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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/28/2006CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 28, 2006 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of September, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor David A. Miller, Mayor Pro Tem Jim Gilbreath, Council Member Linda DeLeon, Council Member Phyllis Jones, Council Member John Leonard, Council Member Floyd Price Absent: Council Member Gary O. Boren 1. CITIZEN COMMENTS 1.1. Robert Moore will appear to discuss the City budget, City spending, and traffic problems vs. Police Department. Mr. Moore was not present. 1.2. Norma Jean Morris will appear to discuss things that the law enforcement community does including certain experiences of living in Lubbock. Ms. Morris was not present. • Scott Stephenson addressed Council regarding the proposed noise ordinance. He is the owner of the amphitheater located on East 19th Street, and is concerned that this ordinance might pose a problem for his business. He requested a copy of the ordinance. 2. EXECUTIVE SESSION Mayor Miller 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 matters; and competitive matters of the public power utility, as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council Conference Room All council members were present, except Gary O. Boren. 2.1. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071, to discuss pending or contemplated litigation or settlement agreement, and hold a consultation with attorney (Finance, Fire Department, Solid Waste, Stormwater Utilities, Water Utilities). 2.2. 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 (Business Development, Right -of -Way, Visitors Center, Water Utilities). 2.3. 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. 2.4. 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 the Electric Utility Board, the Health/Educational Facilities Board of Directors, and the Urban Design/Historic Preservation Commission. Regular City Council Meeting September 28, 2006 2.5. Hold an executive session Code, Section 551.086, on Utilities): in accordance with V.T.C.A. Government the following competitive matters (Electric 2.5.1 to deliberate, vote and take final action on electric rates of Lubbock Power and Light; 2.5.2 to discuss, vote and take final action on 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; 2.5.3 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. 9:38 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Phyllis Jones; Council Member John Leonard; Council Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one Mayor Miller reconvened the meeting at 9:38 a. m. 3. PROCLAMATIONS AND PRESENTATIONS 3.1. Invocation by Pastor Bill Hendricks, Lubbockview Christian Church 3.2. Pledge of Allegiance to the Flags. Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. 3.3. Special recognition to recognize Courtney Sneed and her work in the Solid Waste Department. Mayor Miller presented special recognition to Courtney Sneed of the Solid Waste Department for a job well done and going the extra mile to serve the citizens of Lubbock. 3.4. Special recognition to recognize Professional Sanitarian and Environmental Health Specialist Week. Mayor Miller presented special recognition to the Professional Sanitarians and Environmental Health Specialists of the City of Lubbock for their role in our health and well-being of our citizens. They are responsible for safe water supplies, excellent air quality, proper waste disposal, and emergency preparedness at a moment's notice. Tommy Camden, Health Director, gave comments. 4. MINUTES 4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting, August 24, 2006; Special City Council Meeting, August 31, 2006. Motion was made by Council Member Leonard, seconded by Council Member Price to approve the minutes of the Regular city Council Meeting of August 24, 2006 and the Special City Council Meeting of August 31, 2006 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5. CONSENT AGENDA (Items 5 1, 5 3, 5.6-5.8, 5.12-5.13, 5.23) Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member Leonard to approve Items 5.1, 5.3, 5.6-5.8, 5.12-5.13, and 5.23 on consent agenda as recommended by staff. Motion carried: 7 Ayes, 0 Nays. NM Regular City Council Meeting September 28, 2006 5.1. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No. 2006-00100 Consider an ordinance abandoning and closing a 17.5-foot wide alley located in Block 1 McLarty Circle View Addition to the City of Lubbock, located at 6510 I-27. ORDINANCE NO.2006-00100 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 17.5 FOOT ALLEY LOCATED IN BLOCK 1, MCLARTY CIRCLE VIEW ADDITION TO THE CITY OF LUBBOCK, 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 was read for the first time at the September 13, 2006, City Council meeting as a consent agenda item. The ordinance abandons and closes a portion of a 17.5-foot wide alley located in Block 1 McLarty Circle View Addition, which is east of Avenue J between 65th Street and 66th Street. The requested closure is necessary to accommodate motel construction. Due to the dedication of similar easements, there will be no charge to the requestor for this closure. The total area of the alley being closed is 5,165.5 square feet and will remain as an underground utility easement. The requestor is dedicating 4,868.75 square feet of new alley in the re -plat. The Right -of -Way Department has calculated a value of two dollars per square foot from adjacent property land values for the alley area being closed for a value of $10,331 x 50% easement valuation for a total amount due the City of $5,166. The requestor is dedicating two separate alley areas in the re -plat for a total of 4,868.75 square feet which will be valued as a credit of $9,738 (4,868.75 square feet x $2 per square feet = $9,738). Therefore, there will be no charge to the requestor for this alley closure. All utility companies are in agreement with this alley closure. FISCAL IMPACT No fiscal impact is anticipated. Staff recommended approval of the second reading of this ordinance. 5.2. This item was moved from consent agenda to regular agenda and considered following Item 5.23. 5.3. Deed Without Warranty Resolution - Police: Resolution No. 2006-RO446 authorizing the Mayor to accept a conveyance "deed without warranty" from the United States Air Force for a 1.36 acre tract of land in Section 25, Block D-6, Abstract 403, Lubbock County, Texas, a portion of Former Reese Air Force Base and currently used by Police Department Training Academy at Reese Center. RESOLUTION NO.2006-RO446 BE IT RESOLVED BY THE CITY COUNCT' ''ITY OF LUBBOCK: THAT the Mayor of the City of t.uv and is hereby authorized and directed to accept a conveyance from the United States Air Force of that real property described in Exhibit A, attached hereto, and commonly known as a portion of the "Fomer Reese Air Force Base" and which is currently utilized by the City of Lubbock as its Police Academy. Further, that the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute a Conveyancing Document and all related documents. Said Conveyancing Document 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 City Council. 249 Regular City Council Meeting September 28, 2006 Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/Amy L. Sims Amy L. Sims Assistant City Attorney This deed without warranty involves the transfer of a 1.36 acre tract of land in Section 25, Block D-6, Abstract 403, Lubbock County, Texas. The building and property are used for the Police Training Academy at Reese Center. Resolution 2006-RO395 was passed at the August 24, 2006, City Council meeting for the transfer of the property. FISCAL IMPACT No fiscal impact is anticipated. Staff recommended approval of this resolution. 5.4. This item was moved from consent agenda to regular agenda and considered following Item 5.2. 5.5. This item was moved from consent agenda to regular agenda and considered following Item 5.4. 5.6. Repeal of Ordinance - City Manager's Office: Ordinance No. 2006-00102 amending Chapter 2 of the Code of Ordinances by repealing Section 2-259(d) and Ordinance 9965 regarding in -kind services for special and community events. ORDINANCE NO.2006-00102 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY REPEALING SECTION 2-259(d) AND ORDINANCE 9965 REGARDING IN -KIND SERVICES FOR SPECIAL/COMMUNITY EVENTS AND PROVIDING FOR PUBLICATION. At the January 9, 1997. City Council meeting, City Council approved Ordinance 9965, which c, - coded Chapter 2 of the Code of Ordinances of the City of Lubbock expanding the duties of the Parks and Recreation Advisory Board to include review of requests for in -kind services for special community events. The Special Events Policy was developed to track special event support and to monitor the increase of requests received from non-profit organizations for special events. The policy allocates up to $200,000 annually for in -kind services and 90% ($180,000) is earmarked for existing events, while the remaining 10% ($20,000) is targeted for new events. This ordinance amendment reassigns the duties of making recommendations on in -kind services from the Parks and Recreation Board to the City Manager and staff of the department providing the in -kind services. The new policy regarding in -kind services is provided. 250 Regular City Council Meeting September 28, 2006 FISCAL IMPACT In -kind services will be provided within the existing budget authority. The total dollar amount of in -kind services provided annually to special and community event organizers will be determined by executive management and departments providing services and will be reported to City Council monthly by the City Manager. Staff recommended approval of the first reading of this ordinance. 5.7. Repeal of Resolution - Public Works: Resolution No. 2006-RO447 to repealing Resolution No. 2005-RO131 which provided for abutting property owner assessments for paving improvements to portions of 98th Street from FM 1730 (Slide Road) to Frankford Avenue. RESOLUTION NO.2006-RO447 A RESOLUTION REPEALING RESOLUTION NO. 2005-RO131 WHICH PROVIDED FOR IMPROVEMENTS TO PORTIONS OF A STREET IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lubbock, by Resolution No. 2005- R0131 passed on March 24, 2005, in regular session of City Council, provided for improvements to portions of a street in the City of Lubbock, Texas, and along the boundaries of said city; and WHEREAS, Resolution No. 2005-RO131 additionally provided that the costs of making such improvements shall be partly paid for the by the City of Lubbock and partly by the owners of property abutting upon the said highways, streets, and avenues or portions thereof which were thereby ordered to be improved, and the cost to be paid by the owners to be a personal liability and charge against the true owners of such property, all in accordance with and as required by Subchapter D of Chapter 314 of the Texas Transportation Code; and WHEREAS, the portions of highways, streets, and avenues which were to be improved and the abutting property proposed to be assessed for said improvements are described as Unit and Sub -Unit 2388-001, 98th Street from FM 1730 (Slide Road) to Frankford Avenue; and WHEREAS, by direction of the City Council of the City of Lubbock, Resolution No. 2005-RO131 was recorded in the Real Property Records of Lubbock County, Texas; and WHEREAS, the City Council of the City of Lubbock has found that due to changed conditions it is necessary and advisable to revise the paving policy of the City of Lubbock by repealing Resolution No. 2005-RO131; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Resolution 2005-R0131, passed on March 24, 2005, is hereby repealed and held to be of no further force and effect. SECTION 2. THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this Resolution and to record or cause the same be recorded in the Real Property Records of Lubbock, County, Texas. SECTION 3. THAT this Resolution shall take effect and be in force from and after its passage. 251 Regular City Council Meeting September 28, 2006 Passed by the City Council the 281h day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/John M. Knight John M. Knight, Assistant City Attorney An assessment process was previously initiated related to the properties abutting 98th Street from FM 1730 (Slide Road) to Frankford Avenue. The assessment was continued through the first reading of the assessment ordinance, and an intent to pave resolution placed liens on the assessable properties. Prior to completion of the ordinance, City Council revised the paving policy to eliminate the prepaid paving requirement and other property owner participation in the cost of thoroughfare paving improvements. Since the assessment ordinance was only completed through one of the required three readings, no assessment was officially levied. This resolution will repeal the intent to pave resolution and will release the liens. FISCAL IMPACT Based on the new paving policy no fiscal impact is anticipated. Staff recommended approval of this resolution. 5.8. Development Agreement Resolution - Business Development: Resolution No. 2006-RO448 authorizing the Mayor to execute an agreement with Lubbock Shopping Center, Ltd. regarding the funding of public improvements in Phase One, Bond Issue Three, Project 206 of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone, as amended. RESOLUTION NO.2006-RO448 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of tl:e 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 Lubbock Shopping Center, Ltd. regarding the funding of public improvements in Phase One, Bond Issue Three, Project 206 of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone, as amended. 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. 252 Regular City Council Meeting September 28, 2006 Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Rob Allison Rob Allison, Assistant City Manager Development Services APPROVED AS TO FORM: /s/Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section Under this agreement with Lubbock Shopping Center, Ltd., the City agrees to dedicate and pledge the use of revenue in the Tax Increment Fund to directly participate in the cost of the public improvements for Phase One, Bond Issue Three, Project 206 of the Project Plan as recommended by the Board of Directors of the North Overton Tax Increment Finance (TIF) Reinvestment Zone. This Agreement delineates the division of funding for the public improvements as represented in Exhibit D (TIF participation) and Exhibit E (Developer participation). The total amount of tax increment financing for public improvements shown in Exhibit D is $1,300,416. The Project Plan "Exhibit C" is provided in supplemental agenda backup available in the City Secretary's Office. FISCAL IMPACT The City has issued bonds to fund this commitment. Staff recommended approval of this resolution. 5.9. This item was moved from consent agenda to regular agenda and considered following Item 5.5. 5.10. This item was moved from consent agenda to regular agenda and considered following item 5.9. 5.11. This item was moved from consent agenda to regular agenda and considered following Item 5.10. 5.12. Contract Resolution - Aviation: Resolution No. 2006-RO449 authorizing the Mayor to execute a contract with Johnson Controls, Inc. for security access control improvements at Lubbock Preston Smith International Airport, BID #06-714-BM. RESOLUTION NO.2006-RO449 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Johnson Controls, Inc., of Lubbock, Texas for security access control improvements at Lubbock Preston Smith International Airport, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. 253 Regular City Council Meeting September 28, 2006 Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/James Loomis James Loomis, Assistant City Manager for Transportation and Public Works APPROVED AS TO FORM: /s/Don Vandiver Don Vandiver, Attorney of Counsel The existing access control system (ACS) and closed circuit TV system (CCTV) at Lubbock Preston Smith International Airport have reached the end of their useful life and are in need of replacement. This contract involves upgrading the existing ACS with new head -end equipment including new computers, monitors, and associated hardware; the upgrade of the existing CCTV monitoring system; replacing existing CCTV and adding additional locations. FISCAL IMPACT This project will be paid with Passenger Facility Charge funds. A total of $650,000 has been appropriated in Capital Improvement Project 90400, Upgrade Access Control/CCTV. The additional $517,000 is being considered by the City Council on this agenda (Item 5.2). Staff recommended bid award to Johnson Controls Inc. of Lubbock, Texas for $965,403. 5.13. Contract Resolution - Community Development: Resolution No. 2006-RO450 authorizing the Mayor to execute a Community Development funding contract with Young Women's Christian Association of Lubbock to fund the facility renovation of YWCA Downtown. RESOLUTION NO.2006-RO450 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the Young Women's Christian Association of Lubbock Inc., to fund the facility renovation of YWCA Downtown, 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. 254 Regular City Council Meeting September 28, 2006 Passed by the City Council this 28 h day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Bill Howerton Bill Howerton, Jr. Community Development Director APPROVED AS TO FORM: /s/Amy Sims Amy Sims, Assistant City Attorney The Community Development and Services Board (CDSB) voted to recommend funding for this project on January 11, 2006, at their regularly scheduled meeting. Funding for this contract was approved by City Council at the March 9, 2006, City Council meeting during their annual reallocation of Community Development Block Grant (CDBG) funds. The first reading of a budget amendment for this contract was approved by Council on September 13, 2006. The YWCA is the recipient of these funds and will use the funds for renovation of its downtown facility located at 14th Street and Ave N. The funds are from the 2004-05 CDBG reallocated funds. Funds will only be used to install a fire sprinkler system in approved child care areas. Pursuant to the contract the city agrees to provide YWCA of Lubbock (Grantee) assistance from Department of Housing and Urban Development funds in an amount not to exceed $96,952. The Grantee must provide a 25% match to the project. At the completion of the project, the Grantee will be subject to the 25% payback requirement. Grantee will have the option of paying back the $24,238 in one lump sum 30 days after completion of the project or in equal payments for up to ten years at zero percent interest. The term of the contract is September 28, 2006, through September 30, 2007. The Community Development Funding Agreement between the City and the YWCA is provided in supplemental agenda backup available in the City Secretary's Office. FISCAL IMPACT The funds used are from the Community Development Block Grant. The maximum to be allocated to this project is $96,952. Staff recommended approval of this resolution. 5.14 — 5.22 These items were moved from consent agenda to regular agenda and considered following Item 5.11. 5.23. Contract Resolution - Parks: Resolution No. 2006-RO451 authorizing the Mayor to execute a contract with Danny Klein Construction, Inc. for post tension concrete slabs at McAlister Park, RFP #06-715-DD. 255 Regular City Council Meeting September 28, 2006 RESOLUTION NO.2006-RO451 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Danny Klein Construction, Inc., of Lubbock, Texas for post -tensioned concrete slabs, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 28th day of September 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Scott Snider Scott Snider, Assistant City Manager for Community Services APPROVED AS TO FORM: /s/Don Vandiver Don Vandiver, Attorney of Counsel This project involves the installation of post tension concrete slabs for a skate park and a Challenger League basketball court at McAlister Park. The project will also provide accessible sidewalks, parking improvements, and irrigation improvements. Texas Local Government Code Section 252.043(d-1) provides that a contract for certain types of construction projects that require an expenditure of $1.5 million or less may be awarded using the competitive sealed proposal procedure prescribed by Section 271.116 of the Texas Local Government Code. Using the competitive sealed proposal procedure is intended to help local governments attract contractors who otherwise may not have an interest in participating on the basis of low bid and gives us the ability to bring the project in within budget with the contractor who offers the best value. This is compared to an ITB that limits us to basing contract award on the lowest bid, which may be over budget requiring us either to search for additional funds or start the bid process all over. Selection criteria used in this RFP includes cost (35%), resume and references of proposed job superintendent (15%), list of items that could reduce cost of work (5%), insurance claims and litigation (5%), construction time (25%), subcontractors (10%), and phasing options (5%). The following general contractors submitted proposals and were evaluated and ranked in relation to the published selection criteria: Danny Klein Construction, Inc of Lubbock, Texas proposed a project cost of $259,602 for the Base Bid plus Additive Option 1; with the time for completion of 60 days and scored 274. M & S Concrete Company of Levelland, Texas proposed a project cost of $198,630 for the Base Bid plus Additive Option 1; with the time for completion of 60 days and scored 163. The Base Bid for the project includes two post tensioned concrete slabs, accessible sidewalks, and parking lot striping. Additive Option #1 includes curb and gutter, additional sidewalks, and irrigation. 256 Regular City Council Meeting September 28, 2006 Texas Local Government Code Section 271.116(f) requires the City to select the proposal that offers the best value based on the published selection criteria and on its ranking evaluation. In determining best value, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. The City and its engineer or architect may discuss options including scope of work, duration of contract, and cost changes. If the City is unable to negotiate a contract with the selected Contractor, the City must formally, and in writing, end negotiations with that Contractor and proceed to the next Contractor, based on selection ranking until either a contract is accepted or all proposals are rejected. An evaluation committee determined that the proposal from Danny Klein Construction of Lubbock, Texas offered the best value based on the published selection criteria. The following scope -of -work options were discussed with this contractor: 1. Correction of duplicate cost for concrete included in original proposal. 2. Elimination of one accessible ramp. 3. Addition of one accessible sidewalk at the skate park. Time for completion of this project is 60 consecutive calendar days and liquidated damages are $25 per day. FISCAL IMPACT Funding in the amount of $1,300,000 was appropriated for this project and $130,000 is available in Capital Improvement Project 91203, McAlister Park Improvements. Lubbock Challenger Little League is providing an additional $45,000, bringing the total funding to $175,000. Staff recommended contract award to Danny Klein Construction Company, Inc. of Lubbock, Texas for $169,409. 5.24. This item was moved from consent agenda to regular agenda and considered following Item 5.22. 6. REGULAR AGENDA 5.2. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No. 2006-00101 Consider budget ordinance amendment #21 amending the FY 2005-06 budget respecting the Community Development Fund, Grant Fund, General Fund, LP&L Fund, Water Fund, Airport Fund, Donations Fund, and Capital Improvement Program. ORDINANCE NO.2006-00101 AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL PURPOSES RESPECTING THE (1) COMMUNITY DEVELOPMENT FUND; (2) GRANT FUND; (3) GENERAL FUND; (4) LP&L FUND; (5) WATER FUND; (6) CAPITAL IMPROVEMENT PROGRAM; (7) AIRPORT FUND; AND (8) DONATIONS FUND. (AMENDMENT #21) 1. Re -appropriate $96,952 of FY 2004-05 Community Development Block Grant reallocation funds from United States Department of Housing and Urban Development for the renovation of YWCA downtown child care facility. 2. Re -appropriate $45,000 of FY 2004-05 Community Development Block Grant reallocation funds from United States Department of Housing and Urban Development for the renovation of the Inside Out Ministry facility. 3. Accept and appropriate $368,342 from the Texas State Library and Archives Commission for Library System Operations. This funding provides for personnel, travel, and supplies for the West Texas Library System. 4. Accept and appropriate $96,741 from the Texas State Library and Archives Commission for the Interlibrary Loan Center. This funding provides for personnel, equipment, and supplies to operate the 257 Regular City Council Meeting September 28, 2006 interlibrary loan center. For State FY 2007, funding has been approved to increase the current part-time office assistant position to full-time status. 5. Authorize one additional position at the Library Department to be funded from the Interlibrary Loan Center Grant from the Texas State Library and Archives Commission (Item #4). The total payroll and benefits for this position is approximately $28,213. 6. Accept and appropriate $80,000 for Technical Assistance Negotiated Grant from the Texas State Library and Archives Commission. This grant funds personnel and travel to provide technological assistance to West Texas Library System member libraries. 7. Accept and appropriate a $108,204 grant from the Department of State Health Services for improving and strengthening local public health infrastructure and support the delivery of essential public health services. 8. Accept and appropriate an additional $174,659 to the existing Bioterrorism grant contract from the Department of State Health Services, increasing the total contract funding to $642,605 for bioterrorism preparedness activities. 9. Accept and appropriate an additional $250,000 to the existing Lab Bioterrorism grant contract from the Department of State Health Services, increasing the contract total to $549,950 for laboratory specific bioterrorism preparedness activities. 10. Accept and appropriate a $50,251 grant from the Department of State Health Services for preventative care, health promotion, and direct services in the area of HIV/AIDS surveillance. 11. Accept and appropriate a $138,264 grant from the Department of State Health Services to provide immunization services. 12. Accept and appropriate a $199,630 grant with the Texas Department of Transportation for the Speed Selective Traffic Enforcement Program and the Driving While Intoxicated Selective Traffic Enforcement Program. The City's $99,815 portion is budgeted in the Police Department operating budget. 13a. Accept and appropriate a $769,800 grant from the United States Environmental Protection Agency for a Canyon Lakes Reuse System Study. 13b. Establish a $1,419,000 Capital Improvement Project for the Canyon Lakes Reuse System Study, and appropriate $650,000 from 2007 Water Utility Revenue Certificate of Obligation Bonds plus matching funds for the previously approved $769,800 EPA grant. 14. Amend the operating budget, revise one capital project, and add one capital project in the LP&L Fund. Specific information regarding these projects is competitive information protected under Chapter 552.133 of the Texas Government Code. 15. Accept and appropriate an $8,000 grant from Civic Lubbock, Inc. for Buddy's 70th Birthday Bash, held September 7-9, 2006. A match of $7,763 is required by the City (in -kind dollars may be used). The matching funds will come from the FY 2005-06 Buddy Holly Museum operating budget. 16. Transfer $25,000 from Capital Improvement Project 90372, New Fire Station #8 to Capital Improvement Project 91044, HazMat Storage Station #4. The current amount available in Capital Improvement Project 91044 is $64,000. The current bid proposal is $86,231. The additional $25,000 is necessary to award this bid and to complete construction. 258 Regular City Council Meeting September 28, 2006 17. Establish a new Capital Improvement Project, Major Repairs at Fire Stations and transfer $125,000 from Capital Improvement Project 90372, New Fire Station #8 to the new project. 18. Add $517,000 from Passenger Facility Charges to Capital Improvement Project 90400, Upgrade Access Control/CCTV Systems. 19. Accept and appropriate $20,709 to Donations Fund for improvements and operations at the animal shelter. FISCAL IMPACT Included in Item Summary. Staff recommended approval of the second reading of this ordinance Nancy Haney, Executive Director of Community Development; Jeff Yates, Chief Financial Officer; Claude Jones, Police Chief; and Mark Yearwood, Assistant City Manager of Internal Services, gave comments and answered questions from Council. Regarding filtering of the computers at the libraries, Mayor Miller asked City Attorney Anita Burgess to find out if users of the library computers can be asked if they are registered sex offenders. Council Member Leonard inquired about training for the library staff. Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member Price to pass on second and final reading Ordinance No. 2006-00101 as recommended by staff. Motion carried: 6 Ayes, 1 Nay. Council Member Boren voted Nay. 5.4. Ordinance Amendment - Police: Ordinance No. 2006-00103 amending Chapter 18, Article I of the Code of Ordinances by repealing Sections 18-4 and 18-4.1, adopting new Sections 18-4 through 18-4.7 establishing comprehensive regulations regarding noise in the City of Lubbock. ORDINANCE NO.2006-00103 AN ORDINANCE OF THE CITY OF LUBBOCK AMENDING CHAPTER 18, ARTICLE I OF THE CODE OF ORDINANCES BY REPEALING SECTIONS 18-4 AND 18-4.1, ADOPTING NEW SECTIONS 18-4 THROUGH 18-4.8 ESTABLISHING COMPREHENSIVE REGULATIONS REGARDING NOISE IN THE CITY OF LUBBOCK, ADOPTING A SAVINGS CLAUSE, A PENALTY CLAUSE AND PROVIDING FOR PUBLICATION. The Police Department requests that City Council consider an ordinance of the City Of Lubbock, amending Chapter 18, Article I of the Code Of Ordinances. This amended ordinance repeals sections 18-4 and 18-4.1, and adopts new sections 18-4 through 18-4.7. These new sections establish comprehensive regulations regarding noise in the City, adopt a savings clause, adopt a penalty clause, and provide for publication. Section 18-4.1 of this amended ordinance states, "It is the policy of the City to minimize the exposure of citizens to excessive noise and to protect, promote and preserve the public health, comfort, convenience, safety and welfare. It is the express intent of the City to control the level of noise in a manner which promotes commerce; protects the sleep and repose of citizens; promotes the use, value and enjoyment of property; and preserves the quality of the environment." The Police Department is charged with duties enforcing such policies. To assist in these duties, the amended ordinance gives updated noise definitions, administration and noise measurements, environmental sound levels and limits, noises prohibited, and exemptions necessary to preserve the public quality of life and property, and peace, in accordance with Section 18-4.1 as quoted above. 259 Regular City Council Meeting September 28, 2006 FISCAL IMPACT No fiscal impact is anticipated. Staff recommended approval of the first reading of this ordinance. Police Chief Claude Jones and City Attorney Anita Burgess gave comments and answered questions from Council. Motion was made by Council Member Price, seconded by Council Member Leonard to pass on second and final reading Ordinance No. 2006-00103 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.5. Grant Application Resolution - Emergency Management: Resolution No. 2006-RO452 authorizing City staff to apply for Emergency Disaster Relief Funds for Hurricanes Katrina and Rita, through a Social Services Block Grant resulting from an agreement between the Health and Human Services Commission and South Plains Association of Governments (COG). RESOLUTION NO.2006-RO452 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the staff of the City of Lubbock BE and is hereby authorized and directed to apply for Emergency Disaster Relief Funds for Hurricanes Rita and Katrina through a Social Services Block Grant resulting from an agreement between the Health and Human Services Commission and the South Plains Association of Governments. Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Kevin Overstreet Kevin Overstreet, Emergency Management Coordinator APPROVED AS TO FORM: /s/Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section The Department of Defense Appropriations Act, 2006, provided approximately $550 million in Social Services Block Grant (SSBG) to support hurricane recovery in affected states and Texas was allocated $87,951,690 of the service block grant funds. The SSBG funds provided to the COG in the block grant may not be used for activities reimbursable by or for which funds have been made or will be made available by FEMA, the Army Corps of Engineers, or any other federal funding source unless valid claims for reimbursement were made by the COG to FEMA, the Army Corps of Engineers, or any other valid federal funding source and FEMA, the Army Corps of Engineers, or any other valid federal funding source did not reimburse the claim(s). The agreements between the Health and Human Services Commission and South Plains Association of Governments for administration of social services block grant for emergency management relief funds for Hurricane Katrina and 260 Regular City Council Meeting September 28, 2006 Hurricane Rita are provided in supplemental agenda backup available in the City Secretary's Office. FISCAL IMPACT Receipt of this grant will reimburse the City for expenses related to Hurricanes Katrina and Rita sheltering operations. The total $165,231 outstanding reimbursement is currently being applied to FEMA. Staff recommended approval of this resolution. Jeff Yates, Chief Financial Officer, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO452 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.9. Grant Contract Resolution - Business Development: Resolution No. 2006-RO453 authorizing the Mayor to execute a Grant Management Agreement with the North and East Lubbock Community Development Corporation to oversee and promote economic development in North and East Lubbock. RESOLUTION NO.2006-RO453 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 Grant Management Agreement, by and between the City of Lubbock and the North and East Lubbock Community Development Corporation, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th_day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Rob Allison Rob Allison, Assistant City Manager Development Services APPROVED AS TO FORM: /s/Amy L. Sims Amy L. Sims Assistant City Attorney The City contracted with the North and East Lubbock Community Development Corporation (CDC) for the past three fiscal years to oversee and promote economic development in North and East Lubbock. This will be the fourth and final year of the grant to the CDC. The term of the grant management agreement is for one year and begins October 1, 2006. FISCAL IMPACT The grant amount is $250,000 and is included in the Solid Waste FY 2006-07 operating budget. Staff recommended approval of this resolution. 261 Regular City Council Meeting September 28, 2006 Rob Allison, Executive Director of Business Development; Jeff Yates, Chief Financial Officer, and Lee Ann Dumbauld, City Manager, gave comments and answered questions from Council. Motion was made by Council Member Boren, seconded by Council Member Price to pass Resolution No. 2006-RO453 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.10. Contract Resolution - Civic Centers: Resolution No. 2006-RO454 authorizing the Mayor to execute a contract with Lubbock Heating & Air Conditioning to provide heating, ventilating, and air conditioning maintenance service on equipment at the Civic Center and Lubbock Auditorium/Coliseum, BID #06-065-MA. _ RESOLUTION NO.2006-RO454 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract (ITB 06-065-MA) by and between the City of Lubbock and Lubbock Heating & Air Conditioning of Lubbock, Texas for maintenance services for building environmental -mechanical systems, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Freddy Chavez Freddy Chavez, Civic Services Director APPROVED AS TO FORM: /s/Don Vandiver Don Vandiver, Attorney of Counsel Maintenance services for the heating, ventilating and air conditioning equipment at the Lubbock Memorial Civic Center and Auditorium/Coliseum have been performed by mechanical contractors for more than two decades. The term of all contracts has been for three-year periods. In reviewing the mechanical service contract history, some recurring issues were identified. In order to potentially eliminate past complications, this year's approach was to better define all included equipment through the use of scanned original installation drawings to produce PDF documents that included identifying notations for each equipment component. This contract provides mechanical services for a period of one year with an option to renew annually for up to two additional one-year terms. The renewed contract amount shall be increased each year according to changes in the United States Bureau of Labor and Statistics Other Goods and Services Consumer Price Index, 12 months un-adjusted. 262 Regular City Council Meeting September 28, 2006 FISCAL IMPACT A total of $87,632 is appropriated in the approved FY 2006-07 operating budgets for the Civic Center and Auditorium/Coliseum. Staff recommended contract award to Lubbock Heating & Air Conditioning of Lubbock, Texas for $86,436. Victor Kilman, Director of General Services; Jeff Yates, Chief Financial Officer; Nancy Haney, Executive Director of Community Development; and Lee Ann Dumbauld, City Manager, gave comments and answered questions from Council. - Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO454 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Council Member Price was away from the dais. 5.11. Contract Resolution - Water Utilities: Resolution No. 2006-R0455; Resolution No. 2006-RO456 authorizing the Mayor to execute purchase contracts with O'Tool Industries and Morrison Supply for gate valves, BID #06-063-MA. RESOLUTION NO.2006-RO455 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Purchase Order Contract by and between the City of Lubbock and O'Tool Plastic Pipe Company of Lubbock, Texas for a 42- inch gate valves for the potable water system, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Wood Franklin Wood Franklin, Water Utilities Chief Engineer APPROVED AS TO FORM: /s/Don Vandiver Don Vandiver, Attorney of Counsel This bid is for the purchase of 16-inch to 42-inch gate valves for the relocation of water lines along Marsha Sharp Freeway around the intersection of Slide Road. FISCAL IMPACT A total of $9,275,000 was appropriated with $1,821,369 available in Capital Improvement Project 9742, Water Lines Ahead of Marsha Sharp Freeway. Staff recommended bid award to O'Tool Industries of Lubbock, Texas for $37,575 and to Morrison Supply of Lubbock, Texas for $107,879. Wood Franklin, Interim Chief Engineer for Water Utilities, gave comments and answered questions from Council. 263 Regular City Council Meeting September 28, 2006 Motion was made by Council Member Jones, seconded by Council Member Leonard to pass Resolution No. 2006-RO455 and Resolution No. 2006-RO456 with amending it to include K.W. Sharpe on Items 3 and 4 of the Bid Tabulation Analysis. Motion carried: 7 Ayes, 0 Nays. 5.14. Contract Resolution - Facilities Management: Resolution No. 2006-RO457 authorizing the Mayor to execute a contract with Basic Industries, Inc. for job order contracting services, RFP #06-705-BM. RESOLUTION NO.2006-RO457 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Basic Industries, Inc., of Midland, Texas for minor construction, repair, rehabilitation and alteration of City facilities, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Mark Yearwood Mark Yearwood, Chief Information Officer/Assistant City Manager APPROVED AS TO FORM: /s/Don Vandiver Don Vandiver, Attorney of Counsel The City of Lubbock, like other government agencies, has an ongoing need for straightforward and relatively minor projects involving the construction, repair, rehabilitation, or alteration of facilities. Preparing traditional bid packages, complete with plans and specifications, and going through the standard bid process for each such project can be costly. and time consuming. Texas Local Government Code 3(e) provides Sub Subchapter Hthat Chapter 271 may be awarded under the method described by for job order contracts for facilities construction or repair using the competitive sealed proposal procedure prescribed by Section 271.120 of the Texas Local Government Code. Job Order Contracting (JOC) is a way of getting relatively small, simple, and commonly encountered construction projects done easily and quickly. The JOC method of project delivery was devised by the military sector in the 1980s as a way to overcome problems with the traditional Design Bid Build (DBB) method. Using DBB, every project, no matter how small, had to be designed and put out for bid, with the award going to the lowest bidder. Going through this procedure for every little job was becoming impractical. The common occurrences of construction delays, cost over -runs, and quality disputes were successfully reduced using the new method, and JOC has been equally successful in the private sector for more than a decade. Essentially, JOC will provide the City with an on -call general contractor who is familiar with the site and the City's needs. The JOC delivery method is particularly well suited to repetitive jobs and situations in which owners know that many small tasks will arise, but the timing, type of work, and quantity of work are unknown at the time the 264 Regular City Council Meeting September 28, 2006 contract is signed. Many diverse tasks such as routine maintenance, upgrades and renovations, alterations, and minor construction for a site are very efficiently handled using a single JOC contract. These jobs usually have minimal design requirements. The JOC method should not be used for large, complex new construction projects that require extensive or innovative design or are likely to encounter changes and revisions during construction. The City and the Lubbock Housing Authority (LHA) issued a Request for Proposal for each entity to contract with a job order contractor to provide minor construction, repair, rehabilitation, and alteration at City and LHA facilities. -- Proposals were ranked using the following evaluation criteria: approach to managing facility construction repair and rehabilitation programs on a job order basis (10%), demonstrated competence and experience with facility construction repair and rehabilitation programs on a job order basis (10%), proposed methodologies for this contracting opportunity including project management software (5%), safety record (10%), qualifications and experience of the team members proposed to manage the job order construction program (5%), experience with other complex institutions or municipalities (5%), past performance on other contracts for the City of Lubbock (5%), price proposal (20%), references (5%), capability and financial resources (5%), and response to Respondent Questionnaire (20%). Proposals were ranked as follows: Basic Industries, Inc. of Midland, Texas 432 points, Brown -McKee, Inc. of Lubbock, Texas 348 points, Kellogg, Brown & Root, Inc. of Arlington, Virginia 332 points, and Minnix Commercial Partners, Ltd. of Lubbock, Texas 237 points. This JOC contract will apply to all City facilities and can be used for any number of jobs that need to be done for as long as the contract is in effect. The term of the contract is for one year with an option to renew annually for up to three additional one-year terms. A price coefficient will be used to determine the actual cost of each job. This contract specifies the R.S. Means Manual as the unit price book to be used. The contracted price coefficient - will be applied to all labor and materials line items necessary for each job to arrive at a firm price for the job. As an inducement for the contractor to offer a lower coefficient, the City will use its best efforts to issue job orders totaling at least $500,000 ("Minimum Value") during the term of this contract. If, at the expiration date, the Minimum Value has not been obtained, the expiration date will be extended until job orders have bee issued causing the Minimum Value to be obtained, provided that the contractor is not in default and the City has been reasonably satisfied with the contractor's performance. The process of using a JOC contract is relatively fast and straightforward. When a need is identified, the City will contact the JOC contractor and they walk through the site, define the extent of the project, and discuss alternate approaches to be considered. The contractor will then draw up a design, if necessary, and a detailed project list including all materials and labor needed. Using the unit price book, the contractor can establish a firm price for the job. The City will review the proposal and issue an authorization to proceed. The process from request to authorization to begin work takes a short time, sometimes as little as ten days to two weeks and not more than 30 days. FISCAL IMPACT Funding will be based on usage by various General Fund and Enterprise Fund Departments. The City anticipates an annual combined expenditure of �- $500,000 for all projects. Staff recommended contract award to Basic Industries, Inc. of Midland, Texas with a coefficient of 0.893 the first year, 0.913 the second year, 0.933 the third year, and 0.953 the fourth year. Victor Kilman, Director of General Services, gave comments and answered questions from Council. 265 Regular City Council Meeting September 28, 2006 Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO457 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.15. Contract Resolution - Risk Management: Resolution No. 2006-RO458 authorizing the Mayor to execute a contract with Hammerman and Gainer, Inc. to provide liability claims services, RFP #06-056. RESOLUTION NO.2006-RO458 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 Claim Service Agreement with Hammerman & Gainer, Inc. for services with respect to the investigation and payment of insurance claims, which Agreement is attached hereto and incorporated herein as part of this Resolution Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Leisa Hutcheson Leisa Hutcheson, Risk Manager APPROVED AS TO FORM: /s/John M. Knight John M. Knight, Assistant City Attorney This contract is for automobile, general, and personal injury liability claim services. The contract period is for one-year beginning October 1, 2006, with an option to renew annually for up to two additional one-year terms. Proposals were evaluated on service 30%), management information (30%), financial capacity (15%), and cost (25%). The respondents to the Request for Proposal were ranked as follows: Hammerman & Gainer (incumbent) 16.45; GAB Robins 13.4; York Claims Service 12.3; The Littleton Group 11.45; Alternative Service Concepts 11.25, and Crawford and Company 10.25. York Claims Service, The Littleton Group and Alternative Service Concepts, LLC currently have no claims office located in Lubbock. Each said they would be willing to open a local claims service, however, the contract begins October 1, 2006. Crawford and Company has a local claim office, however, their service and management information ranking was ranked lowest. GAB has a local office with one adjuster, no support staff and no commitment to provide additional staff to handle the City's claims. FISCAL IMPACT The estimated cost for 2006-07 is $286,784. Fees are on a per claim basis for the life of the claim. Time and expense will be billed at an hourly rate of $66. All charges for liability claims services are paid from the Risk Fund. Staff recommended contract award to Hammerman and Gainer, Inc. of LaPlace, Louisiana. Jeff Yates, Chief Financial Officer; Doug Sanford of Sanford Insurance Agency; and Leisa Hutcheson, Risk Management Coordinator, gave comments and answered questions from Council. 266 Regular City Council Meeting September 28, 2006 Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO458 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.16. Contract Resolution - Risk Management: Resolution No. 2006-RO459 authorizing the Mayor to approve purchase of property insurance coverage in layers from Lexington Insurance Company for the primary $25 million; Westchester Insurance Company (50%) and Commonwealth Insurance Company (50%) for a layer of $20 million excess of the first $25 million; and RSUI Indemnity Insurance for the remaining $255 million excess of the $45 million above. RESOLUTION NO.2006-RO459 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 purchase for and on behalf of the City of Lubbock, property insurance coverage, by and between the City of Lubbock and Lexington Insurance; Westchester Insurance Company; Commonwealth Insurance Company; and RSUI Indemnity Insurance Company, in a combined total amount of $461,199; and THAT the City Manager or designee may execute any routine documents and forms associated with said insurance coverage. Passed by the City Council this 271h day of September, 2007. ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Leisa Hutcheson Leisa Hutcheson, Risk Manager APPROVED AS TO FORM: /s/Amy L. Sims Amy L. Sims, Assistant City Attorney /s/David A. Miller DAVID A. MILLER, MAYOR The City purchases property insurance for all its structures and contents with an estimated total value of $764,820,629. The property policy covers all risk of direct physical loss including flood and earthquake up to $25 million. All property and contents, excluding mobile equipment and vehicles is covered at replacement cost. Mobile equipment and vehicles are covered at Actual Cash Value (ACV). After careful consideration, it was determined that the likelihood of a total loss was extremely unlikely and the decision was made to purchase blanket coverage in the amount of $300 million. The current carriers are Lexington Insurance Company for the primary $25 million; Westchester Surplus Lines Insurance Company (50%) and Commonwealth Insurance Company (50%) for the second $20 million excess of the first $20 million and RSUI Indemnity Insurance Company for the $250 million excess of the $45 million. Attached is a loss history indicating no payable losses in the past 5 years. The most favorable quote for the new fiscal year includes the same carriers with the exception of Lexington Insurance carrying $25 million for the first layer, Westchester Surplus Lines insurance Company and Commonwealth Insurance Company sharing 50% of the second $20 million and RSUI Indemnity Insurance Company carrying $255 million in excess of the $45 million. Other insurance carriers contacted but not competitive were Chubb Insurance, First State/Hartford, and Wausau. The deductibles will remain at $250,000 on all but wind/hail which carries a one -percent deductible with a 267 Regular City Council Meeting September 28, 2006 $250,000 minimum and a $1 million maximum. Terrorism/war risks coverage is included in the premium cost. FISCAL IMPACT The $524,679 premium is budgeted in the FY 2006-07 Risk Management Fund. Staff recommended purchasing property insurance coverage as outlined above from Lexington Insurance Company, Westchester Surplus Lines Insurance Company, Commonwealth Insurance Company and RSUI Indemnity Insurance Company for a total policy premium of $524,679 for FY 2006-07 or such alternative action as the City Council may deem appropriate. This represents a premium increase of $35,724 or about seven -percent from the FY 2005-06 amount. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO459 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.17. Contract Resolution - Risk Management: Resolution No. 2006-RO460 authorizing the Mayor to approve purchase of boiler and machinery insurance coverage from Zurich Insurance Company. RESOLUTION NO.2006-RO460 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 purchase for and on behalf of the City of Lubbock, boiler and machinery insurance coverage, by and between the City of Lubbock and Zurich Insurance Company, in a total amount of $494,501; and THAT the City Manager or designee may execute any routine documents and forms associated with said insurance coverage. Passed by the City Council this 27t" day of September, 2007. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Leisa Hutcheson Leisa Hutcheson, Risk Manager APPROVED AS TO FORM: /s/Amy Sims Amy L. Sims, Assistant City Attorney The City currently purchases boiler and machinery insurance coverage from Zurich Insurance Company with $50 million in coverage and varying deductibles from $25,000 to $500,000 for a policy premium of $483, 450. Boiler and Machinery coverage protects equipment, including generating equipment, boilers, HVAC, pumps and other mechanical equipment from mechanical failure or damage, excluding wear and tear. Attached are loss histories indicating payable losses in the past 5 years. The City's broker of record was able to secure quotes from Zurich Insurance Company for $476,616 and from Lexington Insurance Company for $461,780. Zurich's quote has consistent coverage and deductibles with the expiring policy. Lexington's quote included higher deductibles going from $250,000 to $500,000 and less favorable terms on generating equipment. Zurich offers I.• Regular City Council Meeting September 28, 2006 replacement cost on all generating equipment with the exception of equipment that is over 25 years old and equipment that has not been overhauled in the last seven years, coverage on excluded equipment will be at actual cash value. Lexington offers replacement cost coverage on generating equipment that is les than 15 years old, regardless of overhaul status. In addition, both carriers will provide loss prevention functions that include state inspections for all City owned boilers, and infrared thermographic testing, oil analysis, and Doble testing on electric generating and distribution equipment. FISCAL IMPACT The $476,616 premium is budgeted in the FY 2006-07 Risk Management Fund. Staff recommended purchasing boiler and machinery insurance coverage as outlined above from Zurich Insurance Company for a total policy premium of $476,616 for FY 2006-07 or such alternative action as the City Council may deem appropriate. This represents a premium decrease of $6,834 or about one - percent from the FY 2005-06 amount. Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO460 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.18. Contract Resolution - Risk Management: Resolution No. 2006-RO461 authorizing the Mayor to approve purchase of inland marine insurance and crime insurance coverage from the Great American Insurance Company, pipeline liability insurance coverage from the Chubb Group, and airport directors and officers insurance coverage from Texas Municipal League - Intergovernmental Risk Pool. RESOLUTION NO.2006-RO461 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 purchase for and on behalf of the City of Lubbock, inland marine insurance coverage, by and between Great American Insurance in a total amount of $9,225; crime insurance coverage, by and between Great American Insurance in a total amount of $7,081; airport directors and officers insurance by and between the City of Lubbock and Texas Municipal League in a total amount of $10,804; and pipeline liability insurance coverage by and between the City of Lubbock and Chubb Group in a total amount of $5,510; and THAT the City Manager or designee may execute any routine documents and forms associated with said insurance coverage. Passed by the City Council this 281h day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Leisa Hutcheson Leisa Hutcheson, Risk Manager APPROVED AS TO FORM: /s/John M. Knight John M. Knight, Assistant City Attorney 269 Regular City Council Meeting September 28, 2006 The City currently purchases inland marine insurance coverage from the Great American Insurance Company with $3,399,631 in coverage and varying deductibles from $1,000 to $25,000 for a policy premium of $10,199. Inland Marine coverage provides for direct physical loss coverage for special classes such as fine arts and sound and broadcasting equipment at stated values for stated locations. Attached are loss histories indicating payable losses in the past 5 years. The City's broker of record was able to secure quotes from The Great American Insurance for $9,134 and the Travelers Lloyds Insurance Company for $9,053. Great American's quote has consistent coverage and deductibles with the expiring policy. Travelers' quote is also consistent with the expiring policy, but has blanket coverage instead of specific location coverage. The City left Travelers three years ago due to required professional appraisals, which would have greatly increased costs to the City. The City currently purchases crime insurance coverage from AIG Insurance Company, costing $8,604,000 with $1.5 million in coverage and a $25,000 deductible. Crime coverage protects monies and securities from employee dishonesty; forgery or alteration; theft, disappearance, and destruction; computer fraud and funds transfer fraud. The City's broker of record was able to secure quotes from AIG Insurance Company for $7,340 and the Great American Insurance Company for $7,081. AIG's quote has consistent coverage and deductibles with the expiring policy but does offer a FRISC endorsement that allows for limited investigation. Great American's quote is also consistent with the expiring policy, but has theft disappearance and destruction coverage not offered by AIG. The City currently purchases pipeline liability insurance coverage from the Chubb Group at a cost of $5,150 with $2 million in coverage and a $2,500 deductible. Pipeline liability coverage protects from explosion of the City's gas pipeline which is excluded under the City's excess liability coverage. The City's broker of record was able to secure quotes from Chubb Group for the same as the expiring term and AIG who has a minimum premium of $25,000. The City currently purchases airport directors and officers' insurance coverage from Texas Municipal League - Intergovernmental Risk Pool (TML_IRP) with $10 million in coverage and a $7,500 deductible for a policy premium of $10,504. Airport directors and officers insurance is similar to the Public Entity Management policy for the remainder of the council, boards and commissions, but the airport functions are specifically excluded under the City's excess liability coverage. The City's broker of record was not able to secure competitive quotes from the commercial market. TML-IRP's renewal quote was for the same coverage and deductible and a $10,604 policy premium. FISCAL IMPACT The $9,134 premium for inland marine insurance is budgeted in the FY 2006- 07 Risk Management Fund. The $7,081 premium for crime insurance is budgeted in the FY 2006-07 Risk Management Fund. The $5,150 premium for pipeline liability insurance is budgeted in the FY 2006-07 Risk Management Fund. The $10,604 premium for airport directors and officers insurance is budgeted in the FY 2006-07 Risk Management Fund. Staff recommended purchasing inland marine insurance coverage as outlined above from the Great American Insurance Company for a total policy premium of $9,134 for FY 2006-07 or such alternative action as the City Council may deem appropriate. This represents a policy premium decrease of $965 or about 10% from the FY 2005-06 amount. Staff recommended purchasing crime insurance coverage as outlined above from the Great American Insurance Company for a total policy premium of 270 Regular City Council Meeting September 28, 2006 $7,081 for FY 2006-07. This represents a premium decrease of $1,523 or about 22% from the FY 2005-06 amount. Staff recommended purchasing pipeline liability insurance coverage as outlined above from the Chubb Group for a total policy premium of $5,150 for FY 2006-07. This represents no premium increase or decrease from the FY06 amount. Staff recommended purchasing airport directors and officers insurance coverage as outlined above from TML-IRP for a total policy premium of $10,604 for FY 2006-07. This represents a premium increase of $100 or about 1 % from the FY 2005-06 amount. Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO461 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.19. Contract Resolution - Risk Management: Resolution No. 2006-RO462 authorizing the Mayor to approve purchase of airport/non-owned aircraft liability coverage from ACE USA Insurance Company. RESOLUTION NO.2006-RO462 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 purchase for and on behalf of the City of Lubbock, airport/non-owned aircraft liability coverage by and between the City of Lubbock and ACE USA, in a total amount of $44,735; and THAT the City Manager or designee may execute any routine documents and forms associated with said insurance coverage. Passed by the City Council this 27t' day of September, 2007. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Leisa Hutcheson Leisa Hutcheson, Risk Manager APPROVED AS TO FORM: /s/Amv L.Sims Amy L. Sims, Assistant City Attorney The City purchases airport and non -owned aircraft liability insurance separately from its other liability insurance program since aircraft are specifically excluded. The City's current policy is with ACE USA Insurance and has $50 million in coverage for airport liability and $50 million in coverage for non -owned aircraft liability insurance. Airport liability insurance covers liability the city becomes legally obligated to pay for bodily injury and property damage arising from the City's airport operations. Non -owned aircraft liability covers liability the City becomes legally obligated to pay for bodily injury and property damage arising from the occupancy or operation of a non -owned aircraft. This includes any allegations of civil rights violations for airport police boarding a commercial or private aircraft. The policy premiums are $35,715 and $10,750 respectively. Both policies have no deductible. Attached are loss histories indicating payable losses in the past 5 years 271 Regular City Council Meeting September 28, 2006 The City's broker of record was able to obtain quotes from ACE USA with limits same as expiring and policy premiums of $35,715 and $11,600 respectively, AIG Aviation with total policy premium of $65,000, and Global Aerospace with total policy premium of $85,000 all having similar coverage to the current year policy. FISCAL IMPACT The $35,715 and $11,600 premiums for aviation liability and non -owned aircraft liability for a total of $47,315 is budgeted in the FY 2006-07 Risk Management Fund. Staff recommended purchasing aviation liability insurance coverage and non - owned aircraft liability insurance coverage as outlined above from ACE USA Insurance Company for a total policy premium of $47,315 for FY 2006-07 or such alternative action as the City Council may deem appropriate. This represents a premium increase of $850 or about 2% from the FY 2005-06 amount. Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO462 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.20. Contract Resolution - Risk Management: Resolution No. 2006-RO463 authorizing the Mayor to approve purchase of excess liability coverage from St. Paul Travelers Companies. RESOLUTION NO.2006-RO463 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 purchase for and on behalf of the City of Lubbock, excess liability coverage, by and between the City of Lubbock and St. Paul Travelers Insurance Company, in a total amount not to exceed $355,480; and THAT the City Manager or designee may execute any routine documents and forms associated with said insurance coverage. Passed by the City Council this 27t' day of September, 2007. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Leisa Hutcheson Leisa Hutcheson, Risk Manager APPROVED AS TO FORM: /s/Amy L. Sims Amy L. Sims, Assistant City Attorney The City purchases excess liability insurance for all operations other than the airport and pipeline liability on one policy form. The package excess liability insurance covers general liability, employee benefits liability, law enforcement liability, public entity management liability, and auto liability. The current annual cost is $359,212 for $10 million in coverage with a $500,000 self -insured retention (deductible) per claim with the exception of employment practices liability that carries only a $1 million limit. Attached are loss histories indicating payable losses in the past 5 years. 272 Regular City Council Meeting September 28, 2006 The City's broker of record received a renewal quote from St. Paul Travelers with the same coverages for a policy premium of $392,932 and from Princeton Exess and Surplus Lines, but their policies were limited to $1 million per line of coverage. There has been a 10% increase in exposure due to additional police officers hired and increasing budget. FISCAL IMPACT The $392,932 premium is budgeted in the FY 2006-07 Risk Management Fund. Staff recommended purchasing excess liability insurance coverage as outlined above from the St. Paul Travelers Insurance Company for a total policy premium of $392,932 for FY 2006-07 or such alternative action as the City Council may deem appropriate. This represents a premium increase of $33,720 or about nine -percent from the FY 2005-06 amount. Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO463 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.21. Contract Resolution - Risk Management: Resolution No. 2006-RO464 authorizing the Mayor to approve purchase of workers' compensation coverage from Texas Municipal League Intergovernmental Risk Pool. RESOLUTION NO.2006-RO464 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 purchase for and on behalf of the City of Lubbock, workers' compensation coverage, by and between the City of Lubbock and Texas Municipal League Intergovernmental Risk Pool, in a total amount of $1,979.150; and THAT the City Manager or designee may execute any routine documents and forms associated with said insurance coverage. Passed by the City Council this 28t' day of September, 2007. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Leisa Hutcheson Leisa Hutcheson, Risk Manager APPROVED AS TO FORM: /s/Amy L. Sims Amy L. Sims, Assistant City Attorney The City has workers' compensation exposures for all city employees and is _ required by labor code to provide workers' compensation benefits in accordance with the statute to all municipal employees. The City further chooses to extend those benefits to volunteers to limit liability exposures. Workers' compensation provides medical and lost wages in accordance with the Act, regardless of cause of loss. The City currently purchases coverage for these exposures from TML-IRP on a guaranteed cost program, i.e., fully insured (both claims handling and claims payments). 273 Regular City Council Meeting September 28, 2006 The current year guaranteed premium for this coverage is $1,512,645. The City's broker of record forecasted losses for the FY 2006-07 at $1,907,206, excluding claims handling. The City's broker of record was unable to find any commercial market that could provide a comparable quote, TML-IRP's current year's quote of $1,745,230. The increase is due to increased number of employees and payroll. FISCAL IMPACT The $1,745,230 premium is budgeted in the FY 2006-07 Risk Management Fund. Staff recommended purchasing workers' compensation coverage as outlined above from TML-IRP for a total policy premium of $1,745,230 for FY 2006-07. This represents a premium increase of $232,587 or about 14% from the FY 2005-06 amount. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO464 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.22. Contract Resolution - Parks: Resolution No. 2006-RO465 authorizing the Mayor to execute a purchase order contract with Community Lawn Care of Lubbock for application of herbicide on various parks and City properties, BID #06-064-MA. RESOLUTION NO.2006-RO465 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract (ITB 06-064-MA) by and between the City of Lubbock and Community Lawn Care of Lubbock, Texas, for post and pre -emergent herbicide and application, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/Don Vandiver Don Vandiver, Attorney of Counsel This contract includes one application of pre -emergent and post -emergent weed control on various parks and City properties. The post -emergent herbicide application will control a broad spectrum of broadleaf weeds. The objective of pre -emergent product is to control the fall/winter germination of various weeds and improve turf health and appearance. FISCAL IMPACT Funds are appropriated in the FY 2006-07 Park Maintenance operating budget. 274 Regular City Council Meeting September 28, 2006 Staff recommended bid award to Community Lawn Care of Lubbock, Texas for $64,726.03. Randy Truesdell, Parks and Recreation Manager; Victor Kilman, Director of General Services; and James Loomis, Assistant City Manager, gave comments and answered questions from Council. Motion was made by Council Member Leonard, seconded by Council Member Jones to pass Resolution No. 2006-RO465 with an amendment to make the contract contingent upon a performance bond being furnished. Motion carried: 7 Ayes, 0 Nays. 5.24. Master Lease Resolution - Finance: Resolution No. 2006-RO466 amending the previous master lease Resolution No. 2006-R0082 regarding the equipment list. RESOLUTION NO.2006-RO466 WHEREAS, by Resolution dated September 21, 2005, Resolution No. 2005- R0460 (the "Original Resolution"), the City Council of the City of Lubbock found it to be in the best interest of the citizens of the City of Lubbock to approve certain equipment to be purchased as part of the Master Lease Program (herein so called) budgeted for the FY 2005-06 Operating Budget; WHEREAS, the Original Resolution was amended by that certain Resolution dated February 24, 2006, Resolution No. 2006-R0082 (the "First Amended Resolution"), by adding additional equipment to be purchased as part of the Master Lease Program; WHEREAS, additional equipment has been and is in need of being purchased as a part of the Master Lease Program as budgeted for the FY 2005-06 Operating Budget; 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 amend the Original Resolution, as amended by the First Amended Resolution, to add such equipment purchased and to be purchased as part of the Master Lease Program as budgeted for the FY 2005-06 Operating Budget; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Original Resolution, as amended by the First Amendment, is hereby amended (i) by deleting Exhibit "A", attached thereto, being a description of the equipment to be purchased originally as part of the Master Lease Program budgeted for the FY 2005-06 Operating Budget; and (ii) by adding to the Original Resolution Exhibit "A", attached hereto, being a correct description of the equipment purchased and to be purchased as part of the Master Lease Program as budgeted for the FY 2005-06 Operating Budget. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the equipment purchased and to be purchased as part of the Master Lease Program budgeted for the FY 2005-06 Operating Budget as specified in this Resolution is hereby approved and the City Manager and/or Chief Financial Officer and/or his or her designee, are hereby directed to execute any and all documents necessary to consummate such purchases. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby ratifies, adopts and confirms the purchase of equipment and the execution and delivery of all documents incident thereto by the City of Lubbock under the Master Lease Program as set forth in Appendix Numbers 6489-01 through 6489-013. 275 Regular City Council Meeting September 28, 2006 Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Jeffrey Yates Jeffrey Yates, Chief Financial Officer APPROVED AS TO FORM: /s/Richard K. Casner Richard K. Casner, First Assistant City Attorney At the February 24, 2006, City Council meeting, City Council approved Resolution No. 2006-R0082 which contained an approved equipment list to be master leased for FY 2005-06. Since then, City Council has approved several other additions to the approved list in separate budget amendments. The City has executed 13 master lease schedules with Banc of America. These schedules included make-ready items that are part of the approved equipment (such as police radios and antennae) which were included in the purchase price of the approved vehicles, but not described with specificity in the previous resolution. This resolution combines all previous amendments, ratifies and approves the previous 13 schedules, and provides language that will allow continued financing of make-ready items so long as such items are included in the Operating Budget. The intent is to bring a similar resolution to the City Council at the end of each fiscal year to wrap up and solidify the entire master lease program as purchased through properly approved budget authorizations. FISCAL IMPACT The amount of items that have been master leased during the Fiscal Year totals $13,276,946 with an estimated lease payment of $2,831,654 during FY 06/07. A total of $15,894,331 has been appropriated for FY 2005-06, and $2,617,385 of appropriation remains unissued. Staff recommended approval of this resolution. Jeff Yates, Chief Financial Officer, gave comments and answered questions from Council. Motion was made by Council Member Leonard, seconded by Council Member Jones to pass Resolution No. 2006-RO466 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.1 - 6.10. These items were considered following Item 6.11. 6.11. Utility Rate Decrease Resolution - City Manager's Office: Resolution No. 2006-RO467 to approve an agreed rate decrease for Atmos Energy -r Corporation, Lubbock Division, effective September 28, 2006, as provided for under the Gas Utility Regulatory Act § 104.111. 276 Regular City Council Meeting September 28, 2006 RESOLUTION NO.2006-RO467 RESOLUTION BY THE CITY OF LUBBOCK, TEXAS APPROVING PURSUANT TO § 104.111 OF THE GAS UTILITY REGULATORY ACT AN AGREED REDUCTION TO THE TARIFFS AND RATES OF ATMOS ENERGY CORPORATION, LUBBOCK DIVISION, AS SUCH TARIFFS AND RATES ARE OUTLINED AND ATTACHED TO THIS RESOLUTION, AND PRESERVING RIGHTS UNDER THE GAS UTILITY REGULATORY ACT. WHEREAS, the City of Lubbock (the "City"), under the Gas Utility Regulatory Act ("GURA") of Texas, has original jurisdiction over the operations, services and rates of a gas utility operating within the municipal boundaries of the City; and WHEREAS, Atmos Energy Corporation, Lubbock Division ("Atmos") has agreed to a non -cost of service related system -wide rate decrease; and WHEREAS, the City has the authority under GURA § 104.111 to administratively approve an agreed decrease in rates for Atmos without the delay and expense of a formal hearing and without regard to the cost of service standard prescribed by GURA § 104.051; and WHEREAS, Atmos has developed new tariffs and rate schedules that implement the agreed rate decrease; and WHEREAS, the City has determined that it is in the best interest of the citizens of Lubbock to administratively approve the new tariffs and rate schedules that implement the agreed rate decrease without the delay and expense of a formal hearing and without regard to the cost of service standard prescribed by GURA § 104.051; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT: SECTION 1. The tariffs and rate schedules attached hereto and incorporated herein as though set forth fully herein as Exhibit 1, incorporating the agreed rate decrease, are just and reasonable and are hereby approved pursuant to GURA § 104.111. Atmos shall implement these tariffs and rate schedules as of the date of the execution of this Resolution. SECTION 2. The City Council determines that it is unnecessary to hold a formal hearing to approve the tariffs and rate schedules outlined in Exhibit 1 such tariffs and rate schedules without regard and without any comment concerning the cost of service standard prescribed by GURA § 104.051. SECTION 3. Nothing contained in this Resolution shall be construed as a waiver by either the City or Atmos of any other right, obligation, and/or remedy not specifically addressed by this Resolution and otherwise available to either the City or Atmos under the GURA. Both the City and Atmos specifically reserve any and all rights and remedies available to it under GURA not specifically mentioned in this Resolution including, without limitation, the right to initiate and prosecute a full cost of service rate case SECTION 4. Atmos and the City have no reimbursable rate case expenses solely associated with the implementation of the agreed rate decrease that forms the subject matter of this Resolution. 277 Regular City Council Meeting September 28, 2006 Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Lee Ann Dumbauld Lee Ann Dumbauld, City Manager APPROVED AS TO FORM: /s/Matthew L. Wade Matthew L. Wade Natural Resources Attorney Consider a resolution approving an agreed reduction to the tariffs and rates of Atmos Energy Corporation, Lubbock Division, effective September 28, 2006, as provided for under the Gas Utility Regulatory Act § 104.111. FISCAL IMPACT No fiscal impact anticipated. Matt Wade, Assistant City Attorney, Gary Gregory and Dan Alderson of Atmos Energy, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member DeLeon to pass Resolution No. 2006-RO467 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.1. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00104 Zone Case No. 1897-A (north of Mac Davis Lane and east of University Avenue): Hold a public hearing to continue request of Parkhill, Smith & Cooper, Inc. (for McCanton Woods Ltd. and/or Assigns) for a zoning change from C-2 and R-3 to CB-2 Specific Use for mixed use development (retail and office) with reduced setback on Tracts 3A and 313, Overton Park Addition. ORDINANCE NO. 2006-00104 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1897-A; A ZONING CHANGE FROM C-2 AND R-3 TO CB-2 SPECIFIC USE FOR MIXED USE DEVELOPMENT (RETAIL AND OFFICE) WITH REDUCED SETBACK ON TRACTS 3A AND 313, OVERTON PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Miller opened the public hearing at 11:40 a. in. No one appeared on behalf of McCanton Woods Ltd. and/or Assigns. No one appeared in opposition. Mayor Miller closed the hearing at 11:41 a. in. Continuing the redevelopment of the Overton area, the request is the commercial component of the area adjacent to Mac Davis Lane (6th Street) and University Avenue. This retail area is being built in conjunction with a planned hotel and public meeting center to the east. A parking garage will be illustrated on the site plan. A portion of the parking garage on this property will be committed to the motel and public meeting facility. 278 Regular City Council Meeting September 28, 2006 Adjacent land uses: N — commercial S — vacant commercial E — vacant commercial W — Texas Tech The request if filed as CB 2 Specific Use will provide a residential component as well as retail. The use will have a mix of commercial and residential, as well as a parking building. The applicant requested that the zoning continue to Council, that a site plan will be available at that time or the project will require Planning Commission approval as an "other business" review as an alternative. The request will be consistent with the Comprehensive Land Use Plan adopted for the redevelopment area. As in the other parcels, the principles of "new urbanism" are being utilized. Most of the buildings are pulled closer to the street, having less visible parking. The staff continues to work with the new property owner on the site plan. The proposed "shared parking" on the parcel is based on the premise that the tenant mix in an area allows for less overall pavement, adding to the aesthetic appeal of the shopping area and allowing for a greater density of development — but not with a negative context. The project will have no more than the anticipated effect on the thoroughfare system. It is obvious that traffic is going to be heavy in the area, but "walkability" and less emphasis on the vehicle is one of the basic tenants of new urbanism. In addition, the numbers of residents that live within walking distance of this project area, at least 3,500 new beds have been added within one-half mile. The Planning Commission recommended approval of the request with the following conditions: 1. The project is tied to a site plan and building elevation approved at the Council first reading with some ability to move one or several of the buildings as the details of the project mature; or 2. The applicant will provide the Commission a site plan and building elevation for "other" business approval when the plans are complete. FISCAL IMPACT No fiscal impact is anticipated. The staff supports the recommendation of the Planning Commission. Motion was made by Council Member Leonard, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00104 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.2. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00105 Zone Case No. 2926-C (east of Savannah and South of 99th Street): Hold a public hearing to consider request of Ken Flagg (for Lakeridge Estates) for a zoning change from C-2 and R-1 Specific Use to R-1 Specific Use for Garden Homes on proposed Lots 148-158, 163-193 and R-1 Specific Use for reduced setbacks on proposed Lots 212-222, Lakeridge Estates Addition. ORDINANCE NO.2006-00105 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2926-C; A ZONING CHANGE FROM C-2 AND R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES ON LOTS 148-158 AND 163-193 AND R-1 SPECIFIC USE FOR REDUCED SETBACKS ON LOTS 212- 222, LAKERIDGE ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 279 Regular City Council Meeting September 28, 2006 Mayor Miller opened the public hearing at 11:40 a. in. No one appeared on behalf of Lakeridge Estates. No one appeared in opposition. Mayor Miller closed the hearing at 11:41 a. m. The applicant is requesting an adjustment zone case for an area now finalized by the design and platting process to allow garden home development in one section and the now favored setbacks on standard single family in the other section. Adjacent land uses: N — commercial S — residential E — residential W — residential The request is split into two parts, one area will be garden homes with reduced setback on corner lots and cul de sac lots, and the second area will be traditional homes with a reduced front setback along the streets and on the cul de sac, as well as the side set back for the corner lots. As residential, the request does not rise to the level of a Comprehensive Land Use Plan discussion. The request is consistent with zoning policies. The project will have no more than the expected impact on the thoroughfare system. The Planning Commission recommended the request with the following conditions: 1. In the Garden Home section, the minimum front setback for cul de sac lots shall be five feet, with the exception that any home with a front entry garage shall provide a 20-foot setback for the garage portion. 2. In the Garden Home section the minimum side setback on corner lots shall be five feet. 3. In the traditional residential section along 101 st Street, the minimum front setback for cul de sac lots shall be five feet, with the exception that any home with a front entry garage shall provide a 20-foot setback for the garage portion. 4. In the traditional home section the minimum side setback on corner lots shall be five feet. FISCAL IMPACT No fiscal impact is anticipated. The staff supports the recommendation of the Planning Commission. Motion was made by Council Member Leonard, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00105 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.3. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00106 Zone Case No. 3068 (3618 and 3620 34th Street): Hold a public hearing to consider request of Allen D. Scott, Jr. (for Paint Doctor, Inc.) for a zoning change from C-2 to C-4 limited to auto repair and muffler shop and all unconditionally permitted C-3 uses on Lots 8 and 9, Block 3, Taylor Heights Addition. ORDINANCE NO.2006-00106 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3068; A ZONING CHANGE FROM C-2 TO C-4 LIMITED TO AN AUTO REPAIR AND MUFFLER SHOP OR C-3 LIMITED TO PAINLESS DENT REMOVAL AND ALL UNCONDITIONALLY PERMITTED C-2 USES ON LOTS 8 AND 9, BLOCK 3, TAYLOR HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Regular City Council Meeting September 28, 2006 Mayor Miller opened the public hearing at 11:40 a. m. No one appeared on behalf of Paint Doctor, Inc. No one appeared in opposition. Mayor Miller closed the hearing at 11:41 a. m. The applicant previously leased the former service station to a dent removal shop as a nonconforming building (the property is zoned C-2 and service stations currently require C-3). Prior to 1975 when the station was built, service stations were a permitted use in C-2, thus the nonconforming status became effective with the adoption of the current model of the zoning code in 1975. Mr. Scott recently leased to a tenant that has rehabilitated the property and installed a minor auto repair and muffler shop. Both Mr. Scott and the tenant made the assumption that the former use as a service station would meet the test for the new use. The fact that these two uses are a C-4 permitted use was not understood by Mr. Scott. Mr. Scott is now requesting rezoning that will accommodate only the minor auto repair and muffler business and exclude the balance of C-4 uses, to allow one C-3 use for paintless dent repair (should he relocate from his current 34th and Slide location), and for the parcel to revert to C-2 uses if either or both C-4/C-3 operations are abandoned. Adjacent land uses: N — residential S — commercial E — commercial (C-2 zoned) W — commercial (C-2 zoned) The request is slightly in conflict with the policy within the Comprehensive Land Use Plan that recommended C-4 as heavy commercial on streets that are designated as a regional or state highway. 34th Street has no such designation. However, the applicant is requesting only two uses from the C-4 District and one from C-3. The practical aspect of this request versus the theoretical creates the decision making dilemma. The business is in a location where the current use as auto repair and muffler repair was legal when the building was constructed. As noted, the service station use became non -conforming when the 1975 Zoning Code was adopted, and if the building had been an auto repair as many other locations close to this facility remain, it would be also legal nonconforming. Mr. Scott (his tenant) has cleaned the property and has attempted to create a viable use. Many nonconforming auto related uses exist along 34th Street for the reason noted above (being built pre-1975). Thus, the decision making process is confronted with either accommodating a viable business that has significantly cleaned up the property or maintain the goal of the street eventually becoming a C-2 conforming strip of businesses and probably have a vacant structure — many of which are becoming more evident on 34th Street west of Avenue Q. The project will have no effect on the thoroughfare system. With the request limited to the two C-4 uses, one C-3 use, and a drop back to C-2 if the land is not used for any of the three noted uses, staff is of the opinion that the practical argument trumps the theoretical argument. The Planning Commission recommended the request with the following conditions: 1. As C-4, the parcels are limited to an miner auto repair (no body work and no paint booth) and muffler repair shop. 2. The property may be used as one permitted C-3 use, paintless dent removal. 3. Should the uses noted in #1 and #2 be discontinued, the permitted uses on the parcels shall conform to C-2 permitted uses. FISCAL IMPACT No fiscal impact is anticipated. 281 Regular City Council Meeting September 28, 2006 The staff supports the recommendation of the Planning Commission. Motion was made by Council Member Leonard, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00106 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.4. Public Hearing 10:00 a.m. - Planning: Ordinance No. 2006-00107 Hold a public hearing to consider amendment of Section 29-3 (1051.1) "sign, primary identification" of the City of Lubbock Code of Ordinances to amend the percentage of a sign that must be dedicated to primary identification of a shopping center. ORDINANCE NO. 2006-00107 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTION 29-3 ENTITLED "DEFINITIONS" BY AMENDING SECTION 29-3 (1051.1) "SIGN, PRIMARY IDENTIFICATION" TO DECREASE THE ALLOWABLE AREA OF PRIMARY IDENTIFICATION TO 25%; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Miller opened the public hearing at 11:40 a. in. No one appeared to speak in favor of the amendment to the Code of Ordinances. No one appeared in opposition. Mayor Miller closed the hearing at 11:41 a. in. This is a request to change the definition of a primary identification sign to allow more sign area for the individual tenants and less required identification of the shopping center. The original 1977 sign ordinance required that all freestanding signs identify only the primary shopping center and did not allow for individual tenants to be placed on the freestanding sign. In 1987 the definition of a "primary identification sign" was added to the code allowing up to 50% of the freestanding sign to be tenant panels and 50% for identification of the center. This request is to modify that 1987 definition to allow up to 75% of a primary identification sign to be dedicated to the tenants. The code will be amended as follows: Section 29-3(1051.1) Sign, primary identification: Any sign identifying the name of a shopping center or group of commercial buildings. Such signs shall commit a minimum of 25 percent of the allowable area to the primary identification while the remainder may identify businesses within the shopping center or group of commercial buildings. In smaller shopping centers with three to five tenants, this change will be a benefit to the individual businesses by affording them more exposure on the freestanding sign. In some larger shopping centers where only the largest tenants are allowed by the property owner on the freestanding sign, the small businesses that depend on the shopping center name to identify their location may not be added on the sign, but that process is a landlord/tenant negotiation. The City does not interfere with those negotiations. This change will also allow the percentage allowed for reader boards, menu boards, and electronic message signs to increase from 50 percent to 75 percent. After careful consideration, staff supports the request. FISCAL IMPACT No fiscal impact is anticipated. The staff supports the recommendation of the Planning Commission. Motion was made by Council Member Leonard, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00107 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 282 Regular City Council Meeting September 28, 2006 6.5. Reinvestment Zone Resolution - Business Development: Resolution No. 2006-RO468 giving notice of intent to consider the designation of a Reinvestment Zone located north of FM 1294 and east of Interstate 27. RESOLUTION NO.2006-RO468 WHEREAS, the City Council of the City of Lubbock hereby declares its intent to consider the designation of a Reinvestment Zone within the City of Lubbock, which Reinvestment Zone is more fully described in the "Notice of Intent" attached hereto as Exhibit A and made a part hereof for all purposes; and WHEREAS, the City Council of the City of Lubbock is authorized to establish a Reinvestment Zone by authority of Chapter 312 of the Tax Code; and WHEREAS, the Tax Code requires a Notice of Intent to be sent to the governing body of each tax unit that levies real property taxes on the property described in Exhibit A (except school districts, which may not participate in Chapter 312 tax abatements) not less than seven (7) days before a hearing on creation of a Reinvestment Zone; and WHEREAS, the City Council of the City of Lubbock does hereby authorize a public hearing to be conducted upon the establishment of said Reinvestment Zone be conducted at 10:15 A. M. on October 13, 2006, in the City Council Chambers of the City of Lubbock at 1625 13`h Street, Lubbock, Texas, after proper notice is given in accordance with Chapter 312, Tax Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council hereby orders that a public hearing be conducted at 10:15 A. M. on October 13, 2006, at the City Council Chambers of the City of Lubbock at 1625 131h Street, Lubbock, Texas, pertaining to the proposal of the City Council to establish a Reinvestment Zone as indicated on the Notice of Intent attached hereto as Exhibit A. SECTION 2. THAT the Notice of Intent attached hereto as Exhibit A be delivered by the City Manager or his designee to the governing body of all taxing units levying real property taxes on the property described in said Exhibit A not less than seven (7) days prior to the date of the public hearing. SECTION 2. THAT the City Manager, or his designee, cause publication of notice of the public hearing on this proposed designation of a Reinvestment Zone not less than seven days prior to the date of the hearing in a newspaper of general circulation in the City of Lubbock. Passed by the City Council on this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Rob Allison Rob Allison, Assistant City Manager Development Services APPROVED AS TO FORM: /s/Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section The City has been approached by the Lubbock Economic Development Alliance (LEDA) to assist them in obtaining and developing marketable sites in Lubbock for industrial businesses. LEDA has asked that the 301-acre tract 283 Regular City Council Meeting September 28, 2006 of land north of Lubbock Preston Smith International Airport and owned by the City be sold to LEDA for development of industrial sites. In order for the City of Lubbock to assist LEDA, it has been determined that a reinvestment zone will need to be created at the site in order to facilitate the transfer of the land. The first step in the process to create a reinvestment zone is to hold a public hearing to discuss the issue. The law requires that the City of Lubbock give seven days notice of the public hearing to other taxing jurisdictions. This resolution, if approved, will be forwarded to other taxing jurisdictions as a notice of intent to hold a public hearing. FISCAL IMPACT No fiscal impact is anticipated. Staff recommended approval of this resolution. Cheryl Brock, Business Research Specialist, gave comments and answered questions from Council. Motion was made by Council Member Price, seconded by Mayor Pro Tern Gilbreath to pass Resolution No. 2006-RO468 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Council Member Boren was away from the dais. 6.6. Grant Contract Resolution - Library: Resolution No. 2006-RO469 authorizing the Mayor to execute grant contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the West Texas Library System. RESOLUTION NO.2006-RO469 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 Library System Operation Grant Agreement by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. Said Agreement and related 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 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Jane Clausen Jane Clausen, Library Director APPROVED AS TO FORM: /s/John M. Knight John M. Knight Assistant City Attorney The West Texas Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29-county area. WTLS is one of ten systems established under the Library Systems Act of 1969. The program is administered by the Texas State Library and Archives Commission and is comprised of various elements designed to improve and expand the Regular City Council Meeting September 28, 2006 service programs of libraries that are members of the system. The grant encourages the establishment of public libraries in communities that do not have library service. At the end of State of Texas FY 2006, 34 libraries were qualified for membership. The Lubbock Public Library was designated as the Major Resource Center headquarters for the WTLS program as of September 1, 1974. The grant funds two and one half positions. This program is fully funded by the State of Texas, and the City has no responsibility or obligation in the event that funds are not appropriated. The Texas State Library and Archives Commission contracts with the City for housing of staff and implementation of the service program components. -- FISCAL IMPACT The $368,642 West Texas Library System Operation Grant Contract will provide for the full cost of the program. Staff recommended approval of this resolution. Motion was made by Council Member Price, seconded by Council Member DeLeon to pass Resolution No. 2006-RO469 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Council Member Boren was away from the dais. 6.7. Grant Contract Resolution - Library: Resolution No. 2006-RO470 authorizing the Mayor to execute contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the Interlibrary Loan Program and services. RESOLUTION NO.2006-RO470 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 Interlibrary Loan Center Grant Agreement by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. Said Agreement and related 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 28th day of September, 2007. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Jane Clausen Jane Clausen, Library Director APPROVED AS TO FORM: /s/Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel As the Major Resource Center for the West Texas Library System, the Lubbock Public Library serves as the headquarters for the Interlibrary Loan (ILL) grant program. The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29-county area served by the West Texas Library System. The grant funds two full-time employees. Regular City Council Meeting September 28, 2006 This program is fully funded by the State of Texas, and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library and Archives Commission contracts with the City for housing of staff and implementation of the service program components. FISCAL IMPACT The $96,741 Interlibrary Loan Center Grant will provide for the full cost of the program. Staff recommended approval of this resolution. Motion was made by Council Member Price, seconded by Council Member DeLeon to pass Resolution No. 2006-RO470 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Council Member Boren was away from the dais. 6.8. Grant Contract Resolution - Library: Resolution No. 2006-RO471 authorizing the Mayor to execute contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the Technical Assistance Negotiated Grant. RESOLUTION NO.2006-RO471 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 Technical Assistance Negotiated Grant Agreement by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. Said Agreement and related 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 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Jane Clausen Jane Clausen, Library Director APPROVED AS TO FORM: /s/John M. Knight John M. Knight Assistant City Attorney The Lubbock Public Library serves as the headquarters for the Technical Assistance Negotiated Grant program. The grant funds one full-time technical advisor for public libraries in the West Texas Library System service region. The technical advisor provides training and technological assistance to all of these area libraries. This program is fully funded by the State of Texas, and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library and Archives Commission contracts with the City for housing of staff and implementation of the service program components. Regular City Council Meeting September 28, 2006 FISCAL IMPACT The $80,000 Technical Assistance Negotiated Grant will provide for the full cost of the program. Staff recommended approval of this resolution. Motion was made by Council Member Price, seconded by Council Member DeLeon to pass Resolution No. 2006-RO471 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Council Member Boren was away from the dais. 6.9. Appointment Resolution - Human Resources: Resolution No. 2006-RO472 confirming the appointment of Luis Cardenas for a term of office of three years as a member of the Civil Service Commission. RESOLUTION NO.2006-RO472 WHEREAS, Section 143.006 of the Local Government Code requires appointment of persons to the Civil Service Commission of the City of Lubbock to be made by the municipality's chief executive and confirmed by the municipality's governing body; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby confirms the appointment, by City Manager Lee Ann Dumbauld, of Luis Cardenas for a term of office of three years as a member of the Civil Service Commission of the City of Lubbock. Passed by the City Council this 28th day of September, 2006. /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: - /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED /s/Lee Ann Dumbauld Lee Ann Dumbauld, City Manager APPROVED AS TO FORM: /s/John M. Knight John M. Knight, Assistant City Attorney Luis Cardenas is very knowledgeable of the rules and regulations of Chapter 143 of the Local Government Code and has served as a Civil Service Commissioner since October 13, 2004. Luis Cardenas' current term will expire on October 13, 2006. The Commission members ratify rules and standards applicable to classified civil service positions in the Fire and Police departments and the enforcement and effect of the Civil Service statutes. Members are appointed by the City Manager pursuant to Texas Local Government Code 143.006, and ratified by the governing body. The term for these appointments is three years and the meetings are held as needed. There are three members of the Commission as required by law and the Interim Director of the Commission, Steve Synck. In order to stay in compliance with Texas Local Government Code Chapter 143, a third Commissioner needs to be appointed before the next scheduled meeting on October 19, 2006. 287 Regular City Council Meeting September 28, 2006 FISCAL IMPACT No fiscal impact is anticipated. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Leonard to pass Resolution No. 2006-0472 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Council Member Boren was away from the dais. 6.10. Board Appointments - City Secretary: Consider four appointments to Electric Utility Board; one appointment to Health/Education Facilities Board of Directors, one appointment to Urban Design/Historic Preservation Commission, and one appointment to the Airport Board. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Leonard to reappoint SuzAnn Kirby, Marciano Morales, Chris Snead, and John Zwiacher to the Electric Utility Board. Motion carried: 6 Ayes, 0 Nays. Council Member Boren was away from the dais. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Leonard to reappoint Michael Ward to the Health/Education Facilities Board of Directors. Motion carried: 6 Ayes, 0 Nays. Council Member Boren was away from the dais. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Leonard to appoint Gary Loden to the Urban Design/Historic Preservation Commission. Motion carried: 6 Ayes, 0 Nays. Council Member Boren was away from the dais. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Leonard to reappoint Irasema Velasquez to the Airport Board. Motion carried: 6 Ayes, 0 Nays. Council Member Boren was away from the dais. 6.11. Utility Rate Decrease Resolution - City Manager's Office: Resolution No. 2006-RO467 to approve an agreed rate decrease for Atmos Energy Corporation, Lubbock Division, effective September 28, 2006, as provided for under the Gas Utility Regulatory Act § 104.111. RESOLUTION NO.2006-RO467 RESOLUTION BY THE CITY OF LUBBOCK, TEXAS APPROVING PURSUANT TO § 104.111 OF THE GAS UTILITY REGULATORY ACT AN AGREED REDUCTION TO THE TARIFFS AND RATES OF ATMOS ENERGY CORPORATION, LUBBOCK DIVISION, AS SUCH TARIFFS AND RATES ARE OUTLINED AND ATTACHED TO THIS RESOLUTION, AND PRESERVING RIGHTS UNDER THE GAS UTILITY REGULATORY ACT. WHEREAS, the City of Lubbock (the "City"), under the Gas Utility Regulatory Act ("GURA") of Texas, has original jurisdiction over the operations, services and rates of a gas utility operating within the municipal boundaries of the City; and WHEREAS, Atmos Energy Corporation, Lubbock Division ("Atmos") has agreed to a non -cost of service related system -wide rate decrease; and WHEREAS, the City has the authority under GURA § 104.111 to administratively approve an agreed decrease in rates for Atmos without the delay and expense of a formal hearing and without regard to the cost of service standard prescribed by GURA § 104.051; and WHEREAS, Atmos has developed new tariffs and rate schedules that implement the agreed rate decrease; and WHEREAS, the City has determined that it is in the best interest of the citizens of Lubbock to administratively approve the new tariffs and rate schedules that implement the agreed rate decrease without the delay and expense of a formal hearing and without regard to the cost of service standard prescribed by GURA § 104.051; NOW THEREFORE Regular City Council Meeting September 28, 2006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT: SECTION 1. The tariffs and rate schedules attached hereto and incorporated herein as though set forth fully herein as Exhibit 1, incorporating the agreed rate decrease, are just and reasonable and are hereby approved pursuant to GURA § 104.111. Atmos shall implement these tariffs and rate schedules as of the date of the execution of this Resolution. SECTION 2. The City Council determines that it is unnecessary to hold a formal hearing to approve the tariffs and rate schedules outlined in Exhibit 1 such tariffs and rate schedules without regard and without any comment concerning the cost of service standard prescribed by GURA § 104.051. SECTION 3. Nothing contained in this Resolution shall be construed as a waiver by either the City or Atmos of any other right, obligation, and/or remedy not specifically addressed by this Resolution and otherwise available to either the City or Atmos under the GURA. Both the City and Atmos specifically reserve any and all rights and remedies available to it under GURA not specifically mentioned in this Resolution including, without limitation, the right to initiate and prosecute a full cost of service rate case SECTION 4. Atmos and the City have no reimbursable rate case expenses solely associated with the implementation of the agreed rate decrease that forms the subject matter of this Resolution. Passed by the City Council this 28th day of September, 2006 /s/David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Lee Ann Dumbauld Lee Ann Dumbauld, City Manager APPROVED AS TO FORM: /s/Matthew L. Wade Matthew L. Wade Natural Resources Attorney Consider a resolution approving an agreed reduction to the tariffs and rates of Atmos Energy Corporation, Lubbock Division, effective September 28, 2006, as provided for under the Gas Utility Regulatory Act § 104.111. FISCAL IMPACT No fiscal impact anticipated. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member DeLeon to pass Resolution No. 2006-RO467 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. Regular City Council Meeting September 28, 2006 1:42 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Leonard adjourned the meeting. Read and approved this / q�4 day of 96 , 2008 Jiro Gilbreath, Mayor Pro Tern ATTEST: Rebec a Garza, City Secretary 290