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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/16/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas, met in regular session on the 16tn day of December, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Floyd Price Absent: Council Member Gary O. Boren, Council Member Phyllis Jones CITIZEN COMMENTS No one expressed comments to the Council. 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; medical records for an exception to the City's health plan; and competitive matters of the public power utility as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. (L) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Cemetery; Overton; Planning and Transportation; Police; Water Utilities). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Overton; Water Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary) and take appropriate action. (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Permit & License Appeal Board (5.) Hold an executive session in accordance with V.T.C.A. Government Code Section 551.0785 to deliberate regarding medical records for an exception to the City's health plan (Human Resources) (6.) 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; Regular City Council Meeting December 16, 2004 Page 528 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. 9:30 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal; Mayor Pro Tem Tom Martin; Council Member Gary 0. 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; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney. Absent: No one Mayor McDougal called the meeting to order at 9:30 A. M. (7.) Invocation by Pastor Jerry Ramirez, Associate Pastor for Student Activities, Oakwood Baptist Church. (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. CITIZENS APPEARANCES ( 9.) Special presentation by Councilman Floyd Price to the Mayor and fellow Council members. Council Member Price called each council member to the center area and presented them with a United States Flag and a certificate (Mike Arismendez handed them out) that certifies the flag has been flown over the State Capital at the request of Congressman Neugebauer and Council Member Price. He then sang a song, doing all this to thank fellow council members for working well together. (10.) Presentation of a special recognition to the Lubbock Christian High School Football Team for winning their first Texas Association of Private and Parochial Schools (TAPPS) state championship. The 2004 Lubbock Christian High School Football Team was present. Mayor McDougal asked the coaches and team to join him in the center area, while he read a special recognition and commended them on a great season and hard work. CONSENT AGENDA (Items 11-18, 20-21, 23, 25-26) Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to approve Items 11-18, 20-21, 23, 25-26 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) ORDINANCE NO. 2004-00140—Pursuant to Chapter 1, Article XII, Section 1 of the Lubbock City Charter, supplanting Article XVIII of Chapter 20 of the Code of Ordinances, outlining the duties and responsibilities of the Electric Utility Board, providing for the disbursement of revenues of the City's electric utility and further defining conflicts of interest and penalties associated therewith (LP&L) (second and final reading). ORDINANCE NO. 2004-00140 AN ORDINANCE SUPPLANTING ARTICLE XVIII OF CHAPTER 20 OF THE CODE OF ORDINANCES, PURSUANT TO CHAPTER 1, ARTICLE XII, SECTION I OF THE LUBBOCK CITY CHARTER, OUTLINING THE DUTIES AND RESPONSIBILITIES OF THE ELECTRIC UTILITY BOARD; PROVIDING FOR THE DISBURSEMENT OF REVENUES OF THE CITY'S ELECTRIC UTILITY; FURTHER DEFINING CONFLICTS OF INTERESTS AND PENALTIES ASSOCIATED THEREWITH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 528 Regular City Council Meeting December 16, 2004 Page 529 (12.) ORDINANCE NO. 2004-00142—ZONE CASE NO. 2879-A (1704 Avenue X): Consider the request of Robert M. Sea for a zoning change from R-2 to R-2 DH on Lot 6 and south half of Lot 5, Block 104 Overton Addition, (second and final reading). ORDINANCE NO. 2004-00142 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2879-A; A ZONING CHANGE FROM R-2 TO R-2 DH ON LOT 6 AND SOUTH ONE-HALF OF LOT 5, BLOCK 104, OVERTON ADDITION, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (13.) ORDINANCE NO. 2004-00143—ZONE CASE NO. 3024 (north of Erskine Street and east of Milwaukee Avenue): Consider the request of Mark Anderson (for Wilshire Estates, LLP) for a zoning change from T/R-1 to C-3 and R-I Specific Use for single family residences on a 68.6 acre tract of land out of the southwest corner of Section 7, Block JS, (second and final reading). ORDINANCE NO. 2004-00143 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3024; A ZONING CHANGE FROM T/R-1 TO C-3 AND R-1 SPECIFIC USE FOR SINGLE FAMILY RESIDENCES ON A 17.4 ACRE TRACT OF LAND OUT OF THE SOUTHWEST CORNER OF SECTION 7, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (14.) ORDINANCE NO. 2004-00144—ZONE CASE NO. 3025 (6916 82nd Street): Consider the request of Keith McNeese/Gary Greenstreet for a zoning change from T to C-3 on an unplatted Tract out of Section 30, Block AK, (second and final reading). ORDINANCE NO. 2004-00144 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3025; A ZONING CHANGE FROM T TO C-3 ZONING ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (15.) ORDINANCE NO. 2004-00145—ZONE CASE NO. 3027 (1511 Avenue M): Consider the request of Interfaith Hospitality Network for Homeless Families, Inc. for a zoning change from C-4 to C-4 DH on Lots 5-7, Block 178, Original Town Lubbock, (second and final reading). ORDINANCE NO. 2004-00145 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3027; A ZONING CHANGE FROM C-4 TO C-4 DH ON LOTS 5-7, BLOCK 178, ORIGINAL TOWN LUBBOCK, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE NO. 2004-00146—ZONE CASE NO. 915-C (33 Briercroft Office Park): Consider the request of Next Media Corp. (for KLLL-FM/KMMY-FM/Kone FM/Kote FM) for a zoning change from R-3 Specific Use to R-3 Specific Use for a 70-foot tall communication tower (radio) on Lot 33, Briercroft Office Park Addition, (second and final reading). 529 Regular City Council Meeting December 16, 2004 Page 530 ORDINANCE NO. 2004-00146 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 915-C; A ZONING CHANGE FROM R-3 SPECIFIC USE TO R-3 SPECIFIC USE FOR A 70 FOOT TALL COMMUNICATION TOWER (RADIO) ON LOT 33, BRIERCROFT OFFICE PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE NO. 2004-00141—Amending existing procedures and adjusting fees for re -issuance of construction permits where the original permittee is to be replaced by a second and subsequent contractor (Building Inspections) (second and final reading). ORDINANCE NO. 2004-00141 AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21(b), OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK SO AS TO PROVIDE FOR THE ISSUEANCE OF SECOND AND SUBSEQUENT PERMITS PER JOB SITE IN THE EVENT THE CURRENT PERMITTEE HAS FAILED TO COMPLETE THE WORK OR IS NO LONGER ASSOCIATED WITH THE PROJECT, ESTABLISHING A TRANSFER PERMIT, ESTABLISHING A FEE FOR ISSUANCE OF A TRANSFER PERMIT, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 2004-00151 amending Sections 2-439 through 2-459 and 6-122(1) of the Lubbock Code of Ordinances establishing a master electrician on the Building Board of Appeals in lieu of a journeyman plumber, transferring jurisdiction of the electrical code appeals process to the Building Board of Appeals, and abolishing the Board of Electrical Examiners (Building Inspections) first reading). ORDINANCE NO. 2004-00151 AN ORDINANCE REPEALING CHAPTER 2, ARTICLE XVII, SECTIONS 2-439 THROUGH 2-459; AMENDING CHAPTER 6, ARTICLE V, SECTION 6-122(1) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY REDEFINING ALL REFERENCES TO THE BOARD OF ELECTRICAL EXAMINERS CONTAINED IN THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS TO MEAN AND REFER TO THE BUILDING BOARD OF APPEALS; PROVIDING AN EFFECTIVE DATE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The State of Texas has assumed responsibility for licensing and regulation of the electrical trade statewide. Our local electrician -licensing program will therefore cease to exist upon expiration of current licenses effective Dec. 31, 2004. This relegates the Electrical Board solely to an appellate body; a function already served by the Building Board of Appeals. The Electrical Board therefore recommended consolidation of the Boards, with the inclusion of an electrical trade representative. FISCAL IMPACT: The City will eliminate Board expenses. The Board of Electrical Examiners, as well as the Building Board of Appeals, recommended approval of this ordinance. Staff recommended approval of this ordinance. The next items considered were Items 20-21. (19.) Ordinance No. 2004-0 amending Ordinance No. 10208 relating to Backflow and Cross Connection Protection of the public water system (Public Works) first reading). This item was deleted. Items 20-21 were considered following Item 18. 530 Regular City Council Meeting December 16, 2004 Page 531 (20.) Ordinance No. 2004-00152 amending provisions of certain ordinances authorizing the issuance of outstanding Electric Light and Power System Revenue Bonds to allow for a Board of Trustees to manage and operate the City's Electric Light and Power System; and resolving other matters incident and related thereto (Finance) (first reading). ORDINANCE NO.2004-00152 AN ORDINANCE AMENDING PROVISIONS OF CERTAIN ORDINANCES AUTHORIZING THE ISSUANCE OF OUTSTANDING ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS TO ALLOW FOR A BOARD OF TRUSTEES TO MANAGE AND OPERATE THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. The City previously issued bonds for Lubbock Power and Light, and the following bonds are currently outstanding: 1. City of Lubbock, Texas Electric Light and Power System Revenue Refunding Bonds, Series 1995, dated June 15, 1995, authorized pursuant to Ordinance No. 9815, with a principal amount outstanding as of August 10, 2004, of $4,360,000; 2. City of Lubbock, Texas Electric Light and Power System Revenue Bonds, Series 1998, dated January 1, 1998, authorized pursuant to Ordinance No. 10040, with a principal amount outstanding as of August 10, 2004, of $6,440,000; 3. City of Lubbock, Texas Electric Light and Power System Revenue Bonds, Series 1999, dated January 15, 1999, authorized pursuant to Ordinance No. 10136, with a principal amount outstanding as of August 10, 2004, of $9,185,000; and 4. City of Lubbock, Texas Electric Light and Power System Revenue Bonds, Series 2001, dated July 1, 2001, authorized pursuant to Ordinance No. 2001-00043, with a principal amount outstanding as of August 10, 2004, of $7,820,000; The bond ordinances authorizing the issuance of the above bonds require that the City obtain written consent of the majority of bondholders for amendments that may be made to the bond ordinances. On August 10, 2004 the City determined it had received written consent from the owners holding at least $17,100,000 in aggregate principal amount (or 61.52%) of the above -identified bonds currently outstanding to amend the Prior Bond Ordinances "to allow the transfer of management and operations of its Electric Utility System to an independent Board of Trustees". The City has also obtained the written consent for the amendments from MBIA Insurance Corporation and Ambac Assurance Corporation, which provide insurance for the payment of one or more of such series of bonds. FISCAL IMPACT: No fiscal impact. City management has determined the above -mentioned ordinances should be amended to authorize the transfer of management and operations of its Electric Light and Power System to an independent Board of Trustees. Staff recommended approval of this ordinance. (21.) Resolution No. 2004-RO582 waiving construction permit and inspection fees for the Larry Combest Community Health and Wellness Center, to be located at 305 401h Street (Building Inspections). 531 Regular City Council Meeting December 16, 2004 Page 532 RESOLUTION NO. 2004-RO582 WHEREAS, Texas Tech University Health Sciences Center (herein called "TTU") is a governmental entity engaged in teaching individuals to practice medicine in various medical fields; and WHEREAS, the City Council of the City of Lubbock, Texas recognizes that as a part of TTU's mission to teach medical arts, TTU supplies the medical needs to individuals in and around the City of Lubbock (herein called the "City"); and WHEREAS, TTU desires to build and administer a wellness center (herein called the "Center") that will serve the medical needs of low -to -moderate households in the Harwell Neighborhood in the City and will offer preventive medical as well as clinical services to those in said area; and WHERAS, on September 18, 2003, the City entered into a Community Development Block Grant agreement with TTU (herein called the "Agreement") wherein the City granted Two hundred fifty thousand dollars and no cents ($250,000.00) of federal grant monies to TTU for the Center; and WHEREAS, in granting said monies, the City found that the services to be provided by TTU in the Center benefit citizens of the City and constitute a valuable public service; and WHEREAS, the City Council has declared the Center project of TTU to be a public purpose in the Agreement; and WHEREAS, in order to complete the Center and begin services, TTU must obtain necessary building permits and inspections from the City; and WHEREAS, in order to further facilitate the public purpose of TTU's Center project, the City Council desires to waive any and all fees related to any required building inspections and/or permits for TTU's Center; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the City Council of the City of Lubbock, Texas finds that the waiving of any and all fees related to any required building inspections and/or permits for the Texas Tech University Health Sciences Center's Wellness Center project is a public purpose. Furthermore, the City Council does hereby waive the above -described fees for said Wellness Center project. Passed by the City Council this 16th day of December, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney 532 Regular City Council Meeting December 16, 2004 Page 533 The Texas Tech Health Sciences Center will construct this 6,528 square foot medical clinic and lease it from the Lubbock Independent School District. They have requested that all fees associated with the permit and inspection process be waived. Although this facility will be occupied by a state agency normally exempt from municipal regulation, the facility is owned by a non-exempt entity; therefore, regulations and fees apply. FISCAL IMPACT: Normal permit and inspection fees would be approximately $1,188 for this project. City Council has the authority to waive regulatory fees by resolution if they find a legitimate public purpose in doing so. Staff recommended approval of this resolution. (22.) Resolution No. 2004-R authorizing the Mayor and City Council to sell 4.73 acres of land located at 1802 Parkway Drive to the North & East Lubbock Community Development Corporation pursuant to the recommendation of the Library's Board of Directors on October 18, 2004 (North & East Lubbock CDC). This item was deleted. (23.) Resolution No. 2004-RO583 supporting the Citibus Strategic Plan prepared by the Public Transportation Strategic Planning Task Force (Citibus). RESOLUTION NO.2004-RO583 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of the City of Lubbock hereby support Citibus' Strategic Plan prepared by the Public Transportation Strategic Planning Task Force. Said Strategic Plan shall be included in the minutes of the Council. Passed by the City Council this 16th day of December, 2004. /S/ MARC MCDOLTGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig; Farmer Craig Farmer Managing Director of Planning & Transportation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney Citibus staff members and members of the Public Transportation Strategic Planning Task Force met with Craig Farmer, FAICP, to develop a revised mission statement and the following list of strategic issues, goals, and strategies. Participants in the process were: Public Transportation Strategic Planning Task Force: Carolyn Thompson-Conwright, chairman 533 Regular City Council Meeting December 16, 2004 Page 534 Rich Baker, vice-chairman Steve Warren Cindy Finley Brian Baker John Wilson Jay Jacobus Citibus Staff Members: Brent Black Shannon Garrett Melinda Harvey Matt Jacobs Michael Mangum Pat Peters Julie Polk Other Participants: Craig Farmer, FAICP, City of Lubbock Jere Hart, City of Lubbock Mission Statement Citibus is committed to providing quality, reliable, accessible, economical, and safe transportation services to all citizens while constantly striving for improvements. Good political networking Public/private partnerships; relationship with Tech, LISD, United, SPARTAN, CAPTRANS, etc. Good interagency relationships (FTA, TxDOT) Visibility — Tech campus; peak hour fixed route service Public service — favorable image Dedicated employees Quality customer service Affordable service Well -established in the community Modern fleet Service in demand Tangible service Strong representation 29 years of good experience Marketing, community services Statewide reputation Compliance — ADA, grants, etc. Try to anticipate the future Try to constantly improve; trends and technology Receptive to criticism Issue 1: Funding doesn't match mission. (Wea ess) Goal 1: Increase funding for Citibus operations to appropriate levels. Strategy 1.1 Continue to inform City Council as to the importance of public transportation. Strategy 1.2 Support Senate Bill 2506 — Continuation of flexible funding (100 bus limit). Strategy 1.3 Find funding to restore 30 minute fixed route service throughout the system, Monday -Saturday. Strategy 1.4 Encourage Congressional Reauthorization Conference Committee to fund transit at the highest level possible. 534 Regular City Council Meeting December 16, 2004 Page 535 Strategy 1.5 Investigate flexing funds from the Surface Transportation Program to Citibus. Issue ? : [.oss„of slate #nd federal funding. iE#r641 Goal 2.1: Restore flexibility in federal funding for operating assistance and support performance -based state funding formula. Strategy 2.1 Support Senate Bill 2506. Strategy 2.2 Work with Congressional Reauthorization Conference Committee to allow flexible funding for the FY04-09 reauthorization bill. Strategy 2.3 Continue to support 200,000 Population Coalition and its goal of restoration of funding flexibility. Strategy 2.4 Work with TxDOT Commission to modify state funding formula to include more emphasis on performance measures. Strategy 2.5 Seek strategic priority funds from the TxDOT Commission. Strategy 2.6 Work with the Texas Transit Association on transit funding legislation for the 2005-2007 biennium. Strategy 2.7 As a last resort, revise service contingency plan. Strategy 2.8 Increase planning funds from the Lubbock Metropolitan Planning Organization. Goal 2.2: Continue to develop political support. Strategy 2.9 Strengthen City Council's commitment to public transportation. Strategy 2.10 Seek additional funding from APTA to expand the South Plains Transportation Alliance. Strategy 2.11 Continue to support 200,000 Population Coalition. qe3: fJiWargudingiparmptiownf what , .does. Goal 3.1: Educate the general public on the benefits of public transit, even to non -users of the system. Strategy 3.1 Select a marketing/public relations firm that can develop an image campaign that will enhance the public's perception and promote the benefits of Citibus. Strategy 3.2 Develop program of public recognition of Citibus employees that promote the Citibus mission statement. (Consumer based) Goal 3.2: Educate the public and consumers on Citibus operating policies and procedures. Strategy 3.3 Make passengers aware that they have responsibilities, as well as Citibus. Strategy 3.4 Make sure that information is readily accessible to all citizens. Issue 4'1�' Goal 4: Seek opportunities to increase service and revenues through collaborative efforts with other entities. Strategy 4.1 Develop coordination with health and human services agencies. Strategy 4.2 Develop new revenue sources; expand existing revenue sources. Strategy 4.3 Increase sales of advertising. • Vinyl and in -bus advertising • Work with the City to amend the ordinance to allow shelter and bench advertising. 535 Regular City Council Meeting December 16, 2004 Page 536 Strategy 4.4 Continue to provide shuttles for sporting events; seek sponsorship for shuttle services. Strategy 4.5 Explore possibility of selling radio rights. Strategy 4.6 Seek ways to expand service to university campuses, educational facilities and student -orientated apartment communities resulting in increased revenues. • Continue to work with Tech Student Government Association to increase funding for transportation services. • Develop improved partnerships with LISD and other schools in the service area. Issue 5: Increased regulations and unfunded mandates. (Threat) Goal 5: Control costs related to regulatory compliance and governmental mandates. Strategy 5.1 Use existing political networks to gain as much information as possible regarding any proposed legislation. Strategy 5.2 Provide comments, to legislators and to appropriate agencies, on all Notices of Proposed Rule Making. Issue 6: Access to all parts u r e cite. (Weakness) Goal 6.1: Monitor areas of growth in the city and develop long-range service expansion plans; include passenger amenities throughout the system. Strategy 6.1 Construct additional centrally located transfer plaza. Strategy 6.2 Provide regional coordination of regional start-up service. Strategy 6.3 Develop long-range service expansion plan. Goal 6.2: Improve passenger amenities and information throughout the system. Strategy 6.4 Install route information signs along routes. Strategy 6.5 Produce maps for individual bus routes. Strategy 6.6 Make all service information available in accessible formats, including information regarding the TTY line. Strategy 6.7 Provide route and schedule information at local businesses. Issue 7: Deed better building/facility/technology°/security. (Weakness) Goal 7: Improve security measures as a way to provide a better environment for employees and customers. Strategy 7.1 Install security cameras on all revenue vehicles. (Dependent on funding by a Homeland Security Grant) Strategy 7.2 Increase security of transit facility, including administrative offices, maintenance facility, and bus yard. Strategy 7.3 Work to implement Federal safety, security, and emergency preparedness mandates, including installing magnetic card locks. Strategy 7.4 Replace firebox system. Strategy 7.5 Install NextBus technology and/or Transportation Television Network. Strategy 7.6 Install Signal Preemption on buses. This item was considered following Item 21. As directed by the Lubbock City Council, the Public Transportation Strategic Planning Task Force has prepared a strategic plan for Citibus. 536 Regular City Council Meeting December 16, 2004 Page 537 Mr. Jay Jacobus, Chairman of the Public Transit Advisory Board, and Ms. Carolyn Thompson-Conwright, Chairperson of the Public Transportation Strategic Planning Task Force, presented the strategic plan to the Council at the November 4, 2004, City Council work session. FISCAL IMPACT: Approval of the Citibus Strategic Plan will result in no additional cost to the City of Lubbock. Citibus recommended approval of this resolution. The next items considered were Items 25-26. (24.) Resolution No. 2004-RO586 authorizing the Mayor to execute for and on behalf of the City a contract between the City and Meyers & Associates, for federal legislative counseling services (Legislation). This item was moved to Regular Meeting and considered following Item 26. RESOLUTION NO. 2004-RO586 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 federal legislative counseling services and any related documents with Meyers & Associates, a copy of which Agreement 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 16th day of December, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2004-R0586. Meyers & Associates specializes in providing governmental relations services in federal legislative and administrative matters. The City currently has a contract with them that expires December 31, 2004. Under the terms of the current contract, this agreement can be renewed for an additional year and the retainer may be raised from $6,750 per month plus expenses not to exceed $750 to $8,000 per month plus expenses not to exceed $750. FISCAL IMPACT: This agreement represents an annual increase of $15,000, however, $106,750 was budgeted for FY05, which covers the increase. Legislative staff recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass Resolution No. 2004-RO586 authorizing the Mayor to execute for and on behalf of the City a contract between the City and 537 Regular City Council Meeting December 16, 2004 Page 538 Meyers & Associates, for federal legislative counseling services. Motion carried: 7 Yeas, 0 Nays. Council Member Gilbreath asked that this item be pulled separately to recognize City Secretary, Becky Garza, on re -negotiating the contract with Meyers and Associates. The next items considered were 27-30D Items 25-26 were considered following Item 23. (25.) Resolution No. 2004-RO584 - BID #178-04/VK--for Master Lease -Purchase Agreement (Purchasing). RESOLUTION NO.2004-RO584 BE IT RESOLVED B 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 Master Municipal Lease/Purchase Agreement, by and between the City of Lubbock and Frost Leasing of Addison, 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 16`h day of December, 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 Contract is filed with Resolution No. 2004-R0584. This bid establishes a master lease -purchase agreement to provide funding to finance the City's general equipment needs. Lease -purchase financing represents a way for municipalities to conserve their cash while acquiring the equipment and facilities necessary for government to function. A municipal lease -purchase agreement is a financial instrument that enables a municipality to use annual tax revenue streams to make payments for essential use equipment at lower tax-exempt interest rates. This type of installment purchase is also referred to as "municipal lease -purchase". The interest earned under a properly structured and documented lease is exempt from federal income tax under the same tax laws that enable a municipal bond to carry a tax-exempt rate. Because the lessor does not pay federal tax on the interest earned, a tax-exempt lease provides a much lower interest rate to the municipality than other types of borrowing instruments. As described in Master Lease Agreement provided in council backup, this financing will function as a master lease, with the City financing various equipment acquired during an acquisition period at different times over the term of the agreement. Staff expects to finance approximately $7 million of equipment in each fiscal year during each acquisition period. Each item 538 Regular City Council Meeting December 16, 2004 Page 539 of equipment acquired under the agreement will be identified and the terms of the lease arrangement identified in an appendix to the Master Lease Agreement. Items of equipment to be acquired by the City should be paid by the selected firm within ten business days of the City's written notification and the City furnishing appropriate documentation required in the agreement. This financing is not structured as a "revolving" line of credit. FISCAL IMPACT: A municipal lease -purchase represents a year-to-year commitment on the part of a municipality to make lease payments, not a commitment to pay debt service. In other words, lease -purchases are not considered debt and therefore, are not subject to the limitations placed on debt by state and local laws. Staff expects to finance the costs of acquiring equipment totaling approximately $7 million through September 30, 2005, plus an extension of the agreement at the City's option for two one-year periods of approximately $7 million for each one-year extension. The term of the acquisition period will not extend beyond September 2007 and will not exceed $21 million, unless mutually agreed by the City and the selected firm. Staff recommended approval of this resolution. (26.) Resolution No. 2004-RO585 - BID #04-183/BM—for Pre -Engineered Metal Building at the Southeast Recycling Center (Public Works). RESOLUTION NO. 2004-RO585 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 pre- engineered metal building at the Southeast Recycling Center, Bid #183-04/BM, by and between the City of Lubbock and G. Greenstreet, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16th day of December, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 16th day of December, 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 539 Regular City Council Meeting December 16, 2004 Page 540 OWNER, and G. GREENSTREET, INC., of the City of Lubbock, Texas, 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 #04-183-BM - PRE -ENGINEERING METAL BUILDING AT THE SOUTHEAST RECYCLING CENTER - $154,500 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. CITY OF LUBBOCK, TEXAS (OWNER) G. GREENSTREET, INC. By: Marc McDougal Mayor ATTEST: /s! Rebecca Garza APPROVED AS TO CONTENT: /s/ Wood Franklin Owner's Representative By: /s/ Mike Vasquez PRINTED NAME: Mike Vasquez TITLE: Vice President COMPLETE ADDRESS: G. GREENSTREET, INC. 112 East 72nd Street Lubbock, Texas 79404 ATTEST: APPROVED AS TO FORM: Corporate Secretary /s/ Don Vandiver City Attorney This project involves the construction of a permanent facility for Solid Waste Management to house a recycling baler, provide storage of recycled items that are not accepted locally, and provide a work area for the repair of dumpsters and small equipment. The project includes a pre-engineered 100-foot by 60-foot metal building, a concrete slab, and complete electrical and mechanical systems. Time for completion is 180 consecutive calendar days and liquidated damages are $1,000 per day. One hundred thirty-six local contractors and subcontractors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $330,000 was appropriated with $166,958 available in Project 90062 (Recycling Drop Off Center) for this purpose. 540 Regular City Council Meeting December 16, 2004 Page 541 Staff recommended contract award to G. Greenstreet, Inc. of Lubbock, Texas for $154,500. The next item considered was Item 24. ORDINANCES FOR PASSAGE Second Reading Items 27-30D were considered following Item 24. (27.) ORDINANCE NO. 2004-00150—Reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the North Overton Public Improvement District; approving, adopting and filing with the City Secretary the Assessment Role; closing the hearing and levying assessments for the cost of certain services and/or improvements to be provided in the District during 2005 (Business Development) (second and final reading). ORDINANCE NO.2004-00150 AN ORDINANCE REVIEWING CLASSIFICATIONS FOR THE METHODS OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND IMPROVEMENTS OF PROPERTY IN THE NORTH OVERTON PUBLIC IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT DURING 2005; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; AND PROVIDING FOR THE COLLECTION OF THE ASSESSMENT. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on second and final reading Ordinance No. 2004-00150 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. (28.) ORDINANCE NO. 2004-00149—Establishing classifications for apportionment of costs and the methods of assessing special benefits for the services and improvements of property in the North Point Public Improvement District; approving, adopting and filing with the City Secretary the Assessment Role; closing the hearing and levying assessments for the cost of certain services and/or improvements to be provided in the District during 2005 (Business Development) (second and final reading). ORDINANCE NO.2004-00149 AN ORDINANCE ESTABLISHING CLASSIFICATIONS FOR THE APPORTIONMENT OF COSTS AND THE METHODS OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND IMPROVEMENTS OF PROPERTY IN THE NORTH POINT PUBLIC IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT DURING 2005; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Council Member Jones, seconded by Council Member Price to pass on second and final reading Ordinance No. 2004-00149 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. MINI Regular City Council Meeting December 16, 2004 Page 542 (29•) ORDINANCE NO. 2004-00147—ZONE CASE NO. 3026 (southwest corner of Slide Road and 103rd Street): Consider the request of N. Cinc Development (for Slide Road-98th Joint Venture) for a zoning change from T to C-4 for a retail store and shops on an unplatted Tract out of Section 25, Block E-2, (second and final reading). This item was continued. Mayor McDougal requested that this item be continued until first Council meeting in January 2005. ADMINISTRATIVE SERVICES Human Resources (30.) Resolution No. 2004-RO587 authorizing the Mayor to execute a contract by and between the City and ICON Benefits Administrators, II, L.P. for health insurance claims administration, employee medical care clinic and for cafeteria plan administration. RESOLUTION NO.2004-RO587 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 enter into an Administrative Services Agreement by and between the City of Lubbock and ICON Benefits Administrators, II, L.P. for health insurance claims administration, an employee medical care clinic and cafeteria plan administration. Such agreement is attached hereto and incorporated herein and into the minutes of the Council as though set forth fully therein. Passed by the City Council this 16th day of December, 2004. /S/ MARC MCDOUGAL Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Matthew L. Wade _ Matthew L. Wade Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2004-R0587. The City provides medical, prescription, and dental coverage for all full- time City employees. Employees have the option to purchase medical, prescription, and dental coverage for an eligible spouse and/or eligible dependent. Full-time employees may also participate in the cafeteria plan that includes a premium only plan, an unreimbursed medical account, and a dependent care account. Retirees have the option to purchase medical, dental, and prescription coverage for themselves and eligible dependents. ICON Benefit Administrators has provided the claims administration services for the health plan and cafeteria plan since January 1, 2004. Fees for claims administration remains the same as in the 2004 plan year, approximately $690,000. 542 Regular City Council Meeting December 16, 2004 Page 543 FISCAL IMPACT: The ICON administration fee remains unchanged for plan year 2004. This amount was budgeted in the Health Benefits Fund for fiscal year 2004-05. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO587 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren recused himself (30A.) Resolution No. 2004-RO588 authorizing the Mayor to execute a contract by and between the City and Q-elements for care management services. RESOLUTION NO. 2004-RO588 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 enter into a contract by and between the City of Lubbock and Highmark Life Insurance Company for stop loss insurance. Such agreement is attached hereto and incorporated herein and into the minutes of the Council as though set forth fully therein. Passed by the City Council this 16th day of December, 2004. /S/ MARC MCDOUGAL Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2004-R0588. The City of Lubbock provides medical, prescription and dental coverage for all full-time City of Lubbock employees. Employees have the option to purchase medical, prescription, and dental coverage for an eligible spouse and/or eligible dependent. Full-time employees may also participate in the cafeteria plan that includes a premium only plan, an unreimbursed medical account and a dependent care account. Retirees have the option to purchase medical, dental, and prescription coverage for themselves and eligible dependents. Q-elements have administered the health plan's managed care program since January 1, 2004. Q-elements provides utilization review, maternity management, large case management and disease management programs. Q-elements focuses not only on the catastrophically ill, but also on disease prevention, wellness promotion, and assisting members with questions about their health issues. Q-elements pricing for plan year 2005 remains the same as the prior year, about $122,544. 543 Regular City Council Meeting December 16, 2004 Page 544 FISCAL IMPACT: Q-elements pricing for plan year 2005 remains the same as the prior year, approximately $122,544. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO588 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren recused himself. (30B.) Resolution No. 2004-RO589 authorizing the Mayor to execute a contract by and between the City and Systemed, L.L.C. through Medco Health for a prescription drug benefits program. RESOLUTION NO.2004-RO589 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 enter into a contract by and between the City of Lubbock and Systemed, L.L.C. through Medco Health for a prescription drug benefits program. Such agreement is attached hereto and incorporated herein and into the minutes of the Council as though set forth fully therein. Passed by the City Council this 16th day of December, 2004. /S MARC MCDOUGAL Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2004-R0589. The City of Lubbock provides medical, prescription and dental coverage for all full-time City of Lubbock employees. Employees have the option to purchase medical, prescription, and dental coverage for an eligible spouse and/or eligible dependent. Full-time employees may also participate in the cafeteria plan that includes a premium only plan, an unreimbursed medical account and a dependent care account. Retirees have the option to purchase medical, dental, and prescription coverage for themselves and eligible dependents. Medco Health has provided the prescription drug benefit since January 1, 2004. For 2005, Medco is proposing a formulary. Implementing the formulary will result in an anticipated savings to the City of $429,858. The 2005 prescription drug costs are estimated at $2,544,200. FISCAL IMPACT: Implementing the formulary will result in an anticipated savings to the City of $429,858. The 2005 prescription drug costs are estimated at $2,544,200. 544 Regular City Council Meeting December 16, 2004 Page 545 Staff recommended approval of this resolution. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO589 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren recused himself. (30C.) Resolution No. 2004-RO590 authorizing the Mayor to execute a contract by and between the City and AIG Insurance Company for organ transplant insurance. RESOLUTION NO.2004-RO590 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 enter into a contract by and between the City of Lubbock and AIG Insurance Company for organ transplant insurance. Such agreement is attached hereto and incorporated herein and into the minutes of the Council as though set forth fully therein. Passed by the City Council this 16th day of December, 2004. /S MARC MCDOUGAL Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2004-R0590. The City of Lubbock provides medical, prescription and dental coverage for all full-time City of Lubbock employees. Employees have the option to purchase medical, prescription, and dental coverage for an eligible spouse and/or eligible dependent. Full-time employees may also participate in the cafeteria plan that includes a premium only plan, an unreimbursed medical account and a dependent care account. Retirees have the option to purchase medical, dental, and prescription coverage for themselves and eligible dependents. ICON has recommended that the City add a transplant program through AIG Insurance Company. The transplant program pays 100% of all transplant related costs from the 1" dollar up to $1,000,000 at network facilities. The benefit begins at evaluation stage and extends 365 days after the transplant, covering virtually all of the catastrophic claims associated with transplants. There are no deductibles or co-insurance paid by the insured. FISCAL IMPACT: The annual premium for the transplant policy is $148,277. Staff recommended approval of this resolution. 545 Regular City Council Meeting December 16, 2004 Page 546 Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO590 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren recused himself. (30D.) Resolution No. 2004-RO591 authorizing the Mayor to execute a contract by and between the City and Highmark Life Insurance Company for stop loss insurance. RESOLUTION NO.2004-RO591 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 enter into a contract by and between the City of Lubbock and Highmark Life Insurance Company for stop loss insurance. Such agreement is attached hereto and incorporated herein and into the minutes of the Council as though set forth fully therein. Passed by the City Council this 16th day of December, 2004. /S / MARC MCDOUGAL Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Natural Resources Attorney The City of Lubbock provides medical, prescription and dental coverage for all full-time City of Lubbock employees. Employees have the option to purchase medical, prescription, and dental coverage for an eligible spouse and/or eligible dependent. Full-time employees may also participate in the cafeteria plan that includes a premium only plan, an unreimbursed medical account and a dependent care account. Retirees have the option to purchase medical, dental, and prescription coverage for themselves and eligible dependents. The stop loss insurance (umbrella policy) is currently provided through Pan American Insurance Company. Based on quotations received by ICON on the City's behalf, staff recommended changing stop loss carries from Pan American to Highmark. Highmark will provide stop loss coverage at $150,000 per person with an aggregate limit of approximately $14,732,167 and is priced $88,297 lower than the proposed Pan American quotation. The annual premiums for stop loss coverage are approximately $539,556. The 2005 health plan costs are estimated by ICON to be $16,173,704. The City's portion of the overall cost is $9,793,478. The budget was increased by 13% for the medical coverage and 11 % for the dental coverage. If premiums paid by City employees and retirees in plan year 2005 are not increased, the Health Benefits Fund will be reduced by approximately $2.6 million to offset the increase in fixed costs at September 30, 2005. 546 Regular City Council Meeting December 16, 2004 Page 547 In plan year 2005, the Health Benefits Fund will support a new medical care clinic. The approximate first year cost for the clinic will be a minimum of $726,000. Staff believes that the City's claims expenditures will reduce by at least this amount. Therefore, the ICON contract guarantees that savings to the medical plan will offset the clinic costs over a 2-year period or ICON will reimburse the City for all expenses above our costs. The clinic is at no cost to employees and retirees or their dependents that are covered under the City's health plan. FISCAL IMPACT: If premiums paid by City employees and retirees in plan year 2005 are not increased, the Health Benefits Fund will be reduced by approximately $2.6 million to offset the increase in fixed costs at September 30, 2005. A substantial increase in contribution rates is expected for the fiscal year 2005-2006 budget in order to maintain a financially prudent 3-month cash reserve in this fund. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tem. Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO591 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren recused himself. (31.) Resolution No. 2004-R approving Request No. 2004-1 for an exception to the City of Lubbock Group Health Plan. This item was deleted. (31A.) Ordinance No. 2004-0 authorizing the Mayor to execute an ordinance amending section 5 of Ordinance #10007. This item was deleted. Parks and Recreation (32.) Resolution No. 2004-RO592 approving a Change Order with David Wood Construction in the amount of $83,711 for the Mackenzie Amphitheater and Mackenzie Border Fence project. RESOLUTION NO.2004-RO592 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order with David Wood Construction in the amount of $83,711 for the Mackenzie Amphitheater and Mackenzie Border Fence projects. Said Change Order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of December, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton Parks and Recreation Director 547 Regular City Council Meeting December 16, 2004 Page 548 APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney On May 6, 2004 the City Council approved Resolution No. 2004-R0233 whereby the City of Lubbock gave a partial release and surrender of leasehold to the Panhandle -South Plains Fair Association. The transaction included the approval of a utility easement for a water line to serve Mackenzie Park Amphitheater on the land owned by the Panhandle -South Plains Fair Association (PSPFA) as well as the partial release and surrender of leasehold on the land where several buildings are located adjacent to the amphitheater. The transaction necessitated several changes to the Mackenzie Amphitheater project that was already under construction at the time. First, the main entrance was originally located in the area of the buildings that were surrendered to the PSPFA. Therefore, the main entrance had to be relocated. Second, the new property line reduces by over half the available seating at the top of the seating bowl as originally designed. This "lost" seating and the credit for not constructing it is being applied to the grass slope at the top of the lower seating bowl in order to improve seating at that location. Third, the original property line separating the PSPFA from Mackenzie Park is delineated by fencing to prevent trespassing. Through discussions with Herb Higgs, Manager of the PSPFA, it was learned that the PSPFA intends to utilize the main "precinct" building as a rental facility and to use the area in back of it for additional parking. Therefore, a 240-plus linear -foot screening wall is needed at the property line to keep noise and headlights from the PSPFA from interrupting performances at the amphitheater as well as to prevent trespassing. A change in scope of the original construction project is needed to address the issues resulting from the partial release and surrender of leasehold. ITEM Increase Construction Days Seating Change $17,637 43 days Border Fence $66,074 104 days TOTAL $83,711 147 Days FISCAL IMPACT: Funding for this change order is proposed to come from two sources. The first source is the Mackenzie Amphitheater project #9145, which has a remaining balance of $21,095 that will adequately cover the expenses related to the amphitheater seating. The second source is the Mackenzie Border Fence Project #9196 that has a remaining balance of $210,579, which will more than adequately cover the new border fence to separate Mackenzie Park from the PSPFA. Staff recommended approval of this resolution. City Manager, Lou Fox, stated that there was a change order because he realized this work was not pre -approved by the City Council and he apologized. There were mistakes made and he has addressed the issues. He recommended the City Council approve the change order and assured them that this mistake would not happen again. Motion was made by Council Member DeLeon, seconded by Council Member Jones to pass Resolution No. 2004-R0592 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Gilbreath voted Nay. Regular City Council Meeting December 16, 2004 Page 549 MISCELLANEOUS Business Development (33.) Resolution No. 2004-RO593 amending the guidelines and criteria for Industrial Tax Abatement Agreements in accordance with the Property Redevelopment and Tax Abatement Act. RESOLUTION NO.2004-RO593 WHEREAS, in September of 2003, the City approved Guidelines and Criteria Governing for Industrial Tax Abatement Agreements; and WHEREAS, the guidelines and criteria, once adopted by an Affected Jurisdiction, under the terms of the Property Redevelopment and Tax Abatement Act, may be amended by a vote of three -fourths of the members of the governing body during the two-year term in which the guidelines and criteria are effective; and WHEREAS, the City of Lubbock desires to amend these guidelines and criteria at this time; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby amends the 2003 Guidelines and Criteria Governing Industrial Tax Abatement Agreements, as follows: 1. Section IV. Criteria and Guidelines for Tax Abatement is amended to add Subsection 7 (c) which shall read: 4'7. (c) Facilities located within the certificated territory of the City's municipally owned electric utility, Lubbock Power and Light (LP&L) must utilize LP&L for electrical services during the term of the abatement, so long as LP&L's rates are competitive on a state-wide basis." 2. A new section, Section VIII. Default Options is added which shall read: "SECTION VIII. Default Options 1. In the event that the applicant, owner or lessee has entered into a tax abatement agreement to make improvements as defined in Section IV.2 above, but fails to undertake or complete such improvements; fails to create all or a portion of the new jobs provided by the Tax Abatement Agreement; or is in default of any of the terms or conditions contained in the Tax Abatement Agreement; then in such event the Affected Jurisdiction to whom the application for tax abatements was directed shall give the applicant or owner sixty (60) days notice of such failure. The applicant or owner shall demonstrate to the satisfaction of the Affected Jurisdiction above mentioned that the applicant or owner has commenced to cure such failure within the sixty (60) days above mentioned. In the event the applicant owner, or lessee fails to demonstrate that he is taking affirmative action to cure his failure, the Affected Jurisdiction shall have three options: (a) The Affected Jurisdiction may renegotiate the Agreement with the applicant, owner or lessee, in which case the current Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones shall apply to the new Agreement; or (b) The Affected Jurisdiction may determine that good cause exists to cancel the Agreement and all abatement of taxes shall terminate immediately; or (c) The Affected Jurisdiction may terminate the Agreement and recapture taxes abated under Section VIII. Recapture. 2. In any of the three options in subparagraph 1 above, the Affected Jurisdiction to which the application for tax abatement was directed shall determine whether default has occurred by the applicant, owner or lessee in the terms and conditions of the Tax Abatement Agreement 549 Regular City Council Meeting December 16, 2004 Page 550 and shall so notify all other Affected Jurisdictions. Cancellation or termination of the Tax Abatement Agreement by the Affected Jurisdiction to which the application for tax abatement was directed shall constitute simultaneous action to all Tax Abatement Agreements of all other Affected Jurisdictions." 3. Section VIII. Recapture is renumbered Section IX. 4. Section IX. Miscellaneous is renumbered Section X. Passed by the City Council this 16th day of December, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison, Director of Business Development APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section This amendment will add two items to the Industrial Tax Abatement Guidelines and Criteria that were adopted on September 18, 2003 by the City Council. The first item added requires that all companies granted tax abatements utilize Lubbock Power and Light as their electric utility during the term of the tax abatement. The second addition to the guidelines is a section detailing the options the City has in taking action with companies who are in default on their tax abatement contracts and explaining the procedures that will be followed. The options are: 1) to renegotiate the contract under the current guidelines; 2) cancel the agreement; and 3) terminate the agreement and recapture the abated taxes. Because this is an amendment to the guidelines in the middle of the two-year term, this item requires a three -fourths vote of the City Council to approve. FISCAL IMPACT: No fiscal impact. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to pass Resolution No. 2004-RO593 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (34.) Resolution No. 2004-RO594 amending the guidelines and criteria for Commercial Tax Abatement Agreements in accordance with the Property Redevelopment and Tax Abatement Act. RESOLUTION N0. 2004-RO594 WHEREAS, in September of 2003, the City approved Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones in the City of Lubbock; and WHEREAS, the guidelines and criteria, once adopted by an Affected Jurisdiction, under the terms of the Property Redevelopment and Tax Abatement Act, may be 550 Regular City Council Meeting December 16, 2004 Page 551 amended by a vote of three -fourths of the members of the governing body during the two-year term in which the guidelines and criteria are effective; and WHEREAS, the City of Lubbock desires to amend these guidelines and criteria at this time; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby amends the 2003 Guidelines and Criteria for Commercial Projects in Designated Enterprise Zones„ as follows: 3. Section IV. Criteria and Guidelines for Tax Abatement is amended to add Subsection 6 (d) which shall read: 647. (c) Facilities located within the certificated territory of the City's municipally owned electric utility, Lubbock Power and Light (LP&L) must utilize LP&L for electrical services during the term of the abatement, so long as LP&L's rates are competitive on a state-wide basis." 4. A new section, Section VIII. Default Options is added which shall read: "SECTION VIII. Default Options 3. In the event that the applicant, owner or lessee has entered into a tax abatement agreement to make improvements as defined in Section IV.2 above, but fails to undertake or complete such improvements; fails to create all or a portion of the new jobs provided by the Tax Abatement Agreement; or is in default of any of the terms or conditions contained in the Tax Abatement Agreement; then in such event the Affected Jurisdiction to whom the application for tax abatements was directed shall give the applicant or owner sixty (60) days notice of such failure. The applicant or owner shall demonstrate to the satisfaction of the Affected Jurisdiction above mentioned that the applicant or owner has commenced to cure such failure within the sixty (60) days above mentioned. In the event the applicant owner, or lessee fails to demonstrate that he is taking affirmative action to cure his failure, the Affected Jurisdiction shall have three options: (a) The Affected Jurisdiction may renegotiate the Agreement with the applicant, owner or lessee, in which case the current Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones shall apply to the new Agreement; or (b) The Affected Jurisdiction may determine that good cause exists to cancel the Agreement and all abatement of taxes shall terminate immediately; or (c) The Affected Jurisdiction may terminate the Agreement and recapture taxes abated under Section VIII. Recapture. 4. In any of the three options in subparagraph 1 above, the Affected Jurisdiction to which the application for tax abatement was directed shall determine whether default has occurred by the applicant, owner or lessee in the terms and conditions of the Tax Abatement Agreement and shall so notify all other Affected Jurisdictions. Cancellation or termination of the Tax Abatement Agreement by the Affected Jurisdiction to which the application for tax abatement was directed shall constitute simultaneous action to all Tax Abatement Agreements of all other Affected Jurisdictions." 3. Section VII. Recapture is renumbered Section VIII. 4. Section VIII. Miscellaneous is renumbered Section IX. 551 Regular City Council Meeting December 16, 2004 Page 552 Passed by the City Council this 16th day of December, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ nob Allison Rob Allison, Director of Business Development APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section This amendment will add two items to the Commercial Tax Abatement Guidelines and Criteria that were adopted on September 18, 2003 by the City Council. The first item added requires that all companies granted tax abatements utilize Lubbock Power and Light as their electric utility during the term of the tax abatement. The second addition to the guidelines is a section detailing the options the City has in taking action with companies who are in default on their tax abatement contracts and explaining the procedures that will be followed. The options are: 1) to renegotiate the contract under the current guidelines; 2) cancel the agreement; and 3) terminate the agreement and recapture the abated taxes. Because this is an amendment to the guidelines in the middle of the two-year term, this item requires a three -fourths vote of the City Council to approve. FISCAL IMPACT: No fiscal impact. Staff recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Council Member Price to pass Resolution No. 2004-R0594 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Water Utilities (35.) Resolution No. 2004-R authorizing the Mayor to execute a statement of intent for the City to participate with the other member cities of the Canadian River Municipal Water Authority to finance revenue bonds for the Conjunctive Use Groundwater Supply Project. This item was deleted. (36.) Resolution No. 2004-R authorizing the Mayor to execute an amendment to the existing Conjunctive Use Groundwater Supply agreement between the City and the Canadian River Municipal Water Authority to finance revenue bonds for the Conjunctive Use Groundwater Supply Project. This item was deleted. 552 Regular City Council Meeting December 16, 2004 Page 553 PLANNING AND TRANSPORTATION Right -of -Way (37.) Resolution No. 2004-RO595 authorizing the Mayor Pro Tem to execute an agreement with McCanton Woods, LTD for the drilling of a water well in Pioneer Park (2015 61h Street) and the conveyance of a Deed Without Warranty for a tract of land in Lot 10, Block 108, Overton Addition to the City of Lubbock (501 Avenue S). RESOLUTION NO. 2004-0595 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and McCanton Woods, LTD, to drill and complete a new water well in Pioneer Park in exchange for the City conveying to it the Original Well and Original Well Lands, and any associated documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of December, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rcbecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Director of Public Works /s/ Rand v Truesdell Randy Truesdell Community Services Director APPROVED AS TO FORM: /s/ Richard Casner Richard Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0595. This resolution authorizes the Mayor Pro Tern to execute an agreement with McCanton Woods, LTD for the drilling of a water well in Pioneer Park in exchange for the conveyance of a Deed Without Warranty to them for a 20-foot by 20-foot tract of land located on the east side of Lot 10, Block 108, Overton Addition. This tract of land is needed as part of their Tract 14 Overton Park Addition replat. In 1964 the City acquired this tract of land just south of 5t' Street and east of Avenue S for a water well site. The well was drilled and put into use and at present is not being used. The local government code allows the City to sell small uneconomic tracts of land to the abutting property owner for market value. The Right -of -Way Department has valued this parcel at $400 plus the value of any improvements on the property. In exchange for this tract of land, 553 Regular City Council Meeting December 16, 2004 Page 554 McCanton Woods, LTD is going to drill the City a new well and plug the old well, valued at approximately $10,000. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass Resolution No. 2004-RO595 as recommended by staff. Motion carried: 6 Yeas, 0 Nay. Mayor McDougal recused himself. (38.) Resolution No. 2004-RO596 authorizing the Right -of -Way Department to make an offer to Universal Gateway, LTD, a Texas Limited Partnership, for the south 50-feet of Lots 7-12, Block 33, Overton Addition to the City of Lubbock (1923 4th Street, rear). RESOLUTION NO.2004-RO596 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the implementation of the North Overton Tax Increment Finance Reinvestment Zone Project Plan, as amended; and WHEREAS, the City Council has reviewed the Redevelopment Policies and the Tax Increment Financing Policies and has determined that it is in the public interest to proceed with the acquisition of lands as needed for the purposes above stated and that to the extent that the acquisition may be in contradiction to theses policies, that these policies are superceded; and WHEREAS, the City Council has determined that, as provided for in Section 2.1 of City Council Resolution 2002-RO258, that special circumstances do exist to authorize the acquisition of the below described property and, if necessary, authorize condemnation proceedings (eminent domain), such special circumstances being: In order to properly implement the North Overton Tax Increment Finance Reinvestment Zone Project Plan, as -' amended, it is necessary to acquire the real property described below to facilitate on -site traffic flow and to remove commercial vehicular and truck traffic from the neighborhood; and WHEREAS, the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple interest to the real property further described as the South 50-feet of Lots Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), and Twelve (12), Block Thirty -Three (33), Overton Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 18, Page 610, Deed Records, Lubbock County, Texas; in Volume 19, Page 56, Deed Records, Lubbock County, Texas; and in Volume 19, Page 568, Deed Records, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Universal Gateway, Ltd., a Texas limited partnership, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $ 168,750.00 which is the amount appraised as the value and total damages for the fee simple interest, for the use & benefit of the City of Lubbock, Texas, for the purposes herein stated; and SECTION 3. THAT unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple interest. 554 Regular City Council Meeting December 16, 2004 Page 555 Passed by the City Council this 16th day of December, 2004. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Senior Attorney/Office Practice Section The City is in the process of implementing the North Overton Tax Increment Finance Reinvestment Zone Project. Located along the south portion of 1923 4`h Street is a commercial building and parking area owned by Universal Gateway, LTD that is needed for this project. The legal description of this area to be acquired is the south 50-feet of Lots 7, 8, 9, 10, 11, and 12, Block 33, Overton Addition. Merle Blosser, M.A.I., appraised this property at $168,750.00, which is the offer to Universal Gateway, LTD. This resolution also authorizes the City, pursuant to section 311.008 of the Tax Increment Financing Act, to institute condemnation proceedings to acquire this property if the City's offer is refused. FISCAL IMPACT: The acquisition of this property is consistent with finance and project plans adopted by the Board of Directors of the North Overton Tax Increment Finance Reinvestment Zone and approved by the City Council. Funding for this acquisition will be from the TIF Fund. The Right -of -Way Department recommended approval of this resolution. Motion was made by Council Member DeLeon, but there was no second. Council Member Jones asked to amend the resolution. Mayor Pro-Tem Martin stated that it would need to be seconded, and the motion dies because of no second. Motion was made by Council Member Jones, seconded by Council Member Price to pass Resolution No. 2004-R0596 as follows: recommend approval with the finding of special circumstances in order to properly implement the North Overton Tax Increment Financial re -investment zone project plan as amended is necessary to acquire the real property described to facilitate on -site traffic flow and to remove commercial vehicular and truck traffic from the neighborhood in the amount of $168,750. Motion carried: 4 Yeas, 2 Nays. Council Members Gilbreath and Boren voted Nay. Mayor McDougal recused himself. Street Drainaue (38A.) Resolution No. 2004-R0597 ratifying and approving the letter agreement resolving the remaining disputed issues related to Line A-1 in Civil Action No. 5-03CV0269-C, Barnard Construction Co. Inc. v. the City of Lubbock, Texas. 555 Regular City Council Meeting December 16, 2004 Page 556 RESOLUTION NO.2004-RO597 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock ratifies and approves the Letter Agreement resolving the remaining disputed issues relating to Line A-1 in United States District Court for the Northern District of Texas, Lubbock Division, Civil Action No. 5- 03CV0269-C, Barnard Construction Co. Inc. v. City of Lubbock, Texas. Said Letter Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of December, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT AND FORM: /s/ Anita Burgess _ Anita Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0597. Matters not resolved by Summary Judgment in Civil Action No. 5-03CV0269-C, Barnard Construction Co. Inc. v. the City of Lubbock were set for trial on December Wh, 2004. A settlement was agreed upon prior to trial. The settlement involved only the amount of rock excavated on Line A-1 of the South Central Drainage Project. This settlement will allow severance of Line A-1 issues and the entry of an agreed judgment on matters relating to Line A-l. It is anticipated that Barnard will then pursue an appeal regarding issues ruled upon in the Court's Summary Judgment of September 28, 2004. FISCAL IMPACT: The settlement is for $176,082 plus prejudgment interest. The City Attorney recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tern Martin to pass Resolution No. 2004-RO597 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38B.) Resolution No. 2004-RO598 authorizing the Mayor to sign an amendment to the South Central Lubbock Drainage Improvements Contract (BID #001-01/VK) between the City of Lubbock and Barnard Construction Company, Inc. dated June 14, 2001, to allow payment of Pay Application #26 without waiver of Barnard's rights in Civil Action no. 5-03CV0269-C. RESOLUTION NO.2004-RO598 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the South Central Lubbock Drainage Improvements Contract (BID #001-01/VK) between the City of Lubbock and Barnard Construction Company, Inc. dated June 14, 2001. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 556 Regular City Council Meeting December 16, 2004 Page 557 Passed by the City Council this 16th day of December, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of the Amendment is filed with Resolution No. 2004-R0598. Matters not resolved by Summary Judgment in Civil Action No. 5-03CV0269-C, Barnard Construction Co. Inc. v. the City of Lubbock were set for trial on December 61h, 2004. A settlement was agreed upon prior to trial. The settlement involved only the amount of rock excavated on Line A-1 of the South Central Drainage Project, and was considered by the City Council on Agenda Item 38A. Part of the discussion between attorneys for the parties was resolution of the last undisputed payment due Barnard Construction Co., Inc. Barnard asks for assurance that acceptance of the final payment not operate to extinguish their pending litigation in Civil Action no. 5-03CV0269-C. The attached contract amendment operates to allow payment of the undisputed amounts due without impacting the current litigation. Barnard's acceptance of the final payment will constitute their approval of this amendment. FISCAL IMPACT: None. The City Attorney recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tern Martin to pass Resolution No. 2004-RO598 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PUBLIC WORKS Water/Sewer (39.) Resolution No. 2004-R authorizing the separation of Water/Sewer Utility Services from Public Works, and allowing the reorganization of services within Planning and Transportation, Public Works, and Water/Sewer Utility Services (Tom Adams, Deputy City Manager). This item was deleted. (40.) Consider approval of a draft scope of engineering services for Waste Water Treatment and Reclamation Facility improvements, authorizing staff to negotiate a final scope of services with Black and Veatch including engineering cost estimates, and instruct staff to bring the final scope of services back to the Lubbock Water Commission and the City Council in January 2005. 557 Regular City Council Meeting December 16, 2004 Page 558 Early this fall, City Council requested that staff bring back by November 1, 2004 a time frame for addressing wastewater treatment issues, and for wastewater treatment and reclamation facility improvements. The time frame for moving forward was lengthy, and even Black and Veatch requested about 60 days to develop a scope of services. In part the length was impacted by the complexity of both the wastewater and the water supply issues. In accordance with direction given, staff has designed a draft scope of services in order to reduce the time required to move this project ahead in a timely manner. Staff has tried to develop this draft in order to move the project forward and in order to incorporate Lubbock Water Commission and City Council priorities into the project. The draft scope of services is as follows: Part I - Waste Water Treatment and Reclamation Facility Improvements • Preliminary Engineering Report — 3 months to complete. • Cost estimates for improvements. • Schedule of the proposed improvements. • Design memorandum establishing plant performance goals, design options, cost evaluations, and recommendations. Part II — Waste Water Treatment and Reclamation Facility Improvements • Plans, Specifications, and Bids — 12 months to complete (follows after Part I). • Design facility improvements. • Prepare facility improvement specifications. • Prepare construction time line. • Bid out project. Part III — Alternative Uses for Reclaimed Waste Water • Evaluate alternative uses for reclaimed water — 12 months to complete (concurrent study). • Industrial and commercial use. • Open space use (parks, golf courses, etc.). • Direct reuse. • Crop Irrigation (interim only). • Surface storage and naturalization. • Aquifer storage and naturalization. Part IV — Water Resource Master Plan • Develop a water resource master plan for water treatment, storage and supply — 12 months to complete (concurrent study). • Develop plans for water treatment. • Develop plans for water storage. • Pull together all plans into one report and refine cost estimates on water supply alternatives. By breaking the study into its component parts, the City can move forward in a timely manner on the projects and not waste additional time by trying to link all four areas together into one single contract. Black and Veatch can begin work immediately to finalize the scope of services for Part 1, and then Lubbock Water Commission and City Council review and authorization can allow this first step to move forward in January. 558 Regular City Council Meeting December 16, 2004 Page 559 FISCAL IMPACT: The financial cost of these projects has not yet been determined. These costs will be presented to Council as a final scope of services is presented on each part. Staff recommended approval. Motion was made by Mayor Pro Tem Martin to approve this item with the addition of the scope of services to include a preliminary rate study on what effect these proposed improvements would have on the sewer and water rates of the city, seconded by Council Member DeLeon to pass Item 40 as follows: Motion carried: 7 Yeas, 0 Nays. Council Member Gilbreath stated that for the sake of people watching this on TV, they need to understand that we are taking steps to identify all the issues we need to work on in solving our water supply/ground water re -use issues. BOARD APPOINTMENTS (41.) Consider appointments to the Permit & License Appeal Board. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to reappoint Helen Payne and David Tate to the Permit & License Appeal Board. Motion carried: 7 Yeas, 0 Nays. (42.) Consider appointments to the Central Business District TIF. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to appoint Tony Cardinal and reappoint Bob Greenhill to the Central Business District TIF. Motion carried: 7 Yeas, 0 Nays. (43.) Consider an appointment to the Lubbock Emergency Communications District. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to appoint George Ewing to the Lubbock Emergency Communications District. Motion carried: 7 Yeas, 0 Nays. 10:05 A. M. WORK SESSION CONVENED Items 46 and 44 were addressed. 10:33 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION All council members were present. 1:00 P. M. CITY COUNCIL WORK SESSION RECONVENED Committee Room 103 All Council members were present except for Mayor Pro Tem Martin and Council Member Gilbreath. Items 45, 47, and 48 were addressed at this time. (44.) Presentation of a new marketing video, "Lubbock Economic Development Alliance Lubbock Video". This item followed Item 46 (in the morning). Gary Lawrence with the Lubbock Economic Development Alliance presented a video, "Lubbock, the Giant Side of Texas", that involved marketing Lubbock. Mayor McDougal asked Dixon Platt to make sure the video is added to Channel 2 to run several times a day for a while. (45.) Discuss plans for a new facility and expanded services at the Guadalupe Neighborhood Center, including cost estimates and funding options. This item was requested by Council Member DeLeon. 559 Regular City Council Meeting December 16, 2004 Page 560 Judy Crumbley Williams, Board Chairperson Guadalupe/Parkway Neighborhood Centers, Coy Howell, Greenstreet Construction, and Joe McKay, Architect presented a proposal to the City Council on what they would like to see done in the Guadalupe area. The projected cost of the neighborhood center is approximately $732,394. (46.) Parks Irrigation Project update. This item was addressed following Item 43 (in the morning). Ches Carthel, Water Planning Manager, spoke on how the central irrigation control system will be operated. Randy Truesdell, Community Services Director, gave an update on the Parks Irrigation Conversion Project. Phyllis Jones encouraged Texas Tech University, Lubbock Christian University, Lubbock Independent School District, and other entities to also be mindful of water conservation. The next item addressed was Item 44. (47.) Presentation regarding the United Texas Tour. This item was addressed following Item 45. Eddie Owens gave an overview on the United Texas Tour, presented a video and explained how vital it is for the community to pitch in and help support the needs of the Tour. He stated that the economical impact could exceed $50 million. Mayor McDougal suggested running the video on Channel 2. Randy Christian stated that Governor Perry will publicly endorse the Tour after the legislative session. Senator Duncan's office is coordinating the date that this public event will take place. (48.) Presentation of the Lubbock Chamber's legislative priorities. Eddie McBride, Chamber President & CEO, explained from a legislative perspective the issues of conducting good business in Lubbock. Steve Verett, Vice Chair of Public Affairs, presented the legislative issues that the Chamber of Commerce plans to carry forth in 2005. 2:23 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 this1:2�L day of C MC4)OUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary 560