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Home My WebLink AboutMinutes - City Council - Regular - 10/11/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING OCTOBER 11, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the llth day of October, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, Council Member Floyd Price Absent: No one CITIZEN COMMENTS Five citizens expressed comments to the Council. They were: • Sonia Cardenas had requested to speak about drugs and gangs in her neighborhood — the west side in the Dupree Elementary area; however, she was not present. • Four citizens spoke concerning Resolution No. 2004-RO470 - BID #001-04NK— for South Lubbock Drainage Improvements Project Package #1 — Main Trunk Line, which was awarded at the September 28, 2004 City Council Meeting. They were: • Terry Salazar, attorney for Oscar Renda Contracting; • Rudolph J. Renda, Executive Vice President (Co -Owner), Oscar Renda Contracting; • John Beck, President -CEO, Beck Steel Company; and, • Andy Trusevich, attorney for Oscar Renda Contracting. • Neale Pearson spoke concerning Item 47. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation; the purchase, exchange, lease or value of real property; personnel; and competitive matters of the public power utility as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:55 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Cemetery; Electric Utilities; Overton Park; Planning and Transportation; Storm Water; Water Utilities). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Cemetery; Overton Park; Planning and Transportation). (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; Municipal Court Judge) and take appropriate action. Regular City Council Meeting October 11, 2004 Page 304 (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. 9:35 A. M. EXECUTIVE SESSION RECESSED 9:44 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal; 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; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: no one Mayor McDougal called the meeting to order at 9:44 A. M. (5.) Invocation was to be given by Pastor James Roberts, Senior Pastor of Martin Luther King, Jr. Blvd. Seventh Day Adventist Church; however, due to an unexpected conflict, Council Member Price gave the invocation. (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. Council Member DeLeon expressed birthday greetings to Council Member Boren. Council Member Price led in singing "Happy Birthday". CITIZEN APPEARANCES The first item considered was Item 10. (7.) Presentation of a proclamation to declare October 2004 as National Disability Employment Awareness Month in Lubbock. This item was considered following Item 9. October is National Disability Employment Awareness Month. Polls indicate that almost three out of every four individuals with disabilities are not employed. Many of these individuals are eager and able to work. The focus of National Disability Employment Awareness Month is the Department of Labor's efforts to integrate Americans with disabilities into the mainstream of our economy and to highlight the many talents that people with disabilities bring to our workforce. Cheryl Young, on behalf of South Plains Rehabilitation Association (SPRA), expressed appreciation for this proclamation. As a disabled individual, she spoke concerning how important it is to be employed. She stated that this gives a feeling of self-importance and not being totally dependent on someone else's income. The next items to be considered were Consent Items 11-44. Items 8-9 were considered following Item 10. ( 8.) Presentation of a special recognition to Mr. James Teague for outstanding community service. 304 Regular City Council Meeting October 11, 2004 Page 305 Council Members Price and Deleon requested that Mr. Teague be recognized for outstanding volunteer service to citizens in Lubbock that have disabilities, and for all that he has accomplished in his lifetime. Mr. Teague will be receiving a special recognition. Mayor McDougal made the presentation to Mr. Teague for his outstanding community service. Presentation of a special recognition to Larry Best to commemorate his service to the citizens of Lubbock, through his many donations of plants and trees to the Lubbock park system. Larry Best, with TG Trees, has been in the nursery business for 35 years, and he has made numerous contributions to the citizens of Lubbock through his donations of plant materials and trees to the Lubbock park system. He is a member of the Texas Association of Nurserymen and the Plainsmen Nurserymen Association, which later merged with another association. Mr. Best has served in officer positions in these organizations, including President, and is currently the Chairperson for this region. He was one of the first nurserymen in the state to be certified by the Texas Certified Nurseryman program. (9.) Mr. Best has served on the Texas Department of Transportation's Blue Ribbon Committee and on the Smartscape Committee to compile a plant list for the Lubbock area. He has assisted the South Plains Food Bank with their community farm and with their community garden program. He has donated plants and trees for the Bayless -Atkins Neighborhood Association, Lopez Park, the Lubbock Memorial Arboretum, the historic St. Paul's on the Plains Church in Clapp Park, Legacy Play Village, Farmer -Stockman Show, Cattle Baron's Ball, All -Saints Episcopal School, and My Father's House. In addition, he has been active in the U-Can-Share Food Drive, the Lubbock Lion's Club Auction, and the American Cancer Society. Council Member Gary Boren requested this special recognition. Mayor McDougal made the presentation to Mr. Best to commemorate his service to the citizens of Lubbock, through his many donations of plants and trees to the Lubbock park system. The next item considered was Item 7. (10.) Recounition of Emergency Telecommunicators from the Lubbock Emergency Medical Service, the Lubbock Fire Department, and the Lubbock Police Department. This item was considered following Item 6. On September 1, 2004, the Commission on Emergency Communications honored three local 9-1-1 call -takers at the 2004 Conference in Austin. Marcus Bauler, with the Lubbock EMS, was one of eight 9-1-1 call -takers who was awarded the Telecommunicator of the Year award for 2003. This award was given for Marcus' exemplary handling of a specific call for emergency assistance. Consideration for this award was given for his skills and knowledge exhibited in the area of communication and his leadership and ability to respond to an unusual and special circumstance. Marcus answered a 9-1-1 call from a suicidal caller on a cell phone, who refused to give their location. Marcus was able to bring a good ending to this situation. Melissa Orosco with the Lubbock Police Department and Joe Hart with the Lubbock Fire Department were each awarded the Silent Hero Award from their departments. This award recognizes their exceptional professionalism in the field of emergency communications and acknowledges the special contributions they make as telecommunicators, whose daily performance of their duties is an inspiration and example to others. 305 Regular City Council Meeting October 11, 2004 Page 306 City Manager Lou Fox made the presentations to Marcus Bauler, Melissa Orosco and Joe Hart. The next item considered was Item 8. CONSENT AGENDA (Items 12-13, 13B 19, 21-36, 38-42 Motion was made by Council Member Gilbreath, seconded by Council Member Price to approve Items 12-13, 1313-19, 21-36, 38-42 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of Minutes: September 28, 2004 Regular City Council Meeting This item was moved from consent agenda to regular agenda and was considered after City Council reconvened at 11:25 A. M. and following Item 47. Mayor Pro Tern Martin stated "I have one minor correction to make. Only because of the threat of litigation that we had this morning during Citizen Comments, I thought we ought to get this exactly right." Motion was made by Mayor Pro Tern Martin as follows: "On page 22 of the Regular City Council Meeting from September 28, the last paragraph says Motion was made by Mayor Pro Tem Martin as follows: `That after considering the experienced', that needs to be changed to experience, drop the d and put a comma in that place, so that it reads `considering the experience, manpower, equipment and so forth,"' seconded by Council Member Gilbreath to approve Item 11 as corrected. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 13A. (12.) ORDINANCE NO. 2004-00104—Abandoning and closing a temporary garbage collection easement and a temporary water line easement in Section 19, Block E-2, in the City of Lubbock (3202 104`n Street) (second and final reading). ORDINANCE NO. 2004-00104 AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY WATER LINE EASEMENT AND A TEMPORARY GARBAGE COLLECTION EASEMENT LOCATED IN SECTION 19, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a temporary garbage collection easement and a temporary water line easement adjacent to 1041h Street, just east of Geneva Avenue. This ordinance was read for the first time at the September 28, 2004 City Council meeting as a routine consent agenda item. The Right -of -Way Department recommended approval of the second reading of this ordinance. (13.) ORDINANCE NO. 2004-00110—ZONE CASE NO. 3017 (6130 Avenue P): Consider request of Lloyd David Headrick for a zoning change from A-2 to R-1 Specific Use for garden homes on Lot 14, Block 20, Vandelia Village, and to consider ordinance (second and final reading). ORDINANCE NO.2004-00110 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3017; A ZONING CHANGE FROM A-2 TO R-1 SPECIFIC USE FOR GARDEN HOMES ON LOT 14, BLOCK 20, VANDELIA 306 Regular City Council Meeting October 11, 2004 Page 307 VILLAGE, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The next items considered were Items 1311-19. (13A.) Ordinance No. 2004-00114 - an emergency ordinance providing a curfew for juveniles; regulating use of streets at late hours; providing for related matters such as permits, procedures, penalties, construction and continuing evaluation; providing for a savings clause and providing for publication (Police) first and only reading). ORDINANCE NO.2004-00114 AN EMERGENCY ORDINANCE PROVIDING A CURFEW FOR JUVENILES; REGULATING USE OF STREETS AT LATE HOURS; PROVIDING FOR RELATED MATTERS SUCH AS PERMITS, PROCEDURES, PENALTIES, CONSTRUCTION AND CONTINUING EVALUATION; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was moved from consent agenda to regular agenda and was considered following Item 11. Staff requested the reestablishment of a Juvenile Curfew Ordinance. The previous Juvenile Curfew ordinance (No. 9814, Lubbock Code of Ordinances Chapter 18, Article II, Division 3), which had been in place since July 13, 1995, expired after May 31, 2004 in accordance with the Texas Local Government Code, section 370.002. This code requires a review by public hearing of the juvenile curfew ordinance by City Council prior to the third anniversary of the date of adoption. This occurred in 1998 and 2001. The date of review should have been no later than May 31" of this year. However, this was not accomplished. The effect of this has resulted in the expiration of the previous Juvenile Curfew ordinance. Therefore, a new curfew ordinance needs to be voted on by the City Council. Staff submitted the following information regarding the impact of the previous Juvenile Curfew ordinance on the community and juvenile crime in Lubbock, Texas. Statistical Information from Municipal Court under the previous ordinance indicate the following: Curfew Violations for 2001-677 Citations (593 Juveniles+95 Adults) Curfew Violations for 2002-459 Citations (420 Juveniles+39 Adults) Curfew Violations for 2003-511 Citations (467 Juveniles+44 Adults) Curfew Violations for 2004 (to 05/31)-190 Citations (166 Juv.+ 24 Adults) The total number of curfew violations since January 1, 2001 was 1,837. In 1995, the City Council noted an increase in juvenile violence and juvenile crimes in Lubbock, Texas. The Council noted an increase in murder, drive -by shootings, and drug related offenses. The Council further indicated the creation of this ordinance and its enforcement would serve to alleviate some of these incidents through identification and enhanced communication between offenders and parents. The Police Records Section maintains the statistical data on juvenile arrests. Murder Auto Theft 1995.3 Arrests 1995-95 Arrests 2001.0 Arrests 2001-50 Arrests 2002-0 Arrest 2002-24 Arrests 2003-0 Arrests 2003-43 Arrests Robber Criminal. Mischief 1995•-19 Arrests 1995-163 Arrests 2001 •-07 Arrests 2001-079 Arrests 2002--14 Arrests 2002-053 Arrests 2003.18 Arrests 2003-084 Arrests 307 Regular City Council Meeting October 11, 2004 Page 308 Theft Drug Offenses 1995-515 Arrests 1995-015 Arrests 2001-300 Arrests 2001-124 Arrests 2002-254 Arrests 2002-067 Arrests 2003-248 Arrests 2003-092 Arrests The Juvenile Curfew Ordinance has increased public awareness and parental concern. The number of contacts by enforcement of this ordinance is a key indicator of the impact of this ordinance on reported crime. This ordinance compels parental accountability for their child's actions. This ordinance provides the Lubbock Police Department with an effective tool to reduce truancy, possible criminal activity, and other issues. Police Department procedures continue to be refined to further the aggressive enforcement of this ordinance. FISCAL IMPACT: Fines from the issued citations will go to the General Fund as revenue. Staff recommended approval of this ordinance. Council Member Boren returned to the dais. Council Member DeLeon stated she had asked this item to be pulled from Consent Agenda, so that Police Chief Claude Jones could answer some questions and bring some publicity to the ordinance. Chief Jones stated that the Police Department would be able to use the Mobile Operations Vehicle and have officers work out of that; however, there might be problems with using it as a curfew center. The City can utilize officers on the streets and start putting efforts towards areas where there are problems. The ordinance reads: "(a) It shall be unlawful for any person sixteen (16) or less years of age to be or remain in or upon any public place or in or upon any establishment within the City Of Lubbock between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays and nights next preceding school holidays (not including summer vacation) the hours shall be from 12:00 midnight to 6:00 a.m. (b) It shall be unlawful for any person aged six (6) to sixteen (16) years of age, inclusive, to be or remain in or upon any public place or in or upon any establishment within the City of Lubbock between the hours of 9:00 a.m. and 2:30 p.m. on a school day." There are exceptions to the ordinance. Mayor McDougal asked what if a student got out of school at 1:30 p. m. Chief Jones stated if it was permissible to be out of school, that was an exception to the ordinance. There is a provision in the ordinance to also hold parents accountable. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on first and only reading of Ordinance No. 2004 -00114 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 20. Items 1313-19 were considered following Item 13. (13B.) Ordinance No. 2004-00112 determining the necessity of the paving of a certain portion of Milwaukee Avenue from 34th Street to 92°d Street determining the public benefit in participating with the developer of the property abutting the said portion of Milwaukee Avenue, determining engineering and construction costs, determining the maximum amount of the costs of such participation for which the City shall be liable (Street/Drainage Engineering) first and only reading). 9 Regular City Council Meeting October 11, 2004 Page 309 ORDINANCE NO. 2004-00112 AN EMERGENCY ORDINANCE DETERMINING THE NECESSITY OF THE PAVING OF A CERTAIN PORTION OF MILWAUKEE AVENUE FROM 34th STREET TO 92"' STREET DETERMINING THE PUBLIC BENEFIT IN PARTICIPATING WITH THE DEVELOPER OF THE PROPERTY ABUTTING THE SAID PORTION OF MILWAUKEE AVENUE, DETERMINING ENGINEERING AND CONSTRUCTION COSTS, DETERMINING THE MAXIMUM AMOUNT OF THE COSTS OF SUCH PARTICIPATION FOR WHICH THE CITY SHALL BE LIABLE. (14.) Resolution No. 2004-RO482 authorizing the Mayor to execute Contract Change No. 7 to a contract with the Texas Department of State Health Services (DSHS Document No. 7560005906 2005) for Bioterrorism Preparedness, and any associated documents, by and between the City of Lubbock and the Texas Department of State Health Services and to accept a grant for $547,791 and to appropriate $547,791 in the Grant Fund (Health). RESOLUTION NO.2004-RO482 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract Change No. 07 to a Contract with the Texas Department of State Health Services (DSHS Document No. 7560005906 2005) for Bioterrorism Preparedness and any associated documents by and between the City of Lubbock and the Texas Department of State Health Services, a copy of which Contract Change No. 07 and associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza _ Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract Change No. 07 is filed with Resolution No. 2004-R0482. This Texas Department of State Health Services (formerly TDH) contract is continuation grant funding for staff, equipment, supplies and training. This funding is designed to upgrade local public health jurisdictions' preparedness for and response to bioterrorism, outbreaks of infectious disease, and any other public health threats and emergencies. The total amount of $547,791 provides funding for salaries of $278,988 and fringes of $111,935 for eight existing full time positions and one new position, training and travel of $2,000, supplies of $8,000, contractual pharmacist services and equipment maintenance of $15,076, and $131,792 for the new position and development of enhanced laboratory capacity. Starting with the '05 grant cycle, DSHS OPHP is no longer issuing a separate 309 Regular City Council Meeting October 11, 2004 Page 310 specific grant for Lab Bioterrorism Response. Funds allocated to the lab bioterrorism activities are combined into the current Bioterrorism Preparedness grant. The term of this contract is September 1, 2004 thru August 31, 2005. This program will assist Lubbock's efforts in developing a bioterrorism preparedness plan that addresses selected focus areas and the required critical capabilities. The focus areas include preparedness planning and readiness assessment, surveillance and epidemiology capacity, laboratory capacity (biologic agents), communication and information technology/Health Alert Network, communicating about health risks and health information dissemination, and assessment of education and training needs for the community. This is the third funding cycle where federal, state, and local governments have come together with a unified plan to strengthen our public health system and better prepare for possible terrorist attacks. These plans allow for improvement of our health system by providing greater protection and care for our citizens. Bioterrorism Preparedness is one of the essential public health services that no other entity in Lubbock can provide. Bioterrorism preparedness activities are public health efforts that are not targeted health services for the needy or other select groups —they benefit the entire community. FISCAL IMPACT: Full salary and benefits are covered under this grant. No contributions are required from the general fund. Staff recommended approval of this resolution. (15.) Resolution No. 2004-RO483 accepting the offer from Compliance Services Group to terminate a contract for professional engineering services related to site assessment and remediation of former fire training facilities; and authorizing execution of a contract amendment with Enprotec, Inc. to deliver those services (Environmental Compliance). RESOLUTION NO. 2004-RO483 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an AMENDMENT TO CONTRACT BETWEEN THE CITY OF LUBBOCK AND ENPROTEC, INC. FOR ENVIRONMENTAL ENGINEERING SERVICES, and all related documents. Said Amendment is attached hereto as Exhibit "A" and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. FURTHER, the City of Lubbock accepts the termination, effective September 1, 2004, of that certain AGREEMENT FOR ENVIRONMENTAL ENGINEERING SERVICES, by and between the City of Lubbock and Compliance Services Group, Inc., dated on or about November 16, 1995. Said termination letter is attached hereto as Exhibit "B" 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 1 lth day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 310 Regular City Council Meeting October 11, 2004 Page 311 APPROVED AS TO CONTENT: /s/ Dan Dennison Dan Dennison, Environmental Compliance Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, First Assistant City Attorney A copy of Exhibit A and B is filed with Resolution No. 2004-R0483. From 1970 until 1991, the Fire Department used environmental contaminants at the former Fire Training Academy, and the Airport Crash Fire Rescue site. The state environmental agency directed that these sites be evaluated and remediated, when necessary. On November 16, 1995, the Mayor signed a resolution authorizing an environmental engineering services agreement with Compliance Services Group, Inc. (CSG) for investigation and remediation activities. Numerous remediation activities have taken place since that time, as directed by the local office of the state environmental agency, and further activities are being required. On September 1, 2004, CSG informed the City that they no longer have personnel to conduct environmental assessment and remediation and they wish to terminate the contract. In order to respond to a pending directive from the Texas Commission on Environmental Quality, the City needs to promptly contract with a different firm. Enprotec, Inc., has worked on other remediation projects for the City since 1995. They worked on a project where a leaking underground storage tank at Fleet Services co -mingled with the contamination plume at the Fire Training Academy. Enprotec has worked closely with CSG staff on issues relative to the Fire Training Academy and has familiarity with the hydrogeologic conditions of the site. They are the only firm with site -specific experience relative to contaminants at the Fire Training Academy. Their experience allows them to conduct an immediate assessment and to prepare the appropriate response to the recently issued Texas Commission on Environmental Quality directive. Council approval is requested to amend the existing contract with Enprotec to provide for the required specialized services. FISCAL IMPACT: Continuation of existing Capital Project #945-8411; no additional funding is requested. Staff recommended approval of this resolution. (16.) Resolution No. 2004-RO484 authorizing the City Manager, or his designee, to execute a construction contract and associated vendor profile for sewer service to Federal Express, at the Airport (Airport). RESOLUTION NO.2004-RO484 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Construction Contract with Federal Express for construction of a sanitary sewer at Lubbock International Airport, and associated Supplier Profile. Said documents are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 311 Regular City Council Meeting October 11, 2004 Page 312 Passed by the City Council this 11 th day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of said documents is filed with Resolution No. 2004-R0484. The City did not have sewer service available when the Federal Express and Airborne facilities were built at the Airport. Both companies began operations utilizing septic systems. Now that the City has extended the sewer main to the freight -forwarding complex, City ordinances require that they tie onto the system. Both Federal Express and ABX/DHL were given the opportunity to bid out their construction responsibilities but both accepted an offer from the City to build the sewer service and to reimburse the City for that construction. The project will extend about 500 feet of 6-inch sewer pipe in an easterly direction from the sewer main, which is parallel to IH-27. The City will build to a new manhole adjacent to the Federal Express facility. From that point the City will hire a local plumber, based on bids, to complete and test 4-inch service connections to both facilities as required by the plumbing code. The Sewer Department's total estimated cost, including their engineering fee is $20,975. It will be split between both users according to the respective agreements. This agenda item for Federal Express will establish the City as a vendor to provide construction services and authorize Federal Express to make a lump sum payment of $10,325 for their portion of the costs to the City. FISCAL IMPACT: Federal Express will make a lump sum payment of $10,325 for their portion of the costs to the City. The Airport Board and staff recommended approval of this resolution.. (17.) Resolution No. 2004-RO485 authorizing the City Manager, or his designee, to execute a sewer extension agreement between ABX-Lubbock Ltd. (Midway Companies) and the City of Lubbock for sewer service at the Airborne/DHL freight facility at the Airport (Airport). RESOLUTION NO.2004-R0485 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Sewer Extension Agreement with ABX-Lubbock Ltd. (Midway companies) for sewer service at the Airborne/DHL freight facility at Lubbock International Airport. Said Agreement is 312 Regular City Council Meeting October 11, 2004 Page 313 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 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2004-R0485. This item is a companion item to the Federal Express sewer extension agreement. ABX/DHL has opted to select the City's standard agreement and reimburse the City over 36 months. The ABX/DHL reimbursement is slightly more than the Federal Express reimbursement because their service connection is approximately 150 feet farther from the manhole than the Federal Express connection. FISCAL IMPACT: ABX/DHL will reimburse the City $10,650 over 36 months. The Airport Board and staff recommended approval of this resolution. (18.) Resolution No. 2004-RO486 accepting a renewal agreement extending the term of a lease agreement between the City of Lubbock and WWC Texas RSA Limited Partnership to lease City property located at 50th Street and Joliet Avenue and establishing a new rental amount (Public Works). RESOLUTION NO. 2004-RO486 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 Extension of Lease Agreement and any associated documents for the right to construct and maintain radio antennas and appurtenances thereto on property owned by the City of Lubbock by WWC Texas RSA Limited Partnership, which said Extension of Lease Agreement is attached hereto and which shall constitute and be a part hereof as if fully copied herein in detail. 313 Regular City Council Meeting October 11, 2004 Page 314 Passed by the City Council this 11 th day of October, 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 Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Extension of Lease Agreement is filed with Resolution No. 2004-R0486. The current lease agreement allows WWC Texas RSA Limited Partnership the right to place cellular communications equipment on a City owned elevated water storage tower located at 50`h Street and Joliet Avenue for an annual rental fee of $7,500. The lease agreement is for a period of five years beginning December 9, 1999 and ending December 8, 2004. Western Wireless has requested the extension of the lease for a period of five years, as provided in the current contract. Acceptance of the resolution will extend the terms of the lease agreement for a period of five years beginning December 9, 2004 and ending December 8, 2009 for an annual rental fee of $9,000. FISCAL IMPACT: Conditions of the current contract state that if the lease period is extended, "the annual rent shall increase on the first day of the renewal term by twenty percent". Western Wireless will pay the City of Lubbock an annual rent of $9,000, beginning December 9, 2004, for a period of five years. Staff recommended approval of this resolution. (19.) Resolution No. 2004-RO487 authorizing acceptance of water improvements for Lots 1-A and 1-13 — 65, Redeer Addition to the City of Lubbock, Lubbock County, Texas, between 19ih and 201h Streets, and Memphis and Miami Avenues (Public Works). RESOLUTION NO.2004-RO487 A RESOLUTION ACCEPTING LOTS 1-A & 1-B, REDEER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1-A & 1-B, Redeer Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $6,265.50 with the improvements constructed by L. Howard Construction, having a value of $6,090.50 as determined by the unit prices established by said Chapter 28, and $175.00 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Ron Childress, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and 314 Regular City Council Meeting October 11, 2004 Page 315 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said. Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin, Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Senior City Attorney This is a routine acceptance of water improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $6,265.50 and has a value of $6,090.50 as determined by the unit prices established by said Chapter 28, Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $175 and includes $0 as adjacent mains. The developer, Ron Childress, will receive a refund of $0 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between 19th and 20th Streets, and between Memphis and Miami Avenues. FISCAL IMPACT: This a routine transfer of ownership of water lines installed in a new subdivision, from the Developer to the City of Lubbock. The value of the system is added to the City of Lubbock, and there are no expenditures involved in accepting the ownership. The system, when accepted, will produce revenue for the City of Lubbock by sale of water services to the public. Staff recommended approval of this resolution. The next items considered were Items 21-36. (20.) Resolution No. 2004-R0509 authorizing the Mayor to execute an inter:local agreement for cooperative purchasing with Tarrant County, Texas (Purchasing). 315 Regular City Council Meeting October 11, 2004 Page 316 RESOLUTION NO.2004-R0509 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 Interlocal Agreement, by and between the City of Lubbock and Tarrant County, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 11 th day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0509. This item was moved from consent agenda to regular agenda and was considered following Item 13A. Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some, or all, of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. VTCA Government Code Chapter 791 — Interlocal Cooperation Act allows local governments to contract with and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. The City of Lubbock and Tarrant County wish to cooperate on select governmental purchases in order to achieve economies of scale and reduced prices for certain commodities used by both governmental entities. The initial purchase will be for light bars for Lubbock Police Department vehicles. The period of this Interlocal Agreement will be in effect from the date of execution until terminated by either party to the agreement. FISCAL IMPACT: Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: 1. Lower costs through increased volume. 2. Lower (shared) administrative costs. 3. Improved response from vendors. 4. Shared experience leading to better product specification. 316 Regular City Council Meeting October 11, 2004 Page 317 5. Better compliance with state statutes on purchasing. Staff recommended approval of this resolution. Council Member Boren stated that he did not want to put the Lubbock businesses at risk by pooling with a major population county, which could bump the local businesses from being considered or going after city purchases. He asked Victor Kilman, Purchasing Agent, to explain whether pooling helps our community businesses or not. He asked that the Purchasing Department be very sensitive to these community businesses and allow them to participate in the City government. Mr. Kilman stated that the City of Lubbock could save the taxpayers approximately $30,000 by pooling with Tarrant County. Also, there is a 3% - 5% price increase coming up shortly, which will save the City another $3,000 - $5,000. City Manager Lou Fox asked Mr. Kilman to mention the considerable amount of business done locally. Mr. Kilman stated that in terms of dollars, when local businesses compete with out-of-town businesses, we spend approximately 89% of City tax dollars with local businesses. Motion was made by Council Member Price, seconded by Mayor Pro Tern Martin to pass Resolution No. 2004-RO509 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 37. Items 21-36 were considered following Item 19. (21.) Resolution No. 2004-RO488 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and Link Ministries, Inc. from the Community Development Block Grant (Community Development). RESOLUTION NO.2004-RO488 v 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 Link Ministries, Inc. from the Community Development Block Grant 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 1 lth day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: `T /s/ Nancy Haney Nancy Haney Community Development Director 317 Regular City Council Meeting October 11, 2004 Page 318 APPROVED AS TO FORM: /s/ Amv Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0488. Grantee: Link Ministries, Inc. Program: Gateway Village Cafe Project (a soup kitchen) Funding Source: 2003-2004 Community Development Block Grant Use of Funds: This program will provide funding to allow for the construction of the Gateway Village Cafe that will be located at Avenue A and 191h Street. Amount: $75,000 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: October 11, 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 $75,000. 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 the approval of this resolution authorizing the Mayor to execute this Contract. (22.) Resolution No. 2004-RO489 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Community in Schools from the Community Development Block Grant (Community Development). RESOLUTION NO.2004-RO489 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 Community Development Funding Contract, by and between the City of Lubbock and the Community in Schools for the Path to Expansion Program from the Community Development Block Grant 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. 318 Regular City Council Meeting October 11, 2004 Page 319 Passed by the City Council this 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Hanel_ Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant. City Attorney A copy of the Contract is filed with Resolution No. 2004-R0489. Grantee: Community in Schools Proram: Path to Expansion Funding Source: 2004-2005 Community Development Block Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used for administrative personnel and promotion of the year-round, in -school prevention and intervention program to help at -risk students with academics, behavior, and attendance. Amount: $15,750 Match: 25% Return of Investment: Not required for Community Development Public Service. Terms: October 1, 2004 through September 30, 2005 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended the approval of this resolution. (23.) Resolution No. 2004-RO490 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Lubbock Boys and Girls Clubs (Summer Day Camps) from the Community Development Block Grant (Community Development). RESOLUTION NO.2004-RO490 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 Community Development Funding Contract, by and between the City of Lubbock and the Lubbock Boys and Girls Clubs (Summer Day Camps) from the Community Development Block Grant Program and all related documents. Said contract is attached hereto and incorporated in this 319 Regular City Council Meeting October 11, 2004 Page 320 resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ NancHaney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0490. Grantee: Lubbock Boys and Girls Clubs Program: Summer Day Camps Fundiniz Source: 2004-2005 Community Development Block Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used to allow income eligible youths to participate in summer camps providing safe supervised activities at two branches (Optimist, Phea). Amount: $19,350 Match: 25% Return of Investment: Not required for Community Development Public Service. Terms: October 1, 2004 through September 30, 2005 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended the approval of this resolution. (24.) Resolution No. 2004-RO491 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Lubbock Area Coalition for Literacy from the Community Development Block Grant (Community Development). RESOLUTION NO.2004-RO491 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 Community Development Funding Contract, by and between the City of Lubbock and the Lubbock Area Coalition 320 Regular City Council Meeting October 11, 2004 Page 321 for Literacy for the Literacy Outreach Program from the Community Development Block Grant 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 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy aney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0491. Grantee: Coalition for Literacy Program: Literacy Outreach Funding Source: 2004-2005 Community Development Block Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used to provide instruction to low -moderate income persons needing assistance with the written or verbal English language. Amount: $900 Match: 25% Return of Investment: Not required for Community Development Public Service. Terms: October 1, 2004 through September 30, 2005 Comments: Funding for this Contract was approved by City Council at the June 9 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended the approval of this resolution. (25.) Resolution No. 2004-RO492 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and Worksource from the Community Development Block Grant (Community Development). RESOLUTION NO.2004-RO492 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 Community Development Funding Contract, by and between the City of Lubbock and Worksource for the Direct 321 Regular City Council Meeting October 11, 2004 Page 322 Childcare Assistance Program from the Community Development Block Grant 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 1 lth day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ NancyHaney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0492. Grantee: Worksource Program: Direct Childcare Assistance Funding Source: 2004-2005 Community Development Block Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used for childcare for CDBG-eligible low -to -moderate income families seeking job training, employment or education. Funds will be used to provide childcare for such agencies as Early Learning Centers, Catholic Family Services, Christian Women's Services, and the YWCA. Amount: $31,300 Match: 25% Return of Investment: Not required for Community Development Public Service. Terms: October 1, 2004 through September 30, 2005 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended the approval of this resolution. (26.) Resolution No. 2004-R0493 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the YWCA (Youth Challenger-ED Program) from the Community Development Block Grant (Community Development). 322 Regular City Council Meeting October 11, 2004 Page 323 RESOLUTION NO.2004-RO493 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 Community Development Funding Contract, by and between the City of Lubbock and YWCA (Youth Challenger- ED Program) from the Community Development Block Grant 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 1 Ith day of October, 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/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0493. Grantee: YWCA Program: Youth Challenger — ED Program Fundina Source: 2004-2005 Community Development Block Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used to provide educational and recreational activities for emotionally disturbed children and children who have severe behavior problems. Amount: $25,000 Match: 25% Return of Investment: Not required for Community Development Public Service. Terms: October 1, 2004 through September 30, 2005 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended the approval of this resolution. 323 Regular City Council Meeting October 11, 2004 Page 324 (27.) Resolution No. 2004-RO494 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the YWCA (Childcare) from the Community Development Block Grant (Community Development). RESOLUTION NO.2004-RO494 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 Community Development Funding Contract, by and between the City of Lubbock and YWCA (Childcare) from the Community Development Block Grant 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 11 th day of October, 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/ Am Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0494. Grantee: YWCA Program: Childcare Funding Source: 2004-2005 Community Development Block Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used to provide partial funding scholarships for childcare and after school care for CDBG-eligible low -to -moderate income families so they can pursue work, school or job training. Amount: $60,000 Match: 25% Return of Investment: Not required for Community Development Public Service. Terms: October 1, 2004 through September 30, 2005 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. 324 Regular City Council Meeting October 11, 2004 Page 325 Community Development recommended the approval of this resolution. (28.) Resolution No. 2004-RO495 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Community Housing Resource Board (Operations) from the Home Investment Partnership (HOME) (Community Development). RESOLUTION NO.2004-RO495 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 Community Development Funding Contract, by and between the City of Lubbock and the Community Housing Resource Board (Operations) from the Home Investment Partnership (HOME) Grant 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 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Han2y Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0495. Grantee: Community Housing Resource Board Program: Operations Funding Source: 2004-2005 Home Investment Partnership (HOME) Grant. Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: Funds for this project will be used to operate affordable housing programs currently being offered. Amount: $50,000 Match: Not required for CHDO projects. Return of Investment: Not Required for CHDO operations. Terms: October 1, 2004 through September 30, 2006 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. 325 Regular City Council Meeting October 11, 2004 Page 326 Community Development recommended approval of this resolution. (29.) Resolution No. 2004-RO496 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Alcoholic Recovery Center from the Emergency Shelter Grant (Community Development). RESOLUTION NO.2004-RO496 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 Community Development Funding Contract, by and between the City of Lubbock and Alcoholic Recovery Center from the Emergency Shelter Grant 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 I Ith day of October, 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/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0496. Grantee: Alcoholic Recovery Center Pro am: Operations Funding Source: 2004-2005 Emergency Shelter Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: Funds will be used to assist in operation of the Shelter, specifically with the facility's utilities and telephone bill. Amount: $8,000 Match: 100% Return of Investment: Not required for Emergency Shelter Grant (100% match). Terms: October 1, 2004 through September 30, 2005 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended approval of this resolution. 326 Regular City Council Meeting October 11, 2004 Page 327 (30.) Resolution No. 2004-RO497 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Lubbock Interfaith Hospitality Network from the Emergency Shelter Grant (Community Development). RESOLUTION NO.2004-RO497 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 Community Development Funding Contract, by and between the City of Lubbock and the Lubbock Interfaith Hospitality Network from the Emergency Shelter Grant 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 11 th day of October, 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/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0497. Granl:ee: Lubbock Interfaith Hospitality Network P omam: Operations Funding Source: 2004-2005 Emergency Shelter Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will pay for the daily operations of the center, which provides shelter for homeless families and their children. Amount: $10,000 Match: 100% Return of Investment: Not required for Emergency Shelter Grant (100% match). Terms: October 1, 2004 through September 30, 2005 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. 327 Regular City Council Meeting October 11, 2004 Page 328 Community Development recommended approval of this resolution. (31.) Resolution No. 2004-RO498 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Salvation Army (Essential Services) from the Emergency Shelter Grant (Community Development). RESOLUTION NO. 2004-RO498 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 Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army (Essential Services) from the Emergency Shelter Grant 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 1 lth day of October, 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/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0498. Grantee: Salvation Army Pro am: Essential Services Funding Source: 2004-2005 Emergency Shelter Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used to provide salaries for Essential Services Intake Case Workers who provide a variety of services to residential clients that are homeless. Amount: $18,000 Match: 100% Return of Investment: Not required for Emergency Shelter Grant (100% match). Terms: October 1, 2004 through September 30, 2005 Comments: Funding for the Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. 328 Regular City Council Meeting October 11, 2004 Page 329 FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended the approval of this resolution. (32.) Resolution No. 2004-RO499 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Salvation Army (Homeless Prevention) from the Emergency Shelter Grant (Community Development). RESOLUTION NO.2004-RO499 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 to execute for an on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army (Homeless Prevention) from the Emergency Shelter Grant 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 1 lth day of October, 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/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0499. Grantee: Salvation Army Procram: Homeless Prevention Funding Source: 2004-2005 Emergency Shelter Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used for homeless prevention activities to provide mortgage, rent, and utility assistance to individuals and families suffering from an emergency, leaving them temporarily homeless. Amount: $10,000 Match: 100% Retuin of Investment: Not required for Emergency Shelter Grant (100% match). Terms: October 1, 2004 through September 30, 2005 Comments: Funding for the Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. 329 Regular City Council Meeting October 11, 2004 Page 330 FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended approval of this resolution. (33.) Resolution No. 2004-RO500 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Salvation Army (Operations) from the Emergency Shelter Grant (Community Development). RESOLUTION NO.2004-RO500 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 Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army (Operations) from the Emergency Shelter Grant 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 I Ith day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nana Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0500. Grantee: Salvation Army Program: Operations Funding Source: 2004-2005 Emergency Shelter Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: This program will provide Shelter operating funds for the Salvation Army. This facility serves men, women, and families in need of temporary assistance. Amount: $15,000 Match: 100% Return of Investment: Not required for Emergency Shelter Grant (100% match). Terms: October 1, 2004 through September 30, 2005 Comments: Funding for the Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. 330 Regular City Council Meeting October 11, 2004 Page 331 FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended approval of this resolution. (34.) Resolution No. 2004-RO501 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and Vandelia Church from the Emergency Shelter Grant (Community Development). RESOLUTION NO.2004-RO501 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 Community Development Funding Contract, by and between the City of Lubbock and Vandelia Church from the Emergency Shelter Grant 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 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Hanel_ Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0501. Grantee: Vandelia Church Program: Homeless Prevention Funding Source: 2004-2005 Emergency Shelter Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used to provide utility and rent assistance to individuals and families who have experienced a sudden increase in expenses or decrease in income, in order to prevent a homeless situation. Amount: $16,178 Match: 100% Return of Investment: Not required for Emergency Shelter Grant (100% match). Terms: October 1, 2004 through September 30, 2005 Comments: Funding for the Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. 331 Regular City Council Meeting October 11, 2004 Page 332 FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended approval of this resolution. (35.) Resolution No. 2004-R0502 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Women's Protective Services from the Emergency Shelter Grant (Community Development). RESOLUTION NO.2004-R0502 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 Community Development Funding Contract, by and between the City of Lubbock and Women's Protective Services from the Emergency Shelter Grant 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 11 th day of October, 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/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0502. Grantee: WPS Program: Essential Services Funding Source: 2004-2005 Emergency Shelter Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: The funds for this program will be used to provide support services and referrals for the purpose of assisting women, children and families of domestic violence to become and remain self-sufficient and free from violence. Amount: $12,000 Match: 100% Return of Investment: Not required for Emergency Shelter Grant (100% match). Terms: October 1, 2004 through September 30, 2005 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. 332 Regular City Council Meeting October 11, 2004 Page 333 FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended approval of this resolution. (36.) Resolution No. 2004-RO503 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Community Housing Resource Board (Lease Purchase) from the Home Investment Partnership (HOME) (Community Development). RESOLUTION NO.2004-RO503 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 Community Development Funding Contract, by and between the City of Lubbock and the Community Housing Resource Board (Lease Purchase) from the Home Investment Partnership (HOME) Grant 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 11 th day of October, 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/ Am�Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0503. Grantee: Community Housing Resource Board Pro am: Lease Purchase (CHDO Project) Funding Source: 2004-2005 Home Investment Partnership (HOME) Grant. Fiscal Impact: No impact to general fund, 100% grant funded. Use of rands: These funds will be used to purchase houses to be made available for lease purchase to low -to -moderate income families. Amount: $196,295 Match: Not required for CHDO projects. Return of Investment: Grantee has the option of reinvesting program funds back into the Lease Purchase Program or can repay 25% of the grant amount used for the completion of the project as outlined in the Citizens' Guide. Terms: October 1, 2004 through September 30, 2006 333 Regular City Council Meeting October 11, 2004 Page 334 Comments: Funding for this Contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund; 100% grant funded. Community Development recommended approval of this resolution. The next items considered were Items 38-42. (37.) Resolution No. 2004-R authorizing the City Manager, or his designee, to execute any documents or instruments necessary to draw or draft upon that certain letter of credit issued by First State Bank Central Texas regarding the paving improvements in The Preserve at Prairie Pointe of the City of Lubbock (Street/Drainage Engineering). This item was moved from consent agenda to regular agenda and was considered following Item 20. This item was deleted. Prior to recording any plat, the developer must provide for the associated paving improvements. The paving improvements may be provided for by construction, surety bond, or bank letter of credit. On April 21, 2003, the developer of this subdivision presented a letter of credit authorizing the City of Lubbock to draft the issuing bank in the amount of $63,750 if the required paving improvements have not been constructed. The letter of credit expires on October 21, 2004. The developer has not completed the required paving and drainage improvements, as of September 23, 2004. The developer has been notified by certified letter and by phone that the City will request a draft on the letter of credit on October 14, 2004. The notification letter included an alternative for the developer to provide a new letter of credit, extending the expiration date by six months for a total of one year, to avoid the City drafting this letter of credit. It is typical for letters of credit to have expiration dates ranging from six months to one year. The developer has indicated that he intends to provide a new letter of credit, but this resolution is being initiated so that the City can make the draft if a new letter is not provided. FISCAL IMPACT: If the paving construction is not completed by the developer, and the City does not draw on the letter of credit, the paving and drainage improvements required for this plat will have to be completed by the City at an estimated cost of $63,750. Staff recommended approval of this resolution. Council Member Gilbreath stated "It appears that this is a situation where the developer hasn't finished the streets, and we're now going to draw on the Letter of Credit, so that the City can finish them." Larry Hertel, City Engineer, stated that after this was placed on the agenda, the developer came in with a new Letter of Credit, and this item could be deleted. Mayor Pro Tern Martin asked why the developers hadn't been able to get to the streets. Mr. Hertel stated he didn't know why it had taken so long. It is possible the weather had an impact on this; however, they probably were more interested in doing the apartment and onsite improvement, rather than the public improvements. Mayor Pro Tern Martin asked Mr. Hertel to touch base with the Lubbock Housing Authority and send Council an email after he found out the status. The next items considered were Items 44-45. 334 Regular City Council Meeting October 11, 2004 Page 335 (38.) Resolution No. 2004-RO504 accepting paving improvements constructed by Hub City Pavers, Inc. in Regal Park Addition Lots 443-492 (Street/Drainage Engineering). RESOLUTION NO.2004-RO504 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 443-492, Regal Park Addition, made arrangements with Hub City Pavers Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Iola Avenue from the South Lip line of 82"d Street to the alley South of 841h Street, known and designated as New Subdivision Sub -Unit Number 68 of Unit Number 2044, 83`d Street from the West lip line of Homestead Avenue to the East lip line of Iola Avenue, known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2044, 84th Street from the West lip line of Homestead Avenue to the East lip line of Iola Avenue, known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2044, The East-West alley from Homestead Avenue to Iola Avenue South of 83`d Street, known as Unit Number A463-79. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $9,560.00 to the developer, and to direct refund of escrow monies in the amount of $39,387.00 from prepaid account number 915.3304.09007 to the developer. Passed by the City Council this 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith for Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Senior Attorney/Office Practice Section 335 Regular City Council Meeting October 11, 2004 Page 336 This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Iola Avenue from 82nd Street to the alley south of 84th Street. 83rd Street from Homestead Avenue to Iola Avenue. 84th Street from Homestead Avenue to Iola Avenue. The east -west alley south of 83rd Street from Homestead Avenue to Iola Avenue. FISCAL IMPACT: Monterey Church of Christ, which was concurrently platting the property on the west side of Iola Avenue, asked Lubbock Land Company to construct their required paving on the west side of Iola Avenue with their contract for paving associated with Regal Park. Monterey Church of Christ placed their share of the paving costs for Iola Avenue in the amount of $39,387 in the City's prepaid paving account. The street paving has been completed, and at the direction of Monterey Church of Christ this amount is being released to Lubbock Land Company. Iola Avenue is a collector level street and the City is responsible for the extra width of paving over the standard residential street width. The City's share of the cost is $9,560 and will be due to Lubbock Land Company upon this acceptance. The City's cost will be paid from an existing capital project (New Subdivision and Assessment Paving). This capital project is funded on an annual basis for paving quantities that exceed the developers' paving requirements when platting new subdivisions. Staff recommended approval of this resolution. (39.) Resolution No. 2004-RO505 accepting primary street maintenance improvements constructed by Granite Construction Company, Inc., under the 2004 Primary Streets Maintenance Program (Streets). RESOLUTION NO.2004-RO505 A RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, the City of Lubbock awarded a contract January 8, 2004, authorizing the construction of primary street maintenance improvements by Granite Construction Company, Inc., on City streets; WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $44,406.53. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. 336 Regular City Council Meeting October 11, 2004 Page 337 Passed by the City Council this 11 th day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel This item is a routine acceptance of the 2004 Primary Streets Maintenance Program, which consisted of various types of patching, widening, and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $794,292.50. Change Order No. 1 added $188,000 to the contract. Change Order No. 2 subtracted $38,000 from the contract. The final contract price is $888,130.60. Street lane marking tabs for Traffic Engineering accounted for $5,250, which came from one of their accounts. Final payment due the contractor upon acceptance is $44,406.53. Adequate funds are available for this payment. FISCAL IMPACT: A total of $44,406.53 is available in Seal Coat Program (Project #90323) for this payment. The Street Department recommended approval of this resolution. (40.) Resolution No. 2004-RO506 authorizing the Mayor to execute an agreement between the City of Lubbock and Parkhill, Smith & Cooper, Inc., for Construction Period Services for Package #1 of the South Lubbock Storm Sewer Project (Storm Water). RESOLUTION NO. 2004-RO506 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 Agreement for Engineering Services (ConstructiQn Period Services), and any associated documents, for the construction of storm water facilities with Parkhill, Smith & Cooper, Inc., a copy of which Agreement for Engineering Services is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 1 lth day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 337 Regular City Council Meeting October 11, 2004 Page 338 APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, PE, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2004-R0506. This resolution provides the necessary funding for construction inspection services for Package #1 of the South Lubbock Storm Sewer Project from Parkhill, Smith & Cooper, Inc. Parkhill, Smith & Cooper, Inc., will provide on -site resident project representation for the City for the duration of the construction period of the storm sewer, engineering assistance in reviewing submittals associated with the design of the project, and assistance for field discovered conflicts or changes. The construction inspection services will be for the duration of construction and an additional six months for finalization of the project. This contract is a not to exceed amount of $1,997,282. FISCAL IMPACT: The existing budget for the South Lubbock Storm Sewer Project includes funding for this inspection contract. This represents a one-time investment for inspection of Package #1. Staff recommended approval of this resolution. (41.) Resolution No. 2004-RO507 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and Hubwest Development, L.L.C. for the Milwaukee Avenue paving project from 341h to 92nd Streets (Planning and Transportation). RESOLUTION NO.2004-RO507 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 Development Agreement between the City of Lubbock and Hubwest Development, L.L.C. and Canyon Hub Holdings, L.P., 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 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer Director of Planning and Transportation 338 Regular City Council Meeting October 11, 2004 Page 339 APPROVED AS TO FORM: /s/ Don Vandiver for Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0507. The City has been working with local developers on the Milwaukee Avenue paving project, which involves paving Milwaukee Avenue from 34th 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, Inc. The City has estimated 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 15, 2004. The estimated amount is the developer's share of the total cost of the project, which includes, paving, water, sewer, and storm water, less % the difference between concrete and asphalt paving. The contract requires the City 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 can 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 and the developer agree to negotiate the costs in excess of the estimated amount. This contract requires the City to meet specific milestones or the developer will be able to self -perform the work. FISCAL IMPACT: The total cost of the Milwaukee Project is estimated at $17,962,102. The cost to the City for their share of the project is $13,769,726. The project will be funded out of the Gateway Fund. Staff recommended approval of this resolution. (42.) Resolution No. 2004-RO508 authorizing the Mayor to execute a Development Agreement, by and between the City of Lubbock, Texas and Hubwest Development, L.L.C. for the Milwaukee Avenue paving project from 34th to 92"d Streets (Planning and Transportation). RESOLUTION NO.2004-RO508 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 Development Agreement between the City of Lubbock and Hubwest Development, L.L.C. and Canyon Hub Holdings, L.P., 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. 339 Regular City Council Meeting October 11, 2004 Page 340 Passed by the City Council this 11 th day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer Director of Planning and Transportation APPROVED AS TO FORM: /s/ Don Vandiver for Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0508. The City has been working with local developers on the Milwaukee Avenue paving project, which involves paving Milwaukee Avenue from 34 h 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, Inc. The City has estimated 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 15, 2004. The estimated amount is the developer's share of the total cost of the project, which includes, paving, water, sewer, and storm water, less 'h the difference between concrete and asphalt paving. The contract requires the City 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 can 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 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 for their share of the project is $13,769,726. The project will be funded out of the Gateway Fund. Staff recommended approval of this resolution. 340 Regular City Council Meeting October 11, 2004 Page 341 The next item considered was Item 57A. (43.) Resolution No. 2004-RO516 establishing the salary of the Presiding Judge of the Municipal Court for the FY 2004-2005 budget year (Judge Doty/Legal). RESOLUTION NO.2004-RO516 WHEREAS, Pursuant to Resolution No. 2004-R0301, the City Council of the City of Lubbock shall review and may adjust the salary of the Presiding Judge of the Municipal Court of Record annually as part of the City budget process; and WHEREAS, -the City Council of the City of Lubbock finds it to be in the best interest of the citizens of the City of Lubbock to adjust the salary of the Presiding Judge of the Municipal Court of Record for the FY2004-5 budget year; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1) THAT the salary for the position of Presiding Judge, Lubbock Municipal Court of Record, shall be $101,065.12 per annum. 2) THAT the: salary established by this Resolution shall be paid prospectively only commencing upon the date of final passage of this Resolution. 3) THAT upon passage of this Resolution, the City Manager or his designee shall make such changes to the municipal budget as shall be necessary to implement this Resolution. Passed by the City Council this 11 th day of October, 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/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel This was the first item considered after City Council reconvened at 1:30 P. M. and following Item 54. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to "Give the Municipal Court Judge a 3% pay raise for fiscal year `05" and pass Resolution No. 2004-R0516. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 57. Items 44-45 were considered following Item 37. (44.) Resolution No. 2004-RO510 - BID #04-155BM— for Sewer System Relocate for Freeway at Quaker Avenue (Water Utilities Engineering). RESOLUTION NO.2004-RO510 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the sewer system relocation for freeway at Quaker Avenue, by and between the City of Lubbock and Utility Contractors of America, Inc. of 341 Regular City Council Meeting October 11, 2004 Page 342 Wolfforth, 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 1 Ith day of October, 2004. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Director APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this I Vh day of October, 2004, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Utility Contractors of America, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #04-155/BM — SEWER SYSTEM RELOCATION FOR FREEWAY AT QUAKER AVENUE - $1,171,100.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 342 Regular City Council Meeting October 11, 2004 Page 343 ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Mike Gilliland Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: UTILITY CONTRACTORS OF AMERICA By: /s/ Ty Lane PRINTED NAME: Ty Lane TITLE: General Manager COMPLETE ADDRESS: Utility Contractors of American 927 Highway 62 Wolfforth, TX 79382 This project is a part of the utility relocation process in advance of the Marsha Sharp Freeway Project. This particular project will relocate a large diameter sewer main in US 82 from near 29`h Drive to Quaker Avenue and in Quaker Avenue from 19`h Street to 22nd Place. The project involves a traffic; control plan keeping the portion of Quaker Avenue open during construction. An alternate bid closing the portion of Quaker Avenue up to 40 consecutive days will save $50,310 in construction costs (4.5%). This construction should be complete in February 2005. Bid with Quaker Avenue open during construction: $1,171,100 Alternate Bid with Quaker Avenue closed up to 40 days: $1,120,790 Time for completion is 90 days and liquidated damages are $1,000 per day. Seventy-eight local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $3,085,000 was appropriated with $2,403,166 available in Project 9754 (Sewer Lines Ahead of Marsha Sharp Freeway) for this purpose. Staff recommended contract award to Utility Contractors of America, Inc. of Wolfforth, Texas. Victor Kilman, Purchasing Agent, was available to answer questions. Mayor Pro Tern Martin stated that the issue on this is, do we want to kee Quaker Avenue open between the old railroad tracks basically at 19 Street during the construction, or do we want to allow the contractor to close it down completely for about 40 days to put this new sewer line in. If we require him to keep it open, it's going to cost the City about $51,000 more, He asked if this was a good synopsis of it. Mr. Kilman stated that he was correct. Mayor Pro Tern Martin stated that Quaker Avenue is a major thoroughfare, and with the prior disruptions of traffic, that anything that could be done to keep the traffic flowing north and south, even if it requires the $51,000, is worth the expenditure. 343 Regular City Council Meeting October 11, 2004 Page 344 Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO510 with the option for keeping Quaker Avenue open. Motion carried: 7 Yeas, 0 Nays. ORDINANCES FOR PASSAGE Second Reading (45.) ORDINANCE NO. 2004-00111—ZONE CASE NO.3018 (from 0 to 81h Streets, between Avenues W and X): Consider request of McConstruction Ltd. (for McCanton Wood) for a zoning change from R-2, A-2, and R-3 to A-3 Specific Use for apartments on Blocks 126 and 127, Overton Addition, and to consider ordinance (Mayor recused) (second and final reading). ORDINANCE NO. 2004-00111 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3018; A ZONING CHANGE FROM R-2, A-2 AND R-3 TO A-3 SPECIFIC USE FOR APARTMENTS ON BLOCKS 126 AND 127, 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 Boren to pass on second and final reading Ordinance No. 2004-00111 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next items considered were Items 48-51. PUBLIC HEARINGS 10:59 A. M. Special Items 46-47 were considered following Item 57A. (46.) Hold a public hearing to discuss renaming the Lubbock International Airport to Lubbock Preston Smith International Airport. Prior to the open hearing, Mayor McDougal called on Steve Hurt, who at the time the recommendation was forwarded was Chairman of the Airport Board. Mr. Hurt stated he was no longer Chairman, but while he was Chairman, some Lubbock citizens presented to the Board recommendations that the name of the airport be changed to Lubbock Preston Smith International Airport. The Board discussed this for a couple of months and voted in favor of that. Dr. Monte Monroe from the Southwest Collection of Texas Tech University gave a history of Governor Preston Smith. Dr. Heenan Johnson stated that any honor given to Governor Preston Smith would be appreciated by his family. Judge J. Q. Warnick also made comments and presented a petition with names in favor of this item to City Secretary Rebecca Garza. Judge Warnick stated that Governor Preston Smith was the first person in the history of the State of Texas to have served in the House, in the Senate as Lieutenant Governor, and elected the Governor of this state. He stated that there was a biblical term for Preston Smith, and it is "steadfast". He was steadfast in his integrity and in his service as a public servant, _ wherever he served. Mayor McDougal opened the public hearing at 10:59 a. m. State Representative Delwin Jones, Texas Tech University Professor of History and Associate Dean of Arts and Science Don Walker, and Lorenzo "Bubba" Seldano appeared on behalf of renaming Lubbock International Airport to Lubbock Preston Smith International Airport. George Scott 344 Regular City Council Meeting October 11, 2004 Page 345 appeared in opposition. Mayor McDougal closed the hearing at 11:10 a. in. Mayor McDougal recognized former Mayor Strong and Larry Teaver. Mr. Teaver drove Governor Smith around the State of Texas. (47.) Ordinance No. 2004-00113 amending various Chapters of the Code of Ordinances of the City of Lubbock, Texas, with regard to changing the name of Lubbock International Airport to Lubbock Preston Smith International Airport; and directing the Airport Director to notify the FAA of said name change and to make such other changes as may be needed; directing the City Engineer and Traffic Engineer to indicate said new name on official maps; notify state officials and to install appropriate signage to reflect such name as needed; providing a savings clause; and providing for publication first reading). ORDINANCE NO.2004-00113 AN ORDINANCE AMENDING VARIOUS CHAPTERS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CHANGING THE NAME OF LUBBOCK INTERNATIONAL AIRPORT TO LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT; AND DIRECTING THE AIRPORT DIRECTOR TO NOTIFY THE FAA OF SAID NAME CHANGE AND TO MAKE SUCH OTHER CHANGES AS MAY BE NEEDED; DIRECTING THE CITY ENGINEER AND TRAFFIC ENGINEER TO INDICATE SAID NEW NAME ON OFFICIAL MAPS; NOTIFY STATE OFFICIALS AND TO INSTALL APPROPRIATE SIGNAGE TO REFLECT SUCH NAME AS NEEDED; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. In the Airport Advisory Board's November 19, 2003 meeting, a group of individuals spoke to the Airport Board regarding changing the name of Lubbock International Airport to Lubbock Preston Smith International Airport. On December 16, 2003, the Airport Board considered making a recommendation to the City Council to rename Lubbock International Airport to honor Preston Smith. The Airport Board recommended by vote of 4 to 2 to change the name of the Airport after City Council holds a public hearing on the issue, and if the public hearing is favorable (Board minutes and letter to the City Council are attached). FISCAL IMPACT: There are eleven large signs on I-27 and Loop 289 that will need to be changed if Preston Smith is added to the name of the Airport. According to TxDOT personnel, each sign is approximately $6,000 for a total of $66,000. There are also ten smaller road signs that will need to be replaced at a cost of $550 per sign for a total of $5,500. Total estimated cost to replace these highway signs is $71,500. There are four signs at the Airport that will need to be changed. The entry sign at MLK Boulevard, the sign just before the parking facility, the sign at International Drive (west side) and the sign on the airside of the terminal building. Redoing these signs is estimated to be between $75,000 and $100,000. This estimate was made after talking to the Airport Manager in Amarillo which has also changed their name after the Shuttle Columbia disintegrated. Only one sign at the airport in Amarillo, much like the sign on the airside of the airline terminal here at Lubbock, was replaced at a cost of $25,000. None of the road signs in Amarillo had to be replaced because they only said "Airport". The estimated cost to replace signage for the Airport along highways and at the Airport is $171,500. This estimate does not include costs associated with brochures, stationary, business cards, logos, etc. and other references to the Airport by various other organizations. 345 Regular City Council Meeting October 11, 2004 Page 346 Based on the conversation with the Airport Manager in Amarillo, naming the terminal building (not the entire Airport) for Mr. Smith will require one sign change at an estimated cost of $25,000. Airport staff recommended City Council consider the costs of the name change and the favorable Airport Board recommendation. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tern Martin to pass on first reading Ordinance No. 2004-00113 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 11. 11:13 A. M. CITY COUNCIL RECESSED 11:25 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers All council members were present, except Council Member Boren The first item considered was Item 11. Zoning Items 48-51 were considered following Item 45. (48.) Ordinance No. 2004-00115 - ZONE CASE NO. 2926-A (south of 981h Street and west of Quaker Avenue): Hold a public hearing to consider request of Ken Flagg (for Lakeridge Estates of Lubbock, LLP) for a zoning change from R-1 Specific Use to C-2 on an unplatted 4-acre tract out of Section 16, Block E2, and to consider ordinance first reading). ORDINANCE NO. 2004-00115 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2926-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-2 ON AN UNPLATTED 4-ACRE TRACT OUT OF SECTION 16, BLOCK E2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:43 a. in. Larry Teaver appeared on behalf of Lakeridge Estates of Lubbock, LLP. No one appeared in opposition. Mayor McDougal closed the hearing at 11:44 a. in. The applicant is redesigning the subdivision to allow a four -acre parcel to be joined to the existing commercial along 98`h Street. Adjacent land uses: North — vacant commercial South — proposed residential East — proposed commercial West — proposed residential The request is reasonably consistent with the policy of the Comprehensive Land Use Plan regarding commercial development at the corner of two major thoroughfares. Noted in previous cases on this intersection, the realignment of both Quaker Avenue and 98`h Street to place most of the playa lake on the Lakeridge corner skewed the typical placement of ten acre tracts on each of the four corners at the intersection. The northwest corner is in the playa lake and will have no commercial without an extensive cut and fill process. The northeast corner allotment of commercial zoning was reduced to about two acres because of demand for residential north of 98`h Street. Because of commercial on Quaker Avenue south of 981h Street that existed prior to annexation of the area, the southeast and southwest corners are distorted in size, but remain equal to each other on the south end. 346 Regular City Council Meeting October 11, 2004 Page 347 The four -acre addition to the existing 8.78 acres will constitute nearly thirteen acres within the Lakeridge project. An additional sixteen acres is anticipated on the balance of the southwest corner, although some of it may wind up being residential or a church tract. The approximate total is 29 acres for the southwest corner. The southeast corner has approximately 18 acres already zoned for commercial. All total, the objective of forty acres per intersection is not out of reason. The potential total is 49 acres. One adjacent resident withdrew a letter of opposition after learning that the subdivision will be redesigned and no access from the residential will be allowed to the commercial area. The proposal will not appreciably increase the impact of development on the corner or the thoroughfare system. The Planning Commission recommended the request subject to the following condition (taken from Ordinance for the 8+ acres adjoining on the north): 1. On the C-3 portion, a site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00115 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. ADMINISTRATIVE SERVICES Facilities Management (49.) Resolution No. 2004-RO511 authorizing the Mayor to execute a Deed Without Warranty with Lubbock Regional Mental Health and Mental Retardation Center (1602 Vanda Avenue), an agency of the State of Texas. RESOLUTION NO.2004-R0511 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Deed Without Warranty between the City of Lubbock and the Lubbock Regional Mental Health and Mental Retardation Center, and any other related documents. Said Deed Without Warranty is attached hereto and :incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan Stauffer Harlan Stauffer, Facilities Manager 347 Regular City Council Meeting October 11, 2004 Page 348 APPROVED AS TO FORM: /s/ AMy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Deed without Warranty is filed with Resolution No. 2004-RO511. This action authorizes the execution of a deed to convey the land located at 1602 Vanda Avenue, owned by the City, to the Lubbock Regional Mental Health and Mental Retardation Center (MHMR). The property at 1602 Vanda Avenue was originally a public health services facility (a.k.a. Posey Community Center/Posey Clinic) leased to MHMR (LESSEE) on August 12, 1993. A renewed lease was executed on September 1, 2000 for a term of five years. The lease states the tenant may use the premises for the purpose of managing a drug and alcohol program for persons on probation or parole and for no other purpose without the written consent of Landlord. The City and MHMR have been working for several months to transfer the ownership of the property at 1602 Vanda Avenue from the City to MHMR to be used as a facility for the betterment of the public. As part of the process to accept the building, MHMR contracted with a private environmental company, V-Tech, to assess the environmental conditions of the building and land at 1602 Vanda Avenue. During that inspection, V-Tech noted two areas of concern relating to mold, one being determined to be black mold. An assessment of the conditions at the facility by Facilities Management determined that the black mold resulted from wet conditions created by a leak existing after installation of a new water supply line to a sink. MHMR subsequently ceased using the facility. Subsequent discussions between Facilities Management and MHMR concluded that based on the condition of the structure and the fact that asbestos, as well as black mold, existed, the most appropriate action was demolition. The negotiations concluded that the City would abate the asbestos from the structure and demolition costs would be paid by MHMR. Remediation of the black mold is not required as the building is being demolished. The building has now been demolished. Transfer of the property is now recommended so the vacant land can be used by MHMR as recreational space or parking space for the Billy Meeks Center, which is located across Vanda Avenue from 1602. The Deed Without Warranty conveys the Property by Grantor (City of Lubbock) to the Grantee (Lubbock Regional Mental Health and Mental Retardation Center) as long as the Grantee utilizes the Property solely in a manner that promotes a public purpose of the Grantor. For the purpose hereof, "public purpose" of the Grantor shall mean: Lubbock Regional Mental Health and Mental Retardation Center provides public health and human services, to include but not limited to, mental health, mental retardation, substance abuse, and HIV services. If the Property ceases to be so used, all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in the Grantor. The property is located at 1602 Vanda Avenue, Lubbock, Texas 79427. The legal description is Bailey John H, Block 1, Lot 1, City of Lubbock. FISCAL IMPACT: The 2000 lease of this property was for a five-year term for an annual rent of $2,520. MHMR paid monthly rent until April 2004, when it was agreed that continued rental payments were inappropriate since the building was no longer usable and demolition was being scheduled. The transfer of title for this property will reduce rental revenues by $2520. Staff recommended approval of this resolution. 348 Regular City Council Meeting October 11, 2004 Page 349 Motion was made by Council Member Gilbreath, seconded by Council Member Price to pass Resolution No. 2004-R0511 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 349 Regular City Council Meeting October 11, 2004 Page 350 FINANCE Bu- dget (50.) Resolution No. 2004-RO512 authorizing the creation of a new special revenue fund - Donations Fund - to account for the collection and spending of donations to the City. RESOLUTION NO.2004-RO512 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 create a new special revenue fund "Donations Fund" to account for the collection and spending of donations to the City of Lubbock and the transfer of all currently held donations from the General Fund into this newly created fund. Said documents 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 1 Ith day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Snyder Jeffery Snyder, Chief Accountant APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the documents is filed with Resolution No. 2004-R0512. The City receives private donations for specific purposes throughout the organization, for example the Buddy Holly Center, the Animal Shelter, the Libraries, the Parks Department, etc. This fund will provide an accurate accounting of the sources and uses of these monies to demonstrate, to the donor, that the funds are used for their intended purpose. Expenditures of these monies will require City Council approval through the normal budgeting process. This step will provide the appropriate oversight by the City's governing board. FISCAL IMPACT: Only bona fide donations will be deposited and accounted for within this fund. Current donations on hand are $90,013 for Animal Services, $98,604 for Buddy Holly/Arts Center, $10,000 for Keep Lubbock Beautiful and $20,006 for the Japanese Ambassadors Program. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to pass Resolution No. 2004-RO512 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 350 Regular City Council. Meeting October 11, 2004 Page 351 (51.) Ordinance No. 2004-00116 amending the FY 04-05 Budget by adding $180,000 to the EQS Environmental Capital Project from the Gateway Streets Fund and transferring $218,623 from the General Fund to the Donations Fund and appropriating said donations to be used -for the donor designated purpose first reading). ORDINANCE NO.2004-00116 AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. EQS Environmental Capital Project: City Council authorized Capital Project 915-8492, EQS Environmental, in June 2004 in the amount $650,000. This project is for the conceptual engineering and environmental documents necessary to obtain federal and/or state transportation funds or loans from the state infrastructure bank. These documents will include the following roadways in the northwest area of Lubbock: Slide Road from 4a' Street to Clovis Road (US 84) including the interchange at Loop 289, Erskine Street from Frankford to Quaker Avenues including the interchange at Loop 289, and Loop 289 from Frankford Avenue to Clovis Road (US 84) including reconstruction of the 4`h Street interchange. Portions of these roadways have been identified as Gateway Streets. An RFQ was sent out and an engineering agreement has been negotiated with the top -ranked firm HNTB Corporation. While the fee agreed upon is higher than the original budget, TxDOT staff was included in the negotiations due to their involvement in the project and more extensive experience in this type project. They agreed the fee was reasonable. This project is scheduled to be completed by November 1, 2005. The final agreed upon price was Lump Sum for Personnel Services of $750,812.32 and Reimbursable Expenses Not to Exceed $49,136.31 for a Total Contract Amount Not to Exceed $799,948.63. Including cost for City staff and City expenses, the revised capital project amount is $830,000. Donations Fund The City Council is considering the creation of a new special revenue fund, the Donations Fund, to account for the collection and spending of donations to the City. This ordinance will transfer all of the currently held donations from the General Fund into this newly created fund. Current donations on hand total $218,623 and will be appropriated as follows: Animal Services $90,013 Buddy Holly/Arts Center $98,604 Keep Lubbock Beautiful $10,000 Japanese Ambassadors Program $20,006 FISCAL IMPACT: EES.Environmental Capital Protect: This capital project, 915-8492 EQS Environmental, is currently funded at $650,000 as amended in the FY 2003-04 Budget. This funding includes $50,000 from the Streets Capital Project Fund and $600,000 from planned Certificate of Obligation Bonds that will be paid back from the Gateway Streets Fund beginning in FY 2005-06. The additional transfer of $180,000 is recommended from the Gateway Streets Fund. Adequate funding exists during FY 04-05. 351 Regular City Council Meeting October 11, 2004 Page 352 Donations Fund The funding being moved was originally received as donations. There is no major impact to the General Fund. Funds will be used for donor -designated purposes only. EOS Environmental Capital Project: Staff recommended approval of the first reading of the ordinance amending the Budget for FY 04-05. Donations Fund Staff recommended approval of this ordinance. Motion was made by Council Member Jones, seconded by Mayor Pro Tern Martin to pass on first reading Ordinance No. 2004-00116 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 53. MISCELLANEOUS Business Development (52.) Resolution No. 2004-RO514 calling a public hearing on October 28, 2004, for the purpose of considering the creation of a Public Improvement District for North Point, covering the area between Erskine and Ursuline Streets, between North Quaker Avenue to a line east of Frankford Avenue. RESOLUTION NO. 2004-RO514 WHEREAS, a petition has been received from the record owners of taxable real property representing not less than fifty percent (50%) of the appraised value of the property (as determined by the most recent certified appraisal roll for Lubbock County) the proposed North Point Public Improvement District (PID) covers the area between Erskine and Ursuline, and between North Quaker to a line east of Frankford. This area is approximately 543 acres, within the City of Lubbock, AND owners of not less than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal; requesting creation of a Public Improvement District under Chapter 372 of the Texas Local Government Code; and WHEREAS, the petition, a copy of which is attached hereto as Exhibit "A", has been examined, verified, and found to meet the requirements of Section 372.005(b) of the Texas Local Government Code and to be sufficient for consideration by the City of Lubbock; and WHEREAS, the boundaries of the proposed Public Improvement District are described in the attachment designated as Exhibit "B" and shown on the map attached hereto as Exhibit "C", said area for the North Point PID being within the city limits of the City of Lubbock; WHEREAS, the City of Lubbock accepts the petition and desires to schedule a public hearing to consider the formation of a Public Improvement District (PID) in this area pursuant to the Public Improvement District Assessment Act for the purpose of maintaining the common areas on North Slide and adjacent right of way; creating and maintaining a green space located under a utility easement; and enhancing and maintaining amenities in the entry stations on Slide Road, all in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT a public hearing is hereby scheduled at 11 am, Thursday, October 28, 2004, in the City Council Chambers, 1625 13 h Street, Lubbock, Texas, to receive public comment on the formation of a North Point Public Improvement District in the area described in Exhibit B and as shown on the map in Exhibit C, pursuant to Chapter 372 of the Texas Local Government Code; and SECTION 2: THAT notice of said hearing shall be published in a newspaper of general circulation in the city at least fifteen days prior to the hearing as required by state law; and 352 Regular City Council Meeting October 11, 2004 Page 353 SECTION 3: THAT written notice shall be mailed to each property owner, as reflected on the tax rolls, of property subject to assessment under the proposed public improvement district, before the 15`h day prior to the date set for the hearing. Passed by the City Council this 1 lth day of October, 2004. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of Exhibit A, B and C are filed with Resolution No. 2004-R0514. This item was considered following Item 53. Property owners in North Point have petitioned to form a Public Improvement District (PID). A PID is a defined assessment area providing specific types of public improvements or maintenance of a given area. One of the statutory requirements for the City Council is to hold a Public Hearing regarding the advisability of creating the District. This proposed item authorizes the Council to hold the Public Hearing on October 28, 2004. The proposed North Point Public Improvement District (PID) generally covers the area between Erskine and Ursuline Streets, and between North Quaker Avenue to a line east of Frankford Avenue. This area is approximately 543 acres. The proposed boundaries are shown on the attached map. State law requires petitioners to meet certain requirements. The petition is sufficient if signed by 1) owners of taxable real property representing more than 50% of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district where the property is located, and 2) record owners of real property liable for assessment under the proposal who constitute more than 50% of the area in the proposed district. Property owners, who have signed petitions, represent 91 % of the total market value of the proposed PID area. In addition, the petitioners represent 93% of the; total square footage of the area. The City Secretary has validated the petitioners as per statute requirements and a copy of the validation staternent was attached. In addition, a packet, which included a copy of the petition, a brief description of the PID services and assessments, and a copy of the District map, was given to each potential petitioner. FISCAL IMPACT: Staff time is required to facilitate the PID process. The intent of this PID is to provide additional services at no cost increase to the City. Staff recommended approval of this resolution. Council Member Gilbreath asked what this particular PID was going to be doing. Rob Allison, Manager of Business and Neighborhood Development, stated: "There are basically three functions for it. On north 353 Regular City Council Meeting October It, 2004 Page 354 Slide, they have medians along Slide and propose to go all the way through to Erskine, and that will include maintaining that, as well as the right-of-way. There's a power line utility easement that goes through that development. They are planning on developing underneath that power line, and it includes the maintenance and construction of that, as well as at both ends of Slide, I think they are planning on entry gateways and for maintaining those gateways." Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass Resolution No. 2004-RO514 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 54. PLANNING AND TRANSPORTATION Street/Drainage Engineering (53.) Resolution No. 2004-RO513 authorizing the Mayor to sign an agreement with HNTB Corporation for engineering services related to the environmental documents for the Northwest Passage Project. RESOLUTION NO. 2004-RO513 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement between the City of Lubbock and HNTB Corporation for engineering services related to the environmental documents for the Northwest Passage Project. 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 11 th day of October, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jere Hart Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0513. This item was considered following Item 51. City Council previously authorized capital project 915-8492, EQS Environmental, in the summer of 2004 in the amount of $650,000. This project is for the conceptual engineering and environmental documents necessary to obtain federal and/or state transportation funds or loans from the state infrastructure bank. These documents will include the following roadways in the northwest area of Lubbock: Slide Road from 41h Street to Clovis Road (US 84) including the interchange at Loop 289, Erskine Street from Frankford to Quaker Avenues including the interchange at Loop 289, and Loop 289 from Frankford Avenue to Clovis Road (US 84) 354 Regular City Council Meeting October 11, 2004 Page 355 including reconstruction of the 41h Street interchange. Portions of these roadways have been identified as Gateway Streets. RFQ #093-04 was sent out immediately after this project was authorized by City Council. A selection committee was appointed by the City Engineer to review and rate the proposals submitted by the five firms that responded to the RFQ. A memo was submitted to City Council on July 25, 2004 advising Council that negotiations were being conducted with the top -rated firm, HNTB Corporation. The selection was a close decision because the top four teams all have good Statements of Qualifications for this project. HNTB has an outstanding team with its project manager having key experience in Lubbock on the Marsha Sharp Freeway, including working well with TxDOT, Texas Tech and the City. They have an excellent record with TxDOT in completing projects on time and within budget. They also have the most aggressive schedule proposed for this project at one year. They had significant experience in producing environmental documents on similar projects for TxDOT in a very short time frame. Their inclusion of Parkhill, Smith & Cooper, Inc. as a major sub -consultant also assured the Committee of their commitment to local knowledge of the project and local concerns. Final negotiations were conducted with HNTB Corporation and after adjustments in the scope, the final agreed upon price was Lump Sum for Personnel Services of $750,812.32 and Reimbursable Expenses Not to Exceed $49,136.31 for a Total Contract Amount Not to Exceed $799,948.63. FISCAL IMPACT: Capital Project 915-8492 EQS Environmental is currently funded at $650,000, as amended in the FY 2003-04 Budget. Final negotiations on this project with the consultant were for $799,948.63. Allowing additional costs for internal costs brings the total to $830,000. The additional $180,000 is recommended to come from the Gateway Streets Fund. An amendment to the FY 2004-05 Budget authorizing these additional funds is required. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to pass Resolution No. 2004-RO513 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 52. (54.) Resolution No. 2004-RO515 - BID #04-153/RW— for Glenna Goodacre Boulevard Paving and Drainage Improvements (Street Drainage). RESOLUTION NO.2004-RO515 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the Glenna Goodacre Boulevard paving and drainage improvements, by and between the City of Lubbock and Allen Butler Construction, Inc. of Ransom Canyon, 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. 355 Regular City Council Meeting October 11, 2004 Page 356 Passed by the City Council this 1 Ith day of October, 2004. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into thisl lth day of October, 2004, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and ALLEN BUTLER CONSTRUCTION, INC., of the City of RANSOM CANYON, County of LUBBOCK, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #04-153-rw-GLENNA GOODACRE BOULEVARD PAVING AND DRAINAGE IMPROVEMENTS - $1,092,521.96 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 356 Regular City Council Meeting October 11, 2004 Page 357 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: ALLEN BUTLER CONSTRUCTION, INC. By: /s/ Allen Butler PRINTED NAME: Allen Butler TITLE: President ATTEST: Corporate Secretary COMPLETE ADDRESS: Allen Butler Construction, Inc. /s/ Maralyn Butler #24 S. Lakeshore Drive Ransom Canyon, TX 79366 This item was considered following Item 52. This project involves curb, gutter and street improvements for Glenna Goodacre Boulevard that will enhance a target TIF district neighborhood and meet changing needs by reducing infrastructure maintenance. Construction is scheduled to be complete in July 2005. Forty-two local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $1,450,000 was appropriated with $1,450,000 available in Project 90300 and 90301 (The Centre and Dinerstein #2) for this purpose. Staff recommended contract award to Allen Butler Construction, Inc. of Ransom Canyon, Texas for $1,268,089.16, Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass Resolution No. 2004-RO515 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 43. 11:48 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. 1:30 P. M. CITY COUNCIL RECONVENED INTO WORK SESSION All council members were present. The first item considered was Item 43. WORK SESSION (55.) Presentation regarding a proposal to annex 51 acres north of Erskine Street and east of North Milwaukee Avenue. This item was considered following Item 57. Mayor McDougal stated to Craig Farmer, Managing Director of Planning & Transportation, that he had told Randy Henson, Senior Planner, to move forward with the annexation. No presentation was necessary. 357 Regular City Council Meeting October 11, 2004 Page 358 (56.) Discuss the 981h Street - Slide Road to Frankford Avenue — geotechnical study results and recommendations for remediation of backfill. This item was deleted. (57.) Briefing for the Mayor, City Council, the County Judge, and the Commissioner's Court on the changes to the City of Lubbock/Lubbock County Emergency Management Plan, and recommendation to adopt the changes. This item was considered following Item 43. Present were County Judge Tom Head and County Commissioners Gilbert Flores, Patti Jones, James Kitten, and Kenny Maines. Isidro Gutierrez, Candidate for District 3 County Commissioner was also in attendance. Ken Olson, Emergency Management Coordinator, gave a presentation concerning the changes to the City of Lubbock/Lubbock County Emergency Management Plan and recommendation to adopt the changes. The Emergency Management Plan (EMP) has been updated to meet the guidelines as set forth by the Governor's Division of Emergency Management. The governing bodies of both the City of Lubbock and Lubbock formally adopted the EMP in 1992; however, current revisions have not been reviewed. Mr. Olson introduced Captain Bill Snider with the Region Highway Patrol Office. If additional resources were needed during an emergency, Mayor McDougal and County Judge Head would make a request to Captain Snider. Mayor Pro Tern Martin stated that EOC was crowded and asked Mr. Olson if he had plans to expand the facility. Mr. Olson stated that they were looking at their options very closely, and that EOC does like the close proximity to the Communications Center. The next item considered was Item 55. (57A.) Presentation to the City Council regarding the contract between the City of Lubbock and Crouch & Associates, Ltd. for the marketing, sales, and construction of a mausoleum, and any associated issues. This item was considered following Item 42. Due to the volume of discussion, a transcript of the discussion was prepared. Jay D. Crouch, President of Crouch & Associates, Ltd. appeared for the presentation. CROUCH: Thanks for inviting me. I was called on by Mr. Truesdell to give just a brief overview of the mausoleum program at the City of Lubbock Cemetery and to kind of give you some of the — for the benefit of the Council Members that weren't seated when we started our program, kind of give you some of the major advantages to the program. The second thing that I'd like to do is kind of bring you up to date, if I may, on our progress. Then, thirdly, I would like to spend just a little bit of time and propose an adjustment in our relationship. I do have some handouts here that might be helpful for the Council to be able to follow along with. Let's see if I can get them all out here. (Staff passed out to the Council). I'll keep it as brief as I can. MARTIN: You can go ahead. CROUCH: Okay. The major benefits that the City receives from the mausoleum's sales and development program is first of all, a conservation of land. The mausoleums that we've proposed to build are built seven levels high, and they would have an open-air chapel for families to hold a 358 Regular City Council Meeting October 11, 2004 Page 359 service. If you compare that to the use of the land for just regular ground burial space, you'd find that the use of the land is about seven times greater than if you just sold individual spaces. It also increases the income of the particular site where ground burial might be used significantly. It lowers the maintenance cost for the City. The mausoleums are primarily built of concrete, steel and granite, polished granite, similar to the background that you are in front of there. So the maintenance is pretty negligible as far as that goes. It does provide a greater community service file offering a wider variety of entombment and memorialization, and that's something that I think for the first time in the over hundred year history of the City Cemetery, that we've had the opportunity to offer above -ground entombment in a public mausoleum. I think that you'd find too, and I don't have the artist's rendering here with me today; but it's a very striking building and it would be, it's proposed to be built just inside the main entrance of the Cemetery. So it would provide for a nice feature and beautify the Cemetery, and it does also have a functional component, in that it has an open-air chapel for families to hold services, if it happens to be inclement weather. So those are some of the major benefits of the project. As far as revenue is concerned, the original proposal, you would see a summary or a comparison between what the City would see as far as revenue ground burial versus the mausoleum, and it is significant. One hundred ninety-five thousand is what would be derived out of that particular 8,000 square foot space for ground burial. Whereas, with the mausoleum, after all revenue that has been considered, would be just over $900,000 in revenue to the City, for an increase of $715,000. That gives you a little bit of a brief summary of the major benefits that the City receives. I wanted to get — maybe move on real quick to the update, and I call your attention to the first page marked as "Total Number of Crypts Sold". Since our program started in January 2002, to date, we have had 247 family members that have prearranged their burial in the mausoleum. Total revenue to the City — today, Crouch & Associates has paid the City of Lubbock $82,710. The total amount that's accrued revenue to the City is $114,000, and we have still yet to be paid to the City $31,699 on open accounts. That kind of gives you a quick update as to the progress of the mausoleum. The third thing I would like to maybe address is a proposed adjustment in the agreement, and it's unfortunate that the City has been involved with a highly publicized lawsuit over burials that alleged haven't been able, people haven't been able to find their love ones, and I feel like that that will resolve itself in the not too distance future. So, what has happened though, Council Members, is that because of the nature of the publicity, the marketing effort has slowed. Sales efforts has been affected by that adverse publicity. No so much that the citizens are not receptive to mausoleum entombment; but it does affect us in our ability to hire and attract commissioned salespeople with that type of notoriety out there. So, what I'm going to suggest is that the Council consider a proposed change, and that is that the City would step in as the construction financier or contractor, and we would increase the percentage that would be given to the City to offset construction costs, and that Crouch & Associates would act as a sales and marketing company to continue to market the mausoleums. As I mentioned earlier, I think that the publicity will subside eventually, and that we will still have a viable project. My proposal is that currently the City is receiving 10% of the gross sales, and what I'd like to suggest is that we increase that to 40% for the City's take, and the City would be responsible for the construction of the building itself, which would account for about 20% of the retail price of the crypts. Crouch & Associates would agree to a 60% marketing contract and we would be responsible for all the promotions and sales of the mausoleums. The 359 Regular City Council Meeting October 11, 2004 Page 360 reason why we are asking the Council to consider this is because of the construction deadline is in the fall of 2005, and as a company, we are a little concerned about what other publicity may occur between now and then that would prevent us from having revenues available to complete the construction of the project. So — MCDOUGAL: What's the current arrangement? CROUCH: The current arrangement is that Crouch & Associates would construct the building and the City would receive 10%, Mayor McDougal, of the sales proceeds. What I'm suggesting is, that we have the City as the financier or the construction - pay for the construction costs of the building in exchange for 40% of the gross sales, and therefore — at the end of the day, what happens is that the City would receive an additional 10% profit off the project. MCDOUGAL: What would happen to the revenues that have already been taken in from the — JONES: We get 40% of what's already been collected. CROUCH: I'm sorry. I missed — MCDOUGAL: -- the proceeds that you've already collected, you're saying you would then write us a check for 40% of that. CROUCH: No. What I'm suggesting, Mayor McDougal, is that you've already received 10% and on the inventory that has already been sold, there would not be any additional funds would be remitted to the City, and the reason being is that Crouch & Associates has suffered a loss due to the lack of sales that were because of the publicity. MARTIN: Mr. Crouch, you say, loss of sales. All of that came about in the — the incidents you mentioned about the lawsuit and so forth about the cemetery came about in May of this year. CROUCH: Right. MARTIN: But from September of last year to May of this year, that's nine months there were no sales. CROUCH: That's right. MARTIN: The publicity didn't have anything to do with those. How come there were no sales in nine months? CROUCH: Well, we had some personnel issues here within this particular market, and that's the primary reason why. We have other projects, and we had lost a manager here in this market, and so we had not replaced that manager. My intentions were in May, which we did kick off the program again after the Memorial Day service, and my intention then was to reestablish a sales force here to continue to market the mausoleum; but we've met with a pretty good amount of resistance. MARTIN: So from September of last year through today, have you had a sales force at all? CROUCH: We've had a limited number of sales people in this market. We were having difficulty retaining sales people from May on. But I did not attempt to — we didn't attempt to have a sales force up here from September to May. MARTIN: So you didn't actually make any attempt, is what you said, from September 2003 through May of this year to even have a sales force here. CROUCH: That's true. MARTIN: Do you have an office here in Lubbock? CROUCH: Yes, we do. 360 Regular City Council Meeting October 11, 2004 Page 361 MARTIN: Where is it? CROUCH: Here in downtown Lubbock on 16t' and Avenue N. MARTIN: 16`b and N? Is it open? CROUCH: It"s currently closed right now. We're handling all of our customer service here for Lubbock through our corporate office. MARTIN: Okay. When did your office here close? CROUCH: Well, when we — we had an office manager here up through, I guess, January of 2004. Yes. We didn't have a sales manager here from — September to January. MCDOUGAL: Well, you're claiming — I mean, you just claimed that because of the publicity from May, that you haven't had any sales. Yet, you haven't had a staff here to make any sales, prior to May (inaudible) May forward from last year until May, there's been nobody out there. CROUCH: Well, that was of our own device. I came up here — MCDOUGAL: But what you said when I asked the question on the 247 crypts that you've sold, is that about, how much revenue is that? Half a million dollars? More? CROUCH: The average retail price is about $3,500 per casket space, per crypt. MCDOUGAL: But what you said was, you were going to retain that for the damages that ya`ll have suffered from May. CROUCH: No, now we have already paid the City their portion of that. MCDOUGAL: Ten percent. CROUCH: That's correct. Yeah. GILBREATH: Where's your corporate office? CROUCH: It's in — it's in West Point, Texas. — GILBREATH: What's that address? I notice you don't have -- your letterhead doesn't show any contact information or, in fact, the letter you wrote, it's really not even on a letterhead. CROUCH: Yeah. This is a copy of a letter that I had given to Mr. Truesdell last week; but it's P. O. Box 96 in West Point, Texas. GILBREATH: What's the physical address? CROUCH: 940 FM 154, West Point. But I guess — GILBREATH: What other cities are you dealing with presently. You said you had ongoing relationships with other cities. What would they be? CROUCH: We have relationships with Rogers, Arkansas, and we have — that's the only other city relationship we have. GILBREATH: Is that a satisfactory relationship? CROUCH: It is at current. Yes. We also have private cemeteries and nonprofit cemeteries that we deal with. There's actually seven, total. MCDOUGAL: Who's your contact in Rogers? CROUCH: The manager of the cemetery's name is Larry Roe. GILBREATH: No litigation there? -` CROUCH: There is litigation pending there, but as far as — GILBREATH: But the relationship's satisfactory. CROUCH: As far as we're concerned, we're in agreement and we are not in breach of our agreement with the City. GILBREATH: But the City contends there is a breach? CROUCH: There's some litigation that's pending, and I'm not real -- 361 Regular City Council Meeting October 11, 2004 Page 362 GILBREATH: Any other litigation with any of the other cities with which you deal? CROUCH: No. Not with any cities. No. GILBREATH: With any private cemeteries? CROUCH: We have a litigation with an additional cemetery in Beaumont, Texas. BOREN: Jay, a lot of us are brand new on the City Council and we don't know all of the historical background of your company and all of those things, but we appreciate you being here more than you realize. I would just like to know who you say Crouch & Associates, is that local people? Is that West Point, Texas? Who is the Associates? CROUCH: Well, we hire the sales staff locally. BOREN: Is that what the Associates represents? You are the sole proprietor. You're the sole stockholder of your company? CROUCH: Right. That's right, and to get back to Mayor McDougal's question. I came up personally in May of this year to hire and train a sales staff, and I stayed here for the better part of the summer; at least three days a week, attempting to hire and train a sales staff to promote the mausoleum. The thing you have to realize is that these folks that we hire as representatives are commissioned only type of folks, and so, they are very sensitive to any negative publicity that might be out there. We just had a real difficult time getting anyone to work under those — under the publicity that was circulating at the time. MARTIN: Mr. Crouch, you've made a proposal, but putting that aside for a moment, whether we act on that or not, do you expect to meet your sales goals for this year and the anniversary date of the contract is December 3, 2004. Are you going to meet the sales goals of $200,000 of sales for this year? CROUCH: The unknown is any other publicity that may result. I wouldn't be able to say with certainty that that would take place, because of the — I don't know how long your litigation will go on or how often it will crop up? MARTIN: So, it's a matter of litigation, not a matter of the fact that you don't have any staff or anybody selling here. CROUCH: Well, that's all part of it. Yes. It's all tied together, Councilman Martin. MARTIN: How many contracts to date have you sold out there on the mausoleum? CROUCH: There's been 247 family members that have purchased crypts in the mausoleum. MARTIN: Do we have copies of each and every one of those? CROUCH: Yes, sir. You do. MARTIN: The cemetery staff would have that? CROUCH: That's right. MARTIN: Are you collateralizing those loans? Are you selling them to a bank? CROUCH: In some instances, we do. Yes. MARTIN: What other — in instances that you don't, what have you done with them? CROUCH: They're in-house accounts and we collect those as and in-house account. MARTIN: How many have you collateralized through a bank out of 247? CROUCH: Oh, I don't know. I know there would probably be over 50% of them, I would imagine. It's based on credit worthiness and that sort of thing. 362 Regular City Council Meeting October 11, 2004 Page 363 MARTIN: Are they Lubbock banks? CROUCH: No. We don't have a relationship with a Lubbock bank that would handle that sort of financing for us. MARTIN: Are they out-of-state banks? CROUCH: No. They're in -state banks. MARTIN: Okay. Do you mind telling us who those are? Since you are binding us on contracts and then collateralizing them, which bank are you collateralizing them with? CROUCH: There is a Community State Bank in Austin, who handles the primary source of our financing. MARTIN: Well, who's the secondary source then? CROUCH: Well, I guess in your — in the instance of Lubbock, that's the only source. We do have other banks, but we haven't done any business with them regarding — MARTIN: So, out of half of 247 that have been collateralized, they've — all of those from the Lubbock sales would have been collateralized at, is it Community State Bank in Austin, is that what you said? CROUCH: That's right. MARTIN: They would all be collateralized there? CROUCH: That's right. MCDOUGAL: '"rho's the contact there? CROUCH: The bank president is Bill Britton. MCDOUGAL: Bill what? CROUCH: Bill Britton. DELEON: Could I ask a question? I am one of the new City Council people. Mr. Crouch, I haven't had the pleasure to meet you, but — CROUCH: It's nice to meet you. DELEON: -- the — from what I had read, the intent was that you would construct the mausoleum, but now you are saying that you are asking the City to construct it. If the City Council decides not to construct the mausoleum, with the idea that the intent was for you to do it, and it doesn't happen, are you going to refund that money back to those 247 clients? CROUCH: There would have to be — construction would have to be done at some point and we had posted a Payment and Performance Bond, too, which would also be something that would give the City the assurance that the building would be constructed under the worst of circumstances. DELEON: But you are not in a position to construct the mausoleum? CROUCH: Yes. I mean, we're still in the position to construct the mausoleum; although, we feel like that the amount of adverse publicity has affected our revenue stream. GILBREATH: Have you got a contract with a company in Minnesota, that's a granite company? CROUCH: Yes. We do, Mr. Gilbreath. GILBREATH: Is that satisfactory? CROUCH: We're currently in litigation with that company. GILBREATH: They filed suit against you, or you filed suit against them, or what's the situation there. CROUCH: Well, I hate to comment on pending litigation — 363 Regular City Council Meeting October 11, 2004 Page 364 GILBREATH: Does it have anything to do with your representation of the City of Lubbock? CROUCH: No. It has nothing to do with the City of Lubbock. It has to do with some other contracts that we have. GILBREATH: Is that the same company though, with which you're contracted to build this mausoleum in Lubbock? CROUCH: Yes. It is. Which is not the only company in the United States that can build mausoleums. There's many options there, but — GILBREATH: But you have a contract with them for Lubbock? CROUCH: Yes, sir. We do have. We currently have one with them. MARTIN: Ms. DeLeon asked you a question, and you said that there's a performance bond. What did you call that? Insures that the mausoleum will be built? CROUCH: Yes. It's a payment and performance bond that was part of our agreement with the City whenever we first started this project. MARTIN: Did you file that with us? I don't know that we have a performance bond on this? CROUCH: Yeah. It's with you guys. We submitted that. I believe your legal counsel has that. MARTIN: Do you know what insurance company it was that issued it? CROUCH: It's — I'd have to get the bond out and just see — MARTIN: Was it Crouch & Associates that obtained that or did we obtain it? I mean, how did that come about? CROUCH: We paid for it. MARTIN: You did? CROUCH: Yes, sir. We did. That was a — MARTIN: Does anybody know, Mr. Truesdell, do we have that bond? TRUESDELL: It's actually through a CNA Surety. MARTIN: But is it a performance bond to make sure that the mausoleum gets built? TRUESDELL: It states "payment for materials" for the mausoleum. MARTIN: But it doesn't have anything to do with the revenue, the actual crypts being sold and guaranteeing that if they are all sold that it will be built. It only deals with what, with the materials being used, in other words, the granite and the steel and this type of thing? TRUESDELL: Yes, sir. That's what it says on the bond. MARTIN: So, it really doesn't insure that the money that Mr. Crouch has collected actually goes to the building of the mausoleum? TRUESDELL: That's correct. MARTIN: And that's kind of what I was interested in, Mr. Crouch. It just says that if it's built, it'll be built, it doesn't say anything about the - unless I'm mistaken there — that the money that you've collected actually goes to building the mausoleum. CROUCH: Well, the money that we collect is for the purpose of paying the City to pay for lead acquisition costs and general operational costs, the promotion of the building, as well as the construction. So all of it's together. Yes. JONES: Do we have a contract, a copy of the contract that Councilman Gilbreath talked about with the granite company? 364 Regular City Council Meeting October 11, 2004 Page 365 CROUCH: You know, I'm not sure if you have a copy, Mr. Jones, of the contract with the granite company. I would have to check to see if you do. MARTIN: Have you provided our staff with a copy of the contract between you and Cold Springs? CROUCH: That's what we were just visiting about, and I'm not real sure, Councilman Martin, if we've — if ya'll have one of those. MARTIN: Do you know why we wouldn't have that? CROUCH: Other than, I don't know that it's something that was necessary that we provided to you. The contract between Crouch & Associates and the City is probably what governs our relationship, and therefore, that contract doesn't really have — GILBREATH: Would it be unreasonable for us to expect to receive a copy of that contract? CROUCH: I don't see any reason why not, Councilman Gilbreath. I think we can probably get you one. GILBREATH: Thank you. MARTIN: One of the other provisions, I think, of our contract with Crouch & Associates says that we have a right to audit your books. Where are your books located so that we can come audit them? CROUCH: They're at our corporate office in West Point. MARTIN: Is that at 940 FM 154? CROUCH: Uh-huh. Yes. MARTIN: And how do we — do you have a phone number for us to get in touch with you there? CROUCH: Sure. 512-619-8665. What we do -- MARTIN: Is that a business office or a home? CROUCH: That's our residence. Yes. MARTIN: And you have the books there? CROUCH: That's correct. The — one of the things that Council might be interested in, is we remit to the City each and every month detailed reports of sales activity and all of those sorts of things. So, you already have those on record and we'd be more than happy to provide you with any other that you would like to — MARTIN: Great. Great. According to the contract, we have the right to audit your books and we certainly intend to take advantage of that. CROUCH: Sure. Be happy to help you with that. MCDOUGAL: I want to go — I want to go back for a minute to your allegations about the publicity, and see if you can't help me determine why the City would want to step in and fulfill your duties under the contract, yet you retain all of the dollars that have been collected on the first 247 lots sold out there for the construction. I mean, it seems to me that you hold a lot of the responsibility for the sales not taking place, since you haven't had a sales force out there prior to May. Yet, in your letter, you don't talk about that at all. You just talk about everything's our fault. As a matter of fact, in here somewhere it says "through no fault of Crouch". I'm not buying that. You haven't had a sales force out there. CROUCH: Well, granted, Mayor McDougal, we haven't had one up until May; but that was something that we had planned on as a company ourselves. The amount of monies that have been lost are not just specific to the time that I spent up here this summer attempting to hire and train a sales force to promote the mausoleum. What I guess I'm concerned about is the — how much extra time and money it's going to 365 Regular City Council Meeting October 11, 2004 Page 366 take to promote and sell the mausoleum, because of the climate of the publicity, and it's unfortunate that that happened. I know that it's not anyone's fault on the Council that it happened; but it does adversely affect our ability to market. So, that's the only reason why I suggested that perhaps the City be responsible for the — MCDOUGAL: But my point is, prior to May, you weren't out there selling lots. You were not marketing in this market. CROUCH: Well, we have been. I mean, now from September to May, I grant you that we didn't have a sales force here, but prior to that, we had an active sales force here in Lubbock. MCDOUGAL: Well, then, you shoulder a lot of that burden; not the City. If you weren't out there, then as far as I'm concerned, you're in default of the contract today. CROUCH: Well, I believe that we've met all of our obligations, including the minimum amount of production that was required in order to maintain the — MCDOUGAL: But you're not going to be able to meet that this year. That's what you said earlier. CROUCH: Well, the question was asked, or at least the way I heard it, would I be able to guarantee that, and I — because of the unknowns, I wouldn't be able to, you know, to — MCDOUGAL: How close are you to it? How many lots have you sold out there this year? CROUCH: I think we've had — I think we've had five, is all that has been sold in this calendar year•, five crypts that have been sold. PRICE: Mr. Crouch, I'm also a new member of the City Council. I just came on board this year, in July of this year. I am not well versed on the duties; but I have read a few things about what it was that you were supposed to do for the City as referenced to the mausoleum. I would like to know why is it that you don't have an office here and have personnel here to pursue selling spaces in the mausoleum? CROUCH: First of all, we do have an office here; although, it is not staffed at this time and it's only because when I came up here in May, or in the first of June, I stayed here June, July, and August, was here every day. We had an office manager; you know, we had an ongoing effort to recruit and train sales staff; but it was not productive. It wasn't fruitful, because of the incessant publicity over the record keeping. So I elected in August to discontinue that effort and I had made it aware to - PRICE: In August of this year? CROUCH: That's right. I made it aware to Mr. Truesdell that perhaps what would be the better course of action would be to allow the publicity to diminish. PRICE: So the office is not open now. Is that right? CROUCH: No. PRICE: You gave us the 1600 Avenue N address. CROUCH: That's right. PRICE: So that is not open now, is it? CROUCH: It's not currently open. No. PRICE: No utilities are being paid, phone numbers — CROUCH: Oh, yeah. There's utilities being paid. PRICE: Phone number. You have a phone number there? 366 Regular City Council Meeting October 11, 2004 Page 36? CROUCH: The phones are not connected here in Lubbock. They all are route to our corporate office. question? Why would you have an office paying PRICE: May I ask one more utilities, and I'm quite sure rent or lease, and it's closed? CROUCH: Well, we still have a commitment to the thertresolved between the City to run a sales force and we are hopeful that as the litigation and the other litigants that you have, the parties to that suit, that we would be able to start our marketing effort back up again. PRICE: Let's just sort of throw that out, that litigation part. Let's just set that aside and let that be the City CROUCH: PRICE: Sure. What can you bring to the table, and let's not connect the City's litigation with the problem we are having with, what we've got going on with the mausoleum. What can you bring to the table, and let's not connect the City's with this. CROUCH: Well, what I can — what I can bring to the table is a willingness to continue as a marketing and sales company. That's what my it may take longer to sell the project; but I still have intentions are, and a willingness to do that. It's just, I'm asking for the City Council's help in being able to weather this storm that we've had recently. PRICE: If you are going to continue as you stated to make this a workable solution for your organization, and also the City of Lubbock, why would we need to go and change what we had already agreed on a long time ago? Why would we go and need to change right now, if you are going to continue to make this thing work. CROUCH: Well, because of the timeframe and construction of the mausoleum being the fall of this next year. PRICE: So you are saying that because you can't meet your timeframe, that we should take the responsibility to help you meet it. CROUCH: That's correct. PRICE: You think — as being a business person, and I'm quite sure you're a competent business person, would you accept that type of offer from another firm if they came in and reneged on an agreement of the contract and that other firm couldn't meet it's obligations, would you accept the fact that it's their fault, and you're going to take over the responsibility of straightening up their fault? CROUCH: Well, I think that if the party that I was doing business with had legal difficulties of their own, and it created an atmosphere that maybe prevented me from being able to see my obligations through, then, yes, I would want - as a partner, I would want them to step in and help to — and we're not asking that the City take a hit on this. Actually, if you look at the — over the long — the long term with the proposed percentage increase that I'm suggesting, the City would actually come out better profit wise, in the long term. It's just that the problem that we're faced with is the litigation that you have is timely and we've got the construction deadline that's coming up. So, that's where the crunch is, is kind of the cash flow crunch here. PRICE: But honestly and truly, the litigation that the City has with the cemetery really don't have anything to do with your responsibility, does it? CROUCH: Well, it does, Councilman Price, because if you're attempting to market a product and yet there is a negative association for that product that was created not of any fault of yours, then I think that there is some validity to that. 367 Regular City Council Meeting October 11, 2004 Page 368 MARTIN: One final question from me, Mr. Crouch. You said, you keep telling us that you've had trouble since May with this suit, although you really haven't sold anything from September through May of last year. You don't have an office here. You don't have a sales staff. Do you really know, do you know what the impact has been on our own sales of lots out there at the cemetery since all of this came up? CROUCH: I really don't. I haven't audited or I don't know that I even have the right to do that. MARTIN: Would it surprise you to know that we've actually been selling lots? We continue to sell lots at the cemetery. You're just speculating that it might have; but you haven't made any effort. CROUCH: Well, I wouldn't have any doubt that you probably still have a good amount of what's termed in our industry as "at need" type business, where families already had family members buried there and therefore, they're going to still purchase space at the time of a death; but we're talking about a different type of marketing, which is preening type of marketing, based on largely attitude and perception of the customer in the community, and it also — probably, the most difficult challenge that we've had is being able to attract commissioned sales people to go out and promote the mausoleum. Because commissioned sales people are a different sort. They are attitude driven. They don't have a guaranteed salary, and I can't tell a commissioned sales person "Oh, come on in and we'll prop you up on a salary until all of this blows over and then you won't be any worse for wear." They look at the opportunity as to whether or not it's viable for their income, and if it's not, if there's something out there that they feel like will affect their income, then they shy away from it and they will go to some other type of commission based sale, which I know, Mayor McDougal, you are very aware of that and dealing with commissioned sales people in your company. MARTIN: Mr. Crouch, you said earlier, out of the 247, approximately half of them that have been sold, the crypts that have been sold, that half of them roughly were being paid on, and the other half were collateralized. Out of the half roughly that have not been collateralized, how many of those are in default? Do you have any idea? CROUCH: I don't have that figure right offhand. Councilman Martin, we can get you that figure, though. MARTIN: Do you have any idea how many of the roughly half that are collateralized at Community State Bank in Austin, how many of those have defaulted? CROUCH: I don't have the exact number. MARTIN: Although at that point, that's their responsibility to collect, aren't they. CROUCH: Well, actually, no, that's not the case. When we collateralize, we use those to collateralize a credit line, we still have the responsibility to collect the account. That's in one particular arrangement we have with the bank. Now if the contract is sold to the bank, then that is a different story, and they do have the right, they have the obligation to collect. However, we are on full recourse as a company. So if a contract does default, then we have to pay the bank back. MARTITIN: Okay. BORHave you contracted with any company to go ahead and begin plans for constructing the mausoleum? CROUCH: I'm sorry. BOREN: Have you contracted with any company to begin construction of the mausoleum? 368 Regular City Council Meeting October 11, 2004 Page 369 CROUCH: Yes. With Granite Bronze, which is the contractor that we signed up for here in the beginning. BOREN: Do you have a mobile phone number or anything that we can reach you by, if we needed to while you are in town? CROUCH: That would, that's a good number there that you could reach me at. BOREN: The one that you've given — you don't have a mobile phone though? CROUCH: It would be forwarded to that phone. BOREN: Okay. MCDOUGAL: Okay. Anybody else. Okay. Thank you for being here. CROUCH: Yeah. Thanks for having me. I hope I've shed some light on the subject. The next items considered were Items 46-47. 2:00 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Price made a motion to adjourn, and Mayor McDougal adjourned the meeting. Read and approved this day of , MARC MI OUGAL, MAYOR ATTEST: Re ecca Garza, City Secretary 369