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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/16/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2004 12:00 NOON The City Council of the City of Lubbock, Texas met in regular session on the 16th day of September, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 12:00 Noon. 12:00 NOON CITY" COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tern Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, Council Member Floyd Price Absent: No one. CITIZEN COMMENTS Seven citizens expressed comments to the Council. They were: Donna Walz appeared to discuss the status of the Buddy Holly Symposium, the contract with Maria Elena Holly, and the benefits of the Symposium to the people of Lubbock. (Item 52A) • Others appearing in support of the Buddy Holly Symposium were: Eric Henn, Bill Griggs, Sharon Griggs and Pamela Brink. 9 Paul Johnson spoke concerning Lake Alan Henry • Clyde Kitten also spoke concerning Lake Alan Henry. He told Council that he would take out his dock, and he had a written statement from Mark Brown that he would move his cabana. Mr. Kitten stated that regardless of the vote on today, the opposition wants to and will negotiate. 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." 12:26 P. 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; Overton; Planning; Police; Water Utilities). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Community Services; Overton; Water Utilities). Regular City Council Meeting September 16, 2004 Page 184 (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; Fire Chief) 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 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. 1:42 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tem Tom Martin; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Jim Gilbreath; Council Member Phyllis Jones; Council Member Floyd Price; Lou Fox, City Manager; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney Absent: Mayor Marc McDougal Mayor Pro Tem Martin called the meeting to order at 1:42 P. M. ( 5.) Invocation by Mr. Doug Moore, Elder of Cornerstone Bible Church. ( 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. BOARD APPOINTMENTS RECOGNITION Civic Lubbock, Inc. Receiving: Kay Sanford (unable to attend) Entertainment Lubbock Task Force Receiving: Dr. Don Haragan (unable to attend) Housing Finance Corporation Receiving: Cathy Allen Permit & License Appeal Board Receiving: Linda Ewing (unable to attend) Russ Liner Public Transit Advisory Board Receiving: William Meadors CITIZEN APPEARANCES ( 7.) Presentation of an employee recognition to Fire Fighter Jon Wheeler. Regular City Council Meeting September 16, 2004 Page 185 Chief Hailey requested an employee recognition for Fire Fighter Jon Wheeler for assisting two women, who had run out of gas, as he was on his way home from work at Fire Station #7. City Manager Lou Fox made the presentation to Jon Wheeler. Chief Haile), was also present. ( 8.) Murray Hensley, President of Civic Lubbock, Inc., appeared to present the 2004/2005 Civic Lubbock, Inc. budget, for informational purposes. The agreement between the City of Lubbock and Civic Lubbock, Inc. provides that Civic Lubbock, Inc. prepare and present to the City Council a budget for the upcoming year. This budget was not presented for City Council approval, but rather for information and comment. Per the written agreement, Civic Lubbock, Inc. pays a commission to the City on their gross concession sales. In addition, Civic Lubbock reimburses the City for certain fulltime salaries plus benefits associated with the concession and box office operations. On July 24, 2003, an amendment to the agreement was approved by City Council, which reduced the concessions commissions and salary reimbursements for the 2003/2004 fiscal year only. This allowed Civic Lubbock, Inc. to expand their sponsorship programs and their ticketing operation for 2003/2004. The 2004/2005 budget being presented reflects the reinstatement of the commissions paid to the City, as well as the reinstatement of the salary reimbursements at 100%. Key components of the 2004/2005 budget are as follows: • Estimated commissions to be paid to the City are $122,746. The commission reflected a 5% commission on food/soft drink sales, 20% commission on alcohol sales, and 30% commission on beer sales from hockey events. • Civic Lubbock, Inc.'s net revenues from the concession operation are anticipated to be $118,191. • Estimated net revenues from the Select -a -Seat operation are $176,412 and are projected based on anticipated events at all venues for which Select -a -Seat provides services. • This not only includes the Civic Center and Auditorium/Coliseum events, but the United Spirit Arena events, Texas Tech athletic events, and other events held at various venues in and around Lubbock. • General expenditures for the corporation, which include accounting, insurance and other general expenses, are estimated at $65,839. • Net revenue from all Civic Lubbock, Inc. operations will go towards their chartered purpose and includes funding for a local grant program and special events, as well as hosting the Buddy Holly Walk of Fame and Terrace Inductions. The amount budgeted for these activities is estimated to be $71,600. • Civic Lubbock has allocated $9,600 in local grants to assist with 13 various local events, which will be held at the Civic Center or Auditorium/Coliseum. Some of these events include the Lubbock Symphony's Listen Live! Concerts for area school children, Ballet Lubbock's "Nutcracker", Viva Aztlan Celebration, Classical Dance Drama of India and two productions produced by the Texas Tech Music Theatre. 185 Regular City Council Meeting September 16, 2004 Page 186 • In addition, $52,500 has been budgeted for Special Event sponsorships, such as the Broadway Series, Cotton Kings, and ABC Rodeo. • In 2003/2004, Civic Lubbock expanded the Select -a -Seat operation, which included the addition of 19 local and regional ticket outlets and the equipment and software upgrades to allow for the sale of Texas Tech individual athletic tickets. This required a major financial commitment by Civic Lubbock, Inc. and profits generated from this current fiscal year, as well as the next four years, will be used to offset the payments on the promissory note on the project. The "Donation to TTU" line item is the prorated portion of the equipment and software upgrade associated with Select -a -Seat and its outlets selling Texas Tech athletic tickets. FISCAL IMPACT: Beginning with 2004/2005, commissions paid to the City on gross concession sales and salary reimbursements will be reinstated. Commissions are estimated to be $122,746 and salary reimbursements will be approximately $374,000. Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to the community through the promotion or co -promotion of educational, cultural, and entertainment projects and activities in the Civic Center, Auditorium, Coliseum and Civic Center District. They have made significant investments in public art over the last several years, have expanded the Select -a -Seat operation to include 19 additional outlets throughout Lubbock and the region, and are developing ideas for future projects through a strategic planning process. In addition, Civic Lubbock, Inc. contributes to reducing the cost of operations of the Civic Center and Auditorium/Coliseum through the commissions paid to the City. The 2004/2005 budget for Civic Lubbock, Inc. was presented to the City Council for their information and comment. CONSENT AGENDA (Items 9-41, 43-46, 48-49) Motion was made by Council Member Gilbreath, seconded by Council Member Price to approve Items 9-41, 43-46, 48-49 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (9.) Approval of Minutes: August 16, 2004 Regular City Council Meeting (10.) ORDINANCE NO. 2004-00071 (5101 Albany Avenue) —Abandoning and closing a portion of an alley and an LP&L transformer pad easement in the Buster Long Addition to the City of Lubbock (Right -of -Way) (second and final reading). ORDINANCE NO.2004-00071 AN ORDINANCE ABANDONING AND CLOSING AN ALLEY IN THE BUSTER LONG ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND A TRANSFORMER PAD EASEMENT IN LOT 23, BUSTER LONG ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Regular City Council Meeting September 16, 2004 Page187 This ordinance abandons and closes a 403.28-foot long portion of a 20-foot alley just north of 51" Street between Aberdeen Avenue and Albany Avenue and an LP&L transformer pad easement in the northeast corner of Lot 23, Buster Long Addition. This ordinance was read for the first time at the June 29, 2004 City Council meeting as a routine consent agenda item and the final plat is ready to be filed. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the second reading of this ordinance. (11.) ORDINANCE NO.2004-00090—Adding Subsection 21-1 to the Code of Ordinances of the City of Lubbock, Texas, with regard to the recommendations for the naming of locations and facilities at Lake Alan Henry (Community Services) (second and final reading). ORDINANCE NO.2004-00090 AN ORDINANCE ADDING SUBSECTION 21-1 TO THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO RECOMMENDATIONS FOR THE NAMING OF LOCATIONS AND FACILITIES AT LAKE ALAN HENRY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (12.) ORDINANCE NO. 2004-00094—ZONE CASE NO. 1834-D (602 North Englewood Avenue): Consider request of Mark Dickson (for Indivisa Corp.) for a zoning change from R-2 to A-1 on Lot 246, Western Estates Addition (second and final reading). ORDINANCE NO. 2004-00094 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1834-D; A ZONING CHANGE FROM R-2 TO A-1 SPECIFIC USE FOR DUPLEX CONSTRUCTION ON LOT 246, WESTERN ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (13.) ORDINANCE NO. 2004-00095—ZONE CASE NO. 2826-A (south of 85`f' Street and west of Avenue P): Consider request of Jon Cieszinski (for Carl Mortensen) for a zoning change from T, R-2 and C-4 to R-1 Specific Use of 20-foot setbacks, 5-foot front setbacks on cul-de-sac lots and 5-foot side setbacks on corner lots of 48 acres of unplatted land out of Section 9, Block E (second and final reading). ORDINANCE NO. 2004-00095 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2826-A; A ZONING CHANGE FROM T, R-2 AND C-4 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 48 ACRES OF UNPLATTED LAND OUT OF SECTIONS 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 187 Regular City Council Meeting September 16, 2004 Page188 (14.) ORDINANCE NO. 2004-00096—ZONE CASE NO. 2995-A (west of Iola Avenue and north of 79th Street): Consider request of Burl W. Masters (for Bacon Crest Ltd.) for a zoning change from R-2 to R-2 Specific Use for 15-foot front setbacks and 5-foot side setbacks on corner lots of 6.0 acres of unplatted land out of Section 29, Block AK (second and final reading). ORDINANCE NO. 2004-00096 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2995-A; A ZONING CHANGE FROM R-2 TO R-2 SPECIFIC USE FOR REDUCED SETBACKS ON 6.0 ACRES OF UNPLATTED LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) ORDINANCE NO. 2004-00097—ZONE CASE NO. 2913-B (north of 82"d Street and east of Avenue P): Consider request of Chris White for a zone change from R-2 to GO on Lot 89, Winniewood Addition (second and final reading). ORDINANCE NO. 2004-0009",, AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2913-B; A ZONING CHANGE FROM R-2 TO GO ZONING ON LOT 89, WINNIEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 2004-00099 amending Ordinance No. 2001-00109, which defines the guidelines of the Deferred Compensation Plan for City employees, to modify the ordinance to conform to federal law (Human Resources) (first reading). ORDINANCE NO.2004-00099 AN ORDINANCE AMENDING ORDINANCE NO. 2001-00109 OF THE CITY OF LUBBOCK, WHICH ORDINANCE PROVIDED PARTICULARS OF A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES, AND MODIFYING SAID ORDINANCE TO CONFORM TO FEDERAL LAW. The City of Lubbock employee benefit package contains two 457 Deferred Compensation Plans, ING Financial Advisors and ICMA Retirement Corporation. Employees may choose to participate in the 457 plans for retirement benefits, in addition to the TMRS and Firefighter pension. The City of Lubbock does not contribute to the employee accounts or match funds at retirement on the 457 plans. The amendments contained in this Ordinance will bring the City's 457 plan in compliance with IRS regulations. FISCAL IMPACT: None. Staff recommended that Ordinance No. 2001-00109 be amended to conform to changes in Federal Law. Regular City Council Meeting September 16, 2004 Page 1899 of (17,) Ordinance No. 2004-00100 amending Chapter adding the Art leCode IV, Ordinances of the City of Lubbock, Texas, by Sections 9-40 through 9-46 to the Code of Ordinances of the City of Lubbock by providing installation guidelines and requirements for commercial properties of one acre, or less, and providing installation and cost recovery guidelines for electric distribution service for commercial properties of more than one acre; providing a savings clause and providing for publication (LP&L) (first reading). ORDINANCE NO.2004-00100 AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING ARTICLE IV, SECTIONS 9-40 THROUGH 9-46 TO THE CODE OFAORDINANCES OINTHE CITY AND OF LUBBOCK BY PROVIDING REQUIREMENTS for COMMERICIAL PROPERTIES OF ONE (1) ACRE OR LESS AND PROVIDING FOR INSTALLATION DISTRIBUTION D CST SERVICECOVERY GUIDELINES FOR COMMERCIAL FOR ELECTRIC UTILITY PROPERTIES OF MORE THAN ONE (1) ACRE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to provide guidelines and regulations for the installation and cost recovery for electric utilities or municipal owned utilities who install and/or provide electric utility distribution to commercial properties within the corporate limits of the City of Lubbock; such guidelines being based on the size of the commercial lot. FISCAL IMPACT: To recover a portion of monies incurred for the cost of installation of underground service on commercial electrical utilities. City staff recommended approval of this ordinance. (18.) Ordinance No. 2004-00101 amending Chapter 6 of the Code of Ordinances of the City of Lubbock, Texas, by amending Article V, Section 2-256 by providing for an increase in the rated capacity of main panels for service entrances installed by the public utility; providing a savings clause and providing for publication (LP&L) (first: reading). ORDINANCE NO. 2004-00101 CONSIDER AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING ARTICLE V, SECTION 2-256 BY PROVIDING FOR AN INCREASE IN THE RATED CAPACITY OF MAIN PANELS FOR SERVICE ENTRANCES INSTALLED BY THE PUBLIC UTILITY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to provide guidelines and regulations for rating capacity of the main panels for service entrances provided by an electric utility within the corporate limits of the City of Lubbock. This is to be applied to commercial and residential applications when the main size is projected to be over 400 amps; the power company will provide metering of their choice. When under 400 amps, the customer and/or electrical contractor will be required to install equipment compatible to the power company's meter installation for measuring electric consumption. Regular City Council Meeting September 16, 2004 Page190 FISCAL IMPACT: To eliminate costs incurred for installation of electric equipment for specified commercial and residential customers based upon main size. City staff recommended approval of this Ordinance. (19•) Resolution No. 2004-RO422 authorizing the Mayor to execute a street and allev use license with Trinity Church, Inc. for the use of several streets and one alley for an overhead communications cable (7V Street and Canton Avenue to 691h Street and University Avenue) (Right -of -Way). RESOLUTION NO.2004-RO422 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 and Alley Use License for an aerial communications cable, by and between the City of Lubbock and Trinity Church, Inc., 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 16th day of September, 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-R422. Trinity Church is located at the northwest corner of Canton Avenue and South Loop 289 and has requested this street and alley use license. They have an additional facility east of 69`h Street and University Avenue and desire to run an aerial communications cable from the main church building to their University Avenue facility. The cable will start out at 71" Street and Canton Avenue, run north to the east -west alley south of 69`h Street, turn east to University Avenue along the south side of the alley, northward to 691h Street, and then east across University Avenue. The total length of this route they have chosen is 2,149.67 feet. The Right -of -Way Department has valued this license at $00.75 per linear foot from adjacent land values in this neighborhood. Using the street use license formula for aerial encroachments, a value is determined of: 2,149.67 feet X $00.75 = $1,612.25 X 75% X 10% = $120.92 per year. This license will be for twenty years, payable every five years in advance, or $604.59 for each five-year period. 190 Regular City Council Meeting September 16, 2004 Page 191 FISCAL IMPACT: Yearly, income of $120.92 to the City. The Right -of -Way Department recommended approval of this resolution. (20.) Resolution No. 2004-RO423 authorizing the Mayor to execute a street use license to Gary Randall Andrews, Jr. for the use of a portion of 21s' Street for a brick, stone, and wood fence (5202 21st Street) (Right -of -Way). RESOLUTION NO.2004-RO423 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 with associated documents with Gary Randall Andrews, Jr. for a brick, stone and wood fence. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16th day of September, 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 Agreements is filed with Resolution No. 2004-R423. Gary.Andrews, Jr. recently purchased the property at the northwest corner of 21" Street and Slide Road. Along the south side of his property is the recently dedicated 21" Street that runs westward from Slide Road. He desires to build an east -west wood, brick, and stone fence to enclose his back yard area along the north side of 21' Street, just to the south of an existing tree row. In order to build this fence in the north parkway of 21 st Street, he has applied for this street use license. His father owns the property on the south side of 21" Street and in May of 2002 was granted a street use license to construct a similar fence to enclose his back yard. The total area to be occupied by this fence is 1-foot by 209-feet or 209 square feet. The charge for this license will be the $50 minimum per year and the license will be for 20 years, payable every five years in advance for an amount due now of $250. FISCAL IMPACT: Yearly income of $50 to the City. The Right -of -Way Department recommended approval of this resolution. 191 Regular City Council Meeting September 16, 2004 Page 192 (21.) Resolution No. 2004-RO424 authorizing the Mayor to execute Change Order No. 2 to the 2004 Primary Streets Maintenance Contract (Streets). RESOLUTION NO.2004-RO424 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 an on behalf of the City of Lubbock a Change Order No. 2 to the 2004 Primary Streets Maintenance Program Contract, attached herewith, by and between the City of Lubbock and Granite Construction Company, and any associated documents, which Change Order shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein detail. Passed by the City Council this 16th day of September, 2004. /S MAD C MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Change Order is filed with Resolution No. 2004-R424. The anticipated construction of 3'd Street from Avenue M to Avenue P has been delayed due to delays in the construction of water and sewer lines in the same Right -of -Way. The delay will be such that the 2004 Primary Streets Maintenance Program contract with Granite Construction Company will expire before the work can begin. This delay will necessitate the reduction of 2,500 square yards of 6" Black Base from bid item No. 6. This Change Order represents a 3.9% decrease to the 2004 Primary Streets Maintenance Program. The increase would not necessitate the addition or deletion of any working days to the contract. FISCAL IMPACT: A total of $38,000 will be transferred from the fund balance of the 2004 Permanent Street Maintenance Fund to the 2005 Permanent Street Maintenance Fund for this activity. The construction of 3'd Street will take place as part of the 2005 Maintenance Program. Upon approval by the Council, the transfer will be made by Budget Change Request. The Street Department recommended approval of this resolution. 192 Regular City Council Meeting September 16, 2004 Page 193 (22.) Resolution No. 2004-R0425 authorizing the Mayor to execute Amendment No. 2 to the Agreement for Engineering Services with Parkhill, Smith & Cooper, Inc. on the Milwaukee Avenue from 30' to 981h Streets paving project for additional geotechnical engineering services (City Engineer). RESOLUTION NO.2004-R0425 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 No. 2 to the Agreement for Engineering Services between the City of Lubbock and Parkhill, Smith & Cooper, Inc. for the design and construction of Milwaukee Avenue between 34`h Street and 98`h Street. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2004-R425. Amendment No. 2 to the Agreement for Engineering Services with Parkhill, Smith & Cooper is for additional services on the Milwaukee Avenue from 34`h to 981h Streets paving design contract. The additional services include geotechnical engineering work to investigate trench compaction of an existing utility line. The additional compensation added to the Agreement is in the amount of $30,488, bringing the total Agreement "not to exceed" amount to $1,120,553. FISCAL IMPACT: Approval of Amendment No. 2 will bring the total "not to exceed" Agreement amount to $1,120,553 for Engineering Services on this project. A capital project was previously set up for the engineering services on this project in the amount of $1,215,000, so funding is available for this amendment for additional services. Staff recommended approval of this resolution. 193 Regular City Council Meeting September 16, 2004 Page194 (23.) Resolution No. 2004-RO426 authorizing the Mayor to execute an Interlocal Agreement with the Lubbock Independent School District and Lubbock County regarding operation and funding of the Specialized Treatment and Rehabilitation (S.T.A.R.) program for 2004-2005 (Judge Doty). RESOLUTION NO. 2004-RO426 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to -- execute for and on behalf of the City of Lubbock an Interlocal Agreement and any associated documents for Specialized Treatment and Rehabilitation (STAR) between the City of Lubbock, Lubbock County and Lubbock Independent School District, a copy of which Interlocal Agreement is attached hereto which shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Robert Doty Robert Doty, Municipal Judge APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Interlocal Agreement is filed with Resolution No. 2004-R426. S.T.A.R. is a cooperative venture between the Lubbock Independent School District (LISD), Lubbock County, and the City of Lubbock that addresses the needs of school children, ages 11-16, who have engaged in conduct generally described as delinquent. The program combines educational components with regimented discipline and probation supervision. FISCAL IMPACT: Annual cost (the City of Lubbock's portion) is $114,000. An amount in excess of that figure has been included in the budget of Municipal Court for the 2004-05 fiscal year. Municipal Court has committed to insure that revenues are sufficient to provide the funds necessary to cover this expenditure. Staff recommended approval of this resolution. (24.) Resolution No. 2004-RO427 authorizing the Mayor to officially adopt the National Interagency Incident Management System -Incident Command System, as the standard command and control system during emergency operations, for the City of Lubbock (Fire Department). 194 Regular City Council Meeting September 16, 2004 Page195 RESOLUTION NO.2004-RO427 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 adopt for and on behalf of the City of Lubbock the National Interagency Incident Management System — Incident Command System, as the standard command and control system during emergency operations. Documents incorporating this system are 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 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney Documents are filed with Resolution No. 2004-R0427. As part of the Homeland Security Presidential Directive 5, all State and local organizations are required to "establish a single comprehensive approach to domestic incident management". The National Interagency Incident Management System —Incident Command (NIMS) is the recommended incident management system. All State and local organizations must adopt the NIMS by October 1, 2004„ to receive Federal preparedness assistance (through grants, contracts and other activities) The :Lubbock Fire Department training division has been working with area agencies and City departments since the first of the year, in training for this initiative. FISCAL IMPACT: This initiative should improve our record documentation, which in turn will allow us to receive reimbursement of expended funds, in the event of a declared disaster. Staff recommended approval of this resolution. (25.) Resolution No. 2004-R authorizing the Mayor to execute the necessary FY 2004-05 contract for renewal of the leasing of library books with Baker and Taylor, Inc. of Charlotte, North Carolina (Library). This item was deleted. 195 Regular City Council Meeting September 16, 2004 Page196 (26.) Resolution No. 2004-RO428 authorizing the Mayor to execute a Loan Agreement from the Economic Development Funds Program, and all related documents, between the City of Lubbock and Ms. Leslie Everson d/b/a Dressin' Divas (Community Development). RESOLUTION NO.2004-RO428 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 Loan Agreement, by and between the City of Lubbock and Ms. Leslie Everson d.b.a. Dressin' Divas from the Economic Development Funds Program 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 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Linda L. Chamales for Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0428. The Economic Development Sub -committee of the Community Development Services Board (CDSB) met and approved a packet submitted by Ms. Leslie Everson. The Sub -committee approved a loan for $40,000. The retail business will be located at 6816 Slide Road #3. Funds will be used for inventory, fixtures, and working capital. The Economic Development Funds Program was established during a previous allocation of Community Development Block Grant (CDBG) funds. The purpose of the program is to provide needed capital for area businesses, at a reduced interest rate. By agreeing to the terms of this loan, the business owner accepts his/her responsibility of retaining or creating one job for every $35,000 borrowed. In this case, Ms. Everson will be required to create two full-time equivalent positions. These jobs must be made available to persons of low -to -moderate income. The promissory note was provided in council backup. FISCAL IMPACT: There is no fiscal impact on the General Fund involved with the approval or funding of this Economic Development Fund loan. The funds in question are from the FY 02-03 and FY 03-04 allocations that have 196 Regular City Council Meeting September 16, 2004 Page 197 already been approved by City Council. As the loan payments are collected, the funds will be treated as Program Income and will eventually be allocated to another CDBG project. Community Development recommended approval of this resolution. (27.) Resolution No. 2004-RO429 authorizing the Mayor to execute a Loan Agreement from the Economic Development Funds Program, and all related documents, between the City of Lubbock and Mr. Leric Eaton d/b/a Express Moving Services (Community Development). RESOLUTION NO.2004-RO429 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is herby authorized and directed to execute for and on behalf of the City of Lubbock, a Loan Agreement, by and between the City of Lubbock and Mr. Leric Eaton d.b.a. Express Moving Services from the Economic Development Funds Program 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 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Linda L. Chamales for Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R429. The Economic Development Sub -committee of the Community Development Services Board (CDSB) met and approved a packet submitted by Mr. Leric Eaton. The Sub -committee approved a loan for $40,000. The moving business will be based at 2620 Madison Avenue. Funds will be used to purchase a truck, supplies, and for working capital. The Economic Development Funds Program was established during a previous allocation of Community Development Block Grant (CDBG) funds. The purpose of the program is to provide needed capital for area businesses, at a reduced interest rate. By agreeing to the terms of this loan, the business owner accepts his/her responsibility of retaining or creating one job for every $35,000 borrowed. In this case, Mr. and Mrs. Eaton will be required to create two full-time equivalent positions. These jobs must be made available to persons of low -to -moderate income. The promissory note was provided in council backup. 197 Regular City Council Meeting September 16, 2004 Page198 FISCAL IMPACT: There is no fiscal impact on the General Fund involved with the approval or funding of this Economic Development Fund loan. The funds in question are from the FY 02-03 and FY 03-04 allocations that have already been approved by City Council. As the loan payments are collected, the funds will be treated as Program Income and will eventually be allocated to another CDBG project. Community Development recommended approval of this resolution. (28.) Resolution No. 2004-RO430 authorizing the Mayor to execute a Community Development Funding Contract from the Community Development Block Grant, and all related documents, between the City of Lubbock and the Young Women's Christian Association of Lubbock (YWCA of Lubbock) (Community Development). RESOLUTION NO.2004-RO430 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the Young Women's Christian Association of Lubbock (YWCA of Lubbock) from the Community Development Funds Program and all 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 16th day of September, 2004. /S MARC MCDO U GAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Linda L. Chamales for Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R430. Grantee: Young Women's Christian Association of Lubbock Program: Sun `N Fun Recreation Center Project Funding Source: 2003-2004 Community Development Block Grant Use of Funds: This program will provide funds to partially fund the architectural services required for the construction of the Fun `N Sun Recreation Center, which will be located at 6204 Elgin Avenue. 198 Regular City Council Meeting September 16, 2004 Page 199 Amount: $20,000 Match: 25% Return of Investment: 25% of grant funds used will be paid back. Grantee will have the option of paying back in one lump sum 30-days after completion of the project or equal payments for up to ten years with no interest charged. Terms: September 16, 2004 through September 30, 2005 Comments: Funding for this contract was approved by City Council at the April 22, 2004 City Council meeting during their annual reallocation of CDBG funds. The contract is available for review in the City Secretary's Office. FISCAL IMPACT There is no fiscal impact on the General Fund involved with this project or contract. The funds used are Federal funds from the Community Development Block Grant. The maximum to be allocated to this project is $20,000. If the project runs over budget, neither Federal funds nor funds from the General Fund will be impacted. As the Return of Investment is collected, the funds will be designated as Program Income and will be allocated to other Community Development projects. Community Development recommended approval of this resolution. (29.) Resolution No. 2004-R0431 setting a date and time to hold a public hearing for a proposed amendment to Urban Renewal Plan Area Number 28, Posey Lakeside East Association Neighborhood to revise the existing Urban Renewal Land Use from Commercial -Multi - Family to Single Family Residential (R-1) at 1811 Spruce Avenue, designated as Parcel 808850-0-10, legally described as Lot A, Spruce Addition and 1812 Spruce Avenue, designated as Parcel 808850-0-20, legally described as Lot B, Spruce Addition (Community Development). RESOLUTION NO.2004-R0431 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby authorize the date and time to hold a public hearing for a proposed amendment to URBAN RENEWAL PLAN AREA NUMBER 28 known as the POSEY LAKESIDE EAST ASSOCIATION NEIGHBORHOOD from the existing Urban Renewal Land Use of Commercial -Multi - Family to Residential (R-1) as set forth in Exhibit "A" which is 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 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 199 Regular City Council Meeting September 16, 2004 Page 200 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of Exhibit "A" is filed with Resolution No. 2004-R431. These are the only two Urban Renewal -owned vacant lots remaining unsold under Urban Renewal Plan Area Number 28. The bid proposal for a new single-family residence on Parcel 808850-0-10 at 1811 Spruce Avenue was approved on June 15, 2004 by the Urban Renewal Board of Commissioners, subject to approval of the Urban Renewal Land Use Plan being amended from Commercial -Multi -Family to residential (R-1). The City of Lubbock's zoning is R-2 and is acceptable for single-family and duplex development. The City Council initially adopted the Urban Renewal Land Use Plan for this area on November 17, 1977, and later amended the Plan on June 24, 1982. Commercial development is not feasible as these parcels do not front Idalou Road and because they are primarily surrounded by single-family residences. The parcels are also unsuitable for multi -family development due to the size and irregular shape of the parcels. Canyon Lake Six is located south of these parcels. An Urban Renewal Land Use Plan amendment from Commercial -Multi -Family to residential use will be required before the parcel at 1811 Spruce Avenue can be deeded for the development of a single-family home and before the lot at 1812 Spruce Avenue can be marketed for single-family development. No bids have been submitted in the past on these two lots for commercial or multi -family development. On August 17, 2004, the Urban Renewal Board of Commissioners voted to submit the proposed change to the City Council for a public hearing. In accordance with Urban Renewal Law, the Council will be voting to set the date and time of the public hearing. The suggested date and time of the public hearing is October 28th, 2004 at 10:15 A.M., with Publication of Notice scheduled for September 22nd, October 3rd, and October 17`h, 2004. After the public hearing on October 28`h, 2004, the Council will vote on the proposed change. The Community Development staff recommended approval of this resolution. (30.) Resolution No. 2004-RO432 authorizing the Mayor to enter into a Mowing Agreement between the City of Lubbock and the Texas Department of Transportation (Solid Waste). RESOLUTION NO.2004-RO432 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for mowing 200 Regular City Council Meeting September 16, 2004 Page 201 services by and between the City and the Texas Department of Transportation, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R431. The City of Lubbock owns and operates the West Texas Region Disposal Facility (WTRDF) located approximately five miles west of the town of Abernathy, Texas at the intersection of F.M. 2528 and F.M. 597. The main transportation route to the landfill is via F.M. 2528. Currently, the City of Lubbock mows the east side of F.M. 2528 from F.M. 597 to the southern most permit boundary (less than '/z mile). The Texas Department of Transportation (TxDOT) is responsible for mowing the remainder of F.M 2528. Their goal is to mow F.M 2528 two to three times each year during the summer. State and federal solid waste regulations require all municipal solid waste landfills to pick up any litter within the right-of-way along the transportation route(s) to and from the landfill for a distance of two miles. Litter control is a daily operational task performed by landfill personnel. As the vegetation along F.M. 2528 grows taller, it becomes difficult to clean up wind blown waste. When TxDOT mows, hidden waste is shredded, creating an even more unsightly and uncontrollable situation. Recognizing an opportunity to more effectively and efficiently maintain the primary transportation route, the City of Lubbock has asked TxDOT for permission to mow the right-of-way for a distance of two miles from the entrance of the WTRDF along F.M. 2528. TxDOT responded with a written agreement between the City of Lubbock and TxDOT, which requires the Mayor's signature. FISCAL IMPACT: The City will use existing staff to mow two miles of F.M. 2528 at an estimated cost of $65 per event, not expected to exceed $800 year. 201 Regular City Council Meeting September 16, 2004 Page 202 Staff recommended approval of this resolution. (31.) Resolution No. 2004-RO433 authorizing the Mayor to execute Contract No. 51505F7057 with the Texas Department of Transportation (TxDOT) for operating assistance (Citibus). RESOLUTION NO. 2004-RO433 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 State/Local Urban Public Transportation Grant Agreement by and between the City of Lubbock and the Texas Department of Transportation for state financial assistance to be used by Citibus to provide transportaion services, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of September, 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 and Transporation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney/ Office Practice Section A copy of the Agreement is filed with Resolution No. 2004-R433. TxDOT is allocating $819,597 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 2004-2005. The $819,597 is included in the Citibus budget for FY 2004-2005 that has been previously reviewed by City Council. The $819,597 is a reduction from last fiscal year's award of $880,418, due to a revised TxDOT formula. The contract is effective from September 1, 2004, or when fully executed by both parties, and shall terminate on August 31, 2005. FISCAL IMPACT: Acceptance of this grant will result in no additional cost to the City of Lubbock. Citibus recommended approval of this resolution. (32.) Resolution No. 2004-RO434 for the purchase of a GFI fare box revenue collection system upgrade (Citibus). RESOLUTION NO. 2004-RO434 202 Regular City Council Meeting September 16, 2004 Page 203 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 sole source purchase order in the amount of $139,700.00 with GFI Genefare, Incorporated for an upgrade to Citibus' farebox revenue collection system and all 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 Council. Passed by the City Council this 16th day of September, 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 and Transporation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney/ Office Practice Section A copy of the Purchase Order is filed with Resolution No. 2004-R434. This sole source purchase is for an upgrade to Citibus' fare box revenue collection system (GFI). Citibus' current GFI system crashed in May 2004. The system was purchased in 1995 and runs on DOS. The fare box revenue collection system tracks ridership and revenues generated on the fixed route system. It provides a reporting system that allows Citibus to track ridership by route and type of passenger. It also provides a secure revenue collection system on the buses. The upgrade will include new software based on the Windows 2000 platform, a new data computer, and a new top portion for all the fare boxes that will allow them to communicate with the new software. This will be a sole -source procurement, as GFI Genfare, Incorporated is the only company that can supply the upgrade to work with Citibus' current fare box revenue collection system. The parts/equipment are not interchangeable with similar parts of another manufacturer. FISCAL IMPACT: The upgrade to the current fare box revenue collection system will cost $139,700. The upgrade will be purchased using federal capital funds. The Federal Transit Administration will cover 80% of this amount and the remaining 20% will come from this year's Citibus budget. No additional funding will be needed from the City of Lubbock. Citibus received an estimate of $713,612 to replace the entire fare collection system from another vendor. Citibus recommended the approval of a sole -source purchase in the amount of $139,700 to GFI Genfare, Incorporated. (33.) Resolution No. 2004-RO435 authorizing the Mayor to approve an application for a State administered, Federally financed Speed Step Program, with emphasis on speed compliance, targeting reduction in speed related crashes, with reduction in death and serious bodily injury (Police). 203 Regular City Council Meeting September 16, 2004 Page 204 RESOLUTION NO.2004-RO435 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a $49,985 Grant Agreement for the Speed Selective Traffic Enforcement Program, and any associated documents, by and between the City of Lubbock and the Texas Department of Transportation. Said Grant Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney A copy of the Grant Agreement is filed with Resolution No. 2004-R0435. This is a grant program utilizing off -duty personnel working overtime to enforce noncompliance of designated speed limits within targeted areas of the City. FISCAL IMPACT: This enforcement program will be conducted during fiscal 2004/05. Awards for this grant have been set beginning October 1, 2004, or the date of final signature; whichever is later, upon approval of the Lubbock City Council. This is a 50/50 grant in the amount of $99,970 to be administered during the period October 1, 2004 through September 30, 2005. The City's portion ($49,985) has been budgeted for fiscal year 2004/05. The Police Department recommended approval of this resolution. (34.) Resolution No. 2004-RO436 authorizing the approval of a lease agreement between the City of Lubbock and the Federal Aviation Administration for the Outer Marker Site for Lubbock International Airport (Airport). IS] Regular City Council Meeting September 16, 2004 Page 205 RESOLUTION NO.2004-RO436 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with the Federal Aviation Administration for an Outer Marker Site at Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James W. Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2004-R0436. The Federal Aviation Administration has operated a navigational aid called the Outer Marker on 0.12 acres (5,500 square feet) of land inside the City of New Deal for many years. The Outer Marker is one component of an Instrument Landing System (ILS) that provides precision guidance to aircraft approaching the airport from the north. In accordance with federal requirements, the City leases the land for the Outer Marker site from Lubbock County Flower Growers, Inc. and subleases it to the FAA at no cost. The new agreement will begin on October 1, 2004 and continue through September 30, 2014. FISCAL IMPACT: There is no fiscal impact. The Airport Board and staff recommended approval of this resolution. Items 35 and 36 were reopened following Item 52. (35.) Resolution No. 2004-RO437 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and Rick Betenbough and Ron Betenbough for the Milwaukee Avenue paving project from 34`' to 92°d Streets (Planning and Transportation). 205 Regular City Council Meeting September 16, 2004 Page 206 RESOLUTION NO.2004-R0437 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, conditioned upon the execution and delivery of, on or before September 27, 2004, the Development Agreements to the City of Lubbock, in the same form as attached hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P., covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City of Lubbock, a Development Agreement between the City of Lubbock and Rick Betenbough and Ron Betenbough, for the design and construction of Milwaukee Avenue. Said Development 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 16th day of September, 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 Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Development Agreement is filed with Resolution No. 2004-R0437. The City of Lubbock has been working with local Developers on the Milwaukee Avenue paving project, which involves paving Milwaukee Avenue from 34 b to 92°d Streets. Contracting with the Developers with frontage on Milwaukee Avenue will allow the City of Lubbock to complete the project in its entirety and will benefit the City by realizing cost savings due to economies of scale and due to drainage and infrastructure installation, such as storm water, water, sewer, and other utility pipelines. The project will be an economic benefit to the Developers with property fronting Milwaukee Avenue by making their development more viable with this improvement. The project is being engineered by Parkhill, Smith & Cooper. The City of Lubbock has determined an estimate of the cost of the Developer's share of the Milwaukee Avenue project and the development contract requires the Developer to pay in cash or submit an irrevocable letter of credit for the estimated amount by October 1, 2004. The estimated amount is the Developer's share of the total cost of the project, which includes, paving, water, sewer, and storm water, minus % the difference between concrete and asphalt paving. The contract requires the City of Lubbock to furnish the Developer with a description of the land needed for the paving and drainage, water, and sewer construction by February 1, 2005 and the Developer is required to dedicate, at no cost to the City, all land and real property interests necessary for the construction by March 1, 2005. 206 Regular City Council Meeting September 16, 2004 Page 207 The contract stipulates the amount is only an estimate, and that the cost of the Developer's share of the Milwaukee Project could be lesser or greater than -the estimated amount. Subject to the limitation described in the following sentence, the Developer agrees in the contract to pay the actual bid cost. If the actual bid cost is greater than five percent of the estimated amount, the City of Lubbock and the Developer agree to negotiate the costs in excess of the Estimated amount. FISCAL IMPACT: The total cost of the Milwaukee Project is estimated at $17,962,102. The cost to the City of Lubbock for their share of the project is $13,769,726. The project will be funded out of the Gateway Fund. The .Milwaukee Project will benefit both the local Developers with frontage along Milwaukee Avenue and the City of Lubbock by completing the paving of Milwaukee Avenue in a timely manner. Staff recommended approval of this resolution. At this time, motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-RO437 as amended. Motion carried: 6 Yeas, 0 Nays. (36.) Resolution No. 2004-RO438 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and Betenbough Capital, Inc. for the Milwaukee Avenue paving project from 341e to 92"d Streets (Planning and Transportation). RESOLUTION NO.2004-RO438 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, conditioned upon the execution and delivery of, on or before September 27, 2004, the Development Agreements to the City of Lubbock, in the same form as attached hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P., covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City of Lubbock, a Development Agreement between the City of Lubbock and Betenbough Capital, Inc., for the; design and construction of Milwaukee Avenue. Said Development 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 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith f6r Larry Hertel Larry Hertel, City Engineer 207 Regular City Council Meeting September 16, 2004 Page 208 APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Development Agreement is filed with Resolution No. 2004-R0438. The City of Lubbock has been working with local Developers on the Milwaukee paving project, which involves paving Milwaukee Avenue from 34" to 92nd Streets. Contracting with the Developers with frontage on Milwaukee Avenue will allow the City of Lubbock to complete the project in its entirety and will benefit the City by realizing cost savings due to economies of scale and due to drainage and infrastructure installation, such as storm water, water, sewer, and other utility pipelines. The project will be an economic benefit to the Developers with property fronting Milwaukee Avenue by making their development more viable with this improvement. The project is being engineered by Parkhill, Smith & Cooper. The City of Lubbock has determined an estimate of the cost of the Developer's share of the Milwaukee Avenue project and the development contract requires the Developer to pay in cash or submit an irrevocable letter of credit for the estimated amount by October 1, 2004. The estimated amount is the Developer's share of the total cost of the project, which includes, paving, water, sewer, and storm water, minus %2 the difference between concrete and asphalt paving. The contract requires the City of Lubbock to furnish the Developer with a description of the land needed for the paving and drainage, water, and sewer construction by February 1, 2005 and the Developer is required to dedicate, at no cost to the City, all land and real property interests necessary for the construction by March 1, 2005. The contract stipulates the amount is only an estimate, and that the cost of the Developer's share of the Milwaukee Project could be lesser or greater than the estimated amount. Subject to the limitation described in the following sentence, the Developer agrees in the contract to pay the actual bid cost. If the actual bid cost is greater than five percent of the estimated amount, the City of Lubbock and the Developer agree to negotiate the costs in excess of the Estimated amount. FISCAL IMPACT: The total cost of the Milwaukee Project is estimated at $17,41,802. The cost to the City of Lubbock for their share of the project is $13,775,727. The project will be funded out of the Gateway Fund. The Milwaukee Project will benefit both the local Developers with frontage along Milwaukee Avenue and the City of Lubbock by completing the paving of Milwaukee Avenue in a timely manner. Staff recommended approval of this resolution. At this time, motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-RO437 as amended. Motion carried: 6 Yeas, 0 Nays. 1:53 P. M. CITY COUNCIL RECESSED TO WORK SESSION AFTER RECONSIDERATION OF ITEMS 35 AND 36. 208 Regular City Council Meeting September 16, 2004 Page 209 1:59 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 The next item considered was Item 57. (37.) Resolution No. 2004-RO439 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and S and S Commercial Properties LLC for the Milwaukee Avenue paving project from 341h to 92nd Streets (Planning and Transportation). RESOLUTION NO.2004-RO439 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, conditioned upon the execution and delivery of, on or before September 27, 2004, the Development Agreements to the City of Lubbock, in the same form as attached hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P., covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City of Lubbock, a Development Agreement between the City of Lubbock and S & S Commercial Properties, LLC, for the design and construction of Milwaukee Avenue. Said Development 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 16th day of September, 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 Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney The City of Lubbock has been working with local Developers on the Milwaukee paving project, which involves paving Milwaukee Avenue from 341h to 92°d Streets. Contracting with the Developers with frontage on Milwaukee Avenue will allow the City of Lubbock to complete the project in its entirety and will benefit the City by realizing cost savings due to economies of scale and due to drainage and infrastructure installation, such as storm water, water, sewer, and other utility pipelines. The project will be an economic benefit to the Developers with property fronting Milwaukee Avenue by making their development more viable with this improvement. The project is being engineered by Parkhill, Smith & Cooper. The City of Lubbock has determined an estimate of the cost of the Developer's share of the Milwaukee Avenue project and the development contract requires the Developer to pay in cash or submit an irrevocable letter of credit for the estimated amount by October 1, 2004. The estimated amount is the Developer's share of the total cost of the project, which 209 Regular City Council Meeting September 16, 2004 Page 210 includes, paving, water, sewer, and storm water, minus %2 the difference between concrete and asphalt paving. The contract requires the City of Lubbock to furnish the Developer with a description of the land needed for the paving and drainage, water, and sewer construction by February 1, 2005 and the Developer is required to dedicate, at no cost to the City, all land and real property interests necessary for the construction by March 1, 2005. The contract stipulates the amount is only an estimate, and that the cost of the Developer's share of the Milwaukee Project could be lesser or greater than the estimated amount. Subject to the limitation described in the following sentence, the Developer agrees in the contract to pay the actual bid cost. If the actual bid cost is greater than five percent of the estimated amount, the City of Lubbock and the Developer agree to negotiate the costs in excess of the Estimated amount. FISCAL IMPACT: The total cost of the Milwaukee Project is estimated at $17,41,802. The cost to the City of Lubbock for their share of the project is $13,775,727. The project will be funded out of the Gateway Fund. The Milwaukee Project will benefit both the local Developers with frontage along Milwaukee Avenue and the City of Lubbock by completing the paving of Milwaukee Avenue in a timely manner. Staff recommended approval of this resolution. (38.) Resolution No. 2004-RO440 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and Bacon Crest, LTD for the Milwaukee Avenue paving project from 341h to 92nd Streets (Planning and Transportation). RESOLUTION NO.2004-RO440 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, conditioned upon the execution and delivery of, on or before September 27, 2004, the Development Agreements to the City of Lubbock, in the same form as attached hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P., covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City of Lubbock, a Development Agreement between the City of Lubbock and Bacon Crest, LTD, for the design and construction of Milwaukee Avenue. Said Development 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 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 210 Regular City Council Meeting September 16, 2004 Page 211 APPROVED AS TO CONTENT: /s/ R. Keith Smith for Larry Hertel Lang Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Development Agreement is filed with Resolution No. 2004-R0440. The City of Lubbock has been working with local Developers on the Milwaukee paving project, which involves paving Milwaukee Avenue from 30 to 92"d Streets. Contracting with the Developers with frontage on Milwaukee Avenue will allow the City of Lubbock to complete the project in its entirety and will benefit the City by realizing cost savings due to economies of scale and due to drainage and infrastructure installation, such as storm water, water, sewer, and other utility pipelines. The project will be an economic benefit to the Developers with property fronting Milwaukee Avenue by making their development more viable with this improvement. The project is being engineered by Parkhill, Smith & Cooper. The City of Lubbock has determined an estimate of the cost of the Developer's share of the Milwaukee Avenue project and the development contract requires the Developer to pay in cash or submit an irrevocable letter of credit for the estimated amount by October 1, 2004. The estimated amount is the Developer's share of the total cost of the project, which includes, paving, water, sewer, and storm water, minus 1/2 the difference between concrete and asphalt paving. The contract requires the City of Lubbock to furnish the Developer with a description of the land needed for the paving and drainage, water, and sewer construction by February 1, 2005 and the Developer is required to dedicate, at no cost to the City, all land and real property interests necessary for the construction by March 1, 2005. The contract stipulates the amount is only an estimate, and that the cost of the Developer's share of the Milwaukee Project could be lesser or greater than the estimated amount. Subject to the limitation described in the following sentence, the Developer agrees in the contract to pay the actual bid cost. If the actual bid cost is greater than five percent of the estimated amount, the City of Lubbock and the Developer agree to negotiate the costs in excess of the Estimated amount. FISCAL IMPACT: The total cost of the Milwaukee Project is estimated at $17,41,802. The cost to the City of Lubbock for their share of the project is $13,775,727. The project will be funded out of the Gateway Fund. The Milwaukee Project will benefit both the local Developers with frontage along Milwaukee Avenue and the City of Lubbock by completing the paving of Milwaukee Avenue in a timely manner. Staff recommended approval of this item. 211 Regular City Council Meeting September 16, 2004 Page 212 (39.) Resolution No. 2004-RO441 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and Milwaukee, LTD for the Milwaukee Avenue paving project from 341h to 92nd Streets (Planning and Transportation). RESOLUTION NO.2004-RO441 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, conditioned upon the execution and delivery of, on or before September 27, 2004, the Development Agreements to the City of Lubbock, in the same form as attached hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P., covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City of Lubbock, a Development Agreement between the City of Lubbock and Milwaukee, LTD, for the design and construction of Milwaukee Avenue. Said Development 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 16th day of September, 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 Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Development Agreement is filed with Resolution No. 2004-RO441. The City of Lubbock has been working with local Developers on the Milwaukee paving project, which involves paving Milwaukee Avenue from 30 to 92°d Streets. Contracting with the Developers with frontage on Milwaukee Avenue will allow the City of Lubbock to complete the project in its entirety and will benefit the City by realizing cost savings due to economies of scale and due to drainage and infrastructure installation, such as storm water, water, sewer, and other utility pipelines. The project will be an economic benefit to the Developers with property fronting Milwaukee Avenue by making their development more viable with this improvement. The project is being engineered by Parkhill, Smith & Cooper. The City of Lubbock has determined an estimate of the cost of the Developer's share of the Milwaukee Avenue project and the development contract requires the Developer to pay in cash or submit an irrevocable letter of credit for the estimated amount by October 1, 2004. The estimated amount is the Developer's share of the total cost of the project, which includes, paving, water, sewer, and storm water, minus %2 the difference between concrete and asphalt paving. The contract requires the City of 212 Regular City Council. Meeting September 16, 2004 Page 213 Lubbock to furnish the Developer with a description of the land needed for the paving and drainage, water, and sewer construction by February 1, 2005 and the Developer is required to dedicate, at no cost to the City, all land and real property interests necessary for the construction by March 1, 2005. The contract stipulates the amount is only an estimate, and that the cost of the Developer's share of the Milwaukee Project could be lesser or greater than the estimated amount. Subject to the limitation described in the following sentence, the Developer agrees in the contract to pay the actual bid cost. If the actual bid cost is greater than five percent of the estimated amount, the City of Lubbock and the Developer agree to negotiate the costs in excess of the Estimated amount. FISCAL IMPACT: The total cost of the Milwaukee Project is estimated at $17,41,802. The cost to the City of Lubbock for their share of the project is $13,775,727. The project will be funded out of the Gateway Fund. The Milwaukee Project will benefit both the local Developers with frontage along Milwaukee Avenue and the City of Lubbock by completing the paving of Milwaukee Avenue in a timely manner. Staff recommended approval of this resolution. (39A.) Resolution No. 2004-RO442 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and S and S Commercial Properties LLC for the Milwaukee Avenue paving project from 341h to 92nd Streets (Planning and Transportation). RESOLUTION NO.2004-RO442 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, conditioned upon the execution and delivery of, on or before September 27, 2004, the Development Agreements to the City of Lubbock, in the same form as attached hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P., covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City of Lubbock, a Development Agreement between the City of Lubbock and S & S Commercial Properties, LLC, for the design and construction of Milwaukee Avenue. Said Development 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 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza _ Rebecca Garza, City Secretary 213 Regular City Council Meeting September 16, 2004 Page 214 APPROVED AS TO CONTENT: /s/ R. Keith Smith for Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Development Agreement is filed with Resolution No. 2004-R0442. The City of Lubbock has been working with local Developers on the MilwaukeeSaving project, which involves paving Milwaukee Avenue from 34`h to 92 Streets. Contracting with the Developers with frontage on Milwaukee Avenue will allow the City of Lubbock to complete the project in its entirety and will benefit the City by realizing cost savings due to economies of scale and due to drainage and infrastructure installation, such as storm water, water, sewer, and other utility pipelines. The project will be an economic benefit to the Developers with property fronting Milwaukee Avenue by making their development more viable with this improvement. The project is being engineered by Parkhill, Smith & Cooper. The City of Lubbock has determined an estimate of the cost of the Developer's share of the Milwaukee Avenue project and the development contract requires the Developer to pay in cash or submit an irrevocable letter of credit for the estimated amount by October 1, 2004. The estimated amount is the Developer's share of the total cost of the project, which includes, paving, water, sewer, and storm water, minus '/2 the difference between concrete and asphalt paving. The contract requires the City of Lubbock to furnish the Developer with a description of the land needed for the paving and drainage, water, and sewer construction by February 1, 2005 and the Developer is required to dedicate, at no cost to the City, all land and real property interests necessary for the construction by March 1, 2005. The contract stipulates the amount is only an estimate, and that the cost of the Developer's share of the Milwaukee Project could be lesser or greater than the estimated amount. Subject to the limitation described in the following sentence, the Developer agrees in the contract to pay the actual bid cost. If the actual bid cost is greater than five percent of the estimated amount, the City of Lubbock and the Developer agree to negotiate the costs in excess of the Estimated amount. FISCAL IMPACT: The total cost of the Milwaukee Project is estimated at $17,41,802. The cost to the City of Lubbock for their share of the project is $13,775,727. The project will be funded out of the Gateway Fund. The Milwaukee Project will benefit both the local Developers with frontage along Milwaukee Avenue and the City of Lubbock by completing the paving of Milwaukee Avenue in a timely manner. Staff recommended approval of this resolution. 214 Regular City Council Meeting September 16, 2004 Page 215 Resolution No. 2004-RO443 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and Dan A. Day, Inc., General Partner of Day Estates, LTD for the Milwaukee Avenue paving project from 341h to 92nd Streets (Planning and Transportation). (40.) RESOLUTION NO.2004-RO443 BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed, conditioned upon the execution and delivery of, on or before September 27, 2004, the Development Agreements to the City of Lubbock, in the same form as attached hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P., covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City of Lubbock, a Development Agreement between the City of Lubbock and Day Estates, Inc., for the design and construction of Milwaukee Avenue. Said Development 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 16th day of September, 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 Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Development Agreement is filed with Resolution No. 2004-R0443. The City of Lubbock has been working with local Developers on the Milwaukee paving project, which involves paving Milwaukee Avenue from 341h to 92°d Streets. Contracting with the Developers with frontage on Milwaukee Avenue will allow the City of Lubbock to complete the project in its entirety and will benefit the City by realizing cost savings due to economies of scale and due to drainage and infrastructure installation, such as storm water, water, sewer, and other utility pipelines. The project will be an economic benefit to the Developers with property fronting Milwaukee Avenue by making their development more viable with this improvement. The project is being engineered by Parkhill, Smith & Cooper. The City of Lubbock has determined an estimate of the cost of the Developer's share of the Milwaukee Avenue project and the development contract requires the Developer to pay in cash or submit an irrevocable letter of credit for the estimated amount by October 1, 2004. The estimated amount is the Developer's share of the total cost of the project, which a Regular City Council Meeting September 16, 2004 Page 216 includes, paving, water, sewer, and stone water, minus '/z the difference between concrete and asphalt paving. The contract requires the City of Lubbock to furnish the Developer with a description of the land needed for the paving and drainage, water, and sewer construction by February 1, 2005 and the Developer is required to dedicate, at no cost to the City, all land and real property interests necessary for the construction by March 1, 2005. The contract stipulates the amount is only an estimate, and that the cost of the Developer's share of the Milwaukee Project could be lesser or greater than the estimated amount. Subject to the limitation described in the following sentence, the Developer agrees in the contract to pay the actual bid cost. If the actual bid cost is greater than five percent of the estimated amount, the City of Lubbock and the Developer agree to negotiate the costs in excess of the Estimated amount. FISCAL IMPACT: The total cost of the Milwaukee Project is estimated at $17,41,802. The cost to the City of Lubbock for their share of the project is $13,775,727. The project will be funded out of the Gateway Fund. The Milwaukee Project will benefit both the local Developers with frontage along Milwaukee Avenue and the City of Lubbock by completing the paving of Milwaukee Avenue in a timely manner. Staff recommended approval of this resolution. (41.) Resolution No. 2004-R authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and (Hodges) for the Milwaukee Avenue paving project from 34th to 92"d Streets (Planning and Transportation). This item was deleted. (42.) Resolution No. 2004-R authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and Christian City View Fellowship for the Milwaukee Avenue paving project from 341h to 92"d Streets (Planning and Transportation). This item was deleted. (43.) Resolution No. 2004-RO444 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and the Sonny Arnold Trust by Plains Capital Wealth Management Company for the Milwaukee Avenue paving project from 341h to 92"d Streets (Planning and Transportation). RESOLUTION NO.2004-RO444 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, conditioned upon the execution and delivery of, on or before September 27, 2004, the Development Agreements to the City of Lubbock, in the same form as attached hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P., covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City of Lubbock, a Development Agreement between the City of Lubbock and the Sonny Arnold Trust, for the design and construction of Milwaukee Avenue. Said Development 216 Regular City Council Meeting September 16, 2004 Page 217 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 16th day of September, 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 Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City .Attorney A copy of the Development Agreement is filed with Resolution No. 2004-R0444. The City of Lubbock has been working with local Developers on the MilwaukeeSaving project, which involves paving Milwaukee Avenue from 34'h to 92 Streets. Contracting with the Developers with frontage on Milwaukee Avenue will allow the City of Lubbock to complete the project in its entirety and will benefit the City by realizing cost savings due to economies of scale and due to drainage and infrastructure installation, such as storm water, water, sewer, and other utility pipelines. The project will be an economic benefit to the Developers with property fronting Milwaukee Avenue by making their development more viable with this improvement. The project is being engineered by Parkhill, Smith & Cooper. The City of Lubbock has determined an estimate of the cost of the Developer's share of the Milwaukee Avenue project and the development contract requires the Developer to pay in cash or submit an irrevocable letter of credit for the estimated amount by October 1, 2004. The estimated amount is the Developer's share of the total cost of the project, which includes, paving, water, sewer, and storm water, minus %2 the difference between concrete and asphalt paving. The contract requires the City of Lubbock to furnish the Developer with a description of the land needed for the paving and drainage, water, and sewer construction by February 1, 2005 and the Developer is required to dedicate, at no cost to the City, all land and real property interests necessary for the construction by March 1, 2005. The contract stipulates the amount is only an estimate, and that the cost of the Developer's share of the Milwaukee Project could be lesser or greater than the estimated amount. Subject to the limitation described in the following sentence, the Developer agrees in the contract to pay the actual bid cost. If the; actual bid cost is greater than five percent of the estimated amount, the City of Lubbock and the Developer agree to negotiate the costs in excess of the Estimated amount. 217 Regular City Council Meeting September 16, 2004 Page 218 FISCAL IMPACT: The total cost of the Milwaukee Project is estimated at $17,41,802. The cost to the City of Lubbock for their share of the project is $13,775,727. The project will be funded out of the Gateway Fund. The Milwaukee Project will benefit both the local Developers with frontage along Milwaukee Avenue and the City of Lubbock by completing the paving of Milwaukee Avenue in a timely manner. Staff recommended approval of this resolution. (44.) Resolution No. 2004-RO445 - BID #023-04/DC— for Meal Service for Senior Citizen Centers (Parks and Recreation). RESOLUTION NO.2004-RO445 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 meal service for senior citizen centers, by and between the City of Lubbock and Aramark Educational Services, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton Parks and Recreation Director APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0445. The purpose of this bid is to contract a food service provider for the Senior Meal Program. The program provides a hot meal that targets citizens 60 years of age, or older, for a recommended donation of $2 per meal. Meals are required to meet one-third recommended daily allowances as established by the Texas Department of Aging Regulations. The meal menus are developed by a licensed dietician, employed by the South Plains Association of Governments, and meals are then prepared and delivered by the contractor. 218 Regular City Council Meeting September 16, 2004 Page 219 Bids for the senior citizens meal service were submitted by ARAMARK Educational Services, Inc. and the South Plains Food Bank, Inc. Bids were taken on the vended service of 72,000 meals. Unit prices submitted were as follows: - A]tAMARK Educational Services, Inc. - $2.35 per meal - South Plains Food Bank, Inc. - $2.30 per meal This bid was awarded to South Plains Food Bank at the March 23, 2004 City Council meeting and service began on April 3, 2004. On August 2, South. Plains Food Bank notified the City of their intention to terminate the contract citing rising costs of food, labor, gasoline, plastics and paper goods that have contributed to their inability to break even on expenses. Staff now recommended that City Council award the bid for the Senior Meal Program to the second low bidder. One hundred twenty-four local businesses were notified of this Invitation to Bid. FISCAL IMPACT: A total of $169,200 was appropriated and $169,200 is available in project number 84012.8302 (Professional Services) for this purpose. Award contract to Aramark Educational Services, Inc. of Lubbock, Texas for $169,200. (45.) Resolution No. 2004-RO446 - BID #04-130/RS— for 56,000 Pound GVWR Truck Cab and Chassis (Fleet Services). RESOLUTION NO.2004-RO446 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 56,000 pound GVWR truck cab and chassis, by and between the City of Lubbock and Lubbock Truck Sales, Inc. 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 16th day of September, 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 219 Regular City Council Meeting September 16, 2004 Page 220 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Purchase Order is filed with Resolution No. 2004-R0446. This bid is for the purchase of two 56,000-pound GVWR truck cabs and chassis to accommodate refurbished 33 cubic yard side loading packer bodies. This equipment will be used by the Solid Waste Department to pick up trash from dumpsters in alleys. The purpose of this bid is to replace older trucks that have become expensive to maintain due to daily wear and tear. This purchase is also part of an effort to evaluate if refurbishing equipment is a cost effective alternative to purchasing new packer bodies. Bids were solicited for two cabs and chassis with 300 horsepower engines and an alternate bid for two cabs and chassis with 250 horsepower engines. Staff recommended City Council award the alternate bid to Lubbock Truck Sales of Lubbock, Texas for one cab and chassis with a 180-day delivery and one cab and chassis with a one -day delivery. Eight local businesses were notified of this Invitation to Bid. FISCAL IMPACT: A total of $200,000 was appropriated with $200,000 available in Project 90340 (Major Capital Equipment Replacement 2003-2004) for this purpose. Staff recommended bid award to Lubbock Truck Sales, Inc. of Lubbock, Texas for $130,830. (46.) Resolution No. 2004-RO447 - BID #063-041BM—for Laboratory Analysis of Soil Samples — Annual Pricing (Public Works). RESOLUTION NO.2004-RO447 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 laboratory analysis of soil samples -annual pricing, by and between the City of Lubbock and Servi-Tech, Inc. of Dodge City, Kansas, 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 16th day of September, 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 220 Regular City Council Meeting September 16, 2004 Page 221 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract filed with Resolution No. 2004-R0447. This contract is for independent laboratory analysis of soil samples taken at the land application sites for the following constituents: Total Nitrogen, Nitrate-N Ammonia, Phosphorus, Potassium, Sodium, Magnesium, Calcium, SAR, Soluble Salts/EC and pH. Independent laboratory analysis is required by Texas Commission on Environmental Quality in order to comply with Texas Pollutant Discharge Elimination System permit numbers 10353-002 and 13550-01. The contract term is one year with an option to renew annually for up to two additional one-year terms. Four local firms were notified of this Invitation to Bid. FISCAL IMPACT: A total of $17,000 was appropriated with $17,000 available in Account 6421.8302 (Sampling and Monitoring Professional Services) for this purpose. Staff recommended bid award to Servi-Tech, Inc. of Dodge City, Kansas for $1.1,298 annually. (47.) Resolution No. 2004-R Drainage Improvements (Storm Water). This item was deleted. - BID #001-04/VK—for South Lubbock Project Package #1 — Main Trunk Line (48.) Resolution No. 2004-RO448 - RFP #104-04/DC— for Financial Advisory Services (Finance). RESOLUTION NO. 2004-RO448 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 financial advisory services, by and between the City of Lubbock and First Southwest of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 221 Regular City Council Meeting September 16, 2004 Page 222 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2004-R0448. The City's contract with First Southwest Company expires September 30, 2004. Due to the expiration of this contract, the City issued a Request for Proposal from firms that perform financial advisory services. Staff received proposals from the following firms: • Coastal Securities of Houston, Texas — a Houston -based regional securities firm. The firm was founded in 1991 as a broker -dealer focusing on fixed income securities and has been providing financial advisory services to Texas issuers since its inception. • Estrada Hinojosa & Comirany, Inc. of Dallas, Texas — established in 1990. The firm specializes in Public Finance, with particular strength in municipal financial advisory and municipal underwriting services. • First Southwest Company of Lubbock. Texas — founded in 1946 in Dallas, Texas. The primary focus of the firm continues to be delivery and execution of quality financial advisory and underwriting services to state and local governmental entities. • Public Financial Management of Austin, Texas — the nation's leading financial advisory firm, with an established office in Austin, Texas. • RBC Dain Rauscher, Inc. of Houston, Texas — founded in 1909. RBC Dain Rauscher's Fixed Income Banking group, part of the RBC Financial Group, is among the largest fixed income investment banking operations in the United States. • Southwest Securities of Dallas, Texas — founded and based in Dallas, Texas. The largest publicly held full service securities firm based in Texas that is a member of the New York Stock Exchange. A Selection Committee was formed to review and rate the proposals submitted by the firms listed above. The proposals were distributed and the method of evaluation was presented on July 19, 2004. The Committee used the basic evaluation methods in the Evaluation Procedures for Competitive Negotiation for Professional & Non -Professional Services of the City Purchasing Department. The Committee met on July 30, 2004 to discuss and formally make a recommendation for award of this contract. The evaluation criteria in the RFP included: 1) the firm's experience in performing work as described in "Scope of Work", 2) the experience and qualification of the firm's staff who will be actively involved in the performance of this contract, 3) extensive municipal experience, and 4) price. Each Committee member reviewed and rated each proposal. Members submitted their scores after studying each report. Overall, First Southwest Company received the highest score of 96.7% and Southwest Securities was second at 94.2%, followed by the other firms with scores ranging from 87.7% to 92.5%. 222 Regular City Council Meeting September 16, 2004 Page 223 City staff contacted references given by all firms. Out of 17 references, only two negative references were received. The firm receiving the two negative references scored third overall in the Committee's analysis. First Southwest Company received exemplary references. The Selection Committee recommended contract award to First Southwest Company of Lubbock, Texas. For over 55 years, the City of Lubbock has had a positive and productive business relationship with First Southwest Company. The representatives at First Southwest Company have a strong knowledge of the City of Lubbock's operations and financial practices. Reasons for maintaining the relationship with First Southwest Company include: • First Southwest Company has a long history with the City of Lubbock and knows the City of Lubbock's financial history. This leads to better - informed communication with bond raters and underwriters. Their knowledge of key financial events and general practices, as well as economic climate, manifests itself in the efficient process of preparing the official statement -offering document. • First Southwest Company has been very responsive to the City of Lubbock's needs. The City of Lubbock receives superior service in the bond issuance process. First Southwest Company also provides a great deal of financial analysis and "what if' types of scenarios to assist management as they evaluate financing alternatives. One local firm was notified of this Request for Proposal. FISCAL IMPACT: First Southwest charges fees on a "per bond issue" basis. Staff recommended bid award to First Southwest Company of Lubbock, Texas. (49.) Resolution No. 2004-R0449 - RFQ #055-04NK—for Lubbock International Airport Master Plan (Aviation). RESOLUTION NO.2004-R0449 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Engineering Services with Parkhill, Smith, & Cooper, Inc. to update the Master Plan for Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 223 Regular City Council Meeting September 16, 2004 Page 224 APPROVED AS TO CONTENT: /s/ James Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of the Contract is filed with Resolution No. 2004-R0449. One of several mandates that the Federal Aviation Administration makes on all certificated air carrier airports is that the airport operates under the auspices of an approved master plan. Our current plan completed in 1992 is beyond its programmed planning and implementation cycle and is due for an update. Pursuant to the City's procurement process for professional services, an evaluation committee examined and ranked responses from six planning and engineering firms as follows: 1. Parkhill, Smith & Cooper of Lubbock, Texas 90% 2. PB Aviation of Austin, Texas 89% 3. Delta Airport Consultants of Austin, Texas 82% 4. Ricondo and Associates, Inc. 82% of San Antonio, Texas 5. URS Corporation of Dallas, Texas 77% 6. Bucher, Willis and Ratliff 66% of Kansas City, Missouri The Committee recommended Parkhill, Smith & Cooper for this engagement and staff has negotiated an agreement. The agreement provides for public involvement in the planning process, adherence to all applicable FAA orders, Federal Aviation Regulations and Advisory Circulars, especially AC 150/5300-13, an examination of existing conditions and future demand based on forecasts, a financial plan, a capital improvement plan and implementation schedule, and a development plan with alternatives. Forty-two local firms were notified of this Request for Qualifications. FISCAL IMPACT: A total of $500,000 was appropriated with $500,000 available in Project 90159 (New Airport Master Plan) for this purpose. The cost set out in the agreement is not to exceed a lump sum of $500,000. The approved funding is made up of $450,000 of entitlement money from this year's AIP entitlement grant and $50,000 of Passenger Facility Charges (PFC) as approved in our current PFC plan. Staff recommended bid award to Parkhill, Smith & Cooper of Lubbock, Texas for $500,000. The next items considered were Items 50-52. 224 Regular City Council Meeting September 16, 2004 Page 225 ORDINANCES FOR PASSAGE Second Readinp- Items 50-52 were considered following Item 49. (50.) ORDINANCE NO. 2004-00092—ZONE CASE NO. 3000-A (2201-•2223 Main Street south side): Consider request of McDougal Construction for a zoning change from A-2 Specific Use to A-3 Specific Use for four-story condominiums with reduced setbacks and increased height on Lots 1-12, Block 71, Overton Addition. (second and final reading.) ORDINANCE NO. 2004-00092 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3000-A; A ZONING CHANGE FROM A-2 SPECIFIC USE TO A-3 SPECIFIC USE FOR FOUR-STORY CONDOMINUMS ON LOTS 1-12, BLOCK 71, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Gilbreath, seconded by Council Member DeLeon to pass on second and final reading Ordinance No. 2004-•00092 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (51.) ORDINANCE NO. 2004-00093—ZONE CASE NO. 2603-A (2100 block: Main Street, north side between Avenues T and U): Consider request of McDougal Construction for a zoning change from R-2 and GO to A-3 Specific Use for four-story condominiums with reduced setbacks and increased height on Lots 13-24, Block 40, Overton Addition (second and final reading). ORDINANCE NO. 2004-00093 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2603-A; A ZONING CHANGE FROM R-2 AND GO TO A-3 SPECIFIC USE FOR FOUR-STORY CONDOMINUMS ON LOTS 13-24, BLOCK 40, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on second and final reading Ordinance No. 2004-00093 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (52.) ORDINANCE NO. 2004-00098—ZONE CASE NO. 2255-0 (5802 and 5806 641e Street): Consider request of Rodney Warren for a zoning change from GO & GO Specific Use to C-4 Specific Use for a drivem-thru restaurant, on Lot 4, Spur 327 Business Park Addition (second and final reading). ORDINANCE NO. 2004-00098 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-0; A ZONING CHANGE FROM GO AND GO SPECIFIC USE TO C-4 SPECIFIC USE FOR A DRIVE-THRU RESTAURANT ON LOT 4, SPUR 327, :BUSINESS PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO 225 Regular City Council Meeting September 16, 2004 Page 226 CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on second and final reading Ordinance No. 2004-00098 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Mayor Pro Tern Martin voted Nay. At this time, Mayor Pro Tern Martin asked that Items 35 and 36 be reopened. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to reopen Items 35 and 36. Motion carried: 6 Yeas, 0 Nays. At this time, Items 35 and 36 were reopened. 5:01 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tern Tom Martin; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Jim Gilbreath; Council Member Phyllis Jones; Council Member Floyd Price; Lou Fox, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one Item 52A was the first item considered after City Council reconvened at 5:01 P. M. and this item was followed by Items 53-56. (52A.) Resolution No. 2004-RO450 ratifying the City Manager's action terminating the Annual Buddy Holly Symposium License Agreement. RESOLUTION NO.2004-RO450 WHEREAS, the City of Lubbock entered into a License Agreement between the Buddy Holly Center Museum and Maria Elena Holly for use of the Buddy Holly Name in connection with the Buddy Holly Symposium, March 14, 2002; and WHEREAS, the License renews yearly unless either the Licensor or Licensee provides written notice to the other party that it does not wish to renew the License for the following year no later than October 31; and WHEREAS, the City Manager has given notice in a letter dated September 13, 2004, that the City does not wish to renew the License; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock ratifies the action of the City Manager in giving notice to Maria Elena Holly that the City does not wish to renew the License for use of the Buddy Holly Name in connection with the Buddy Holly Symposium for 2005 and thereafter. Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC MCDOUGAL, MAYOR 226 Regular City Council Meeting September 16, 2004 Page 227 ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney, Office Practice Section In September 2001, the Buddy Holly Center collaborated with Texas Tech University, Texas Monthly Magazine, and the Texas Music Office, Office of the Governor to present "Not Fade Away: The Life and Times of Buddy Holly". It was the first academic symposium on the popular culture of the 1950s, which influenced early Rock and Roll and the continuing impact of that music. Music historians and scholars from across the United States participated in a three-day event, which included presentations, lectures, discussions, performances, and concerts at Texas Tech University and the Buddy Holly Center. Because of the success of the 2001 Symposium, on March 4, 2002, the City of Lubbock signed an annual license agreement with Maria Elena Holly for $30,000 to enable the Buddy Holly Center to present an annual Buddy Holly Music Symposium using Buddy Holly's name to promote concerts and events as part of the program. The license agreement will be in effect through February 2009, unless terminated by written notice no later than October 31 in the year prior to the event. The license agreement allows the City of Lubbock to renew the contract annually without having to renegotiate the terms of the agreement each year. If written notice is given to terminate, it will not renew for next year or for any future years. FISCAL IMPACT: History of how license fee was paid: 2001: Market Lubbock 2002: Market Lubbock 2003: Market Lubbock 2004: Hotel/Motel Tax Special Projects Fund 2005: Not budgeted Staff sought Council's direction. Corbin Pemberton, Director of Parks and Recreation, gave comments. He read the following letter from the Entertainment Task Force. "The Entertainment Lubbock Task Force recommends that the City Council ratify the Mayor's decision regarding the License Agreement for a Buddy Holly Symposium. This recommendation is based on an extensive history of unsuccessful negotiations in regard to monetary and control issues of any festival that is in any way connected to this symposium. The annual fee paid to Mrs. Holly was a major issue that could not be resolved through negotiations. In addition to the $30,000 that is paid annually for the Symposium, Mrs. Holly's first demand was for $40,000 227 Regular City Council Meeting September 16, 2004 Page 228 for the added music festival. As you know, the City was willing to offer $20,000 for the music festival. They extended an offer to the City Of Lubbock for $30,000 for the 2004 music festival with higher guaranteed commitments in 2005 and beyond. Furthermore, Mrs. Holly, through her attorneys, required that she approve any festival sponsors. If a sponsor was approved, fifty (50) percent of sponsorship proceeds were to be given to Mrs. Holly in the first year of the agreement. In subsequent years, the sponsorship fees would have to be renegotiated. This seriously damages the ability of the festival organizers to properly fund the event to its fullest capacity. As such, this is unacceptable. Another unreasonable requirement is that the agreement be subject to laws of Indiana. All parties live in Texas, the event is in Texas, and Lubbock is a Home Rule Municipality in the State of Texas. There is no justification for Indiana Law. After months of trying to enhance the Buddy Holly Symposium, negotiations ended when they were not willing to remove their unreasonable demands for control and money. During negotiations and shortly after the negotiations ended, we received several communications from Mrs. Holly's attorneys that threatened litigation if the City Of Lubbock proceeded with a music festival in the same time frame of the symposium. Claiming that the music festival would detract from the symposium and dilute the events, Mrs. Holly's attorneys advised us that they would view Any music -related festival that is held at the same time as the symposium as an intentionally hostile act toward Mrs. Holly Due to this risk of litigation, we would deem it to be an unsound business practice for the City Of Lubbock to enter into any future negotiations with Mrs. Holly for the use of Buddy Holly's name for a symposium or music festival. Any attempt to do so will create further delays in producing a world -class music festival." Mayor McDougal gave comments. He stated to the new council members that this was a subject that in February of 2004, City Council made the decision to hold off on this year's festival and move forward next year with the full-blown event to try to avoid any of the threatened litigation. Mayor McDougal also recognized members of the Task Force who were present. Council Member Boren gave comments. He stated he attended some of the events for the Symposium and enjoyed them. He added that hearing the music made you to proud to be from Lubbock and would like to honor Buddy Holly. He discussed not only recognizing Buddy Holly, but every music act. Many national and international stars have come from Lubbock and West Texas, who also need to be recognized. Council Member Boren stated he had hoped to merge the Buddy Holly Symposium and the Music Festival. However, the estate of Buddy Holly will not cooperate with the City of Lubbock. Motion was made by Council Member Jones, seconded by Mayor Pro Tern Martin to pass Resolution No. 2004-R0450. Motion carried: 7 Yeas, 0 Nays. LAKE ALAN HENRY (53.) Resolution No. 2004-R0451 accepting the Brazos River Authority FY 2005 budget for Lake Alan Henry (Water Utilities). 228 Regular City Council Meeting September 16, 2004 Page 229 RESOLUTION NO. 2004-R0451 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts for and on behalf of the City of Lubbock, the Brazos River Authority FY 2005 Budget for Lake Alan Henry. Said FY 2005 Budget and Brazos River Authority letter of August 12, 2004 are attached as Exhibit "A" and Exhibit `B", respectively, 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 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tom Adams Tom Adams, Deputy City Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of Exhibits "A" and `B" is filed with Resolution No. 2004-R451. On July 28, 2004, the Lake Alan Henry Working Group reviewed the Brazos River Authority FY 2005 budget for Lake Alan Henry. They recommended that three items be addressed and that the budget be placed on the City Council agenda for review and acceptance. The items to be addressed were to clarify that the capital project listed as Security Fence has been modified to include only the construction and installation of security gates on each side of the lake dam, to document that the City of Lubbock will be allowed to use, at its discretion, equipment purchased in this budget, such as backhoes, tractors, and other equipment when not being used by Brazos River Authority personnel, and to change the process of handling year-end overpayments to allow the City of Lubbock to be reimbursed for any overpayment, instead of receiving credits in the next year's billing process. The Brazos River Authority Board of Directors approved the FY 2005 budget for Lake Alan Henry on July 26, 2004. The City of Lubbock will therefore need to accept the budget with the three modifications mentioned above. Brazos River Authority management has already provided a letter to document their support for, and agreement with, all three items. Said letter was attached as Exhibit B to the resolution in council backup. FISCAL IMPACT: The total financial requirement of the City of Lubbock in FY 2005 will be $439,971, as shown on page 6 of the budget document. This is $11,658 more than the approved budget for FY 2004. Funding is provided through the Water Reservoir/Center 6349 budget. 229 Regular City Council Meeting September 16, 2004 Page 230 Upon written request from the City of Lubbock, the Brazos River Authority will provide full reimbursement of $175,000 to the City for Operations and Maintenance Carryover Balance at 8/31/03, as listed on page 5 of the FY 2005 budget. Brazos River Authority management has addressed the recommendations of the Lake Alan Henry Working Group. Staff presented this resolution for consideration. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Boren to pass Resolution No. 2004-RO451 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (53A.) Resolution No. 2004-RO452 stating the intent of the City Council to market raw water from Lake Alan Henry on a long-term lease arrangement, up to and including the full amount permitted by the Texas Commission on Environmental Quality (TCEQ). RESOLUTION NO.2004-RO452 WHEREAS, the City of Lubbock was issued a Permit by the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality, Permit Number 4146 (the "Permit"), authorizing the City of Lubbock to construct a dam and reservoir on the South Fork of the Double Mountain Fork of the Brazos River; and WHEREAS, the reservoir is known as Lake Alan Henry; and WHEREAS, the Permit authorizes the City of Lubbock to divert and use 35,000 acre feet of water per year from Lake Alan Henry for municipal purposes; and WHEREAS, the Permit does not require the City of Lubbock to maintain a minimum conservation or recreation pool of water in Lake Alan Henry; and WHEREAS, it is the City of Lubbock's desire and intent to market, until such time as the City of Lubbock shall need said water for its own municipal water supply purposes, raw water from Lake Alan Henry, up to and including the maximum amount the City of Lubbock is authorized to divert pursuant to the Permit; and WHEREAS, any such sale, conveyance or lease of raw water from Lake Alan Henry may aid the City of Lubbock in acquiring additional supplies of water for its citizens and/or its efforts to reuse its waste water; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock expresses its intent to sell, convey or lease raw water from Lake Alan Henry to governmental entities up to and including the maximum amount permitted under the Permit without regard to any conservation or recreation pool. SECTION 2. THAT any such sale, conveyance or lease of the raw water from Lake Alan Henry shall not occur until the City Council makes express findings (i) that the City of Lubbock will not need such water for its municipal water supply for a period of at least (20) twenty years; and (ii) that the sale, conveyance or lease of the raw water will assist the City of Lubbock in fulfilling its financial obligations. 230 tabular City Council Meeting September 16, 2004 Page 231 Passed by the City Council this 16th day of September, 2004. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lou Fox Lou Fox, City Manager APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney Lake Alan Henry was built as a water supply lake for the City of Lubbock in 1993. The permit allows the diversion of up to 35,000 acre-feet per year. Analysis of the lake water availability by Freese and Nichols, Inc. in 2003 indicates the firm annual is 22,500 acre-feet. FISCAL IMPACT: Sale of water from Lake Alan Henry would generate revenue to offset some costs of the lake. This revenue could be used to improve the City of Lubbock's water supply situation with other projects. Staff sought Council direction. Council Member Gilbreath asked for the purpose of this resolution and why the City of Lubbock needed to do this now. Council Member Boren stated that Lubbock is in negotiations with several cities downstream of Lake Alan Henry. These entities, that will be buying our raw water from us, will be making a substantial investment in pipelines and infrastructure. The City of Lubbock is changing the proposed current level and adding to it, so it can have this additional acre-feet of water. Once we start selling water out of the lake, the lake, by permit, is a scalping lake. Then we will be able to pay our principal and interest payment. With any proceeds above that, we have made a commitment to secure water for Lubbock upstream, up in the Panhandle or other areas that are cost effective for us. This would make it better marketing as we are meeting with the other areas. Council Member Gilbreath asked if this gets us down below the recreation level. City Attorney Burgess stated this is an expression of intention by the Council of a willingness to do so, up to our full permitted amount, which is 35,000 acre-feet. If we preserve down to the recreational area, we would estimate about 16,500 acre-feet, which we would have available for marketing. Motion was made by Council Member Boren, seconded by Mayor Pro Tem :Martin to pass Resolution No. 2004-R0452 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 231 Regular City Council Meeting September 16, 2004 Page 232 (53B.) Resolution No. 2004-R amending Resolution No. 2003-R0017, amending user fees for Lake Alan Henry. This item was deleted. (54.) Resolution No. 2004-R - BID #116-04/RS--for Sam Wahl Recreation Area Comfort Station. This item failed. This project involves the construction of the Sam Wahl Recreational Area Comfort Station at Lake Alan Henry. The Comfort Station will consist of restrooms with showers, a covered picnic shelter, and related fixtures. The project will provide clean, attractive, and sanitary restrooms for park users, while reducing the number of rented portable toilets. Eighty-one local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $2,554,938 was appropriated with $1,401,243 available in Project 9492 (Lake Alan Henry Recreation Area Improvements) for this purpose. Staff recommended bid award to Pharr & Company of Lubbock, Texas for $688,517. Motion was made by Council Member Jones, seconded by Council Member Price to pass Item 54. Council Member Boren stated "It has been my intent since this first came up, that I asked the Council to not vote on these issues to see if we could negotiate and work out our differences with the various parties we had to work with. As you recall, we had issues with Garza and Kent County. We had issues with developers, with lot owners, with Lake Alan Henry Water District Board and before we were to consider these, I asked that we allow the -- a group of us to try to see if we could work through some of these issues. Because what bothered me was that we were getting ready to put in a beginning investment of $1.3m into the Sam Wahl Recreation Area, which would be part of a $17m-$20m total project of the citizens of Lubbock's tax money and I just didn't feel like it would be appropriate to take the citizens' tax dollars and spend it on these kind of issues when we have developers and a few lot owners who have chosen to disregard the rules or regulations of the agreements that were put in place in 1986 when Lubbock bought the land and secured the water for our citizens. The Council agreed with that. Then we had a meeting approximately four weeks ago, where we called all of the various parties in a meeting to discuss our differences. Myself, Councilman Martin and Councilwoman Jones was there and we had all the different parties and we discussed all these issues and we made an effort to work through them. As far as working through the law enforcement component part of having proper law enforcement on Lake Alan Henry, we were able to work through that and we worked with Judge Dalby, the County Judge of Garza County, and T. Mann, Chief Mann, worked with us and we were able to secure our agreement for the future year. And it went very positive and very good. On working with the Lake Alan Henry Water District Board, as you know Mayor, you were in the meeting, I was and I believe Tom Martin was and we went through that meeting and we worked out our differences and I feel like that, we haven't signed any agreement yet, but we pretty much agreed to the issues in principle. 232 Regular City Council Meeting September 16, 2004 Page 233 On the issues of asking the developer Kitten and North Ridge Estates to remove their violation of their dock and of Templeton Mortgage, Lot 45 and for them to drop their lawsuits and to help us with these lawsuits, we have riot been able to come to any agreement. And that being the case, I don't think it's in the citizens of Lubbock's best interest to fund $1.3m into the Sam Wahl Recreation Area. Several reasons would be, one is I believe that if we spent the $1.3m and we put in these amenities, and they are pretty expensive amenities, what we will be doing is enhancing the value of the lake and rewarding bad behavior to a developer and certain lot owners who have chosen to totally disregard our rules, our laws that we have and be flagrant about it and then go to court and sue us and ask for defamatory judgment on the City of Lubbock. And secondly, I think now as we have gotten into this thing and you start really realizing where the money comes come. Realize it comes from the citizens of Lubbock, the ratepayers and the citizens, it comes from our revenue bonds. That means we have to go and sell bonds to take revenue, to get the revenue from to fund these projects and I can tell you folks, that as this Council is studying our needs for Lubbock's future water supply. As we study the plans that we are going to be needing to upgrade, modernize and retrofit to go to streani quality discharge to look at ways of reusing our water that is going to cost our community probably right now a minimum of $50m. And we are going to have to work on that as a major project. So the two reasons, I believe, is that we would be enhancing the developments out there, because we are enhancing the lake and rewarding bad behavior and two, another reason I would ask you to vote against this motion is because we need the money ourselves to take care of a population of 206,000 people that is growing. Currently at Lake Alan Henry, there are 433 lot owners, approximately. Out of those approximate lot owners, 60 of them show Lubbock addresses. Sixty of them show addresses in West Texas and three hundred plus are owned by developers. So you have 60 folks that have Lubbock addresses and I don't know how many of those 60 are Lubbock citizens. I know some of them are not. And on one hand, you have 206,000 Lubbock citizens and with our needs of dealing with our water, our long-term water supply and our long-term water equipment needs. Plus the fact, that revenues will now have to be taken that have been secured through some of the gate fees, where we are going to use those for litigation purposes and to fight legal battles, I don't believe it's in Lubbock's best interest that we — that we support the motion that's on the floor. At this time, I'd like to turn it over to Councilman Martin and let him show the community and show you what some of the issues are that we are dealing with and let you see a visual picture of how these folks have had total disregard for the rules and regulations that they signed on to when they purchased the land. When they bought these lots, when the developer bought these lots from the original landowners, they signed deed restrictions that spelled out what the rules and regulations were. When they sold them, they signed — the lots owners signed the same information. So, they knew what they were buying when they bought it. They knew upfront. But now they have chosen to totally disregard the rules and these regulations. So I don't think that it's in our best interest that we allow this." Mayor Pro Tern Martin showed a series of slides taken in recent days, weeks and months of lots at Lake Alan Henry. They showed what the lot owners have done to the lake area, even though they know the rules and regulations, i.e. the building of a gazebo with which looks like an interstate highway down to the lake, a boat dock installed by a developer. The easement provides that a ramp can be built, but no docks. The slides showed erosion of the soil into the lake, stone steps, which have been built to the water, a boat landing, plus other violations. 233 Regular City Council Meeting September 16, 2004 Page 234 At this time, Council Member Price withdrew his second. Mayor McDougal asked if there was a second to Council Member Jones' motion. Council Member DeLeon seconded the motion. Mayor Pro Tern Martin stated he could not vote to spend the money. Council Member Gilbreath stated he would vote against this item, but for a different reason, which is the allocation of resources. He stated that the issues with property owners are completely different from the comfort station. He asked if the plans were somewhat more grandiose than originally anticipated. Randy Truesdell, Director of Community Services, stated that all along the concept was to build something nice. So that is what was done. At this time, Council Member Jones stated she agreed with protecting the 300-foot easement, protecting the integrity of the water and of the land. She added that on January 1, 2003, Council voted to triple the fees and told the citizens the fees were increased to build comfort stations. She stated she believed Council should do what they told the citizens they were going to do. Mayor Pro Tern Martin stated the fees were not raised to pay for the comfort station. They were to support the maintenance and operation of the recreation center, which prior to that time had been paid for out of the Water Revenue Fund. It was to set up a stream of revenue to make the operation of the recreation center self-supporting. Council Member Jones pulled her motion. Motion was made by Council Member Boren to deny Item 54 — Bid #116-04/RS. Due to the lack of a second, this item failed. Mayor Pro Tem Martin asked that staff be directed to bring back some estimates at the next council meeting or as soon as possible. As restrooms are not being built, maybe Council can use the water bond funds for preliminary engineering to give an idea of what it's going to cost to bring that water back up to Lubbock. (55.) Resolution No. 2004-R - BID #117-04/RS—for Sam Wahl Recreation Area Comfort Station Utilities Package. This item failed. This project involves the construction of a water intake pumping system and a septic system for the Sam Wahl Recreational Area Comfort Station at Lake Alan Henry. The water intake system will consist of a submerged pump unit that will transfer water from Lake Alan Henry to the Comfort Station. The septic system consists of holding tanks and a drain field meeting all Texas Commission on Environmental Quality requirements. Forty-five local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $2,554,938 was appropriated with $1,401,243 available in Project 9492 (Lake Alan Henry Recreation Area Improvements) for this purpose. Staff recommended bid award to L. Howard Construction of Abernathy, Texas for $343,368.38. 234 Regular City Council Meeting September 16, 2004 Page 235 Motion was made by Council Member Jones, seconded by Council Member Price to pass Item 54. Council Member Boren stated "It has been my intent since this first came up, that I asked the Council to not vote on these issues to see if we could negotiate and work out our differences with the various parties we had to work with. As you recall, we had issues with Garza and Kent County. We had issues with developers, with lot owners, with Lake Alan Henry Water District Board and before we were to consider these, I asked that we allow the -- a group of us to try to see if we could work through some of these issues. Because what bothered me was that we were getting ready to put in a beginning investment of $1.3m into the Sam Wahl Recreation Area, which would be part of a $17m-$20m total project of the citizens of Lubbock's tax money and I just didn't feel like it would be appropriate to take the citizens' tax dollars and spend it on these kind of issues when we have developers and a few lot owners who have chosen to disregard the rules or regulations of the agreements that were put in place in 1986 when Lubbock bought the land and secured the water for our citizens. The Council agreed with that. Then we had a meeting approximately four weeks ago, where we called all of the various parties in a meeting to discuss our differences. Myself, Councilman Martin and Councilwoman Jones was there and we had all the different parties and we discussed all these issues and we made an effort to work through them. As far as working through the law enforcement component part of having proper law enforcement on Lake Alan Henry, we were able to work through that and we worked with Judge Dalby, the County Judge of Garza County, and T. Mann, Chief Mann, worked with us and we were able to secure our agreement for the future year. And it went very positive and very good. On working with the Lake Alan Henry Water District Board, as you know Mayor, you were in the meeting, I was and I believe Tom Martin was and we went through that meeting and we worked out our differences and I feel like that, we haven't signed any agreement yet, but we pretty much agreed to the issues in principle. On the issues of asking the developer Kitten and North Ridge Estates to remove their violation of their dock and of Templeton Mortgage, Lot 45 and for them to drop their lawsuits and to help us with these lawsuits, we have not been able to come to any agreement. And that being the case, I don't think it's in the citizens of Lubbock's best interest to fund $1.3m into the Sam Wahl Recreation Area. Several reasons would be, one is I believe that if we spent the $1.3m and we put in these amenities, and they are pretty expensive amenities, what we will be doing is enhancing the value of the lake and rewarding bad behavior to a developer and certain lot owners who have chosen to totally disregard our rules, our laws that we have and be flagrant about it and then go to court and sue us and ask for defamatory judgment on the City of Lubbock. And secondly, I think now as we; have gotten into this thing and you start really realizing where the money comes come. Realize it comes from the citizens of Lubbock, the ratepayers and the citizens, it comes from our revenue bonds. That means we have to go and sell bonds to take revenue, to get the revenue from to fund these projects and I can tell you folks, that as this Council is studying our needs for Lubbock's future water supply. As we study the plans that we are going to be needing to upgrade, modernize and retrofit to go to stream quality discharge to look at ways of reusing our water that is going to cost our community probably right now a minimum of $50m. And we are going to have to work on that as a major project. So the two reasons, I believe, is that we would be enhancing the developments out there, because we are enhancing the lake and rewarding bad behavior and two, another reason I would ask you to vote against this motion is because we need the money ourselves to take care of a population of 206,000 people 235 Regular City Council Meeting September 16, 2004 Page 236 that is growing. Currently at Lake Alan Henry, there are 433 lot owners, approximately. Out of those approximate lot owners, 60 of them show Lubbock addresses. Sixty of them show addresses in West Texas and three hundred plus are owned by developers. So you have 60 folks that have Lubbock addresses and I don't know how many of those 60 are Lubbock citizens. I know some of them are not. And on one hand, you have 206,000 Lubbock citizens and with our needs of dealing with our water, our long-term water supply and our long-term water equipment needs. Plus the fact, that revenues will now have to be taken that have been secured through some of the gate fees, where we are going to use those for litigation purposes and to fight legal battles, I don't believe it's in Lubbock's best interest that we — that we support the motion that's on the floor. At this time, I'd like to turn it over to Councilman Martin and let him show the community and show you what some of the issues are that we are dealing with and let you see a visual picture of how these folks have had total disregard for the rules and regulations that they signed on to when they purchased the land. When they bought these lots, when the developer bought these lots from the original landowners, they signed deed restrictions that spelled out what the rules and regulations were. When they sold them, they signed — the lots owners signed the same information. So, they knew what they were buying when they bought it. They knew upfront. But now they have chosen to totally disregard the rules and these regulations. So I don't think that it's in our best interest that we allow this." Mayor Pro Tern Martin showed a series of slides taken in recent days, weeks and months of lots at Lake Alan Henry. They showed what the lot owners have done to the lake area, even though they know the rules and regulations, i.e. the building of a gazebo with which looks like an interstate highway down to the lake, a boat dock installed by a developer. The easement provides that a ramp can be built, but no docks. The slides showed erosion of the soil into the lake, stone steps, which have been built to the water, a boat landing, plus other violations. At this time, Council Member Price withdrew his second. Mayor McDougal asked if there was a second to Council Member Jones' motion. Council Member DeLeon seconded the motion. Mayor Pro Tern Martin stated he could not vote to spend the money. Council Member Gilbreath stated he would vote against this item, but for a different reason, which is the allocation of resources. He stated that the issues with property owners are completely different from the comfort station. He asked if the plans were somewhat more grandiose than originally anticipated. Randy Truesdell, Director of Community Services, stated that all along the concept was to build something nice. So that is what was done. At this time, Council Member Jones stated she agreed with protecting the 300-foot easement, protecting the integrity of the water and of the land. She added that on January 1, 2003, Council voted to triple the fees and told the citizens the fees were increased to build comfort stations. She stated she believed Council should do what they told the citizens they were going to do. Mayor Pro Tern Martin stated the fees were not raised to pay for the comfort station. They were to support the maintenance and operation of the recreation center, which prior to that time had been paid for out of the 236 Regular City Council Meeting September 16, 2004 Page 237 Water Revenue Fund. It was to set up a stream of revenue to make the operation of the recreation center self-supporting. Council Member Jones pulled her motion. Motion was made by Council Member Boren to deny Item 55 — Bid #117-04/RS. Due to the lack of a second, this item failed. Mayor Pro Tern Martin asked that staff be directed to bring back some estimates at the next council meeting or as soon as possible. As restrooms are not being built, maybe Council can use the water bond funds for preliminary engineering to give an idea of what it's going to cost to bring that water back up to Lubbock. (56.) Resolution No. 2004-R - BID #04-127/RS—for Sam Wahl Recreation Area Comfort Station Packaged Water Treatment Plant. This item failed. This bid is for the purchase of a packaged water treatment plant. The water treatment plant will treat surface water to drinking water standards and provide potable water for the showers, sinks, toilets, and drinking fountains for the Sam Wahl Recreational Area Comfort Station at Lake Alan Henry. The water treatment plant is a skid -mounted packaged treatment plant that will be installed inside the maintenance room of the Comfort Station. The City will provide the water treatment plant and the Comfort Station contractor will install and test the plant. Four local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $2,554,938 was appropriated with $1,401,243 available in Project 9492 (Lake Alan Henry Recreation Area Improvements) for this purpose. Staff recommended bid award to U.S. Filter Wastewater Group, Inc. of Ames, Iowa for $68,085. Motion was made by Council Member Jones, seconded by Council Member Price to pass Item 54. Council Member Boren stated "It has been my intent since this first came up, that I asked the Council to not vote on these issues to see if we could negotiate and work out our differences with the various parties we had to work with. As you recall, we had issues with Garza and Kent County. We had issues with developers, with lot owners, with Lake Alan Henry Water District Board and before we were to consider these, I asked that we allow the -- a group of us to try to see if we could work through some of these issues. Because what bothered me was that we were getting ready to put in a beginning investment of $1.3m into the Sam Wahl Recreation Area, which would be part of a $17m-$20m total project of the citizens of Lubbock's tax money and I just didn't feel like it would be appropriate to take the citizens' tax dollars and spend it on these kind of issues when we have developers and a few lot owners who have chosen to disregard the rules or regulations of the agreements that were put in place in 1986 when Lubbock bought the land and secured the water for our citizens. The Council agreed with that. Then we had a meeting approximately four weeks ago, where we called all of the various parties in a meeting to discuss our differences. Myself, Councilman Martin and Councilwoman 237 Regular City Council Meeting September 16, 2004 Page 238 Jones was there and we had all the different parties and we discussed all these issues and we made an effort to work through them. As far as working through the law enforcement component part of having proper law enforcement on Lake Alan Henry, we were able to work through that and we worked with Judge Dalby, the County Judge of Garza County, and T. Mann, Chief Mann, worked with us and we were able to secure our agreement for the future year. And it went very positive and very good. On working with the Lake Alan Henry Water District Board, as you know Mayor, you were in the meeting, I was and I believe Tom Martin was and we went through that meeting and we worked out our differences and I feel like that, we haven't signed any agreement yet, but we pretty much agreed to the issues in principle. On the issues of asking the developer Kitten and North Ridge Estates to remove their violation of their dock and of Templeton Mortgage, Lot 45 and for them to drop their lawsuits and to help us with these lawsuits, we have not been able to come to any agreement. And that being the case, I don't think it's in the citizens of Lubbock's best interest to fund $1.3m into the Sam Wahl Recreation Area. Several reasons would be, one is I believe that if we spent the $1.3m and we put in these amenities, and they are pretty expensive amenities, what we will be doing is enhancing the value of the lake and rewarding bad behavior to a developer and certain lot owners who have chosen to totally disregard our rules, our laws that we have and be flagrant about it and then go to court and sue us and ask for defamatory judgment on the City of Lubbock. And secondly, I think now as we have gotten into this thing and you start really realizing where the money comes come. Realize it comes from the citizens of Lubbock, the ratepayers and the citizens, it comes from our revenue bonds. That means we have to go and sell bonds to take revenue, to get the revenue from to fund these projects and I can tell you folks, that as this Council is studying our needs for Lubbock's future water supply. As we study the plans that we are going to be needing to upgrade, modernize and retrofit to go to stream quality discharge to look at ways of reusing our water that is going to cost our community probably right now a minimum of $50m. And we are going to have to work on that as a major project. So the two reasons, I believe, is that we would be enhancing the developments out there, because we are enhancing the lake and rewarding bad behavior and two, another reason I would ask you to vote against this motion is because we need the money ourselves to take care of a population of 206,000 people that is growing. Currently at Lake Alan Henry, there are 433 lot owners, approximately. Out of those approximate lot owners, 60 of them show Lubbock addresses. Sixty of them show addresses in West Texas and three hundred plus are owned by developers. So you have 60 folks that have Lubbock addresses and I don't know how many of those 60 are Lubbock citizens. I know some of them are not. And on one hand, you have 206,000 Lubbock citizens and with our needs of dealing with our water, our long-term water supply and our long-term water equipment needs. Plus the fact, that revenues will now have to be taken that have been secured through some of the gate fees, where we are going to use those for litigation purposes and to fight legal battles, I don't believe it's in Lubbock's best interest that we — that we support the motion that's on the floor. At this time, I'd like to turn it over to Councilman Martin and let him show the community and show you what some of the issues are that we are dealing with and let you see a visual picture of how these folks have had total disregard for the rules and regulations that they signed on to when they purchased the land. When they bought these lots, when the developer bought these lots from the original landowners, they signed deed restrictions that spelled out what the rules and regulations were. When they sold them, they signed — the lots owners signed the same information. So, they knew what they were buying when they bought it. They knew 238 Regular City Council Meeting September 16, 2004 Page 239 upfront. But now they have chosen to totally disregard the rules and these regulations. So I don't think that it's in our best interest that we allow this." Mayor Pro Tern Martin showed a series of slides taken in recent days, weeks and months of lots at Lake Alan Henry. They showed what the lot owners have done to the lake area, even though they know the rules and regulations, i.e. the building of a gazebo with which looks like an interstate highway down to the lake, a boat dock installed by a developer. The easement provides that a ramp can be built, but no docks. The slides showed erosion of the soil into the lake, stone steps, which have been built to the water, a boat landing, plus other violations. At this time, Council Member Price withdrew his second. Mayor McDougal asked if there was a second to Council Member Jones' motion. Council Member DeLeon seconded the motion. Mayor Pro Tern Martin stated he could not vote to spend the money. Council Member Gilbreath stated he would vote against this item, but for a different reason, which is the allocation of resources. He stated that the issues. with property owners are completely different from the comfort station. He asked if the plans were somewhat more grandiose than originally anticipated. Randy Truesdell, Director of Community Services, stated that all along the concept was to build something nice. So that is what was done. At this time, Council Member Jones stated she agreed with protecting the 300-foot easement, protecting the integrity of the water and of the land. She added that on January 1, 2003, Council voted to triple the fees and told the citizens the fees were increased to build comfort stations. She stated she believed Council should do what they told the citizens they were going to do. Mayor Pro Tern Martin stated the fees were not raised to pay for the comfort station. They were to support the maintenance and operation of the recreation center, which prior to that time had been paid for out of the Water Revenue Fund. It was to set up a stream of revenue to make the operation of the recreation center self-supporting. Council Member Jones pulled her motion. Motion was made by Council Member Boren to deny Item 54 — Bid #04-127/RS. Due to the lack of a second, this item failed. Mayor Pro Tern Martin asked that staff be directed to bring back some estimates at the next council meeting or as soon as possible. As restrooms are not being built, maybe Council can use the water bond funds for preliminary engineering to give an idea of what it's going to cost to bring that water back up to Lubbock. The next item considered was Item 59. WORK SESSION (57.) Presentation by Market Lubbock, Inc. to update the City Council on current projects. This was the first item considered after City Council reconvened in Work Session at 1:59 P. M. 239 Regular City Council Meeting September 16, 2004 Page 240 Gary Lawrence, President of Market Lubbock, Inc. introduced members of Market Lubbock, who gave the following presentations: Kenny McKay — Business Retention Mark Farmer — Business Recruitment Terry Patterson — Workforce Development Dale Ganaway — Regional Bioscience Initiative Warren Warner — Foreign Trade Zone Jana Godinez — Convention and Visitors Bureau Mayor Pro Tern Martin stated that Mr. Lawrence spends a lot of time assisting established Lubbock businesses to grow and expand and there have been a lot of successes. He asked Mr. Lawrence to comment on how important that is to Lubbock's economic development. Mr. Lawrence stated that roughly 80% of all new jobs are created from within the entity. (58.) Presentation of a brief overview of the Citizen Corps Program. Rosalyn Martinez, South Plains Association of Government Emergency Operations Planner, gave a presentation on the Citizen Corps Program. 2:47 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION The Public Hearings were considered following Item 56. PUBLIC HEARINGS Before the Public Hearings started, Mayor McDougal stated "I know that we have a number of folks that have come to speak on both, first will be for the tax rate and second for the budget. I want to clarify a few things that are in this latest draft of the budget, that I think a couple of them were in the last one, but may have been misworded in the budget. Council, if I miss something -- Library hours were shown in the budget to be cut at Mahon Library and those library hours are not being cut. None of the library hours are being cut. There is in fact about $417,000 in that budget for books, dues, subscriptions and book rentals, is that correct, Lou, roughly the right amount. Second, a Challenger Little League. In our parks budget, there is an additional $250,000 that's being added to that budget. I think when that motion is made, that will include $100,000 for Challenger Little League, $100,000 for softball fields in McKenzie Park for some improvements to be made over there, I'm not sure what all they are. I believe some concessions, restrooms and those types of things. Fifty thousand for playground maintenance throughout the city. In that parks' budget, there were some that were concerned about the parks maintenance. There are already funds in that budget to cover fertilizer. Did I miss anything? I did not mention that to try to keep anybody from speaking. You are welcome to speak, but I just wanted to make sure that folks knew what was added to the budget. Maxey Community Center will remain open." Mayor Pro Tern Martin stated "We were going to designate $10,000 from the Tourism Reserve and the Hotel Motel Fund for possible Amtrak demonstration train, if that comes about some time in this year." 240 Regular City Council Meeting September 16, 2004 Page 241 Council Member DeLeon stated "I just want to add one thing. I just want to add, because of our discussions and the leadership of the Mayor, and I know I've sat with him on a personal basis and have addressed some concerns with the additional funding for police, and I think that after we adopt the budget, I will submit a resolution to that effect. So with that, I'm going to support the $.08 tax rate reduction that the City Council had supported with the budget, plus the tax rate that's been adopted." Council Member Price stated "I was with Linda when we talked about that, and I sat down and talked to the Mayor and all, so we will support the $.08, also. 5:54 P. M. Sneci;al (59.) Hold a public hearing on a proposed property tax rate for FY 2004-2005 for the City of Lubbock. This item was considered following Item 56. A public hearing was posted and notices published as required by state law to allow taxpayers an opportunity to comment on the proposed FY 2004-2005 tax rate. The public hearing was scheduled for 5:00 p.m. on Thursday, September 16, 2004, before the public hearing on the proposed budget. Mayor McDougal opened the public hearing at 5:54 p. in. Those appearing were: Kevin McMahon, Lubbock Chamber of Commerce; Mike]. Ward, SPARTAN; Ysabel Luna; and Rodrigo Neely. Mayor McDougal closed the hearing at 6:08 p. in. A property tax rate decrease is proposed. A decrease of $.086 is proposed decreasing the property tax from $0.5457 to 50.4597 per $100 valuation. - The Chief Appraiser of the Lubbock Central Appraisal District submitted the certified net taxable value of $8,605,424,748. The tax rate is distributed as follows: Debt Service $0.09496 General Fund M&O $0.33474 Economic Development $0.03000 FISCAL IMPACT: 6:09 P. M. Not applicable. The public hearing allowed for citizen comments on the FY 2004-2005 property tax rate. Staff recommended approval of the public hearing. The next item considered was Item 62. Items 60-61 were considered following Item 62 and were the last items considered. (60.) Hold a public hearing on the City of Lubbock's FY 2004-2005 proposed budget. A public hearing was posted and notices published as required by state law to allow taxpayers an opportunity to comment on the proposed FY 2004-2005 budget. The public hearing was scheduled for 5:15 p.m. on Thursday, September 16, 2004, after the public hearing on the proposed tax rate. OZ,31 Regular City Council Meeting September 16, 2004 Page 242 Mayor McDougal opened the public hearing at 6:09 p. m. Those appearing were: Anna Braye, Goodwill; Larry Sargee, TIBH Industries; Mikel Ward, SPARTAN; Jerrienne Drum, Lubbock Youth Softball; Jeff Carrell, South Plains Girls' Fast Pitch Softball; David Canale, Lubbock Challenger Little League; and Lisa Fritz, Lubbock Challenger Little League. Mayor McDougal closed the hearing at 6:31 p. m. A budget was filed with the City Secretary's Office as required by state law and also made available for public review on the City of Lubbock internet web page. The proposed budget complies with all legal requirements and all mandatory notices have been published. Changes proposed to the FY 04-05 Proposed Budget, since the budget was last discussed on August 16, 2004 was provided to council under a separate transmittal from the City Manager. FISCAL IMPACT: Not applicable. The public hearing allowed for citizen comments on the FY 2004-2005 budget. Staff recommended approval of the public hearing. FINANCE (61.) Ordinance No. 2004-00103 approving and adopting a budget for FY 2004-2005 for the City of Lubbock (first reading). This was the first reading of the ordinance adopting the budget for the City of Lubbock for Fiscal Year 2004-2005. The budget ordinance must be considered first, followed by the ordinance on the tax rate. The ordinance will be placed on the Tuesday, September 281h City Council agenda for the second reading and adoption of the budget. FISCAL IMPACT: Not applicable. Staff recommended approval of this ordinance. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2004-00102 as follows: Motion carried: 7 Yeas, 0 Nays. "To adopt the Fiscal Year 2005 operating budget and include $100,000 for the Challenger Little League, $100,000 for the girls' softball improvements, $50,000 for additional playground equipment and repairs and upgrades for our playgrounds, also that we are designating $10,000 to be set aside as part of the Hotel/Motel Reserve for the Caprock Express Project, if it comes to fruition. I believe that these documents reflect the redesignation of $113,00 in the Airport's budget to go to a fund for fixing and rebuilding a new parking lot out there at the Airport. Also as a part of the motion, in the front part of the narrative, that it is reiterated that this Council has had an official goal for over a year to get us to two police officers per thousand population and that the instructions for the last two years, and it's still that way, that the Police Chief is designated that every 242 Regular City Council Meeting September 16, 2004 Page 243 officer he can hire, that if we don't have the money, we'll find it. I think that's been a standing dedication on the part of this Council for two years and I would like to make that part of my motion that we reiterate that for the coming year, also." Mayor McDougal stated, "Also, in that motion, I just want to clarify, and Councilman Martin, you made the motion, so make sure I'm correct. In the books, it states that there is a reduction to Mahon Library by three hours.. Those will be absorbed and there will not be a cut there. Also, it shows the closing of the Maxey Community Center, but that will remain open." Mayor Pro Tern Martin stated, "That's correct, and that is part of my motion." Mayor Pro Tern Martin asked Chief Tom Mann the following: "Chief Mann, one of the other things I'd like to ask in addition to the direction that we've given ya'll the last several years, if you can find more qualified people to hire, we'll get you the money. I believe we also had money, is it in this year's budget, or next year's budget, the coming year's budget, for the additional motorcycle officers to beef up the Traffic Division. Have ya'll made any inroads into that?" Chief Mann stated, "Yes, sir, we have. At revised budget, y'all allowed us to lease four more motorcycles. Two of those are designated for spares. We should be adding the additional two officers to the motorcycle patrol in the very near future. Just for information, we just had a motorcycle school. Nine officers attempted to pass that, and only four did. It's a very tough school. Shortly, we will be increasing the size of our traffic enforcement." Council Member Boren stated that public safety is a big issue with this Council and the word is getting out that we are ready to start hiring and have given the green light. Chief Mann stated "We hired, I think, it was nine over last time. Ya'll allowed us to go ahead and hire over and above what was allocated. The last two years, we've gotten twelve extra officers. I think we've got five designated for the coming year, plus as you said, whatever we can hire, however many. We hope that will be several extra." Council Member DeLeon stated "With that direction, I'd like to get the staff to help me submit a resolution to that effect in the agenda giving you the green light to hire officers. In your opinion, knowing with Texas Tech back, and some of the issues that I have raised recently because of emails that I have received, how many officers do you think we need to take care of what we need to take care of that's not being done, in my opinion, so far?" Chief Mann stated "That's a very tough question to answer, because our activity levels rise and fall and as you know, you can't necessarily have officers to answer every call as soon as it comes in." Council Member Boren stated, "Well, maybe the resolution needs to read that our goal of this Council has been two for one thousand population. So we are shooting for, I guess, four hundred ... so we are short a hundred. They ought to have that in the resolution, if that's our goal." Mayor McDougal stated that at the public hearings he had attended, mowing has come up and Codes had informed him the City was behind by about 200 lots being mowed and only had three contractors. He asked Rob Allison, Manager of Business and Neighborhood Development and Stuart 243 Regular City Council Meeting September 16, 2004 Page 244 Walker, Code Enforcement Supervisor, what it would take to hire more contractors and what was the issue. Mr. Walker stated that it was a resource issue. He stated he had signed two new contractors; however, they are all small independent people. Due to the last two years being dry years, there was not enough work to support them, and they picked up other business and didn't come back to the City for work. Through the word of the meetings, some of the people have heard the need and have come back. Mayor McDougal told Mr. Walker that if it becomes an issue to let Council know and if they need to find the funding, they can. At this time, City Council recessed back to Executive Session. (62.) Ordinance No. 2004-00102 setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for FY 2004-2005 (first reading). This item was considered following Item 59. This is the first reading of the ordinance adopting and levying the tax rate for the City of Lubbock for Fiscal Year 2004-2005. The budget ordinance must be considered first, followed by the ordinance adopting the levying of a tax rate. The ordinance will be placed on the Tuesday, September 28ch City Council agenda for the second reading and adoption of the budget. A property tax rate decrease is proposed. A decrease of .086 is proposed, decreasing the property tax from 0.5457 to 0.4597 per $100 valuation. The Chief Appraiser of the Lubbock Central Appraisal District submitted the certified net taxable value of $8,605,424,748. The tax rate is distributed as follows: Debt Service $0.09496 General Fund M&O $0.33474 Economic Development $0.03000 FISCAL IMPACT: Not applicable. Staff recommended approval of this ordinance. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2004-00103 setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for FY 2004-2005 at $0.4597. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 60-61. 6:45 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room 7:00 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 7:00 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tern Martin adjourned the meeting. 244 Regular City Council Meeting September 16, 2004 Page 245 Read and approved day of -4 elzl' MARC MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary 245