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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/21/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 2192004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 21st day of July, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Floyd Price, Council Member Phyllis Jones Absent: No one City Manager Lou Fox introduced Lee Ann Dumbauld, the new Chief Financial Officer CITIZEN COMMENTS One citizen expressed comments to the Council. Porfirio DeLeon spoke concerning Item 23, Red Light Camera Enforcement. Council Member Gilbreath expressed birthday greetings to Fire Chief Steve Hailey. Council Member Price led in singing "Happy Birthday". 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". 7:40 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; Fire; North Overton; Storm Water; 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 (Chief Financial Officer; City Attorney; City Manager; City Secretary; Director of Internal Audit; Managing Director of Finance) 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 deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic Regular City Council Meeting July 21, 2004 Page 50 and business plans and studies of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. 9:17 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal; Mayor Pro Tem Martin; Council Member Linda DeLeon; Council Member Jim Gilbreath; Council Member Phyllis Jones; Council Member Floyd Price; Lou Fox, City Manager; Anita Burgess, City Attorney; Rebecca Garza, City Secretary; and Richard Casner, First Assistant Attorney Absent: Council Member Gary 0. Boren Mayor McDougal called the meeting to order at 9:17 A. M. (5.) Invocation by Pastor Rodney Plunkett, Senior Pastor of Broadway Church of Christ. ( 6.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. CONSENT AGENDA (Items 7, 9-15, 17-18) Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tern Martin to approve Items 7, 9-15, 17-18 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (7.) Approval of Minutes: July 7, 2004 Special Session Minutes The next items considered were Items 9-15. (8.) ORDINANCE NO. 2004-00080—Ordinance amending section 16-175.1 of the Code of Ordinances of the City of Lubbock, regarding speed limits (second and final 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 item was moved from consent agenda to regular agenda and was considered following Item 18. Council Member Boren arrived at 9:22 A. M. This item was reconsidered July 22, 2004 following the Work Session Solid Waste/Water Fund/WasteWater presentation by Terry Ellerbrook. Council Member DeLeon asked for clarification on page 7 of the ordinance concerning Quaker Avenue. In particular, north city limits 300' south of Kemper Street is 50 mph, and as soon as you hit Kemper and Erskine (the next hundred block), the speed limit goes to 35 mph, and then it jumps back to 50 mph when you get to Erskine and 4`h Street. Jere Hart, Traffic Engineer, stated this was not a change for this reading, but he would go back and look at adjustments, especially in that immediate vicinity. Also, he stated that the reason for the change on Quaker was due to a horizontal curve, which called for the drop in speed. Council Member DeLeon stated there were other instances, such as Avenue Q going from 45 mph to 35 mph. Mr. Hart stated the ten -mile an hour change is usually the standard. 50 Regular City Council Meeting July 21, 2004 Page 51 Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem Martin to pass on second and final reading Ordinance No. 2004-00080. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 16. At this time, Item No. 8 was reconsidered. City Attorney Burgess stated this was being reconsidered at her request. When it was voted on July 21, 2004, some of the streets setting the speed limit had been omitted. The ordinance had now been amended. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass on reconsideration of the first reading Ordinance No. 2004-00080 as amended. Motion carried: 6 Yeas, 0 Nays. Items 9-15 were considered following Item 7. (9.) ORDINANCE NO. 2004-00081—Ordinance amending section 16-175.2 of the Code of Ordinances of the City of Lubbock, regarding reduced speed limits for school zones (second and final 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. (10.) ORDINANCE NO. 2004-00079—Ordinance to consider abandoning and closing a drainage easement and underground utility easement located in Sections 19 and 20, Block E2, Lubbock County, Texas (2918 108th Street) (second and final 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. (11.) Ordinance No. 2004-00082 amending Chapter 1 of the Code of Ordinances with regard to permitting payment of fees, fines, court costs and other Municipal charges by credit card; providing for a processing fee; providing a service charge; providing a savings clause; and providing for publication first reading). ORDINANCE NO. 2004-00082 AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES OF' THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITTING PAYMENT OF FEES, FINES, COURT COSTS AND OTHER MUNICIPAL CHARGES BY CREDIT CARD; PROVIDING FOR A PROCESSING FEE; PROVIDING A SERVICE CHARGE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The City of Lubbock has accepted payments by credit card for many years. Chapter 132 of the Local Government Code governs the acceptance of credit card payments and any related fees or service charges associated with accepting credit card payments. The City currently accepts credit card payments without charging citizens a processing fee or service charge. Each individual department that accepts credit cards pays the credit card transaction fees. The cost of credit card transaction fees has been considered a cost of doing business... much like fees associated with accepting checks (bank processing fees, insufficient item charges, collection charges). 51 Regular City Council Meeting July 21, 2004 Page 52 The City has not historically accepted any type of fee, due to Visa Rules and Regulations that prohibit us from adding any surcharge to a transaction. The City is allowed to add a "convenience fee" to a transaction, but only if a payment is made in a non -face-to-face transaction (i.e. mail, internet, phone). One way some cities have gotten around this regulation is to provide an Internet kiosk in their lobby and allow people who want to pay via credit card to use the kiosk. They are allowed to charge the convenience fee in this manner. If the Visa®/MasterCard® Associations cite the City for violating their rules regarding convenience fees, fines may be imposed, and the City may be required to eliminate the convenience fee and/or stop accepting credit cards for payment. This amendment to the City's Code of Ordinances will establish the ability for City departments to accept credit cards under Chapter 132 of the Local Government Code. It will also provide the City with some flexibility, if the Council deems it necessary to collect a convenience fee associated with certain payment types. FISCAL IMPACT: There is no fiscal impact associated with this ordinance. The fiscal impact will occur if the Council determines it to be necessary to collect a convenience fee associated with certain payment types. Staff recommended passage of this ordinance. (12.) Resolution No. 2004-R0366 authorizing the Mayor to execute a street -use license with Lee Roy Fulford for the use of a City street for an overhead canopy and support columns (2216 Buddy Holly Boulevard). RESOLUTION NO.2004-R0366 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License for an overhead canopy and support columns, by and between the City of Lubbock and Lee Roy Fulford, and related documents. Said License is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of July, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Senior Attorney/Office Practice A copy of the License is filed with Resolution No. 2004-R0366. 52 Regular City Council Meeting July 21, 2004 Page 53 The business owner at 2216 Buddy Holly Boulevard desires to construct an overhead canopy, with support columns, to dress up the front of his business. This canopy will be 10 feet above the sidewalk, at its lowest point, run the entire length of his storefront for 44 feet, and be 9 feet in width. The parkway width of Buddy Holly Boulevard at this location is 10 feet in width, with parallel parking in the street. This request has been reviewed by the Traffic Engineering Department, the Planning and Zoning Department, and the Street Engineering Department. This license is for 20 years, payable every five years in advance. The cost of this license is the $50 per year minimum street -use license fee or $250 for the first five-year term. FISCAL IMPACT: Yearly income of $50 to the City. The Right -of -Way Department recommended approval of this resolution. (13.) Resolution No. 2004-RO367 authorizing the Mayor to execute a Pre - Paid Paving Refund Agreement with J. L. Elliott Construction Co. Inc., Construction Co., Inc., and Mike Field Development, Inc. for overpayment made on Frankford Avenue for the Chaparral Addition. RESOLUTION NO.2004-RO367 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 Pre -Paid Paving Refund Agreement by and between the City of Lubbock and J.L. Elliott Construction, Inc., Craft Construction Co., and Mike Field Development, Inc., for pre -paid paving costs associated with The Chaparral. Said Refund Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 21 st 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 Hertel, P.E. City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Refund Agreement is filed with Resolution No. 2004-R0367. In June of this year, an error was discovered in the estimate prepared in 1983 for the developer costs associated with the platting of the Chaparral Addition. The error resulted in the developers of that subdivision placing too much prepaid paving funds with the City for the future paving of Frankford Avenue. Frankford Avenue was recently paved, and the error was discovered as the prepaid paving funds were being transferred. Therefore, a refund is due the developers for their overpayment of prepaid paving made at that time. 53 Regular City Council Meeting July 21, 2004 Page 54 Total Prepaid Put Up By Developers = $ 90 032.28 Less Alley Grading Prepaid — $ - 4,400.68 Frankford Prepaid = $ 85,631.60 Correct Frankford Prepaid Amount = $-33,417.33 Amount to be Refunded to Developers = $ 52 214.27 This amount will be divided into three equal checks to the three developers of the Chaparral Addition. FISCAL IMPACT: This prepaid paving collected in 1983 still remains in the Prepaid Paving Fund. Sufficient funds remain in the capital project for Frankford Avenue paving to pay expenses. Staff supported approval of this resolution. (14.) Resolution No. 2004-RO368 authorizing the Mayor to execute a Ratification of Amendment No. 1 to an Agreement for Engineering Services, dated June 29, 2004, with Parkhill, Smith, & Cooper, Inc. for the Milwaukee Paving Project from 34�h to 98'h Streets. RESOLUTION NO.2004-RO368 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 Ratification of Amendment No. 1 to Agreement for Engineering Services, and any other related documents, ratifying that certain Amendment No. 1 to Agreement for Engineering Services, dated June 29, 2004, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. Said Ratification of Amendment No. I to Agreement for Engineering Services 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 21 st 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 Hertel, P.E. City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Ratification of Amendment No. 1 to Agreement for Engineering Services is filed with Resolution No. 2004-R0367. At the June 29, 2004 City Council meeting, the City Council approved Amendment No. 1 to the engineering contract with Parkhill, Smith & Cooper, Inc. (PSC), with approval of a motion to include a project schedule (discussed previously in Council Work Session on June 29 h) and 54 Regular City Council Meeting July 21, 2004 Page 55 a provision that this amendment was contingent on the City's ability to secure developer agreements for their share of the projects costs. In order to clarify City Council action at the June 29`h meeting, this ratification of Amendment No. 1 will define the engineering schedule and the criteria for possible termination or stop work orders of the engineering contract. Also included in this ratification is the statement that the "Engineer shall discontinue all work under this Contract on October 1, 2004, (the Developer Agreement Date) unless Owner shall issue to Engineer written notice to continue work under this Contract". This statement was included should a developer/developers not agree to execute a Developers' Agreement to pay their share of the Milwaukee Avenue paving cost by October 1, 2004, and the City determines to cease work on the project. A delegation of authority to provide for notices to continue or stop work for this City contract is included in this ratification. PSC will commence work immediately, until October 1, 2004, under the hourly rates and reimbursement payments, as outlined in Amendment No. 1 and this ratification. The Mayor has found this acceptable, and has signed Amendment Nu`. However, this ratification must be approved by the Council to be effective. FISCAL IMPACT: There are no additional City costs associated with this ratification. Staff supported approval of this item. (15.) Resolution No. 2004-RO369 authorizing the Mayor to execute an amendment to the Tax Abatement Agreement with Chisum Travel Center, LTD, adding Z8 Properties, LTD, owner of the real property, as a named party to the agreement. RESOLUTION NO.2004-RO369 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 the Tax Abatement Agreement with Chisum Travel Center, LTD., adding Z8 Properties, LTD, owner of the real property, as a named party to the Agreement and all related documents. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council; and THAT the City Secretary shall give notice of the amendment to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 2611 E. Slaton Highway in the City of Lubbock, Lubbock County, Texas. Passed by the City Council this 21 st day of July, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison, Business and Neighborhood Development Director 55 Regular City Council Meeting July 21, 2004 Page 56 APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Senior Attorney/Office Practice This is an amendment to the original agreement with Chisum Travel Center, LTD to include the owner of the real property, Z8 Properties, LTD. Z8 Properties, LTD and Chisum Travel Center, LTD have the same general partner, Caprock Energy, Inc. and limited partner, Chisum Capital. This is the first contract staff has done with a new facility being built on leased property, since staff worked to have the State Law changed in 2001 to allow us to contract with the lessee of the real property. The original contract did not include the owner of the real property as a party to the contract and after review it was decided that it would be prudent if staff amended the contract to include Z8 Properties LTD. FISCAL IMPACT: None. The City Council approved the original contract on June 29, 2004. Staff recommended approval of this resolution. The next items considered were Item 17-18. (16.) Resolution No. 2004-RO372 authorizing the approval of Change Order #001 to the construction project ITB#254-03, Relocate 30-inch Water Line Ahead of Freeway. RESOLUTION NO.2004-RO372 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Change Order No. 1 for ITB# 254-03 (relocate a 30-inch water line ahead of freeway project) by altering the amount of asphalt repair required and deleting a previously required concrete cap. Said 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 Council. Passed by the City Council this 21 st day of July, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin, Interim Chief Engineer APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Change Order is filed with Resolution No. 2004-R0372. This item was moved from consent agenda to regular agenda and was considered following Item 8. 56 Regular City Council Meeting July 21, 2004 Page 57 Two line items for asphalt repair, which include a concrete cap, will be deleted from the current contract and a single line item for asphalt repair, which does not require a concrete cap, will be added to the contract. Conditions of the project have changed, making the requirement for a concrete cap in the asphalt repair work unnecessary. The first line item to be deleted is line item 15 in the base bid for 13,850 square feet of asphalt repair at a cost of $4 per square foot. The second line item to be deleted is line item 22 in option #1 for 14,000 square feet of asphalt repair at a cost of $4 per square foot. A total of 27,850 square feet of asphalt repair, which requires a concrete cap to be constructed, at a unit cost of $4 per square foot will be deleted from the contract. The single line item to be added is for a total of 64,380 square feet of asphalt repair, which does not require the construction of a concrete cap, at a unit cost of $2.40 per square foot. The change order is necessary, due to a larger than expected quantity of asphalt repair. The change order will allow the greater area of repair to be performed without the required use of concrete, but instead, meeting specific compaction criteria. FISCAL IMPACT: The total cost of the two items deleted is $111,400. The total cost of the single item added is $154,512. The difference is an added cost of $43,112. The change order will increase the total project cost by 3.94%, from an original contract cost of $1,095,347 to a new contract cost of $1,138,459. Staff recommended the acceptance of the resolution authorizing the approval of change order #1 for ITB#254-03, Relocate 30-inch Water Line Ahead of Freeway Project. Council Member DeLeon asked about the water line on 3' Street. She stated she had received numerous complaints about the condition of the road due to the construction. Wood Franklin, Interim Chief Engineer, Water Utilities, stated there has been some delay on this project. This change order provides that they will repair the street from curb to curb and give a whole new street. Paving repairs should be started within the next two weeks. He stated the streets were being bladed to make them easier to use. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2004-RO372 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 19-21C. Items 17-18 were considered following Item 15. (17.) Resolution No. 2004-RO370 authorizing the Mayor to execute a contract with Texas Tech University for campus bus service (Citibus). RESOLUTION NO.2004-RO370 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 campus bus service, by and between the City of Lubbock and Texas Tech University, 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 Council. 57 Regular City Council Meeting July 21, 2004 Page 58 Passed by the City Council this 21 st day of July, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer Managing Director of Planning & Transporation APPROVED AS TO FORM: /s/ Amv Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0370. The contract with Texas Tech University (TTU) for transit services is for a one year period beginning September 1, 2004 and ending on August 31, 2005. Contract cost will be $39.22 per bus per hour from September 1, 2004 to August 31, 2004. This will include a fuel cost adjustment above or below $1.30 per gallon. The price per hour covers full cost recovery for the City of Lubbock. The current contract cost is $37 per bus per hour with a fuel cost adjustment above or below $1.05. Citibus has had a contract with TTU since 1968, with the fuel cost adjustment being added to the contract in 1981. In accordance with the TTU contract, Citibus does not collect fares from its passengers. The TTU Board of Regents will consider approval of the contract at their August meeting. The TTU Board of Regents requests that the City Council execute the contract first. FISCAL IMPACT: Any funds spent on maintenance are reimbursed by the Federal Transit Administration at 80%, since the Texas Tech University service is on a breakeven option. The additional funds are used to pay for system expenses which otherwise would have to be paid by the City. Citibus anticipates receiving $1,860,272 from TTU in FY 2004. The approval of this contract will result in no additional cost to the City of Lubbock. Citibus recommended the approval of the TTU contract. (18.) Resolution No. 2004-RO371 authorizing the Mayor to execute an amendment to the First Southwest Company Financial Advisory Services Agreement, and any associated documents, extending the Financial Advisory Services Agreement through September 30, 2004. RESOLUTION NO.2004-RO371 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 Financial Advisory Agreement by and between the City of Lubbock and First Southwest Company. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. M Regular City Council Meeting July 21, 2004 Page 59 Passed by the City Council this 21 st day of July, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodes Beverly Hodges Managing Director of Finance APPROVED AS TO FORM: /s/ Richard K. Casner Richard Casner First Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2004-R0371. The City of Lubbock contracts with First Southwest Company (FSC) for Financial Advisory Services. Currently, the City is in the process of selling bonds to fund various capital projects. The services of FSC are used extensively in the bond issuance process, and their services will be required until the proceeds of the current year's bond issuance have been received in late September 2004. The City is currently reviewing Requests for Proposal for Financial Advisory Services, as the current contract with FSC expires on August 12, 2004. The award of the contract for these services will occur at the August 16, 2004 City Council meeting. Whether or not FSC is selected as the Financial Advisor to the City, the City's involvement with FSC in the current bond issuance process will require a continued contractual relationship with FSC until September 30, 2004. This amendment to the current contract will extend the services of FSC until the current bond issuance process has been completed. FISCAL IMPACT: This contract extension will not increase any costs, but will ensure that a contractual relationship exists throughout the current bond issuance process. Staff recommended approval of this resolution. The next item considered was Item 8. Items 19-21C were considered following Item 16. PUBLIC HEARINGS 9:31 A.M. Zoning (19.) Ordinance No. 2004-00083 - ZONE CASE NO. 3016 (south of 98th Street and east of Upland Avenue): Hold a public hearing to consider the request of Hugo Reed and Associates, Inc. (for Dr. Enrico Aguas) for a zoning change from T to AM, GO and C-3 on 37.3 acres of unplatted land out of Section 22, Block AK first reading). 59 Regular City Council Meeting July 21, 2004 Page 60 ORDINANCE NO. 2004-00083 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3016; A ZONING CHANGE FROM T TO AM, GO AND C-3 ZONING ON 37.3 ACRES OF UNPLATTED LAND OUT OF SECTION 22, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 9:31 a. m. No one appeared on behalf of Dr. Enrico Aguas. No one appeared in opposition. Mayor McDougal closed the hearing at 9:32 a. m. The request represents a comprehensive zone case on a quarter section of property south of 98th Street and east of Upland Avenue. Adjacent land uses are substantially vacant in all directions. Several homesteads exist in the area and an office is located on Upland Avenue, south of the project. One neighbor to the east expressed a concern regarding drainage, and the Commission and staff explained to them that the project would be engineered and that for drainage across their property to occur, the developer would have to work with them. The proposal is consistent with the Comprehensive Land Use Plan and zoning policy with an understanding related to the two parcels of Garden Office. The proposed AM adjacent to the half mile on both 98`h Street and Upland Avenue meets Plan guidelines for buffer districts (churches, apartments or offices) to be located on the perimeter of residential area and adjacent to thoroughfares. Staff made clear that, regarding the proposed garden office strips along 981h Street and Upland Avenue, the Comprehensive Plan is amenable to using buffer districts along the thoroughfare away from the policy "commercial" corner areas, but using the zoning district as a stepping -stone to future strip commercial is not acceptable. Dr. Aguas understands, and the residential subdivision is designed in a manner that the interior single family can be pulled out to "side" up to the thoroughfare as in other parts of Lubbock. The project should have no more than the anticipated effect on the thoroughfare system. The Planning Commission recommended approval of the request with the following condition: 1. The C-3 parcel and the two Garden Office strips shall be subject to a review of a traffic management plan (regarding cross easements and proposed curb returns) by the Planning Commission prior to platting. The review can be per each of the three parcels. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2004-00083 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (20.) Ordinance No. 2004-00084 - ZONE CASE NO. 2984-A (south of 341h Street between Milwaukee Avenue and Upland Avenue): Hold a public hearing to consider the request of Masters and Associates (for Milwaukee Land and Trust) for a zoning change from T, GO, C-2 and C-3 to C-2A, C-3, C-4, A-1, A-2, R-1 Specific Use for residential estates, and R-1 Specific Use for reduced setbacks on 256.7 acres of unplatted land out of Sections 37 and 38, Block AK first reading). • l] Regular City Council Meeting July 21, 2004 Page 61 ORDINANCE NO. 2004-00084 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2984-A; A ZONING CHANGE FROM T, GO, C-2 AND C-3 TO C-2A, C-3, IHC, A-1, A-2 AND R-1 SPECIFIC USE FOR RESIDENTIAL ESTATES AND R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 256.7 ACRES OF UNPLATTED LAND OUT OF SECTIONS 37 AND 38, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 9:31 a. in. No one appeared on behalf of Milwaukee Land and Trust. No one appeared in opposition. Mayor McDougal closed the hearing at 9:32 a. in. The request encompasses 271 acres between Milwaukee and Upland Avenues, south of 34`h Street and north of the recent reconstructed South Plains Railroad. Adjacent land uses: North — Elm Grove golf course, a mixture of nonconforming business and residential South — railroad tracks East — commercial, residential and industrial West — strip residential along Upland Avenue that was built outside the City limits The request is largely compatible with the policies incorporated by the Comprehensive Land Use Plan. Due to the circumstances in the vicinity caused by previous development and the railroad tracks, the following aspects of the request are minor amendments to the existing Plan and merit additional discussion: 1. The area on the west side, north of the tracks and south of an existing C-3 "policy" area at 341h Street and Upland Avenue — the applicant is requesting Interstate Commercial (the original application indicated C-4). With an industrial use south of the railroad tracks, and apartments and commercial zoning to the north, the proposed use should not be out of step with the best alternatives available given the land use relationships existing in the area. The applicant is requesting that two uses be prohibited from the list of permitted IHC uses because of concern expressed by adjacent property owners: bars/nightclubs and dancehalls. 2. The proposed C-3 and C2-A parcels south from the corner of 341h Street and Milwaukee Avenue total 21.9 acres versus the standard policy of 10 acres. The rationale of the proponent for the increase in acreage is that the northeast corner of the intersection will never have more than two or three acres of commercial on the lots fronting 341h Street since they are landlocked by residential to the north. For at least as long as Elm Grove is in operation, the northwest corner has no proposed commercial allotment (that condition could change as the marketability of the corner becomes better). The commercial acreage on the southeast corner is reduced because of the location of the Elks Lodge and their private trailer - parking site. The Comprehensive Land Use Plan targets 40 acres of commercial at each corner; the total on this corner will not be excessive but will be distributed unevenly. The owner is hoping to attract a full shopping center with anchor grocery tenants. At present, no site exists along the Milwaukee Avenue corridor from 50`h Street north to at least 19`h Street, outside Loop 289 for a full service shopping center. The applicant is hoping these circumstances warrant approval of the larger acreage. 61 Regular City Council Meeting July 21, 2004 Page 62 Staff indicated to the applicant that the 10-acre policy would be reviewed with the Commission and Council, and a concern would be indicated for the existing residential subdivision to the east between 35`h and 38 h Streets. The proposed A-2 south of 38`h Street has no compatibility issue since the land area on the east side is zoned industrial. The response by Mr. Masters, and the applicant, is to offer a site plan indicating a landscape buffer area along the Milwaukee Avenue frontage across from the residential. In addition, the site plan proposes limited curb access to Milwaukee Avenue. If commercial zoning is to be considered outside the policy 660 foot by 660 foot intersection corner, adopting these two aspects of the site plan as conditions are very important. The combination should protect the residential to the east in a manner perhaps better than traditional residential siding to the thoroughfare. No residents of the subdivision to the east expressed concern for the project, and the Planning Commission seemed in agreement with the oversized proposal. 3. A small C-2A parcel is targeted at the half section point on 34th Street between Upland and Milwaukee Avenues. While not C-1, which is true neighborhood commercial, the objective is to have light commercial uses for the adjacent neighborhood at the entrance to the subdivision. The parcel backs up to an area that is part of a playa lake and will not be developed. The playa lake is proposed for consideration as a park in the future. Whether the site is accepted as a park, or remains private, is a negotiation between the applicant, the Parks Board and the City Council. The A-1, A-2, R-1 Specific Use for setback and R-1 Specific Use as Residential Estates (the lots that back up to the railroad are larger and will allow stock only if the owner has a home on the lot) areas represent policy requests. The project will have no greater than the anticipated impact of a project this size on the thoroughfare system. As noted, the Commission agreed to the minor variation from Plan policy for the commercial, and recommended the request with the following conditions: 1. In the R-1 Specific Use/residential, the 2 acre A-1 portion across from the C-2A parcel and the 10.2 acre A-1 portion in the northeast (if the parcels are developed as duplexes/triplexes or quadraplexes), the minimum front setback will be 20 feet, the minimum side setback for corner lots will be five feet and the minimum front setback on a cul-de-sac for any non -garage portion of a home will be five feet. 2. Within the 4.8 acre Interstate Commercial location on the west side, the following uses shall not be permitted: • (19) Dance hall • (43) Nightclub, bar or lounge 3. For the 21.9-acre commercial area on the east, the development will be tied to the site plan indicating the proposed landscape buffer areas and the proposed driveway access on the Milwaukee Avenue frontage. Prior to a construction permit on any of the commercial development, the Planning Commission shall review a _ detailed landscape plan. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. 62 Regular City Council Meeting July 21, 2004 Page 63 Motion was made by Mayor r reading Ordinance No. 2004-00084 as Member Price to pass on firstg recommended by staff. Motion carried: 7 Yeas, 0 Nays. ADMINISTRATIVE SERVICES Community Services (21.) Resolution No. 2004-RO373 approving the Design lines and the a Alan Development Plan for the Sam Wahl Recreation Area at Henry. RESOLUTION NO.2004-RO373 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement approving the Design Guidelines and the Development Plan for the Sam Wahl Recreational Area at Lake Alan Henry. 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 21 st day of July, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Community Services Director APPROVED AS TO FORM: /s/ John Knight John Knight Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0373. In 2003, the City Council approved an agreement with Parkhill, Smith & Cooper for the design of the improvements in the Sam Wahl Recreational Area, Lake Alan Henry. The contract included development of the Design Guidelines for the improvements, as well as a Development Plan. The Design Guidelines depict a consistent vision or style for current and future development of the Sam Wahl Recreation Area. Recommended site planning guidelines include building styles, volumes, massings, materials, products, signage and parking ratios. The Design Guidelines create a unique and identifiable style specific to the region. Influences for the form and materials of the planned facilities were found by considering the lake, surrounding land and the history of the region. Two main themes emerged from this investigation: the long-term habitation of the region by Native American peoples and the organic elements of geology, vegetation and wildlife. The goal is to provide facilities that provide shelter and services in an aesthetically pleasing manner and also tell the story of the Lake Alan Henry region. The Development Plan enables planning of all the program components into one aggregate plan. The plan shows roads, utilities, facilities, parking lots, boat ramps, cabins, park store, park headquarters, campgrounds, 63 Regular City Council Meeting July 21, 2004 Page 64 trails, pavilions, swimming areas and other requirements, in scale and coordinated for the program and site. The plan will serve as a map for the City to follow for development and will provide the visual tool needed to understand the magnitude of each scope item in the overall proposed development in the recreation area. The plan provides a more realistic and coordinated routing of infrastructure and utilities for the development of the site and potentially maximizes economies of scale in phased construction. The Design Guidelines and the Development Plan were developed through a process utilizing a City Workgroup. The City Workgroup included the Lake Alan Henry Working Group, along with Parks and Recreation Advisory Board members Grey Lewis and Jerry Ramirez. Public input was taken for the plans on May 25`h during a Park and Recreation Advisory Board meeting. FISCAL IMPACT: Not applicable. On June 22, the Park and Recreation Advisory Board recommended approval of the Design Guidelines and the Development Plan for the Sam Wahl Recreational Area at Lake Alan Henry. Randy Truesdell, Parks and Recreation Director, gave comments. He introduced Mary Crites and Chad Davis with Parkhill, Smith & Cooper. Both Crites and Davis gave presentations. Grey Lewis, Vice -Chair of the Parks and Recreation Board, also gave comments. He stated this was a 25-year plan for development. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Jones to pass Resolution No. 2004-RO373 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. ELECTRIC UTILITIES (21A.) Ordinance No. 2004-00085 ordering a charter amendment election for submission to the qualified voters of the City of Lubbock, Texas, a proposition calling for adoption or rejection of an amendment to the charter of the City of Lubbock creating an Electric Utility Board for the governance, management and operation of the City's electric utility first reading). ORDINANCE NO.2004-00085 AN ORDINANCE ORDERING A CHARTER AMENDMENT ELECTION FOR SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK, TEXAS, A PROPOSITION CALLING FOR ADOPTION OR REJECTION OF AN AMENDMENT TO THE CHARTER OF THE CITY OF LUBBOCK CREATING AN ELECTRIC UTILITY BOARD FOR THE GOVERNANCE, MANAGEMENT AND OPERATION OF THE CITY'S ELECTRIC UTILITY; PROVIDING FOR NOTICE OF THE ELECTION; PROVIDING SAVINGS CLAUSE; AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE HEREOF. The Council created the Electric Utility Governance Board to study and make recommendations regarding the governance of Lubbock Power and Light. Based on the Board's recommendations, an election will be held on the 2nd day of November, 2004, which date is the first authorized uniform election date that is more than 62 days after final passage of this Ordinance, at which election the following propositions to adopt or reject the proposed amendments to the existing Charter of the City of Lubbock shall be submitted to the qualified voters of the City of Lubbock for adoption or rejection. PROPOSITION NO. 1 SHALL the Charter of the City of Lubbock be amended to provide that an Electric Utility Board composed of nine Lubbock citizens and eligible 64 Regular City Council Meeting July 21, 2004 Page 65 voters appointed by the City Council be created to govern, manage and operate the City's electric utility. FOR: AGAINST: SECTION 2. THAT in the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock. Chapter 1, Art. XII, §1."The City of Lubbock's electric utility shall be governed, managed and operated by a board composed of nine members appointed by the City Council who shall be citizens and eligible voters of the City of Lubbock. Said board members shall serve terms of two (2) years, except that five members shall have initial terms of one (1) year as determined by the drawing of lots. The Board shall appoint a director of electric utilities and a general counsel for electric utilities, who shall serve at the pleasure of the Beard. The director shall appoint all employees of the electric utilities except those employees serving exclusively under the general counsel's direction and authority. The Board shall determine the transfer and disbursement of all net revenues of the City's electric utility. The City Council shall retain the right to establish rates, exercise the power of eminent domain on behalf of the electric utility, issue obligations in the name of the electric utility, and approve the budget of the electric utility. Other duties and responsibilities of the board shall be as specified by the City Council in an appropriate ordinance adopted for such purpose to be effective no later than January 1, 2005." FISCAL IMPACT: Not known at this time. Staff recommended approval of this ordinance. Council Member Gilbreath asked if the language in council backup titled "Section 2" would be included in the ballot? Matt Wade, Assistant City Attorney, stated it would be. Council Member Gilbreath stated "When we set up the Electric Utility Board as it now stands, one of the things we did was to create a list of hurdles that LP&L had to clear before certain things happened; revenue hurdles and earnings hurdles. And we did this, kind of as a safety net or as kind of preventative medicine, maybe. The language that we have here does not address that. Should we have, and I'm asking the Council, should we have some heartburn about this? This is saying that the Board shall determine the transfer and disbursement of all net revenues of the City's electric utility. Now, I'm real comfortable with this Board. Real comfortable with it, but --" Mayor Pro Tern Martin stated, "I think that's what we set up though, when we created the board. In other words, we set up their reserve requirements and so forth, and then we are looking at — we have already spelled it out actually." Council Member Gilbreath stated "Well, we spell it out in their by-laws, I guess, in the ordinance." Mr. Wade stated, "It's spelled out in the ordinance. Now, you could be more specific in how you actually amend the charter right now." Council Member Gilbreath stated, "I think I would like to see some reference to that ordinance to make sure that we don't do something to negate that ordinance. Or that that board doesn't do — future boards don't do something that negates that ordinance, if that's possible." Mr. Wade stated "Actually, the way that this is set up is, if the charter amendment occurs, then this city council and the board have until January 1, 2005 to come up with the ordinance providing the guidelines, any other 65 Regular City Council Meeting July 21, 2004 Page 66 guidelines you want to give to this board. You can use the exact same ordinance you have right now and simply just carry that over after the charter's amended." At this time, Mayor Pro Tern read an editorial from the Avalanche -Journal dated May 16, 1973 after the citizens of Lubbock approved the bond election to allow Lubbock Power and Light to expand. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00085 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS Other (21B.) Appoint one member of the City Council to the Board of Directors of the South Plains Association of Governments (SPAG). Council Member T. J. Patterson served as a City Council representative on the SPAG Board of Directors. With his replacement on the City Council, a new representative needs to be appointed to the SPAG Board of Directors. FISCAL IMPACT: Not applicable. City Council appointed a replacement for Council Member Patterson to the South Plains Association of Governments Board of Directors. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to appoint Council Member Floyd Price to the Board of Directors of the South Plains Association of Governments (SPAG). Motion carried: 7 Yeas, 0 Nays. (21C.) Ordinance No. 2004-00086 amending Chapter 2 of the Code of Ordinances, City of Lubbock, by adding Section 2-15, regarding the duties of the City Secretary of the City of Lubbock. ORDINANCE NO. 2004-00086 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DUTIES OF THE CITY SECRETARY OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Martin stated "Mr. Mayor, I asked this be placed on the agenda. I realize that we just met last week. But I do that as a means to remind Mr. Fox and his people, you all said last week you were going to come up with a solution to this problem on the Council staff. We've got an ordinance to pass at any time. I realize it's only been a week. I'm not going to forget about this and I don't think the rest of us are either. So, this is just a tickler, if you will. I'd recommend, Mr. Mayor, we take no action on it today. But just to remind you that we have not forgotten, and we will not forget, and we expect it to be done pretty quickly." Mr. Fox stated he understood. Motion was made by Mayor Pro Tern Martin to take no action. Mayor McDougal asked City Attorney Burgess if council needed to take action. He added, if we take no action, it doesn't fail. Ms. Burgess stated if they take no action, it would fail. But you could always bring it back. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to pass first reading Ordinance No. 2004-00086. Motion carried: 7 Yeas, 0 Nays. Mayor McDougal asked to hold the second reading until such time as the Councilman would request this item to come back. 10:16 A. M. CITY COUNCIL RECESSED Regular City Council Meeting July 21, 2004 Page 67 10:23 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present (22.) Presentation of the results of the Water and Sewer Rate Study and the recommendations made by the Lubbock Rates Review Committee. Rick Giardina, Rick Giardina & Associates (1 hour) The City's rate consultant, Rick Giardina & Associates, Inc. (RGA), presented the results of the Water and Sewer Rate Study project. The presentation included a review of the scope of services provided, the methodology and approach used in completing the study, and the findings and recommendations of the Lubbock Water and Sewer Rate Review Committee and the Lubbock Water Advisory Commission. The recommendations were specific in terms of the identification of the need for, and level of, revenue increases necessary to maintain the financial viability of the City's Water and Sewer Funds. RGA also presented the recommended water and sewer rate structures associated with the fiscal year 2004-05 (and future year) revenue increases. FISCAL IMPACT: Not applicable. City .Attorney Anita Burgess introduced Rick Giardina, Rick Giardina & Associates, Inc. She recognized Council Member Gilbreath, who sat as the ex-officio member on the Lubbock Water & Sewer Rate Review Committee. Additionally, she recognized: Mike Liner, Chair of the Lubbock Water and Sewer Rate Review Committee and John Leonard, a member of that committee. Ms. Burgess stated that this information had been presented to the Lubbock Water Advisory Commission and Lubbock Water and Sewer Rate Review Committee and had received unanimous votes from both committees regarding these issues. Mr. Giardina gave a presentation and Mr. Liner gave comments. Council Member Gilbreath asked "Would we be better served in order to prepare the citizenry for what's going to happen once we get our billing system worked out, to go ahead and adopt the cost of service based rate effective 10-01-04 and then the AWC rate effective 10-01-05, subject to only getting our billing system worked out?" Mr. Giardina stated, "Yes". Mayor McDougal asked "Why could we not do the alternative theory, which is what he is talking about for 10-01-05 — why could we not do that now with instructions to — with that being implemented as soon as we could get the billing taken care of?" Sherry Stephens, Water Programs Manager, stated "I don't know if it was a problem with the billing system, but one of the things we have got with our existing billing system is, it's been "moded" several times and every time you modify a system, any work you do to it just magnifies it, not even proportionately. So one of the things we need to do, we need to have a consultant come in and look at our existing billing system, and they charge us to do that, and tell us what it's going to take to get the Banner system to do this particular rate structure, what it's going to take time wise and cost wise. So as soon as we get the go that this is the direction you want to go in, we will get the consultant on board and have him take a look at it and see what we can do to the existing system." Council Member Boren asked why we need a 22% increase in our sewer fund, what is going on with our land application, etc. He stated that if the citizens were asked for more money to make the "cush" bigger, they are going to say you didn't do your "cush" right previously. Why should we trust you with more "cush"? Also, he stated that if we are going to ask for 67 Regular City Council Meeting July 21, 2004 Page 68 more money, that we really "ratchet down" and examine that the water and sewer departments are being as efficient as we can and that we are not wasting money. If we need more money, we need to know why in a more detailed manner. Council Member Boren asked for a breakdown of the expenses and projects. Council Member Price suggested slowing this down just a little bit to get all the logistics. Then if it needs to be raised, the people need to know why. Mayor McDougal stated "So, what we need to do today then is give some direction on which — how this council wants to move forward. Either as it is today, with the recommendations of the committee, or some other alternative to get the budget prepared. Then this will be what is presented to us during budget next month. Is that correct? Is that what you are needing today?" City Manager Fox stated it does affect our rating by the agencies. Council Member Boren stated, "Let's wait until we get to the budget and see how we — look at the different enterprise funds and start peeling back. Because we really need to do an operational review of the water and sewer, and really break that thing down to its basics, and really see where we're spending money, and what we need to do to correct it." Mayor McDougal stated, "Then based on that, we would — the direction would be, at least for drafting the budget would be, do it based on the current rates." He further recommended moving forward, putting the budget together as the recommendation came from the committee, with the understanding that when council gets into the budget, they will need a lot of explanation specifics on where those new dollars are going to be spent. Council Member Gilbreath stated that although Mr. Giardina didn't get to it, he did have a bullet in his PowerPoint to reformat the utility bill. Presently, we cannot give the customers enough information to let them know what they are being charged for, and we need to do a better job of letting them know. Mayor Pro Tem Martin commended Mike Liner on the outstanding job he has done for the citizens of Lubbock. 11:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present 1:04 P. M. CITY COUNCIL WORK SESSION RECONVENED Committee Room 103 All council members were present (23.) Red Light Camera Enforcement presentation, including what other Texas cities are doing and its public safety impact. Craig Farmer, Managing Director of Planning & Transportation, gave comments. He stated Lubbock experienced 15 fatalities from January 2002 to December 2002 because of red lights violations. In addition, from August 2002 to August 2003, Lubbock averaged five fatalities per year due to red light injuries, plus 496 incapacitating injuries in one year. Council Member Boren asked if alcohol was involved in the fatalities? Police Chief Claude Jones stated he would go back and look at the numbers. Jere Hart, City Traffic Engineer, gave a PowerPoint presentation, a copy of which was provided in council backup. Regular City Council Meeting July 21, 2004 Page 69 Mayor Pro Tem Martin stated he would like to see how the Traffic Division of the Police Department has grown over the years. Council Member DeLeon stated she was not looking at the money side of this; but the human side of saving lives, and was in favor of moving forward with the red light cameras. Mayor Pro Tern Martin asked Mr. Hart to do the following two things: "Check with the City of Mesa, Arizona, which found that when they added one second of yellow time to the red lights in their city, that there was a 73% reduction in the red light violators captured on their cameras, and that it led to a dramatic decrease in revenue for their red light cameras and they finally decided to take them out. Would you check that out for me? And also, Fairfax, Virginia had a red light every 12 minutes on average on their cameras, until they extended the yellow time a second and a half, and they virtually eliminated the red light running in their town. Could you check those for me as part of this research?" Mayor McDougal stated, "It may be the latter part of September or the first part of October before we can — I know we won't be able to in August. You all probably don't have enough time to get that research done. But let's get back in and I would really like at that point to see — unless I hear four to move forward today — and I would really like at that point to see a — you know, some type of proposal, even if it's a proposal that they've turned in somewhere else that we can take a look at. I'm not sure I'm asking for — I'm not asking for a RFP for locally, but something a little more concrete than what we're looking at here as far as how the vendor would handle it. Now, I heard Linda say she was ready to move forward. Is there anybody else?" Council Member DeLeon stated "Even the Traffic Commission recommended for us to move forward with it." Mr. Hart read the recommendation of the Traffic Commission, which stated "Recommend to City Council to install red light camera enforcement at selected locations and use additional revenue to fund public safety needs, including but not limited to, the HALT Aggressive Driving Campaign, Traffic Section Police Officers, including equipment, supplies, additional traffic signals, traffic signs and striping, emergency pre-emption and traffic incident management equipment software." Council Member Boren stated he wanted to hear what Chief Jones comes back with after looking at these issues. 1:55 P. M. CITY COUNCIL RECESSED UNTIL THURSDAY MORNING THUR.SDAY, JULY 22, 2004 8:05 A. M. CITY COUNCIL WORK SESSION RECONVENED Committee Room 103 All council members were present (24.) Discuss the City of Lubbock Proposed FY 2004-05 Operating and Capital Project Budgets for Enterprise Funds. Staff presented the proposed budget for FY 2004-05 for Enterprise Operating and Capital Projects Funds. A summary overview by fund was provided to the City Council and more detail was presented at the meeting. Terry Ellerbrook, Director of Water Utilities, gave a presentation on the Solid Waste Fund/ Landfill. Gaylyn. Chapman, Technical Program and Education Coordinator, assisted with comments. Council Member Boren requested that more detailed information on the BioSolids Composting Project be brought to council. City Manager Fox stated that on the Transfer Station Efficiency Study, they are looking at contracting with BFI, which could be a real cost saver. Regular City Council Meeting July 21, 2004 Page 70 Mayor Pro Tem Martin proposed, concerning the Transfer Station Efficiency Study, why not look at the possibility of leasing out our landfill to the private sector and they operate it, rather than us. He suggested putting money into the budget for expanding the idea of the Transfer Station Efficiency Study and combining it into one look for leasing out or privatizing the operation of the landfill. City Manager Fox stated they were also looking at that. Council consensus was to combine the study. City Manager Fox stated they would take a look at the fee schedule for the landfill to see how they could attract more business. Mayor Pro Tem Martin stated there were some issues on the Solid Waste May financial statement that needed to be looked at; specifically, "restricted assets" and "advanced to" other funds. He also asked staff to look at Fund Equity in regard to $5.5m reserved and $23-4m unreserved. He wants to know how much of this is cash and what makes up the balance that is not cash. Council Member Gilbreath requested that a balance sheet be provided. 9:25 A. M. CITY COUNCIL RECESSED 9:43 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present Terry Ellerbrook, Director of Water Utilities, gave a presentation on the Water Fund/Wastewater Fund. Others making comments were: Ches Carthel, Chief Engineer, Water Utilities; Bruce Black, Water Production and Treatment Superintendent; Wood Franklin, Interim Chief Engineer, Water Utilities; and Sherry Stephens, Water Programs Manager Council Member Price suggested that when fire hydrants are being flushed, the road crews could come and fill up their trucks. Fire Chief Hailey stated they could try to coordinate this. Mayor McDougal asked "Where are we at with metering for water and electricity, because that would solve that problem?" City Attorney Burgess stated that the Mayor had asked for an RFP for electronic metering and they are in the process of drafting this and will bring it forward in short order for council to look at. Mayor Pro Tem Martin suggested to Chief Financial Officer Lee Ann Dumbauld that she might want to look at the debt maturity schedule. Council Member Boren, after asking several questions without getting answers, requested that in the future, the budget information be brought to the presentations in order that Council would not have to wait for it. Mayor McDougal stated: "As we move forward with the budget, there under payroll on the last screen, I still want to caution that until we kind of see where we are at with the electronic metering, we may want to hold that off, even though it's budgeted. Maybe not start just immediately with those expenditures until we kind of at least have a timetable on the RFP process. And you know, I don't know, that may be something that comes back that is too costly. We can't afford it. It may not work. I don't know. But I would hate to see us spend the dollars that we talk about in this budget and then six months from now throw it out the window and start with a new project." Council Member Boren asked how we could cut down on legal and consulting costs dealing with the landfill. City Attorney Burgess stated, "Councilman, it is my opinion, and we've talked about this, I think among staff and council, as well. I think we really do need a comprehensive look at the way we are disposing of our 70 Regular City Council Meeting July 21, 2004 Page 71 effluent. I think that it's not going to be any one magic bullet. I think it's going to be a combination of things. I think we need to take a look at the possibility of a reuse plant. I think there's some real possibilities there with regard to taking that pressure off of the land application site. I really think that we need to look at upgrading those treatment plants, so that we get a higher quality of water and then when we lay that water out on the land application site, we will have a better quality going in. It's the environmental costs, it's consulting costs, it's the possibility of the health issues to the citizens in the outlying areas. We've got to be concerned about all of that. We are. We just need a very good comprehensive look." Ms. Burgess also stated there is a request for federal dollars out there for a reuse feasibility study and a reuse project. Mayor McDougal stated there is a group from the City going to New York in the next thirty days and they might stop by Washington, D. C. and make some calls. Mayor Pro Tem Martin stated that we should get out of the land application business. Council Member Price stated he would like to see the study as soon as possible and get this treatment plant up to par. Council Member Boren stated "As you get into this more so, I want to remind the City Council members and City staff, and let you be aware of it, that when we passed the resolution creating the Lubbock Water Advisory Commission, that their goals were to evaluate and look at our water and also get involved in the wastewater related matters also. So be sure and keep them totally involved, because that is what we asked them to do was to get heavily involved in the reuse of water resources and all of the major capital expenditures affecting our water issues, long range, short range, wastewater plan efforts, the whole program. So they need to be kept to speed on that." City Attorney Burgess stated that the Water Advisory Commission plans to begin "eating that elephant" the week of August 16'`, when they have set a meeting to work on this. Mayor McDougal had stepped away from the meeting. Mayor Pro Tern Martin stated that since Council was still in session from the June 21, 2004 meeting, Council Member DeLeon had a motion she would like to make. At this time, Item No. 8 was reconsidered. 11:30 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present 1:07 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present James Loomis, Director of Aviation, and Kelly Campbell, Deputy Director for Administration and Finance, gave a presentation on the Airport Fund. Council Member Boren asked for a copy of the PowerPoint and asked City Manager Fox to make sure Council had copies of presentations before they were made. Mr. Loomis stated the airport is an enterprise fund, independent of the general fund. It doesn't take any of the general tax monies. Council Member DeLeon asked about the short-term parking lot. She stated some of the areas were in bad shape. Mr. Loomis stated there was no money to utilize. It's probably a $1.5m project to repair that parking lot. In a couple of years, it can possible be done. 71 Regular City Council Meeting July 21, 2004 Page 72 Mayor Pro Tern Martin stated, "We have this loan from the Solid Waste Fund that's sitting out there for the Silent Wings Museum. And, you know, I guess looking back at decisions that have been made in the past, but in light of today's things, is that really an airport function that we need to be charging the airport revenue fund for building a museum? And it's taken $110,000 a year, that if you had that $110,000 available every year, you could probably finance some airport revenue bonds to be able to fix the parking lot. And then you might want to look at that power line agreement also, whether or not — I mean I am just searching for ways —." Mayor McDougal stated he and Mr. Loomis had talked about concrete, instead of paving. Once you've put concrete down, you're done. That is long-term." Also, Mayor McDougal stated, "Also, if I remember correctly, the new council that came on two years ago, when we looked at not only Silent Wings, the Buddy Holly Center, the Windmill Museum, I think we said at that time that those needed, in the next three budget years, to be self-sufficient; that we simply couldn't afford to continue to subsidize them. And if I'm not mistaken, this will be that third budget year." Ms. Campbell stated she thought it was five years. Council Members Boren and Price stated that they didn't feel we should spend all of this money on these entities and end up with the doors closing. Brent Black, Director of Transportation and Shannon Garrett, Administrative Assistant, Citibus, were there to present their budget information to Council. However, Council felt that because they had seen the Citibus budget numbers before, there was not a need for the presentation. Council commended the way their operation is run. Mayor McDougal stated, "Let me just state for the record. I think I can speak on behalf of the council that what we said a year ago during budget would still stand as it relates to Citibus and making sure that we maintain the routes that we currently have and that we are not decreasing those times, routes, hours." City Manager Fox stated that the one thing he had asked for was just an accounting of their books, due to the fact they are contractual. Marsha Reed, Civil Engineer, gave a presentation on the Storm Water Fund. Don Jennings, Streets Superintendent, also gave comments. Mayor Pro Tem Martin stated, "We might explain that Lubbock Power & Light budget discussion and adoption for us is a competitive matter, and by law is not subject to open meetings. Therefore, we have really already considered Lubbock Power & Light's next year's budget in executive session. The Board has already taken action on it also. Since Lubbock Power & Light does compete with a private electric company, for us to discuss some of the intimate details in a public forum might give the competitors a competitive advantage. By law, by state law, we are allowed to do that and that's why we basically discuss LP&L's budget in executive session." 2:05 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Gilbreath moved to adjourn. 72 Regular City Council Meeting July 21, 2004 Page 73 / Read and approved this 771,, i day of MARC MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary 73