition at the Garden and Arts Center, comprised of photos taken in Lubbock parks. • July 7`h — Children's Theater in the Parks performed "Snow White and the Wicked Queen" for the last time for the summer at Maxey Park at 2:00 p.m. • Summer camps continue at our Community Centers, Garden and Arts Center, and Tennis Center with over 450 kids participating! • Wagner Park is home to the West Winds Brass Band Sunday Concerts at 8:00 p.m. on July 11, 18, and 25. • The weather in July is perfect for boating and camping at Lake Alan Henry or for a picnic dinner at one of Lubbock's 70+ parks. • Lunch is served Monday -Friday during July for senior citizens at each of the Senior Centers and for youth at Community Centers and schools with 13,000+ lunches served in July 2003. 0 Regular City Council Meeting July 15, 2004 Page 10 • Youth softball takes center stage with State Tournaments on two weekends in July. • July's Concert in the Park is on July 22°d at 7:30 p.m. at Lopez Park with Kenny Maines and Friends, hosted by the North by Northwest Neighborhood Association. • Just $2 gets a family of four in one of the municipal pools for Family Swim Night on Tuesdays, throughout the month of July, from 7:00-9:00 p.m. • Tennis players and fans will enjoy the Junior Tennis Tournament on July 23-25 and adults the Meals On Wheels Tournament on July 30-August 1 at the Burgess -Rushing Tennis Center. Randy Truesdell, Parks and Recreation Director and Corbin Pemberton, Community Projects Manager accepted the special recognition. (13.) Presentation of a special recognition to the Murfee Elementary School Destination Imagination Team. Destination ImagiNation® is one of the world's largest creativity and problem -solving programs for youth of all ages, with thousands of youth in 47 US states, 15 countries and Canadian provinces participating annually. Destination ImagiNation® is not just an extracurricular activity; it is an extension of a Destination ImagiNationO brand of curriculum, which draws on Creative Problem Solving strategies and the multiple intelligences of students to use what they have learned in the classroom in new and creative ways. The Destination Imagination team from Murfee Elementary began working on their problem, from the first of the school year, and chose to compete in the category of Destinations in Time, Elementary Division. They were required to develop a technical device, which would do three things: produce a visual display, move across the floor eight feet by itself, and open a door. All of these had to be done on cue and the kids were scored on how close these things all happened and in what time frame. They developed a skit around this device and their "Thyme Square" prop, which had to detail time around the world. As part of their overall score, they also had to perform an "Instant Challenge", where they were given a problem and only had minutes to work together to develop a solution. They competed at Regional and State competitions just to become eligible to attend the Global Championships in Knoxville, Tennessee this past May. Out of the 80 teams competing in their division in Knoxville, the Murfee Elementary Team, "Little Tickers", was named Global Champions. The following members of the Murfee Elementary Team, "Little Tickers", were present to accept this recognition: Kacy Collier, Evan Denton, Kate Lewis, Bailey Peterson, Emily Reed and Aaron Rocha. (14.) Presentation of the Chapter Service Award from the Texas Public Works Association. This award was given to Larry Hertel at this year's Texas Public Works Association Awards (TPWA) Dinner in Abilene, Texas in June. Marsha Reed, P.E., President of TPWA, made the presentation. Due to Larry's recent loss, he was unable to attend that banquet and Marsha would like to make that presentation to him again here, so that he can be given the recognition he deserves in front of his colleagues. 10 Regular City Council Meeting July 15, 2004 Page 11 Larry Hertel, City Engineer, was present to accept this award. (15.) Employee recognition of Manuel Placencia, Graffiti Removal. Manuel Placencia has received many compliments from citizens praising his quick response and quality work in removing graffiti from homes and businesses in the City of Lubbock. Manuel Placencia was present to accept the recognition from City Manager Lou Fox. (16.) Employee recognition of Rob Allison, Business and Neighborhood Development Manager. Council Member Boren requested that Rob Allison be recognized for his hard work and dedication in working with Gould Evans to develop a Revitalization/Stabilization Master Plan for the core neighborhoods of Lubbock. Rob Allison was present to accept the recognition from City Manager Lou Fox. At this time, City Manager Fox introduced two new employees, Thomas Adams, Deputy City Manager and D. C. Kiyemba, Director of Internal Audit. The first item considered was Item 53. Items 17-22 were considered following Item 53. CONSENT AGENDA (Items 17-22, 24-45, 47-50) _ Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath, to approve Items 17-22, 24-45, 47-50 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (17.) Approval of Minutes: June 29, 2004 Regular City Council Meeting (18.) ORDINANCE NO. 2004-00072—Amending the FY 03-04 Budget to add ($1,090,000 to the Milwaukee Avenue from 34`h Street to 98`h Street Strip Paving Capital Project and to establish a $250,000 capital project for the property acquisition at 661h Street and Elgin Avenue (Burgess Rushing Tennis Center) (second and final reading). ORDINANCE NO. 2004-00072 AN ORDINANCE MAKING CHANGES IN THE FY2003-2004 BUDGET OF THE CITY OF LUBBOCK TO TRANSFER FUNDS FOR MUNICIPAL PURPOSES. Milwaukee Avenue from 34`h Street to 98`h Street Strip Paving Capital Project: A separate resolution was approved at the last Council meeting requesting the City Council approve the contract to begin the work on this project. This request is approving the use of the funds and adding funds to the established project budget. The initial budget of $125,000 was approved Revised FY 2003-04 (May 2004). The City Council approved the allocation of the 2004 General Obligation Bonds at the last City Council Meeting (June 9`h). At this meeting, the City Council approved $1,090,000 in 2004 General Obligation Bonds to be allocated to the Milwaukee Avenue from 34`h Street to 98`h Street Strip Paving Capital Project. 11 Regular City Council Meeting July 15, 2004 Page 12 The budget for this project will now be as follows: Certificate of Obligation Bonds* $125,000 2004 General Obligation Bonds $1,090,000 TOTAL PROJECT BUDGET $1,215,000 *To be repaid by Gateway Fund. A reimbursement resolution will be submitted to Council within 90 days of the use of the funds. Property Acquisition at 661h Street and Erin Avenue - Burgess Rushing Tennis Center: A separate resolution was approved at the last Council meeting requesting for the acquisition of property at 66`h Street and Elgin Avenue for the expansion of the Burgess Rushing Tennis Center. This request is approving the use of the funds and establishing the budget for this project. The $250,000 budget for the property acquisition at 661h Street and Elgin Avenue would break out as follows: Donation — Rushing $ 25,000 Donation — Burgess $ 25,000 2004 General Obligation Bonds $ 65,000 Parks Capital Projects Fund Balance $ 83,000 Parks FY 03-04 Operating Budget: Park Maint. (Privatization -Mowing) $ 18,000 Outdoor Rec. (Full-time Salary) $ 15,000 Indoor Rec. (Full-time Salary) $ 19,000 TOTAL PROJECT BUDGET $250,000 A reimbursement resolution will be submitted to Council within 90 days of the use of the funds. FISCAL IMPACT: No property tax increase is necessary with the issuance of the 2004 General Obligation Bonds. The Parks Capital Projects Fund has fund balance remaining, due to various projects over the years closing under budget — budget funds exceeding expenditures. The withdrawal of the funds would leave virtually no funding to designate in the Parks Capital Projects Fund. Decreasing the budget in the Parks Operating Budget would not impact operations, as the funding from the full-time salary accounts are available, because of salary savings caused by retirements and resignations. The funding from the privatization account is available, because of savings in the mowing contract. General Obligation Funds are approved by the voters and approved at the discretion of the City Council. Use of Parks Operating and Capital Funds are used at the discretion of the City Council. (19.) ORDINANCE NO. 2004-00073—ZONE CASE NO. 3014 (2215 58" Street): Ordinance to consider the request of JDMA, Inc. Architects (for Oakwood Methodist Church) for a zoning change from R-1 to A-2 limited to a church and church -related uses on Lot 1, Epworth Addition (second and final reading). 12 Regular City Council Meeting July 15, 2004 Page 13 ORDINANCE NO, 2004-R0073 AN ORDINANCE AMENDING ZONING ORDINANCE NO. DO E OFOLLOWING 4 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK CHANGES: ZONE CASE NO. 3014; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A CHURCH AND CHURCH -RELATED SUBJECT TO USES, ON LOT DITION 1, EPWORTH ADDITION, LUBBOCK, TEXAS; UBJEC PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) ORDINANCE NO. 2004-00074—ZONE CASE NO. 2158-B (1101 Slide Road): Ordinance to consider the request of Joe D. McKay (for St. Stephens Episcopal Church) for a zoning change from R-1 to A-2 limited to a church and church -related uses on Lot 1, Saint Stephens Addition (second and final reading). ORDINANCE NO. 2004-00074 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2158-13; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A CHURCH AND CHURCH -RELATED USES, ON LOT 1, SAINT STEPHENS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) ORDINANCE NO. 2004-00075—ZONE CASE NO. 2720-B (south of 8`h Street and west of Frankford Avenue): Ordinance to consider the request of Bobby McQueen and Glen Robertson for a zoning change from A-2 with conditions to A-2 and C-2 on an unplatted 4.98 acre tract of land out of Section 9, Block JS and on Lot A, Travis Tubbs Addition (second and final reading). ORDINANCE NO. 2004-00075 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2720-13; A ZONING CHANGE FROM A-2 TO A-2 WITH CHANGED CONDITIONS AND TO C-2 ZONING ON A 4.98 TRACT OF LAND OUT OF SECTION 9, BLOCK JS AND ON LOT A, TRAVIS TUBBS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (22.) ORDINANCE NO. 2004-00076—ZONE CASE NO. 2458-F (west of North Knoxville Avenue and north of Harvard Street): Ordinance to consider the request of Ambling Development Company for a zoning change from R-1 to A-2 on 6.97 acres of unplatted land out of Section 18, Block A (second and final reading). ORDINANCE NO. 2004-00076 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2458-F; A ZONING CHANGE FROM R-I TO A-2 ZONING ON 6.97 ACRES OF UNPLATTED LAND OUT OF SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The next items considered were Items 2445. 13 Regular City Council Meeting July 15, 2004 Page 14 (23•) ORDINANCE NO. 2004-00077—ZONE CASE NO. 3015 (south of 98th Street and west of Slide Road): Ordinance to consider the request of Graco Real Estate Development, Inc. (for Jo Alford Gamble) for a zoning change from T to C-3 on 14.25 acres of unplatted land out of Section 25, Block E-2 (second and final reading). ORDINANCE NO.2004-R0077 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3015; A ZONING CHANGE FROM T TO C-3 ZONING ON 14.25 ACRES OF UNPLATTED LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This item was moved from consent agenda to regular agenda and was considered following Item 51 Motion was made by Mayor Pro Tem Martin, seconded by Council Member Boren to pass on second and final reading Ordinance No. 2004-00077 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. The next item considered was Item 46. Items 24-45 were considered following Item 22. (24.) ORDINANCE NO. 2004-00078—Amending Chapter 14 of the Code of Ordinances of the City of Lubbock, with regard to tattoo studios and body piercing studios; providing a penalty; providing a savings clause; and providing for publication (second and final reading). ORDINANCE NO.2004-00078 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TATTOO STUDIOS AND BODY PIERCING STUDIOS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION (25.) Ordinance No. 2004-00079 abandoning and closing a drainage easement and underground utility easement located in Sections 19 and 20, Block E2, Lubbock County, Texas (2918 108th Street) (first reading). ORDINANCE NO.2004-00079 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT AND UNDERGROUND UTILITY EASEMENT LOCATED IN SECTIONS 19 AND 20, BLOCK E2, 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 drainage easement and underground utility easement located just east of Elgin Avenue and 108th Street. The easement was dedicated in Volume 8445, Page 79 of the Official Public Records of Lubbock County as part of the plat requirements for the Stonebrook South Addition. This property is being platted for development purposes and the drainage and underground utility easement are no longer needed, since they will be replaced by a street and alley. 14 Regular City Council Meeting July 15, 2004 Page 15 FISCAL IMPACT: None. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (26.) Ordinance No. 2004-00080 amending section 16-175.1 of the Code of Ordinances of the City of Lubbock, regarding speed limits (Traffic Engineering) (first reading). ORDINANCE NO. 2004-00080 AN ORDINANCE AMENDING SECTION 16-175.1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SPEED LIMITS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. This ordinance includes the following: Southeast Drive changes are from Texas Department of Transportation (TxDOT) speed zoning surveys and approved by the Citizens Traffic Commission. Avenue A changes were requested by the City Prosecutor's office to make corrections to the speed limit ordinance, so that it matches the speed limits posted on Avenue A by TxDOT. FISCAL IMPACT: No impact to the City. The speed limit changes are on state highways and TxDOT will make all the changes. The Traffic Engineering Department, Citizens Traffic Commission, and the Legal Department recommended approval of the first reading of this ordinance. (27.) Ordinance No. 2004-00081 amending section 16-175.2 of the Code of Ordinances of the City of Lubbock, regarding reduced speed limits for school zones (Traffic Engineering) (first reading). ORDINANCE NO. 2004-00081 AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ESTABLISHMENT OF REDUCED SPEED LIMITS FOR SCHOOL ZONES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. This ordinance includes the following: Removal of the school zone on 82"d Street at Albany Avenue. This change was to improve the safety of junior high school students crossing 82"d Street. Due to the new signal at 82"d Street and Chicago Avenue, which also has pedestrian crossing signals, this school zone location is no longer needed. The higher volume of traffic on 82"d Street in this area, no longer makes it safe to cross at Albany Avenue. Letters were sent to the Lubbock Independent School District and they had no objections to removing the school zone. The Citizens Traffic Commission recommended removal of this school zone at its May 18, 2004 meeting. FISCAL IMPACT: This change will save approximately $1,500 annually in maintenance and utility costs. 15 Regular City Council Meeting July 15, 2004 Page 16 The Traffic Engineering Department, Citizens Traffic Commission, and the Legal Department recommended approval of the first reading of this ordinance. (28.) Resolution No. 2004-RO343 authorizing the Mayor to execute a street use license with Ferguson Enterprises, Inc., for a fence encroachment (1610 5`h Street) (Right -of -Way). RESOLUTION NO. 2005-RO343 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of Ferguson Enterprises, Inc., for a fence of encroachment. Said License is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bu2y Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/ Office Practice Section A copy of the License is filed with Resolution No. 2004-R0343. This license was originally issued to Fields and Company, Inc. on December 9, 1993, for three surface right-of-way encroachments. Since that time, the company was sold to Ferguson Enterprises, Inc., and the land on which two of the three encroachments are located has been purchased by the Texas Department of Transportation (TxDOT) for the Marsha Sharp East/West Freeway Project. The remaining encroachment is a 1,370 square foot encroachment into the north right-of-way of 5ch Street at its intersection with Avenue P. This excess street area is currently being fenced and used for storage of equipment and materials. The valuation of this encroachment is as follows: 1,370 square feet x $3 per square foot = $4,110 x 10% = $411 charge per year. The $3 per square foot valuation comes from the Lubbock Central Appraisal District and comparable sales in this area. This license is for 20 years, payable once a year. The City will receive $411 per year. FISCAL IMPACT: Yearly income of $411 to the City. 16 Regular City Council Meeting July 15, 2004 Page 17 The Right -of -Way Department recommended the approval of this resolution. (29.) Resolution No. 2004-RO344 authorizing the Mayor to execute a change order to add curb ramps to the existing curb ramp project (Street/Drainage Engineering). RESOLUTION NO.2004-RO344 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 between the City of Lubbock and JG Group, LLC, to increase the quantity of curb ramps to be constructed under the current contract. A copy of the Change Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lamy Hertel Larry Hertel, PE, City Engineer APPROVED AS TO FORM: /s/ John M. Kni hit John M. Knight, Assistant City Attorney A copy of the Change Order is filed with Resolution No. 2004-R0344. This resolution authorized the Mayor to execute a change order to construct additional curb ramps on an existing curb ramp installation program. The additional curb ramps are to be constructed at citizen requested locations. FISCAL IMPACT: The additional cost is to be paid from the existing capital project for curb ramps. The existing contract is $411,072.50. The change order will increase the contract to $471,347.50. Approximately $85,000 is remaining in available project funds for this change order and for labor and engineering charges related to testing, inspection, and administering the contract. Staff recommended approval of this resolution. (30.) Resolution No. 2004-RO345 accepting paving improvements constructed by Lone Star Dirt and Paving, Inc. in Light of the World Addition, Tract A (Street/Drainage Engineering). 17 Regular City Council Meeting July 15, 2004 Page 18 RESOLUTION NO.2004-RO345 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tr. "A" Light of the World Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The West 'h of Chicago Avenue from the North lip line of Auburn Street to the centerline of Bates Street, known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2044. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $2,578.57 to the Contractor. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ AM L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The west half of Chicago Avenue from Auburn Street to Bates Street. 18 Regular City Council Meeting July 15, 2004 Page 19 FISCAL IMPACT: The City's share of the cost ($2,578.57) will be due the contractor upon this acceptance. The City's cost will be paid from an existing capital project - New Subdivision and Assessment Paving. This capital project is funded on an annual basis to provide funding for the City to pay for paving quantities, which exceed the developers' paving requirements when platting new subdivisions. Staff recommended approval of this resolution. (31.) Resolution No. 2004-RO346 accepting paving improvements constructed by Lone Star Dirt and Paving, Inc. in Western Estates Addition, Lots 206-270 and Tracts A-C (Street/Drainage Engineering). RESOLUTION NO.2004-RO346 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 206-270 & Tracts A-C, Western Estates Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The North % of Erskine Street from the West end of radius of North Elkhart Avenue to the East end of radius of North Frankford Avenue (Curb and Gutter only), known and designated as New Subdivision Sub -Unit Number 60 of Unit Number 2044. North Englewood Avenue from the North lip line of Erskine Street to the Southwest end of radius at Harvard Street, known and designated as New Subdivision Sub -Unit Number 61 of Unit Number 2044. Fordham Street from the West lip line of North Englewood Avenue to the cul-de-sac West of North Englewood Avenue, known and designated as New Subdivision Sub -Unit Number 62 of Unit Number 2044. Grinnell Street from the West lip line of North Englewood Avenue to the cul-de-sac West of North Englewood Avenue, known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2044. North Evanston Avenue from the South lip line of Harvard Street to the cul-de-sac South of Harvard Street, known and designated as New Subdivision Sub -Unit Number 64 of Unit Number 2044. Three alley returns located along the South curb line of Harvard Street between North Elkhart Avenue and North Frankford Avenue, known and designated as New Subdivision Sub -Unit Number 65 of Unit Number 2044. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: 19 Regular City Council Meeting July 15, 2004 Page 20 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on: The north half of Erskine Street (curb and gutter only) from North Elkhart Avenue to North Frankford Avenue. North Englewood Avenue from Erskine Street to Harvard Street. Fordham Street from North Englewood Avenue to the cul-de-sac west of North Englewood Avenue. Grinnell Street from North Englewood Avenue to the cul-de-sac west of North Englewood Avenue. North Evanston Avenue from Harvard Street to the cul-de-sac south of Harvard Street. Three alley returns located along the south curb line of Harvard Street between North Elkhart Avenue and North Frankford Avenue. FISCAL IMPACT: There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. (32.) Resolution No. 2004-R0347 accepting paving improvements constructed by Lone Star Dirt and Paving, Inc. in Kings Ridge Addition, Lots 46-65 (StreetlDrainage Engineering). 20 Regular City Council Meeting July 15, 2004 Page 21 RESOLUTION NO.2004-RO347 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 46-65, Kings Ridge Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Peoria Avenue from the South lip line of 102" d Street to the end of cul-de-sac South of 102" d Street, known and designated as New Subdivision Sub -Unit Number 40 of Unit Number 2044. Peoria Avenue from the North lip line of 102nd Street to the end of cul-de-sac North of 102nd Street, known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2044. The East-West alley South of 102°d Street from the alley "tee" West of Orlando Avenue to the alley "tee" West of Peoria Avenue, known and designated as Sub -Unit Number 65 of unit Number A-463. The North -South alley West of Peoria Avenue from 102" d Street to the East-West alley South of 102nd Street, known and designated as Sub -Unit Number 66 of Unit Number A-463. The North -South alley West of Peoria Avenue from 102nd Street to the East-West alley North of 102nd Street, known and designated as Sub -Unit Number 67 of Unit Number A-463. The East-West alley North of 102" d Street from the alley "tee" West of Orlando Avenue to the alley "tee" West of Peoria Avenue, known and designated as Sub -Unit Number 68 of Unit Number A-463. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues 13E and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 21 Regular City Council Meeting July 15, 2004 Page 22 Passed by the City Council this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on: Peoria Avenue from 102nd Street to the cul-de-sac south of 102nd Street. Peoria Avenue from 102nd Street to the cul-de-sac north of 102nd Street. The east -west alley south of 102nd Street from the alley "tee" west of Orlando Avenue to the ally tee west of Peoria Avenue. The north -south alley west of Peoria Avenue from 102nd Street to the east -west alley south of 102nd Street. The north -south alley west of Peoria Avenue from 102nd Street to the east -west alley north of 102nd Street. The east -west alley north of 102nd Street from the alley "tee" west of Orlando Avenue to the alley "tee" west of Peoria Avenue. FISCAL IMPACT: There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. (33.) Resolution No. 2004-RO348 accepting paving improvements constructed by Allen Butler Construction Co., Inc. in Springfield Apartments Addition, Tract A (StreetlDrainage Engineering). RESOLUTION NO.2004-RO348 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract "A", Springfield Apartments Addition, made arrangements with Allen Butler Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: MA Regular City Council Meeting July 15, 2004 Page 23 The South half of 9th Street from Milwaukee Avenue to the centerline of Monticello Avenue, known and designated as New Subdivision Sub -Unit Number 57 of Unit Number 2044. The East half of Monticello Avenue from the South lip line of 9th Street to the North lip line of 12th Street, known and designated as New Subdivision Sub -Unit Number 58 of Unit Number 2044. The North half of 12th Street from the centerline of Monticello Avenue to the West property line of Tract "A" L.P.&L. West Tie Addition, known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2044. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith (for) Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Manager This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The south half of 9th Street from Milwaukee Avenue to the centerline of Monticello Avenue. The east half of Monticello Avenue from 9th Street to 12th Street. The north half of 12th Street from the centerline of Monticello Avenue to the west property line of Tract A, L.P.&L. Addition. 23 Regular City Council Meeting July 15, 2004 Page 24 FISCAL IMPACT: There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. (34.) Resolution No. 2004-RO349 authorizing the Mayor to modify the existing contract with the U.S. Department of Health and Human Services to accept $280,000 for sustainment of the Lubbock Metropolitan Medical Response System (Emergency Management). RESOLUTION NO.2004-RO349 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 contracts for the award of "MODIFICATION #3, SUPPLEMENTAL AGREEMENT FOR ADDITIONAL FUNDS UNDER THE METROPOLITAN MEDICAL RESPONSE SYSTEM CONTRACT #233-01-0049," from the Federal Emergency Management Agency. Said Contracts 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 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson Emergency Management Coordinator APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney Under the existing contract (#233-01-0049), the City of Lubbock will be reimbursed $280,000 for the completion of deliverables 13 through 15. These deliverables focus on the sustainment of the project, development of a plan, provide training for first responders, and the purchase of pharmaceuticals and equipment required for response to a Weapons of Mass Destruction (WMD) incident. Modification #1 to the contract will add deliverable #12, which provides an additional $200,000 for the acquisition of pharmaceuticals, equipment, and continuation of the sustainment-planning template. With the additional funds, the total contract will be in the amount of $880,000. FISCAL IMPACT: None. This modification to the existing contract will provide sustainment funding for continuation of the project, beyond final completion of the required deliverables. 24 Regular City Council Meeting July 15, 2004 Page 25 Staff recommended approval of this resolution. (35.) Resolution No. 2004-RO350 authorizing the Mayor to execute, for and on behalf of the City of Lubbock, a contract for the acceptance of $62,133 in funds from the State Homeland Security Law Enforcement Terrorism Prevention Grant Program; offered by the U. S. Department of Homeland Security, Office of Domestic Preparedness, and the Texas Engineering Extension Service (Emergency Management). RESOLUTION NO.2004-RO350 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 contracts for the award of a grant entitled "STATE HOMELAND SECURITY LAW ENFORCEMENT TERRORISM PREVENTION GRANT PROGRAM" from the U.S. Department of Homeland Security, Office of Domestic Preparedness, and the Texas Engineering Extension Service ("TEE)C ), and any other related documents. Said Contracts 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 15th day of July, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson Emergency Management Coordinator APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Contracts is filed with Resolution No. 2004-R0350. Contract Agreement Numbers: 2004 LETPP-45000 This project will provide the State Homeland Security Law Enforcement Terrorism Prevention Grant Program sub -grant to enhance the jurisdiction's ability to respond to potential terrorist use of a Weapon of Mass Destruction (WMD). Authorized equipment purchases may be made in the following categories: Personal Protective Equipment (PPE) Explosive Device Mitigation and Remediation Equipment Interoperable Communications Equipment Physical Security Equipment 25 Regular City Council Meeting July 15, 2004 Page 26 Terrorism Incident Prevention Equipment Chemical, Biological, Radiation, Nuclear, Explosive (CBRNE) Logistical Support Equipment CBRNE Incident Response Vehicles CBRNE Reference Materials CBRNE Response Watercraft Intervention Equipment Cyber Security Enhancement Equipment Other Authorized Equipment FISCAL IMPACT: None. This program will provide funding for the purchase of equipment required to enhance law enforcement's ability to mitigate, prepare, respond and recover from all hazards, which may occur within the jurisdiction, without the requirement of matching funds. Staff recommended approval of this resolution. (36.) Resolution No. 2004-RO351 authorizing the Mayor to execute, for and on behalf of the City of Lubbock, a contract for the acceptance of a Sub -recipient Award of $196,210 in funds from the State Homeland Security Grant Program; offered by the U. S. Department of Homeland Security, Office of Domestic Preparedness, and the Texas Engineering Extension Service (Emergency Management). RESOLUTION NO.2004-RO351 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 contracts for the award of a grant entitled "STATE HOMELAND SECURITY GRANT PROGRAM" from the U.S. Department of Homeland Security, Office of Domestic Preparedness, and the Texas Engineering Extension Service ("TEEX"), and any other related documents. Said Contracts 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 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 26 Regular City Council Meeting July 15, 2004 Page 27 APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson Emergency Management Coordinator APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Contracts is filed with Resolution No. 2004-R0351. Contract Agreement Numbers: 2004 SHS-45000 This project will provide funds from the State Homeland Security Grant Program to enhance the jurisdiction's ability to respond to potential terrorist use of a Weapon of Mass Destruction (WMD). Matching funds are not required for the receipt of these funds. Authorized equipment purchases may be made in the following categories: Personal Protective Equipment Explosive Device Mitigation and Remediation Equipment Chemical, Biological, Radiation, Nuclear, Explosive (CBRNE) Search and Rescue Equipment Interoperable Communications Equipment Detection Equipment Decontamination Equipment Physical Security Equipment Terrorism Incident Prevention Equipment CBRNE Logistical Support Equipment Medical Supplies and Limited Types of Equipment CBRNE Reference Materials FISCAL IMPACT: None. This program will provide funds from the State Homeland Security Grant program for the purchase of equipment required to enhance the City's ability to mitigate, prepare, respond and recover from all hazards that may occur within the jurisdiction, without the requirement of matching funds. Staff recommended approval of this resolution, (37.) Resolution No. 2004-R0352 to reimburse bond -funded capital expenditures for traffic signals, street lighting and street improvements, with proceeds of future debt not to exceed $3,100,000 (Cash and Debt). 27 Regular City Council Meeting July 15, 2004 Page 28 RESOLUTION NO.2004-RO352 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS M COUNTY OF LUBBOCK ):( WHEREAS, the City of Lubbock (the "issues") intends to issue debt for the purpose of paying contractual obligations incurred for (i) street improvement, including drainage, street lights, and traffic signalization and the acquisition of land and rights -of -way therefore, and (ii) professional services rendered in connection with such projects and the financing thereof for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS under Treas. Reg. Subsection 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $3,100,000. Passed by the City Council this 151h day of July, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Interim Chief Finance Officer Bonds will be issued on August 12, 2004, to fund traffic signals, street lighting and street improvements. Council approved the resolution approving and authorizing the publication of the Notice of Sale of the Tax & Waterworks System (limited pledge) Revenue Certificates of Obligation, Series 2004 at the June 9, 2004 Council meeting. The projects included in this issuance are: Sharp Freeway Right of Way Funded by 2004 CO: $2,100,000 The latest estimate from TxDOT for right-of-way (including railroad relocation) and eligible utility costs on the Sharp Freeway totals $156,080,000. The City's responsibility for these costs is 10% or $15.6 million. The City has previously paid $13.5 million to TxDOT. Therefore, the total due to TxDOT is currently $2.1 million. Regular City Council Meeting July 15, 2004 Page 29 EOS Environmental Funded by 2004 CO: $ 600,000 Erskine/Quaker/Slide (EQS) Environmental Document is a project, which will provide for the preparation of an environmental document, preliminary engineering, schematics and other work necessary for the environmental clearance for the future construction of this project. The location of the project area is in Northwest Lubbock and will include the following specific locations: Loop 289 main lanes from Frankford Avenue to Clovis Road, 4ch Street and Loop 289 grade separation, Slide Road and Loop 289 grade separation, Slide Road from Erskine Street to 4th Street, Erskine Street from Frankford Avenue to Quaker Avenue, and Erskine Street and Loop 289 grade separation. Traffic;; S� Funded by 2004 CO: $ 60,000 New traffic signals, as approved by City Council in 2003-04 budget. Street Li is Funded by 2004 CO: $ 235,000 New street lights as approved by City Council in 2003-04 budget. City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2003-2004 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds, in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. FISCAL IMPACT: This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance, in order that the projects may be completed within prescribed timeframes. Staff recommended approval of this resolution. (38.) Resolution No. 2004-RO353 to reimburse bond -funded capital expenditures for general obligation projects, with proceeds of future debt not to exceed $2,025,000 (Cash and Debt). RESOLUTION NO.2004-RO353 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS ):( COUNTY OF LUBBOCK ):( WHEREAS, the City of Lubbock (the "issues") intends to issue debt for the general purpose improvements for said City (the "Project") and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS under Treas. Reg. Subsection 1.150-2 (the "Regulation'), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. 29 Regular City Council Meeting July 15, 2004 Page 30 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $2,025,000. Passed by the City Council this 151h day of July, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Interim Chief Finance Officer Bonds will be issued on August 12, 2004 to various projects that were identified by the Citizens Advisory Committee, in association with the May 2004 bond election that was approved by Lubbock citizens. Council approved the resolution approving and authorizing the publication of the Notice of Sale and Notice of Intent of the General Obligation Bonds, Series 2004 at the June 9, 2004 Council meeting. The projects that will be included in this issuance are: Project Descriptions Proposed Bond Issuance Fire Station 12 Rehab/Fire Station 8 Replacement $ 80,000 Fire $ 80,000 Animal Shelter Renovation $ 154,000 Animal Shelter $ 154,000 MLK Little League Complex (3 Fields) $116,000 Burgess -Rushing Tennis Center Expansion $ 65,000 Parks $181,000 Subdivision Assessment $ 170,000 Milwaukee from 451h to Spur 327 Strip Paving $ 1,090,000 Federally Mandated Curb Ramps $ 10,000 City -Wide Traffic Signal Communications Upgrade $ 150,000 Traffic Signals -New Locations $ 100,000 Streets $ 1,520,000 Cost of Issuance $ 90,000 Cost of Issuance $ 901000 GRAND TOTAL $ 2,025,000 City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2003-2004 fiscal year. For authorized construction projects, there may be design and engineering costs incurred prior to delivery of the bond proceeds, in order that the projects may be completed within prescribed timeframes. The City must declare its intent to 30 Regular City Council Meeting July 15, 2004 Page 31 reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. FISCAL IMPACT: This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance, in order that the projects may be completed within prescribed timeframes. Staff recommended approval of this resolution. (39.) Resolution No. 2004-RO354 authorizing the Mayor to approve the Lubbock Emergency Communication District budget for fiscal year 2004-2005 (Police). RESOLUTION NO.2004-RO354 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 Resolution to approve the Lubbock Emergency Communication District Budget for Fiscal Year 2004/2005. Said budget 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 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude T. Jones, Chief of Police /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Budget is filed with Resolution No. 2004-R0354. The Lubbock Emergency Communication District (LECD) is required to submit its annual budget for approval to governing bodies within the boundaries of the District. For that reason, the LECD Board of Managers is submitting its fiscal year 2004-2005 budget. It was the opinion of the LECI) Board of Managers that the proposed budget represents a fair and prudent financial plan to accomplish the LECD mission of providing enhanced 9-1-1 services to the citizens of Lubbock County. It was further ordered, by the Board of Managers, that the service fee, as authorized by Texas Health and Safety Code Section 772.301 through 772.329, be 31 Regular City Council Meeting July 15, 2004 Page 32 continued at 5% of the base telephone rate on all service users in the District. FISCAL IMPACT: Not applicable. The Lubbock Police Department and Lubbock Fire Department recommended approval of this resolution. (40.) Resolution No. 2004-R0355 authorizing the amendment of Passenger Facility Charge (PFC) application 02-04-C-00-LBB (Airport). RESOLUTION NO.2004-R0355 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized to direct the Director of Aviation on behalf of the City of Lubbock, to amend a Passenger Facility Charge Application 02-04-C-00-LBB to the Federal Aviation Administration and all related documents, decreasing the application by deleting the ADA Aircraft Access project and changing the project names and descriptions of the Blast Wall and Taxiway B-1 Projects. Passed by the City Council this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR MM�016 /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section In June 2002, the FAA approved Passenger Facility Charge (PFC) application 02-04-C-00-LBB for Lubbock International Airport, which included the Blast Wall project, the ADA Aircraft Access project, and the Construction of Taxiway B-1. This application was amended earlier this year to reflect the actual costs of the projects ($3,913,282) versus the estimated costs ($3,684,159). This PFC amendment will allow for material changes to the application. The blast wall project will be amended from a construction project to an analysis project and will be fully funded with PFC revenue. The amendment will also delete the ADA Aircraft Access project from the application. The Construction of Taxiway B-1 project will be amended to the Construction of Taxiway V and the description of the project will be adjusted to accurately reflect the change. 32 Regular City Council Meeting July 15, 2004 Page 33 FISCAL IMPACT: The financial impact of the amendment will be a total reduction of the application by $256,151. The Airport Board and staff recommended approval of this resolution. (41.) Resolution No. 2004-R0356 authorizing the approval of a new Passenger Facility Charge (PFC) application (Airport). RESOLUTION NO.2004-R0356 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized to direct the Director of Aviation on behalf of the City of Lubbock, to submit an application and all related documents to the Federal Aviation Administration to impose and use a Passenger Facility Charge to fund certain capital projects at the Lubbock International Airport. Said application is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Application is filed with Resolution No. 2004-R0356. Pursuant to 14CFR158, the City can apply to the FAA to impose a Passenger Facility Charge (PFC) on FAA approved projects and use the collections to fund those projects. The law allows PFCs to be used for projects that enhance or preserve the safety, security and capacity of the airport, or to enhance competition between air carriers or mitigate noise impacts from aircraft operations. Since the inception of the PFC program, the City has implemented four —` applications. In the first application, the projects have been completed and the application has been closed out. The other three must remain open until all approved projects are physically and financially completed. The new PFC application will fund eight new projects and extend the funding authority to FY 2009. Due to the healthy condition of the PFC fund, the PFC level will be reduced from $3 to $2. If the collections need to be increased back to $3 in the future, this can be accomplished by 33 Regular City Council Meeting July 15, 2004 Page 34 notifying the air carriers and the FAA. The maximum PFC that can be collected is $4.50. FISCAL IMPACT: The application will fund eight airport projects totaling $4,027,686. The Airport Board and staff recommended approval of this resolution. (42.) Resolution No. 2004-RO357 authorizing approval to replace the amendment in Resolution No. 2004-110142, to terminate the lease agreement between the City of Lubbock and General Services Administration (GSA) for the Transportation Security Administration (GS-07B-15337) (Airport). RESOLUTION NO.2004-RO357 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Supplemental Lease Agreement terminating Lease Agreement GS-07B-15337 with GSA at Lubbock International Airport. Said Supplemental Lease Agreement which replaces the Supplemental Lease Agreement in Resolution No. 2004-RO142 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 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Supplemental Lease Agreement in Resolution No. 2004-R142 is filed with Resolution No. 2004-R0357. On March 23, 2004, Resolution No. 2004-RO142 authorized the termination of lease agreement GS-0713-15337 between the City of Lubbock and the General Services Administration (GSA) for the Transportation Security Administration (TSA) for 4,610 square feet of administrative office space on the west side of the airport, effective June 30, 2004, four months prior to the expiration on October 31, 2004. GSA needs the administrative office space longer than what was previously expected. This item will replace the previous amendment. This amendment includes changing the expiration date back to the original date 34 Regular City Council Meeting July 15, 2004 Page 35 of October 31, 2004, and allowing the GSA to terminate the lease at any time after July 31, 2004, by providing 14 days written notice. The GSA currently has two leases with the City: one lease for administrative office space on the west side of the airport and the other for screening staff in the terminal building. To offset the loss in revenue that the City would experience if this lease were cancelled prior to its expiration, the GSA/TSA leased an additional 1,278 square feet of space in the terminal. Terminating this lease three months early will result in a loss of $8,067.48 on the administrative office space contract. However, the following resolution for GS-0713-15338 will authorize an amendment to the GSA's lease in the terminal, which will result in $10,006.74 through October 31, 2004. FISCAL IMPACT: The City will earn $1,939.26 in additional revenue if this resolution is approved in conjunction with the resolution for GSA contract GS-0713-15338. The Airport Board and staff recommended approval of this resolution. (43.) Resolution No. 2004-RO358 authorizing approval to replace the amendment in Resolution No. 2004-RO143 to the lease agreement between the City of Lubbock and General Services Administration (GSA) for the Transportation Security Administration (GS-07B-15338) (Airport). RESOLUTION NO.2004-RO358 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Lease Agreement GS-07B-15338 with GSA at Lubbock International Airport. Said Amendment which replaces the amendment in Resolution No. 2004-RO143 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 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section 35 Regular City Council Meeting July 15, 2004 Page 36 A copy of the Amendment is filed with Resolution No. 2004-R0358. The GSA has leased 488 square feet of space in the terminal building for the screening staff since April 1, 2003. On March 23, 2004, City Council approved an additional 1,278 square feet of space to allow room for their screening manager, a training room, and equipment storage that is currently housed in the administrative office space on the west side of the airport. At that time, the GSA/TSA agreed to begin leasing the additional space in the terminal effective April 1, 2004. Leasing the additional space in the terminal building offsets any revenue loss that would be incurred if they were let out of their west side lease. The construction of the new area was not completed until the end of April. This agenda item will replace the previous amendment on GS-078-15338 and change the effective date of the additional space from April 1 to May 1, 2004. FISCAL IMPACT: The City will earn $1,939.26 in additional revenue. The Airport Board and staff recommended approval of this resolution. (44.) This item was deleted. (45.) Resolution No. 2004-RO359 - BID #120-04/RW—for Central Processing Units (Purchasing/Police Department). RESOLUTION NO.2004-RO359 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Purchase Order for 108 computer central processing units by and between the City of Lubbock and Hewlett Packard of Atlanta, Georgia. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 15th day of July, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0359. 36 Regular City Council Meeting July 15, 2004 Page 37 This bid is for the purchase of 108 computer central -processing units (CPUs) to replace outdated workstations in the Lubbock Police Department. The existing CPUs were purchased in 1996. These CPUs are requested to enhance technology within the Lubbock Police Department. The new Public Safety Computer System software, authorized for purchase with a $1.3 million Capital Project in April 2003, requires a CPU with more processing speed, memory, etc. to function properly. The purchase is being made from Hewlett Packard of Atlanta, Georgia through the State of Texas and Western States Contracting Alliance Agreement #90-00151DIR. FISCAL IMPACT: The Omnibus Fiscal Year 1999 Appropriations Act (Public Law 104-208) authorized the Director of the Bureau of Justice Assistance (BJA) to make funds available to local units of government under the Local Law Enforcement Block Grant (LLEBG) program for the purposes of reducing crime and improving public safety. In July 2002, the Lubbock Police Department requested the City Council authorize the Mayor to execute a grant application with the United States Department of Justice. The Lubbock Police Department requested this grant to purchase new computer technology. The grant required one -ninth matching funds from the City, in cash, to be obligated and expended during the Federal project period. The Mayor and Council approved this grant application in July 2002. The Police Department received the grant award in the amount of $233,378. The City's match share is $25,931. The grant requires these funds to be obligated and expended during the Federal project period. This period ends July 18, 2004. This purchase will be made with existing LLEBG funds, upon approval. Staff recommended bid award to Hewlett Packard of Atlanta, Georgia for $95,040. The next items considered were Items 47-51. (46.) Resolution No. 2004-R0365 - RFP #081-04/RW—for Phone Switch Maintenance(Purchasing/Telecommunications). This ordinance was voided. This :item was moved from consent agenda to regular agenda and was considered following Item 23. This contract is for telephone switch maintenance for all City of Lubbock facilities. The Selection Committee ranked the respondents to the Request for Proposal as follows: NextiraOne LLC of Houston, TX 83.50 SBC of Lubbock, TX 80.93 North American Communications Resource 61.00 Of Fort Worth, TX 37 Regular City Council Meeting July 15, 2004 Page 38 The evaluation criteria outlined in the Request for Proposal included: Vendor Experience and Vision: Evaluation of the vendor's experience in supporting intelligent network infrastructures and internet technologies. The City of Lubbock is looking to engage a vendor that has vision and leadership in the communications industry (25%). Vendor support for Open System Standards: The vendor should be committed to supporting open system industry standards, such as MGCP, TAPI, JTAPI, H.323, 802.1p and 802.1q, etc. (10%). Vendor Support/Service Capabilities: Remote serviceability, technical _ support of the entire PBX system and applications, and vendor reputation. Ability to provide global support (30%). Annual maintenance costs (30%). Leading Edge Technology: The ability to incorporate future requirements and technological advances (5%). Phone switches are located in all major City facilities. Due to the expense associated with equipment for the system, as well as the critical nature of some of the phone lines for public safety, the City maintains a maintenance agreement. The current phone switch maintenance agreement was initiated in 1997, when the phone system was installed and expires July 19, 2004. NextiraOne and SBC scored over 80 in the evaluation process. However NextiraOne provides the best price for the annual service. The term of the agreement is for three years and an option to renew annually for up to two additional one-year terms. Staff recommended contract award to NextiraOne, LLC. _ FISCAL IMPACT: A total of $75,000 was appropriated with $73,600 available in 06065 (Telephone Services) for this purpose. Staff recommended bid award to NextiraOne, LLC of Houston, Texas for $69,702.32 (Year 1), $75,120.32 (Year 2), and $72,374.87 (Year 3). Council Member DeLeon asked for an explanation of the point system to award the bid and also asked why staff did not recommend SBC of Lubbock, Texas. Leslie Cox, Communications Analyst, explained that the evaluation criteria are based on points, a copy of which was provided in council backup. She further stated that the bid from SBC was $16,000 higher than NextiraOne, LLC, and it is hard to justify that much of an increase over what is currently being paid. Council Member Boren asked which category was the price difference in. Ms. Cox stated it was in annual maintenance cost. She stated that in the service category, NextiraOne, LLC did have a lower grade based on the number of technicians. However, the 30% for annual maintenance cost did weigh it significantly. Council Member Boren asked Anita Burgess, City Attorney, if Council wanted to reject the recommended NextiraOne, LLC, could they pick the second bid. 38 Regular City Council Meeting July 15, 2004 Page 39 Ms. Burgess stated she was hearing some particular concerns about local service. If the Council feels that this is a very important criterion, and perhaps was not properly weighed by the staff, Council could exercise its discretion to award the RFP according to its desires. Motion was made by Council Member DeLeon, seconded by Council Member Boren to award the bid to SBC of Lubbock, TX and to pass Resolution No. 2004-R0365. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 52. Items 47-51 were considered following Item 45. (47.) Resolution No. 2004-RO360 - BID #091-04/BM—for Police Department Dress Uniforms — Annual Pricing (Purchasing/Police Department). RESOLUTION NO.2004-RO360 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 police department dress uniforms -annual pricing, by and between the City of Lubbock and Red The Uniform Tailor of Lakewood, NJ, 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 15th day of July, 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/ AM L. Sims Amy L. Sims, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R360. This bid establishes annual pricing for the purchase of dress uniforms for the Police Department. Dress uniforms are made of heavier weight wool (I00°io) than standard duty -issue uniforms and are worn during events and occasions when formal uniform attire is required. Firm pricing is good for one year with the option to renew annually for up to two additional one-year terms. Nine local vendors were notified of this Invitation to Bid. 7i7 Regular City Council Meeting July 15, 2004 Page 40 FISCAL IMPACT: A total of $265,894 was appropriated, with $222,075 available in 5735.8123 (Police Patrol Uniform Supplies) for this purpose. Staff recommended contract award to Red the Uniform Tailor of Lakewood, New Jersey for $48,600. (48.) Resolution No. 2004-RO361 - BID #101-04/RS—for Four Wheel Drive Diesel Engine Agriculture Tractor (Purchasing/Fleet Services). RESOLUTION NO.2004-RO361 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a four wheel drive diesel engine agriculture tractor, by and between the City of Lubbock and Western Implement Company, LLC of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 15th day of July, 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/ AM L. Sims Amy L. Sims, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R361. This bid is for the purchase of one 95 horsepower farm tractor, one shredder, one chisel plow, one tandem disc and one grain/seed drill. These items will be used year-round at the Wildlife Mitigation Area to fulfill permit compliance requirements to provide supplemental wildlife food plots on 100 acres. The items will also be used at the Sam Wahl Recreation Area to shred road right-of-ways and to seed areas. The City of Lubbock was required to obtain an Army Corps of Engineers 404 Permit in order to dam up "waters of the United States" on the South Fork of the Brazos River Double Mountain Fork. The 404 Permit requires perpetual management of the wildlife mitigation area. Purchasing the tractor and implements will eliminate the need to contract services each year, will provide a heavier -duty tractor, and will provide City use of equipment when needed. The operational budget will have limited impact because fueling and minor maintenance will be done through the Brazos River Authority fueling center and shop. The City already pays for all Brazos River Authority costs at Lake Alan Henry. 40 Regular City Council Meeting July 15, 2004 Page 41 Sixteen local vendors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $138,000 was appropriated with $138,000 available in Project 90337 (Water Major Equipment Replacement) for this purpose. Staff recommended bid award to Western Implement Company, LLC of Lubbock, Texas for $81,900. (49.) Resolution No. 2004-RO362 - BID #106-04/BM—for Refurbish Refuse Containers — Annual Pricing (Purchasing/Solid Waste). RESOLUTION NO.2004-RO362 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 to refurbish refuse containers -annual pricing, by and between the City of Lubbock and S & H Metal Works & Manufacturing, Inc. of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 15th day of July, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the letter of Award is filed with Resolution No. 2004-R362. This bid establishes annual pricing for the complete renovation and refurbishing of solid waste dumpsters that are no longer in useable condition, and to repair and repaint dumpsters, as needed. It is estimated that approximately 2,195 dumpsters will need to be refurbished and repaired annually. Firm pricing is good for one year with the option to renew annually for up to two additional one-year terms. Twenty local businesses were notified of this Invitation to Bid. FISCAL IMPACT: A total of $375,000 was appropriated, with $375,000 available in 8488 (Refurbish Containers) for this purpose. 41 Regular City Council Meeting July 15, 2004 Page 42 Staff recommended bid award to S & H Metal Works & Manufacturing Inc. of Lubbock, Texas for $400,850 or budget amount available, whichever is less. (50.) Resolution No. 2004-RO363 - RFP #057-04/RW—for Radio Tower (Purchasing/Radio Shop). RESOLUTION NO.2004-RO363 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 radio towers, by and between the City of Lubbock and Western Towers of San Angelo, 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 15th day of July, 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/ Amy_L. Sims Amy L. Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R363. This contract is for the construction of a 590-foot radio tower for the purpose of relocating the City's 800 MHz radio system from KLBK-TV to a new location south of East 19th Street inside Loop 289 and east of the Sunrise MHMR center. The City has been experiencing low receive levels to our mobile units in the west and southwest because of the way our transmit antennas are located on the American Tower at KLBK-TV. The new radio tower will allow reduction of interference from cellular sites in the same bandwidth coming from the current tower location. The City will also be able to lease space on the new radio tower, which will increase revenue for the City. The evaluation criteria outlined in the Request for Proposal included 1) quality of references (30%), 2) experience (30%), 3) overall costs of equipment (30%), and 4) previous work experience with the City of Lubbock (10%). Firm Rating Price Western Tower of San Angelo, TX 99 $308,219.76 Swager Communications of 89 $350,910.00 Fremont, IN 42 Regular City Council Meeting July 15, 2004 Page 43 EJM Towers of Lubbock, TX 80 $376,730.00 Radian Communications Service 76 $246,945.00 of Richardson, TX Sabre Communications Corp. 69 $389,488.00 of Sioux City, IA FTS Consulting Intl. Inc. 69 $335,237.00 of Ontario, CA Utility Tower Company 66 $250,500.00 of Oklahoma City, OK Texorna Contracting of 64 $311,187.00 Muskogee, OK Communication Structure Service 57 $258,954.00 of Burleson, TX Thirteen local vendors were notified of the Request for Proposal. FISCAL IMPACT: A total of $450,000 was appropriated with $449,000 available in Project 90292 (Radio Tower) for this purpose. Staff recommended contract award to Western Towers of San Angelo, Texas for $308,219.76. ADMINISTRATIVE SERVICES Parks and Recreation (51.) Resolution No. 2004-R0364 authorizing the Mayor to execute a License Agreement with the Trinity Schools to operate the Hodges Baseball Field at Clapp Park. RESOLUTION NO.2004-R0364 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a License Agreement to operate the Hodges Baseball Field at Clapp Park, by and between the City of Lubbock and Trinity Schools, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton, Parks and Recreation Director 43 Regular City Council Meeting July 15, 2004 Page 44 APPROVED AS TO FORM: /s/ AM L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R364. In the spring of 1999, the Municipal Sports Task Force, a committee comprised of representatives of each of the athletic leagues that use City of Lubbock facilities, made several recommendations to the City Council. One of the recommendations that the City Council adopted was the implementation of the Athletic Facility License Agreement. The various —' leagues sign the annual agreement that outlines the responsibilities of the League, as well as the City of Lubbock. Each year, Trinity Schools play baseball at Hodges Baseball Field, located in the northwest corner of Clapp Park. Prior to each season, Trinity Schools have signed the Athletic Facility License Agreement. The Hodges Baseball Field is also used by the City of Lubbock Adult Baseball League, as well as by the Texas Tech University recreational leagues and occasionally by LISD. Over the past few years, Trinity Schools have been allowed to make improvements to Hodges Baseball Field, which has saved the City of Lubbock several thousands of dollars. Trinity Schools plan additional improvements in the upcoming years and are requesting that the annual agreements be replaced with a long-term agreement, in order to justify the expenditures that they will be making. The term of the agreement is for an initial term of 20 years, with three additional successive option periods of 10 years each. Trinity Schools will be allowed to schedule its league play, summer camps and associated field maintenance during the following months: — Spring Season January 1-May 31 Summer Camps June 1-July 20 Fall Season September 1-November 20 Prior to each season, Trinity Schools will provide Parks and Recreation with the scheduled date and time of games and practices. Trinity Schools will be responsible for scheduling the Field for use by the City of Lubbock Adult Baseball League, as well as LISD, Texas Tech, and the general public. All future improvements to Hodges Baseball Field proposed by Trinity Schools will be reviewed by the Parks and Recreation Advisory Board. All utility expenses will be the responsibility of Trinity Schools. Upon approval of the contract, the electric and water meters will be turned over to Trinity Schools. The Parks and Recreation Department will be responsible for major repairs to the electrical and lighting systems, irrigation system, and plumbing. The Parks and Recreation Department will provide trash barrels and perform litter pick-up after City of Lubbock League play only. FISCAL IMPACT: The Parks and Recreation Department will save approximately $4,900 annually in maintenance expenses. The annual mowing expense is $3,486; electricity is $450 per year•, and the annual water bill is approximately $1,000. Staff recommended approval of this resolution. 44 Regular City Council Meeting July 15, 2004 Page 45 Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0364 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 23. FINANCE Other (52.) Consider acceptance of the City of Lubbock Comprehensive Annual Financial Report for the fiscal year 2002-2003 and present the external audit. This item was considered following Item 46. Each year the Accounting Department prepares a comprehensive annual financial report (CAFR), which is designed to provide the City Council, citizens, representatives of financial institutions, and others with detailed infornation concerning the financial condition and performance of the City of Lubbock. As a significant component of the preparation of the CAFR, an independent audit firm of certified public accountants performs an audit of the City's general-purpose financial statements and notes. City Council was asked to take minuted action to accept, by consensus, the comprehensive annual financial report. FISCAL IMPACT: Not applicable. As the preparation of the report and acceptance by the City Council is required under the City Charter, staff recommended acceptance. Bill Hanley, KPMG, gave a presentation on their audit of the City's general-purpose financial statements and notes. Mr. Hanley stated that the City of Lubbock had seven restatements and even one is not a good thing. He stated that only seven cities in Texas had an audit committee and that Lubbock is the only one that does not have a member of the council or management sitting on the committee. It is truly an independent audit committee. Kevin Smith, KPMG Senior Manager for this job, also gave comments. Mayor Pro Tem. Martin stated that "I really have heartburn with the statement by our financial staff in the MDNA that all the problems revolve around high gas prices; because that just forgets what has happened in the operation of this city for more than a decade. And it's this Council that's taken the bull by the horns and fixed it." Council Member Boren asked "what good it does to have $9m of debt on your receivables, when LP&L doesn't have any money to pay it and they have to go to your cash fund balance to take money from there. It's a `smoking facade' in the future." Council Member Boren stated "What we are concerned about, this is the CAFR, and I guess — Lou, I don't where all this has been sent. But in the management discussion analysis component part, which is management's narrative, there is representations that are being made to provide the City Council, citizens, representatives of financial institutions and others with detailed information concerning the financial condition performance of the City of Lubbock. And this report provides assurance that the City presents 45 Regular City Council Meeting July 15, 2004 Page 46 fairly in all material aspects its financial position as verified. And this report is a management's representation concerning the finances of the City. Consequently, management assumes full responsibility for the completeness and reliability of all the information presented in this report. And I'm saying right now on the record, that I reject this comprehensive annual financial report. Because the MDA, the management discussion analysis component part of it, is not accurate. It does not tell the facts that took place with LP&L, what happened to our cash. It does not talk about the fact of WTMPA, the golf fund, Jim's famous words that that was nothing but `funny money'. And the airport fund. You all remember the airport fund, the mismanaged contracts, a lot of these things. And so, I would like to give management, Mr. Fox, if you would — I would like to give them a chance to rewrite and put accurate information in here as a way to what took place in '02203. So that when we do visit with the bond rating agencies, we are just being totally upfront with them. We are putting everything on the table. Not hiding nothing. But our goal is fix it and move forward and grow this city. And I think we've got all the components to do so, and it's time to set the record straight and put it forth that way." Mayor Pro Tern Martin stated "I don't know — I agree with Mr. Boren that the MDNA part of this CAFR is inaccurate and I think Mr. Fox deserves a chance to have his staff fix it. But at the same time, I think we do have to officially accept the audit that was done; because Bill said their audit shows the numbers that are reflected here are correct. It's the management's analysis of everything, I think we have the issue with. So, I would think it would be appropriate to accept the audit, but not accept the CAFR until the corrections are made." Council Member Gilbreath asked Jim Brunjes, Chair of the Audit Committee, to comment on Mr. Boren's statement about accepting the audit and not accepting the MDA. _ Mr. Brunjes stated that he viewed this audit as an audit to carry the City forward and to begin the process of reestablishing credibility. The MDNA can be viewed separate. The auditors do not audit the MDNA typically, unless there's a gross misstatement and even then, it would be very difficult to say that was an issue. Council Member Gilbreath stated that there was a significant cost overrun from what the audit was to cost initially, and asked Mr. Brunjes if he was satisfied with the additional time and resources that were involved to use that as a rationalization for the cost. Mr. Brunjes stated he thought it was a complete justification, due to the fact that the auditors did not have good, clean copies until late in the year. Council Member Boren requested that as City Manager Fox helps rewrite the MDNA, it should go to the Audit Committee to give them an opportunity to review the information before it comes to Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to: 1) accept all audits and letters from KPMG; 2) accept the management letter from KPMG; 3) authorize payment of KPMG's bill for all services rendered; 4) direct the City Manager to rewrite the MDNA and bring to City Council for acceptance; and, 5) recall all copies of this CAFR that have gone outside of the City Council and City Staff to whomever, wherever, and retrieve those and not issue any more until Council accepts the MDNA. Motion carried: 7 Yeas, 0 Nays. 46 Regular City Council Meeting July 15, 2004 Page 47 City Manager Fox requested that Council identify the areas of concern/interest in the report and pass those along. The next items considered were Items 54-57. MISCELLANEOUS Other (53.) Resolution No. 2004-RO342 designating a Mayor Pro Tempore. RESOLUTION NO.2004-RO342 WHEREAS, the City Council of the City of Lubbock is required to elect a mayor pro tern from among its membership after each City General Election pursuant to Chapter 1, Article IX, Section 12, of the City Charter; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Tom Martin is elected mayor pro tern of the Lubbock City Council until such time as a successor may be elected and qualified. Passed by the City Council on this 15th day of July, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel This was the first item considered. The members of the City Council are required by Chapter 1, Article IX, Section 12 of the City Charter to elect a Mayor Pro Tempore from among the Council members at the first regular meeting of the City Council after newly elected members have qualified and taken their seats on the City Council following a regular municipal election. The canvass of the returns and declaration of the results was accomplished, and the newly elected officials are now seated as of May 25, 2004 and July 7, 2004. FISCAL IMPACT: Not applicable. The City Secretary recommended that the City Council accept the returns and act favorably on the resolution. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to elect Council Member Martin as Mayor Pro Tem. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 17-22. Items 54-57 were considered following Item 52. Regular City Council Meeting July 15, 2004 Page 48 (54.) Consider an appointment to the Appointments Advisory Board. Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem Martin to appoint Tavita Dorrow to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. (55.) Consider appointments to the Community Relations Task Force. Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem Martin to appoint Nathaniel Alsbrook to the Community Relations Task Force. Motion carried: 7 Yeas, 0 Nays. (56.) Consider an appointment to the Libraries Board. Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem Martin to appoint Scot Mayfield to the Libraries Board. Motion carried: 7 Yeas, 0 Nays. (57.) Consider an appointment to the Urban Design/Historic Preservation Commission. Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem Martin to appoint Wynn Sikes to the Urban Design/Historic Preservation Commission. Motion carried: 7 Yeas, 0 Nays. 1:19 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present 3:19 P. M. COUNCIL RECONVENED 3:19 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member DeLeon adjourned the meeting. Read and approved thisday of�,� ARC MC OUGAL, MAYOR ATTEST: no �, Rebecca Garza, City Secretary