HomeMy WebLinkAboutMinutes - City Council - Regular - 2/6/2007CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
FEBRUARY 6, 2007
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 6th day
of February, 2007, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
�
7:30 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller, Mayor Pro Tem Jim Gilbreath, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Phyllis Jones, Council Member Floyd Price
Absent: Council Member John Leonard
1. CITIZEN COMMENTS
1.1. The family of Jay Lester will appear before the City Council to formally
thank City Council and the City of Lubbock for all their support and help.
This item was deleted.
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
GtigaHon; the purchase, exchange, lease, or value of real property; personnel
matters; and competitive matters of the public power utility, as provided by
Subchapter p of Chapter 551 of the Government Code, the Open Meetings Law."
� 7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present.
2.1. I3old 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, Police, Right-
of-Way, Solid Waste, 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 (Overton, 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 551.086, on the following competitive matters (Electric Utilities):
2.4.1 to deliberate, vote and take fmal action on electric rates of Lubbock
Power and Light;
2.4.2 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;
2.4.3 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.
Regular City Council Meeting
February 6, 2007
9:35 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 P6yllis 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 9:35 a.m.
3. PROCLAMATIONS AND PRESENTATIONS
Note: Items are listed in the order they were considered.
3.2. Invocation by Pastor T.L. Garrett, Trinity Church.
3.1. 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. Presentation of a special recognition honoring David Swissler on his
induction to the United Soccer Leagues Hall of Fame.
Mayor Miller presented special recognition to David Swissler for being
inducted into the United Soccer Leagues Hall of Fame. Swissler graduated
from Monterey High School in 1983 and was a member of the Lubbock Lasers,
a semi-professional indoor soccer league.
3.4. Presentation of a special recognition commemorating 2007 as Colon
Cancer Prevention and Awareness Year.
Dr. Davor Vugrin and members of the Task Force joined Mayor Miller as he
presented special recognition to commemorate 2007 as Colon Cancer
Prevention and Awareness Year. Dr. Vugrin gave comments and then issued
certificates of appreciation to Mayor Miller and City Council to recognize their
outstanding role in promoting health and well-being for Lubbock citizens.
3.5. Presentation of a special recognition honoring Lubbock native Gene
Malone Hildreth for her dedicated service to the community as a volunteer
for the American Red Cross and YWCA swimming program.
Mayor Miller invited Gene Malone Hildreth and her daughter, Valerie Werker,
to join him as he presented special recognition to honor Ms. Hildreth for her
dedicated service to the community as a volunteer for the .American Red Cross
and YWCA swimming program. Ms. Werker gave comments and thanked the
Mayor for the recognition. Ron Holihan, Director of the LISD Pete Regas
Aquatic Center, gave comments and thanked Ms. Hildreth for her dedication
and hard work.
3.6. Presentation of a special recognition honoring the City of Lubbock
Community Development Department as a recipient of the 2007 Audrey
Nelson Community Development Achievement Award.
Nancy Haney, Executive Director of Community Development; Bill Howerton,
Director of Community Development; Brad Reed, Building Construction
Inspector for Community Development; Corey O'Guinn, Community
Coordinator for World Changers; and Peter Laverty, member of the Community
Development and Services Board, all joined Mayor Miller as he presented
special recognition to honor the City of Lubbock Community Development
Deparhnent for receiving the 2007 Audrey Nelson Community Development
Achievement Award. Mr. O'Guinn gave comments.
108
Regular City Council Meeting
February 6, 2007
3.7. Proclamation declaring Sunday, February 18, 2007, as the day to
commence praying for the Lubbock community during the year 2007.
Steve Doles of Pray Lubbock joined Mayor Miller as he declared Sunday,
February 18, 2007, as the day to commence praying for the Lubbock
community during 2007. Doles gave comments.
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
,,� January 12, 2007
Motion was made by Cou.ncil Member Jones, seconded by Council Member
Price to approve the minutes of the Regular City Council Meeting of January
12, 2007 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5. CONSENT AGENDA (Items 5.1-5.2. 5.4, 5.8-5.11, 5.14-5.15. 5.17)
Motion was made by Council Member Price, seconded by Council Member DeLeon to
approve Items 5.1-5.2, 5.4, 5.8-5.11, 5.14-5.15, 5.17 on consent agenda as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.1. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No.
2007-00013 Consider budget ordinance Amendment No. 6 amending the
FY 2006-07 budget respecting the General Fund, Special Revenue Fund
(Community Development), Grant Fund, and Capital Improvement
Program.
ORDINANCE NO. 2007-00013
AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GENERAL FUND; (2) SPECIAL REVENUE
FUND (COMMUNITY DEVELOPMENT); (3) GRANT FLTND; AND (4) CAPITAL
IMPROVEMENT PROGRAM.
1. Amend Capital Improvement Project #90379, Signal System
Communications, which is the first phase of the Intelligent Traffic System
(ITS) capital project from the 2004 bond election. TxDOT is providing an
additional $190,886 for construction costs through an advance funding
agreement as a partner with the City in the ITS program. This funding,
along with a$34,000 transfer from the second phase of the project (CIP
project #91100, Signal Communication Phase 2), will provide a total
appropriation of $374,886. The transfer of funds is necessary to purchase
splicing equipment needed for both phases of the project. This equipment
was not eligible for TxDOT funding. This budget amendment makes the
necessary appropriations and transfers to amend this project.
2. Amend Capital Improvement Project #91100, Signal System
Communications Phase 2, which is the second phase of the Intelligent
Traffic System (ITS) capital project from the 2004 bond election. As part of
the advance funding agreement, TxDOT is funding $171,008 of
construction costs with the City as a partner in the ITS program. The
additional funding and the transfer shown in Item 1, increases the total
appropriation for this project to $382,101. This budget amendment makes
the necessary appropriations to amend this project.
3. Establish a new Capital Improvement Project Traffic Signals — Marsha
Sharp 3-B and appropriate $99,591 from a TxDOT advance funding
a... agreement, with estimated revenues increased accordingly. TxDOT will pay
the full cost for the City to furnish traffic signal equipment for temporary
and permanent traffic signals between Chicago and Salem during the
construction of Marsha Sharp Freeway Phase 3-B.
4. Amend Capital Improvement Program Project #91074, North Overton TIF
Public Facilities, by appropriating an additional $3 million of FY 2007
Taxable Bonds, the total appropriation for the project will be $11.4 million.
A Master Development Agreement with Gazfield Traub Development, LLC
was approved at the January 12, 2007, City Council meeting that
109
Regular City Council Meeting
February 6, 2007
incorporated the larger size and design of the conference/civic center
located in Overton Park.
5. On June 8, 2006, City Council approved a$233,712 allocation from the
City's Community Development Block Grant program for a Property
Maintenance Inspection program through the Codes Enforcement
Deparhnent. This program focuses on CDBG eligible areas and provides
heightened codes inspections and enforcement. The original allocation
funded four inspectors. After a review of the budgeted and available funds,
staff is requesting an additional inspector position. The estimated cost of the
additional position is $38,164. This budget amendment authorizes the
additional grant funded full-time position in Codes Enforcement.
6. Accept and appropriate a$520,994 grant from Texas Department of
Housing and Community Affairs for the Comprehensive Energy Assistance
Program (CEAP) an energy assistance program. This grant will fund
progranns to assist low-income persons and families with energy assistance
and energy efficiency.
7. Accept and appropriate a$390,000 grant from Texas Department of
Housing and Community Affairs for the Community Services Block Grant
(CSBG). The grant will fund programs to assist low-income persons and
families with self-sufficiency, information, and referral.
8. Amend Capital Improvement Project 90406, Visitors Information Center,
by appropriating an additional $1 million for a total project appropriation of
$1.31 million. The funding sources for this project will be composed of
$70,000 of Hotel/Motel Funds, which have been previously expended, and
$1.24 million of Certificates of Obligation, Series 2007, with annual debt
payments funded from hotel/motel tax revenues. The additional
appropriation will be used to purchase property for a future Visitors
Information Center and any demolition, asbestos abatement, or related
costs.
FISCAL IMPACT
Included in item sumrnary.
Staff recommended approval of the second reading of this ordinance.
5.2. Right-of-Way Ordinance lst Reading - Right-of-Way: Ordinance No.
2007-00014 abandoning and closing a 10-foot alley located in Section 11,
Block S, adjacent to Lot 1, Loop Industrial Addition, alley closure located
at 7825 Peach Avenue.
ORDINANCE NO. 2007-00014
AN ORDINANCE ABANDONING AND CLOSING A 10-FOOT ALLEY
LOCATED IN SECTION 11, BLOCK S, ADJACENT TO LOT 1, LOOP INDUSTRIAL
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 abandons and closes a 10-foot alley in Section 11, Block S,
adjacent to Lot 1, Loop Industrial Addition, which is located just north of U.S.
84/Slaton Highway and west of Southeast Drive. This tract of land is being re-
platted into three tracts and this alley is no longer needed. Since the requestor of
this closure is not the original dedicator of the alley area being closed, there will
be a charge for the alley closure. The total alley azea being closed is 9,060.48
square feet and in the re-plat the owner is dedicating 29,324 square feet of street
right-of-way. Therefore, there will not be a charge 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 first reading of this ordinance.
110
Regular City Council Meeting
February 6, 2007
5.3. This item was moved from consent agenda to regular agenda and
considered following Item 5.17.
5.4. Approval of Improvements Resolution - Parks and Recreation: Resolution
No. 2007-R0043A authorizing Lubbock Memorial Arboretum Foundation,
Inc. to construct the Roberta Kershner Davis Memorial Arbor on the
grounds of the Arboretum and Botanical Garden in K.N. Clapp Park.
RESOLUTION NO. 2007-R0043a
� WHEREAS, Lubbock Memorial Arboretum Foundation, Inc., has proposed to
construct a Roberta Kershner Davis Memorial Arbor on the grounds of the Lubbock
� Memorial Arboretum and Botanical Garden in K.N. Clapp Park to honor Roberta Kershner
Davis; and
WHEREAS, the City of Lubbock Parks and Recreation Advisory Board has
recommended approval of the project by the City; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That the City Council of the City of Lubbock hereby approves the proposal to
construct a Roberta Kershner Davis Memorial Arbor on the Grounds of the Lubbock
Memorial Arboretum and Botanical Garden at K.N. Clapp Park by Lubbock Memorial
Arboretum Foundation, Inc., in accordance with the documents attached hereto as Exhibit
A and Exhibit B. Said Exhibits A and B shall be a part hereof as if fully set forth herein
and made a part hereof for all purposes. Said improvements are being made pursuant the
current Agreement between the City and Lubbock Memorial Arboretum Foundation, Inc.
Passed by the City Council this 6�` day of February, 2007.
/s/ David A. Miller
DAVID A MILLER, MAYOR
ATTEST:
Isl Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Isl Randv Truesdell
Randy Truesdell, Community Services Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
In January 1993, City Council approved an agreement with the Lubbock
Memorial Arboretum Foundation, Inc. for the development and maintenance of
the Arboretum and Botanical Garden in K.N. Clapp Park located at 46th Street
*°— and Avenue U. According to the agreement, the Arboretum shall make no
structural improvements without the consent of the City.
The Arboretum Board of Directors has submitted a request to construct an arbor
honoring Roberta Kershner Davis. Ms. Davis was very involved in the
horticulture industry and an active volunteer at the Arboretum. The arbor, a
shady garden shelter, will be constructed of steel and will include rock seating
areas. It will be placed over the accessible walking track on the Arboretum
grounds. Exhibit A provided in the backup is a depiction of the arbor and
Exhibit B is a material list and cost estimate for the structure. The Lubbock
Memorial Arboretum Foundation will be responsible for the acquisition of
111
Regular City Council Meeting
February 6, 2007
materials and construction of the arbor. The plans have been stamped by a
structural engineer and are approved by the Parks and Recreation Pazk
Development staff.
During the January 23, 2007, Pazks and Recreation Advisory Board meeting,
the Board recommended approval of the construction of the Roberta Kershner
Davis Memorial Arbor.
FISCAL IMPACT
The full cost of this project will be funded by the Lubbock Memorial
Arboretum Foundation, Inc.
Staff recommended approval of this resolution.
5.5. This item was moved from consent agenda to regular agenda and
considered following Item 5.3.
5.6. This item was moved from consent agenda to regular agenda and
considered following Item 5.5.
5.7. This item was moved from consent agenda to regular agenda and
considered following Item 5.6.
5.8. Contract Resolution - Community Development: Resoludon No. 2007-
R0044 authorizing the Mayor to execute a Community Development
Funding Contract with Lutheran Social Services of the South to provide
utility assistance to qualified low-income persons and families through the
Comprehensive Energy Assistance Program and the Community Services
Block Grant.
�7 �.�i]_IIi�_��i]��[I�III��III�!
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Contract, by and between the City of
Lubbock and Lutheran Social Services of the South from the Comprehensive Energy �
Assistance Program (CEAP) for the Elderly/Disabled and Energy Crisis Utility Assistance
Components, and all related documents. Said contract is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 6�' day of February, 2008.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton, Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
112
Regular City Council Meeting
February 6, 2007
Grantee: Lutheran Social Services of the South
Program: E1der1y/Disabled and Energy Crisis Utility Assistance Components
Fu.nding Source: 2007 Comprehensive Energy Assistance Program and
Community Services Bock Grant.
�
Use of Funds: Provide Utility assistance to qualified low-income persons and
families.
Amount: $214,000 CEAP funds, $10,505 CSBG funds.
Period of Performance: January 1, 2007, through December 31, 2007.
The Community Development Services Board approved this program.
FISCAL IMPACT
The maximum amount to be allocated from the State Comprehensive Energy
Assistance Program and the Community Services Block Grant for this program
is $224,505.
Staff recommended approval of this resolution.
5.9. Contract Resolution - Community Development: Resolution No. 2007-
R0045 authorizing the Mayor to execute a Community Development
Funding Contract with Catholic Family Services to provide utility
assistance to qualified low-income persons and families through the
Comprehensive Energy Assistance Program.
RESOLUTION NO. 2007-R0045
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Contract, by and between the City of
Lubbock and Catholic Family Services from the Comprehensive Energy Assistance
�,, Program (CEAP) for the Co-Pay Utility Assistance Program, and all related documents.
Said contract is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 6�` day of February, 2008.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
Jsl Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton. Jr.
�"" Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/ Amv Sims
Amy Sims, Assistant City Attorney
113
Regular City Council Meeting
February 6, 2007
Grantee: Catholic Family Services
Program: Co-Pay Utility Assistance
Funding Source: 2007 Comprehensive Energy Assistance Program.
Use of Funds: Provide Utility assistance to qualified low-income persons and
families and help them become self-sufficient.
Amount: $60,000 CEAP funds.
Period of Performance: January 1, 2007, through December 31, 2007.
T'he Community Development Services Board approved this program.
FISCAL IMPACT
The maximum amount to be allocated from the State Comprehensive Energy
Assistance Program for this local program is $60,000.
Staff recommended approval of this resolution.
5.10. Contract Resolution - Community Development: Resolution No. 2007-
R0046 authorizing the Mayor to execute a Community Development
Funding Contract with Life Run Independent Living Centers to provide
utility assistance to qualified low-income persons and families through the
Comprehensive Energy Assistance Program.
RESOLUTION NO. 2007-R0046
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Contract, by and between the City of
Lubbock and Life Run Independent Living Centers from the Comprehensive Energy
Assistance Program (CEAP) for the Elderly/Disabled Utility Assistance Program, and all
related documents. Said contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 6�' day of February, 2008.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
r.�Mr���
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton, Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/ Am Sims
Amy Sims, Assistant City Attorney
114
Regular City Council Meeting
February 6, 2007
Grantee: Life Run Independent Living
Program: Elderly/Disabled Utility Assistance
Funding Source: 2007 Comprehensive Energy Assistance Program
Use of Funds: Provide Utility assistance to qualified low-income persons and
families.
Amount: $61,000 CEAP funds
�. Period of Performance: January 1, 2007, through December 31, 2007.
The Community Development Services Board approved this program.
FISCAL IMPACT
The maximum amount to be allocated from the State Comprehensive Energy
Assistance Program for this local program is $61,000.
Staff recommended approval of this resolution.
5.11. Contract Resolution - Community Development: Resolution No. 2007-
R0047 authorizing the Mayor to execute a Community Development
Funding Contract with Catholic Family Services to provide assistance to
families to transition them out of poverty through the Community Service
Block Grant for the Self-Sufficiency Program.
RESOLUTION NO. 2007-R0047
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, an Amendment to a Community
Development Funding Contract, by and between the City of Lubbock and Catholic Family
Services to assist families transitioning out of poverty through the Community Services
Block Grant for the Self-Sufficiency Program, and all related documents. Said amendment
,,�., is attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 6�' day of February, 2007.
Is/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton, Jr
Bill Howerton, Jr., Community Development Director
�
APPROVED AS TO FORM:
/s/ Amv Sims
Amy Sims, Assistant City Attorney
115
Regular City Council Meeting
February 6, 2007
Grantee: Catholic Family Services
Program: Self-Sufficiency Program
Funding Source: 2007 Community Service Block Grant
Use of Funds: Self-Sufficiency- Provide assistance to families to transition
them out of poverty.
Amount: $72,200 CSBG funds
Period of Performance: January 1, 2007, through December 31, 2007.
The Community Development Services Boazd approved this program.
FISCAL IMPACT
The maximum amount to be allocated from the State Community Services
Block Grant for this program is $72,200.
Staff recommended approval of this resolution.
5.12. This item was moved from consent agenda to regular agenda and
considered following Item 5.7.
5.13. This item was moved from consent agenda to regular agenda and
considered following Item 5.12.
5.14. Contract Resolution - Parks and Recreation: Resolution No. 2007-R0048
authorizing the Mayor to execute a contract with Community Lawn Care
for the application of pre-emergent liquid herbicide, post-emergent liquid
herbicide, and liquid fertilizer at various parkland properties, BID-
07-007-MA.
RESOLUTION NO. 2007-R0048
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 Community Lawn Care of Lubbock, Texas, for pre-emergent and post-
emergent application for various park properties, ITB 07-007-MA, 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 6�' day of February, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randv Truesdell
Randy Truesdell
Community Services Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
This contract will provide the application of pre-emergent and post-emergent
liquid herbicide and the application of liquid fertilizer for various parkland
properties during the 2007 season. Each of three applications will cover
approximately 1,500 acres. The herbicide applications will control and/or
116
Regular City Council Meeting
February 6, 2007
eradicate summer annual and perennial weeds and the fertilizer applications
will improve turf health and appearance.
The first application will include a mixture of Simizine 4L pre-emergent liquid
herbicide and liquid fertilizer 12-14-4-2 applied from mid-February through the
end of March. The second application will include a mixture of Strike 3 Ultra 2
post-emergent liquid herbicide and liquid fertilizer 32-0-0 applied from mid-
April through mid-May. The third application will include a mixture of
Simizine 4L pre-emergent liquid herbicide and Strike 3 Ultra 2 post-emergent
� liquid herbicide applied from early September through mid-October.
FISCAL IMPACT
$316,836 is appropriated for this purpose in the Parks and Recreation Operating
Budget, with $249,315 available.
Staff recommended bid award to the lowest bidder Community Lawn Care of
Lubbock, Texas for $216,555.
5.15. Contract Resolution - Parks and Recreation: Resolution No. 2007-R0049
authorizing the Mayor to execute a contract with Community Lawn Care
for the application of granular fertilizer at various parkland properties,
BID 07-008-MA.
RESOLUTION NO. 2007-R0049
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 Community Lawn Care of Lubbock, Texas, for fertilizer application for
various park properties, ITB 07-008-MA, 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 6`� day of February, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
AT'TEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randv Truesdell
Randy Truesdell
Community Services Director
APPROVED AS TO FORM:
/s/ Don Vandiver
�
Don Vandiver, Attorney of Counsel
This contract will provide three applications of granular fertilizer on various
parkland properties for the 2007 season. Each application will cover 1,200
acres of developed parks, Civic Center, libraries, Berl Huffinan Complex,
Mackenzie ball fields, and fields at McAlister Park. Granular fertilizer will be
applied at a rate of 141 pounds per acre. Granular fertilizer analysis is 38-0-0,
4% Sulfur, 3% Iron. The fertilizer blend and application rates are based upon
soil analysis performed at various park sites.
The first, second, and third applications will be applied during the months of
June, July, and August, respectively.
117
Regular City Council Meeting
February 6, 2007
FISCAL IMPACT
$225,604 is appropriated for this purpose in the Parks and Recreation Operating
Budget, with $220,665 available.
Staff recommended bid award to the lowest bidder Community Lawn Care of
Lubbock, Texas for $134,100.
5.16. This item was moved from consent agenda to regular agenda and
considered following Item 5.13.
5.17. Contract Resolution - Civic Center: Resolution No. 2007-R0050
authorizing the Mayor to execute an agreement with Civic Lubbock, Inc.
to administer the Cultural Arts Grant program.
RESOLUTION NO. 2007-R0050
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an Agreement between the City of
Lubbock and the Civic Lubbock, Inc., to administer the Cultural Arts Grant Program, and
related documents. Said Agreement is attached hereto and incorporated in this Resolution
as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 6�' day of February, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Freddv Chavez
Freddy Chavez,
Director of Civic Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
On September 21, 2005, City Council approved a License Agreement with
Civic Lubbock, Inc. (CLI) granting CLI a license for all food, beverage and
other concession sales including the City Bank Auditorium/Coliseum, Lubbock
Memorial Civic Center, Buddy Holly Center, and Silent Wings Museum for a
period of eight years. The agreement also specifies that CLI will create the
Cultural Arts Grant Review Committee, which will manage funding identified
for grants. Funding for the grant program is allocated from 5.71429% of the
total hotel/motel tax collected during the previous fiscal year.
This agreement provides for a total of $194,909, which is 5.71429% of the total
hotel/motel tax collected during the fiscal year ended September 30, 2006. The
Cultural Arts Grant Review Committee has developed guidelines for the
Cultural Arts Grant Program funded by the Hotel Occupancy Tax, which are
being presented with the agreement to manage the grant program. Once the
agreement and guidelines are approved, the committee will be accepting grant
applications and will make recommendations to the Civic Lubbock, Inc. Board.
Twice each year, Civic Lubbock, Inc. Board will present grant application
recommendations to the City Council. Upon approval by City Council, CLI will
118
Regular City Council Meeting
February 6, 2007
begin using the allocated funds for the approved grantees. Civic Lubbock, Inc.
will be responsible for monitoring and administering all aspects of the grant
program.
FISCAL IMPACT
This agreement will transfer $194,909 from Hotel Occupancy Taxes in FY
2006-07 to Civic Lubbock, Inc. for the Cultural Arts Program.
Staff recommended approval of this resolution.
�" 6. REGULAR AGENDA
Note: Regular Agenda items and Consent Agenda items moved to Regular
Agenda are listed in the order they were addressed (Items 5.3, 5.5-5.7, 5.12-
5.13, 5.16, 6.1-6.10).
5.3. Board Appointments - City Secretary: Declare appointments to the
Lubbock Housing Authority Board of Directors.
Declare the following appointments to the Lubbock Housing Authority:
Dan Alderson
Pat Colby
Calvin Davis
Dennis Phillips
All members of the Lubbock Housing Authority Board are appointed directly
by the Mayor pursuant to Texas Housing Authority Law, (Texas Local
Government Code 392.0331), without confirmation from City Council. The
Mayor has appointed the above listed individuals.
FISCAL IMPACT
No fiscal impact is anticipated.
Anita Burgess, City Attorney, answered questions from Council as to why this
'� item was included in the agenda. She said the Mayor makes the appointments
to this board, but this is a formality to get the information into the records of the
city.
Motion was made by Council Member Jones, seconded by Council Member
Price to declare the appointment of Dan Alderson, Pat Colby, Calvin Davis, and
Dennis Phillips to the Lubbock Housing Authority Board of Directors. Motion
carried: 7 Ayes, 0 Nays.
5.5. Interlocal Agreement - Emergency Management: Resolution No. 2007-
R0051 authorizing the Mayor to execute an Interlocal Agreement between
the City of Lubbock and the City of Ralls regarding use of a flatbed truck
to transport the Regional Decontamination Trailer.
RESOLUTION NO. 2007-R0051
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal
Agreement with the City of Ralls, Texas, regarding use of a flatbed truck to
transport the Regional Decontamination Trailer in an emergency situation. Said
Interlocal 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.
�
119
Regular City Council Meeting
February 6, 2007
Passed by the City Council this 6`� day of February, 2007.
/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 Office of Emergency Management and Homeland Security requests
authorization for the City of Lubbock to loan and allow the City of Ralls to use
Lubbock's 2001 white Chevy K2500 flatbed truck to transport the regional
decontamination trailer when necessary under the 2004 M�tual Aid Agreement
for Councils of Government for the South Plains Association of Governments
Region.
FISCAL IMPACT
No fiscal impact is anticipated. The City of Ralls will house the vehicle and be
responsible for all fuel and maintenance of the vehicle.
Staff recommended approval of this resolution.
Kevin Overstreet, Emergency Operations Center Director; Lee Ann Dumbauld,
City Manager; Anita Burgess, City Attorney; Rhea Cooper, Interim Fire Chief;
and J. Rhett Parker, Ralls City Administrator, gave comments and answered
questions from Council.
Council's discussion was on whether to donate the vehicle, valued at $10,000,
to the City of Ralls or to loan it. Motion was made by Council Member Jones,
seconded by Council Member Price to amend the resolution by gifting the
vehicle to Ralls. After further discussions, consensus from Council was to go
ahead with the original plan of loaning the vehicle. At that time, Council
Members Jones and Price withdrew the motion and second.
Motion was then made by Council Member Boren, seconded by Council
Member Jones to pass Resolution No. 2006-R0051 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.6. Contract Amendment Resolution - Community Development: Resolution
No. 2007-R0052 authorizing the Mayor to execute a contract amendment
with Texas Department of Housing and Community Affairs for the
Community Services Block Grant to provide assistance to reduce poverty,
revitalize low-income communities, and empower low-income families and
individuals to become self-sufficient.
120
Regular City �ouncil Meeting
February 6, 2007
RESOLUTION NO. 2007-R0052
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Contract, by and between the City of
Lubbock and Texas Department of Housing and Community Affairs for the Community
Services Block Grant (CSBG), and all related documents. Said contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
�
minutes of the City Council.
Passed by the City Council this 6`� day of February, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
Isl Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
fsl Bill Howerton Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
lsl Amv Sims
Amy Sims, Assistant City Attorney
This contract amendment extends a grant that provides assistance to local
communities to reduce poverty, revitalize low-income communities, and
empower low-income families and individuals to become self-sufficient.
The source for this contract is a pass-through grant from Texas Department of
Housing and Community Affairs (TDHCA) and additional funding in the
amount of $138,651 is added to the contract.
The contract is an electronic signature contract. The contract amendment
extends the contract end date from December 31, 2006, to December 31, 2007.
FISCAL IMPACT
The maximum amount to be allocated from the State Community Services
Block Grant for this program is $138,651.
Staff recommended approval of this resolution.
Nancy Haney, Executive Director of Community Development, gave comments
and answered questions from Council.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member
DeLeon to pass Resolution No. 2006-R0052 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
121
Regular City Council Meeting
February 6, 2007
5.7. Contract Resolution - Community Development: Resolution No. 2007-
R0053 authorizing the Mayor to execute a contract with Texas Department
of Housing and Community Affairs for the Comprehensive Energ,y
Assistance Program to fund utility assistance to low-income persons.
RESOLUTION NO. 2007-R0053
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Contract, by and between the City of
Lubbock and Texas Department of Housing and Community Affairs for the
Comprehensive Energy Assistance Program (CEAP), and all related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council this 6�' day of February, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton. Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/ Amv Sims
Amy Sims, Assistant City Attorney
This resolution is a renewal of a grant that funds utility assistance to low-
income persons and the repair or replacement of inefficient appliances
including heating/cooling systems, water heaters, and refrigerators.
Components of the program consist of Elderly/Disabled, Energy Crisis, Co-
payment, Heating/Cooling Systems, and Direct Services Support.
The source for this contract is a pass-through grant from Texas Department of
Housing and Community Affairs (TDHCA) in the amount of $520,994.
The contract is an electronic signature contract. The period for performance of
this contract is January l, 2007, through December 31, 2007.
FISCAL IMPACT
The funds used are State funds from the Comprehensive Energy Assistance
Program. The maximum to be allocated to this grant is $520,994.
Staff recommended approval of this resolution.
Bill Howerton, Director of Community Development, and Nancy Haney,
Executive Director of Community Development, gave comments and answered
questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2006-R0053 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
122
Regular City Council Meeting
February 6, 2007
5.12. Contract Resolution - Community Development: Resolution No. 2007-
R0054 authorizing the Mayor to execute a Community Development
Funding Contract with the South Plains Association of Governments to
fund 2-1-1 Information and Referral Program to conduct information and
referral services for Lubbock County residents, and to produce and update
the information and referral guide.
RESOLUTION NO. 2007-R0054
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Contract, by and between the City of
Lubbock and South Plains Association of Governments (SPAG) from the Community
Services Block Grant (CSBG) to fund 2-1-1 Information and Referral Program, and all
related documents. Said contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 6�' day of February, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Isl Bill Howerton, Jr.
Bill Howerton, Jr., Community Services Director
APPROVED AS TO FORM:
Isl Am Sims
Amy Sims, Assistant City Attorney
Grantee: South Plains Association of Governments
Program: 2-1-1 Information and Referral Program
Funding Source: 2007 Community Services Block Grant
Use of Funds: The funds will be used to conduct information and referral
services for Lubbock County residents and for the production and update of the
information and referral guide.
Amount: $24,244 CSBG funds
Period of Performance: January 1, 2007, through December 31, 2007
�
This project was approved by the Community Development Services Board and
will vote on recommended funding at the January 31, 2007 meeting.
Specific 211 calls will follow SPAG's Policies and Procedures. These
procedures are included in the backup information. Pursuant to the procedures,
the Information Referral Specialist shall make no referrals to any agency that
advocates abortion or any agency that funds or provides abortion as a method of
birth control, under any circumstances.
123
Regular City Council Meeting
February 6, 2007
FISCAL IMPACT
The maximum amount to be allocated from the State Community Services
Block Grant for this program is $24,2440
Staff recommended approval of this resolution.
Scott Snider, Assistant City Manager, and Anita Burgess, City Attorney, gave
comments and answered questions from Council.
Because of the prior contract agreement between the City of Lubbock and
South Plains Association of Governments regarding the 2-1-1 Information and
Referral Program not making abortion referrals, and the fact that abortion
referrals were given out, Council Member Boren offered an amendment to
withhold funding the program until they become compliant.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member
Boren to pass Resolution No. 2006-R0054 and to withhold funding until the
program is in compliance. Motion carried: 7 Ayes, 0 Nays.
5.13. Contract Resolution - Water Utilities: Resolution No. 2007-R0055
authorizing the Mayor to execute a contract with Craig Wallace
ConstrucHon for Parks Irrigation System Groundwater Conversion, Phase
II Development, RFP 07-702-BM.
RESOLUTION NO. 2007-R0055
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 Craig Wallace Construction of Lubbock, Texas, for Parks Irrigation
System Groundwater Conversion, Phase II, RFP 07-702-BM, 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 6�' day of February, 20070
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas L. Adams
Thomas L. Adams
Assistant City Manager/Water Utilities
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
This potable water conservation project involves converting irrigation systems
from the municipal water system to a groundwater source using 12 irrigation
wells in seven City parks. City potable water will be used in the event of well
failure to ensure system performance. The following parks will be converted
with the corresponding number of wells shown for each park:
124
Regular City Council Meeting
February 6, 2007
Base Bid:
Andrews - 1 well
Hood - 1 well
Huneke - 1 well
McAllister - 1 well
Miller - 3 wells
Option #1 includes adding 3 wells at Higginbotham Park and a deduction for
installing 401inear feet of owner supplied 8 5/8-inch well casing and 70 linear
"� feet of owner supplied 8 5/8-inch well screen.
Option #2 includes adding 2 wells at McCullough Park.
Evaluation criteria published in the RFP included Price - 40%, Resume and
References of proposed Job Superintendent - 15%, Insurance Claims and
Litigations - 5%, Construction Time - 10%, List of Subcontractors - 10%, and
Contractor Phasing Options that may shorten construction time 5%.
The general contractors submitted proposals and were ranked as follows:
Craig Wallace Construction of Lubbock, Texas proposed a base bid of
$664,503.50, $208,810 for Option #1, and $192,426 for Option #2 for a total
bid price of $1,065,739.50. The proposed time for completion is 120 days. 435
points.
High Plains Drilling of Abernathy, Texas proposed a base bid of $771,464.87,
$281,436.99 for Option #1, and $237,427.37 for Option#2 for a total bid price
of $1,290,329.23. The proposed time for completion is 180 days. 320 points.
The Lubbock Water Advisory Commission recommended contract award to
Craig Wallace Construction of Lubbock, Texas for $1,065,739.56.
FISCAL IMPACT
A total of $3,500,000 is appropriated with $1,188,726 available in Capital
�` Improvement Project 90357, Parks Conversion to Groundwater, for this
purpose.
Staff supports the recommendation of the Lubbock Water Advisory
Commission and recommended contract award to the lowest bidder Craig
Wallace Construction of Lubbock, Texas for $1,065,739.56.
Tom Adams, Deputy City Manager/Water Utilities Director, gave comments
and answered questions from Council.
Motion was made by Council Member Leonard, seconded by Mayor Pro Tem
Gilbreath to pass Resolution No. 2006-R0055 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.16. Contract Resolution - Police: Resolution No. 2007-R0056 ratifying the
purchase of police badges to be reimbursed through individual officer's
clothing allowances and authorizing the Mayor to execute a purchase
order contract with SymbolArts, LLC.
RESOLUTION NO. 2007-R0056
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby ratifies for and on behalf of the City of Lubbock the
purchase of police badges and authorizes the Mayor to execute a purchase order contract
e� with Symbol Arts, LLC.
125
Regular City Council Meeting
February 6, 2007
Passed by the City Council this 6�' day of February, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Dale Holton
Dale Holton, Assistant Chief of Police
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
This is a resolution ratifying the purchase of police badges in the amount of
$32,155.20. Every officer received two new badges and the cost of the badges
will be offset from the officers' clothing allowance. These badges were acquired
from SymbolArts, LLC. The City tasked the company with designing the new
badges with the Lubbock Police Department logo and purchased the badges in a
lot, rather then having each officer individually purchase the badges.
FISCAL IMPACT
No fiscal impact. Each officer reimburses the City for the cost of the badges
through his/her uniform allowance. The clothing allowance is budgeted for this
purpose.
Staff recommended approval of this resolution.
Dale Holton, Assistant Police Chief, and Lee Ann Dumbauld, City Manager,
gave comments and answered questions from Council.
Discussion from Council was that the badges were part of the police officer's
uniform, and the cost should not be deducted from the officer's clothing
allowance. Council Member DeLeon offered a friendly amendment to "not
deduct the cost of the badges from the officer's clothing allowance."
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member
Leonard to pass Resolution No. 2006-R0056 with an amendment as proposed
by Council Member DeLeon to not deduct the cost of the badges from the
police officer's clothing allowance. Motion carried: 7 Ayes, 0 Nays.
6.1. Public Hearing 10:00 a.m. - Community Development: Hold a Public
Hearing to discuss the recommendations of the Community Development
and Services Board for the reallocation of unspent funds from the
Community Development Block Grant (CDBG), HOPE 3 Program and
HOME Investment Partnership Program (HOME).
Mayor Miller opened the public hearing at 10:43 a. m. No one appeared on
behalf of the reallocation of unspent funds. No one appeared in opposition.
Mayor Miller closed the hearing at 10:43 a. m.
On January 10, 2007, the Community Development and Services Board met to
discuss the reallocation of $740,000 in unspent funds. The Board voted to
approve the following funding recommendations:
126
Regular City Council Meeting
February 6, 2007
.--
Agency
CDBG Funds:
Boys and Girls Club
Boys and Girls Club
N & E Lubbock CDC
City of Lubbock
City of Lubbock
City of Lubbock
Total CDBG
HOPE 3 Funds:
City of Lubbock
Total HOPE 3
HOME Funds:
Community Housing
Resource Board
Total
Grand Total
FISCAL IMPACT
Project
Phea Branch-Facility Renovation
Optimist Branch-Facility Renovation
Down Payment and Closing Cost
108 Loan Payment
Emergency Repair
Residential Rehab-HOME
New Construction
Handicapped Accessible Housing
Amount
$25,000
90,000
100,000
65,000
100,000
20,000
400,000
240.000
240,000
100,000
100,000
$740,000
The unspent funds are from the Community Development Block Grant
(CDBG), HOPE 3 Program and HOME Investment Partnership Program
(HOME). The maximum to be allocated to these projects is $740,000. The
HOPE 3 funds will satisfy the federal matching requirements for the HOME
Program.
Staff supports the recommendations of the Community Development and
Services Board and recommended approval.
6.2. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2007-00015 Zone
Case No. 515-E (3664 SOth Street): Hold a public hearing to consider
request of Kathy Rodriguez (for Presto Hail Lifters) for a zoning change
from C-4 to C-4 with amended conditions to ordinance 9827 to allow rental
of recreational vehicles on Tract 3 of Lot 204 Murryhill Addition (the
south 150 feet of the west 150 feet of Lot 204 Murryhill Addition).
ORDINANCE NO. 2007-00015
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 515-E; AMEND THE CONDITIONS OF ORDINANCE
9827 ON C-4 ZONED TRACT 3 OF LOT 24, MURRYHILL ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Miller opened the public hearing at 10:44 a. m. No one appeared on
behalf of Presto Hail Lifters. Ted Hogan appeared in opposition. Mayor Miller
closed the hearing at 10:48 a. m.
The existing ordinance on this tract allows provides for all C-3 uses and one C-
4 use with two conditions:
• That it be limited to trailer/truck rentals and all unconditionally permitted C-3
uses (C-3 was the zoning at the time of the request)
• That there shall be no more than two rental units parked between the front of
the building and the adjacent streets, and the units shall be parked outside of
the vision triangle (the balance of any units on the lot are to be parked behind
the building).
Since the December meeting when this case was continued, staff reported
additional information to the Planning Commission that may help both the
applicant and the adjacent owners if the case is recommended to the City
Council. Mr. Hogan, owner of property north (on Memphis) of the former
127
Regular City Council Meeting
February 6, 2007
service station, objects to the heavier land use and parking the rental RV units
between the building and Memphis. He contends that the units will block vision
of his property from SOth Street. If an entire row of units extend to the property
line between the building and Memphis, he is accurate. The current building
has an approximate 58-foot setback from Memphis, which is greater than the
required 43-foot commercial foot setback for any building from an adjacent
street. The applicant rents the 3�35 foot self propelled units, and they are as
tall as the buildings in the area. One of the proposed conditions proposed below
will speak to this issue.
Staff recommended that in lieu of amending the current zoning by adding RV
sales, the Commission recommendation to the Council could be to substitute
the proposed use and eliminate the rental trailer sales while keeping the current
base C-3 district. The trailer rental business was visually more detrimental to
the property and vicinity than having only one unit RV parked immediately
adjacent to the building on the Memphis side, with any others parked behind
the building behind the Memphis building line.
One irony of the case is that if the owner of the hail dent business drove the unit
to work as a mode of transportation, she could park where the unit is proposed
to be parked for rent, and even have a"for sale" sign in the window versus the
"rent me" sign that is in the window of one of the RV units now. A letter
detailing the objectives of the applicant is in backup.
Adjacent land uses include:
N — Commercial
S — Commercial
E — Commercial
W — Commercial
The requ�st, as an amendment to an already existing C-4 parcel with the one
permitted C-4 use and all permitted C-3 uses, is not a cleaz deviation from the
Comprehensive Land Use Plan since the original case "broke the ice" with
regard to C-4 on a non-regional or State designated street. Amendment for the
proposed use and elimination of the trailer rental portion of current permitted
use should be primarily discussed with regard to compatibility to the adjacent
neighbors. The Planning Commission members expressed concern with regard
to "C-4 creep" that the yet to be adopted inner city study recommended against
if such rezoning initiates a downward spiral of land uses and increases
deterioration in the area. On both 34th Street and SOth Street, there will be
future increased pressure for heavier uses — and the staff is of the opinion that it
will be "look" of any heavier uses versus the actual zoning that will stabilize,
destabilize, or otherwise impact the inner portions of our com�nunity.
The applicants have requested to have two to four RV units on the pavement
between the building and Memphis, with the balance of any machines stored on
the lot to be in the back of the building. The Planning Commission
recommendation to the Council noted below would allow only one unit
between the building and Memphis.
The Planning Commission recornmended the case for approval with the
following conditions:
l. The use of the parcel for trailer rental as assigned in Ordinance 9827 is
rescinded.
2. One "for renY' RV may be parked on the Memphis side of the business. It
will be parked as close to the building as practical. The "rent me" or "for
rent" sign in the window of the vehicle does not constitute a"code" sign so
long as it is in one of the windows of the RV.
3. Any additional RV units for rent shall be stored in the back of the building,
behind the building line (58 feet) on the Memphis side.
4. An amended site plan is included in file Zone Case 515-E.
5. The amended zoning shall continue the existing C-3 permitted uses.
128
Regular City Council Meeting
February 6, 2007
6. The applicant shall propose a landscape plan for consideration and approval
by the Council during the second hearing.
7. The existing storage building on the east side of the business shall be
removed.
FISCAL IMPACT
No fiscal impact is anticipated.
With the potential to enhance the landscaping on the lot, and the exchange of
"'�'' this C-4 use in lieu of a less desirable use (the rental of U-Haul type trailers
approved a number of years ago), as well as attempting to keep SOth Street
' occupied and productive versus vacant, staff is in agreement with the
recommendations of the Planning Commission.
Randy Henson, Director of Planning, gave comments and answered questions
from Council. Mayor Pro Tem Gilbreath asked Mr. Henson to see that the
proponents be here on the second reading of this ordinance.
Motion was made by Council Member Boren, seconded by Council Member
Jones to pass on first reading Ordinance No. 2007-O0015 with an amendment
to Item 6, that the staff approve the landscaping plan. Motion carried: 7 Ayes,
0 Nays.
6.3. Ordinance Amendment 2nd Reading - Water Utilities: Ordinance No.
2007-00010 Consider an ordinance amending Chapter 28-52 and 28-53 of
the Code of Ordinances in regard to water rates.
This item was continued until the February 22, 2007 Regular City Council
Meeting.
ORDINANCE NO. 2007-00010
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS
'r'" 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK
BY REVISING WATER RATES AS CONTAINED THEREIN; BY ADDING SECTION
28-61 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS,
WITH REGARD TO VARIANCE AND APPEAL PROCEDURES REGARDING
WATER RATES AND BILLING; BY AMENDING SECTION 28-44(h) OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
JURISDICTION OF THE WATER BOARD OF APPEALS; PROVIDING A SAVING
CLAUSE; AND PROVIDING FOR PUBLICATION.
A Cost of Service study was completed recently for both the water and sewer
services in order to establish the appropriate rates to reflect the cost of
providing these services. In addition to the cost of service issues, the study also
proposed a change to the Average Winter Consumption (AWC) increasing
block rate to encourage greater water conservation. This study was cornpleted
and results were provided to the Lubbock Water Advisory Commission on
November 16, 2006.
The recommended rates are revenue neutral. Increases in rates for budgetary
purposes are considered with the annual budget. The changes proposed in this
ordinance are revenue neutral and reflect cost of service changes only.
Before 1990, the City had a decreasing block rate. This means that as a
customer used more water, the rate per 1,000 gallons dropped for the additional
use. In 1991, the City adopted a uniform water rate. Under this plan, the rate per
1,000 gallons used remains unchanged. It is now proposed that the City adopt
an increasing block rate plan in order to encourage greater conservation. Under
this plan, the rate per 1,000 gallons will increase for the additional use.
The specific plan proposed is called the AWC plan or Average Winter
Consumption plan. Under this plan, the volume of water included in Block 1
for residential use is determined differently for each customer based upon the
amount of water used by that customer in November, December, January and
February. The volume that can be used in Block 2 for residential customers is
129
Regular City Council Meeting
February 6, 2007
25,000 gallons. Block 3 would be for use over and above Block 1 and Block 2
use.
For commercial, multifamily and public entities, the volume allowed under
Block 1 is again determined by the customer's average winter consumption.
Block 2, however is not set on a specific use amount like residential. It is set on
150% of the average winter consumption. Block 3 again would be for use over
and above the Block 1 and Block 2 volumes.
For irrigation service, there is no Block 1 volume. Single family residential
irrigation service would have a Block 2 volume of 25,000 gallons, while non
residential service would have a Block 2 based upon 150% of the average
winter consumption. Block 3 again would be for use over and above the Block
2 volume.
Under the proposed rates, the monthly base charge would decrease for almost
all customers. Residential would decrease by $4.30 or 38.7% for 3/" water
meters. This decrease continues with as much as 52% to 73% reductions in the
monthly base chazge based upon the size of the meter.
The increasing block rate proposed would be uniform for almost all customers
as follows on a per 1,000 gallon basis:
Block 1 - $2.06
Block 2 - $2.58
Block 3 - $4.52
T'he current uniform rate for residential customers is $2.03 per 1,000 gallons of
water used. Previous multi family rates were $1.73 per 1,000 gallons while
commercial, public, and municipal rates were at $1.88 per 1,000 gallons. All
customers will receive a savings on the monthly base charge, but the cost per
1,000 gallons will decrease to encourage greater conservation.
Customers who use less water will see a water decrease. As an example, a
customer at the average of 7,000 gallons would see a 14.8% decrease. A
customer with a 25,000 gallon use would see an 8.6% increase. The goal is to
encourage all to save water.
FISCAL IMPACT
The recommendation is revenue neutral for the City. There are no proposed
increases or decreases in revenues for the Water Fund as a result of this
recommended change in water rates.
The Lubbock Water Advisory Commission has reviewed the recommendations
and has approved it for consideration by the City Council. City staff
recommended the proposed changes in order for rates to reflect the cost of
service.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member
Boren to continue this item to the February 22, 2007 Regular City Council
Meeting. Motion camed: 6 Ayes, 0 Nays.
Council Member Jones was away from the dais.
6.4. Budget Amendment Ordinance lst Reading - Finance: Ordinance No.
2007-00016 Amendment No. 7 amending the FY 2006-07 budget
respecting the General Fund and Grant Fund.
ORDINANCE NO. 2007-00016
AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GENERAL FLJND; AND (2) GRANT FUND.
1. Accept and appropriate grant from Texas Deparhnent of Housing and
Community Affairs for the Southwestern Public Service Low-Income
Program. Funding will be received in the amount of $28,804. The grant will
fund programs to assist low-income persons and families with weatherizing
their homes and installing energy efficiency measures. This is accomplished
by funding City programs that address this issue. The grant pays for both
130
Regular City Council Meeting
February 6, 2007
programmatic and administration of the funds. The contract will expire
December 31, 2007.
2. Authorize one additional grant-funded position in the Health Department.
An amendment to the contract with the Texas Department of State Health
Services approved at the January 25, 2007 City Council Meeting provided
additional funds to implement innovative immunization promotion
strategies and funded one full-time "ImmTrac/PICS Outreach SpecialisY'.
Activities of this position will be to increase vaccination coverage levels
among children 19 through 35 months of age in the Lubbock service area,
transition 100% of enrolled Texas Vaccine for Children providers to the
Pharmacy Inventory Control System, and present ImmTrac information to
providers, schools and other community groups. The amount provided
through the contract for this position is $60,221, which covers salary,
benefits, travel and other associated expenses. There will be no financial
impact on the General Fund related to this position.
FISCAL IMPACT
Included in item summary.
Staff recommended approval of the first reading of this ordinance.
Jeff Yates, Chief Financial Officer, gave comments and answered questions
from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass on first reading Ordinance No. 2006-O0016 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.5. Acceptance Resolution - Finance: Resolution No. 2007-R0057 accepting
the City of Lubbock Comprehensive Annual Financial Report, the Single
Audit Report, the State Award Audit, and the Management Letter for FY
2005-06.
RESOLUTION NO. 2007-R0057
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby accepts the Comprehensive
Annual Financial Report for the fiscal yeaz that ended September 30, 2006.
Passed by the City Council this 6TH day of February, 2007.
/s/ David A. Miler
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeffery C. Yates
Jeff Yates
�, Chief Financial Officer
APPROVED AS TO FORM:
/s/ D. Mitchell Satterwhite
D. Mitchell Satterwhite, Assistant City Attorney
Each year, the Accounting Department prepares a Comprehensive Annual
Financial Report (CAFR) that is designed to provide the City Council, citizens,
representatives of financial institutions, and others with detailed information
131
Regular City Council Meeting
February 6, 2007
concerning the financial condition and performance of the City of Lubbock. As
a significant component of the prepazation of the CAFR, an independent audit
firm of certified public accountants performs an audit of the City's general-
purpose financial statements and notes.
Kevin Kemp, partner of BKD, LLP will present the results of the audit to the
City Council and address any questions the City Council members have about
the audit or audit opinion. A final opinion will be presented with the final
printed copy of the CAFR. The Audit Committee has reviewed the CAFR.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
Jeff Yates, Chief Financial Officer, and Lee Ann Dumbauld, City Manager,
gave comments and answered questions from Council. Kevin Kemp, partner
with BKD, LLP, gave a report on the audit that was recently done. Kemp also
answered questions from Council. Council Member Boren asked that the
Central Lubbock Master Plan be added to the CAFR transmittal letter.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0057 as recommended by staff, with
adding the Central Lubbock Master Plan to the CAFR transmittal letter.
Motion carried: 7 Ayes, 0 Nays.
6.6. Compensation Resolution - City Council: Resolution No. 2007-R0058
authorizing salaries commensurate with the responsibilities of Assistant
City Manager positions for certain City employees.
RESOLUTION NO. 2007-R0058
WHEREAS, the Airport Director was promoted to the position of Assistant City
Manager for Transportation and Public Works in July 2006, and has assumed
additional responsibilities for Engineering, Solid Waste, Streets Maintenance, and
Traffic Engineering; and
WHEREAS, the Human Resources Director was promoted to the position of
Assistant City Manager for Community Services in July 2006, and has assumed
responsibilities for Parks and Recreation, Cemetery, Libraries, Health Department,
Civic Facilities, and Community Development; and
WHEREAS, the Director of Business Development was promoted to the position
of Assistant City Manager for Development Services, and has assumed additional
responsibilities for powntown Development, GIS and Mapping, Building Inspection,
and Planning; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT the Assistant City Manager for Transportation & Public Works
shall be paid an annual salary of $119, 250.00, commensurate with his
new responsibilities, and that this salary shall be effective as of the date
hereof; and
2. THAT the Assistant City Manager for Community Services shall be
paid an annual salary of $115,875.00, commensurate with his new
responsibilities, and that this salary shall be effective as of the date
hereof; and
3. THAT the Assistant City Manager for Development Services shall be
paid an annual salary of $109,125.00, commensurate with his new
responsibilities, and that this salary shall be effective as of the date
hereof.
132
Regular City Council Meeting
February 6, 2007
Passed by the City Council this 6`� day of February, 2007.
/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/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
During the FY 2006-07 budget process, a thorough evaluation of the City's
organizational chart was undertaken. During this evaluation, with the
consultation of City Council, the organizational structure was changed to
include additional Assistant City Manager positions. The organizational chart
was adopted on September 13, 2006, as was the Assistant City Manager
positions and their promotions increase. In lieu of creating additional positions,
the City Manager recommended current department directors be assigned
additional departments to supervise. To properly compensate the Assistant City
Managers for their promotions, as well as provide compensation commensurate
with their additional responsibilities, the following salary adjustments are
necessary.
The Airport Director was promoted to the position of Assistant City Manager
for Transportation and Public Works in July 2006, and has assumed additional
responsibilities for Engineering, Solid Waste, Streets Maintenance, and Traffic
Engineering. It is recommended that the Assistant City Manager for
Transportation and Public Works be paid an annual salary of $119,250,
commensurate with his new responsibilities, and that this salary be effective
upon adoption of the resolution.
� The Human Resources Director was promoted to the position of Assistant City
Manager for Community Services in July 2006, and has assumed
responsibilities for Parks and Recreation, Cemetery, Libraries, Health
Department, Civic Facilities, and Community Development. It is recommended
that the Assistant City Manager for Community Services be paid an annual
salary of $115,875, commensurate with his new responsibilities, and that this
salary be effective upon adoption of the resolution.
The Director of Business Development was promoted to the position of
Assistant City Manager for Development Services, and has assumed additional
responsibilities for powntown Development, GIS and Mapping, Building
133
Regular City Council Meeting
February 6, 2007
Inspection, and Planning. It is recommended that the Assistant City Manager
for Development Services be paid an annual salary of $109,125, commensurate
with his new responsibilities, and that this salary be effective upon adoption of
the resolution.
FISCAL IMPACT
The additional salary cost is included in the adopted FY 2006-07 Operating
Budget.
Motion was made by Council Member Price, seconded by Council Member
Jones to pass Resolution No. 2006-R0058 as recommended by staff.
Discussion on this item was had. Council Member Price called for the question,
which was seconded by Council Member Jones. Vote was taken, which
carried: 5 Ayes, 2 Nays. Council Members Boren and Leonard voted Nay.
Vote was then taken on the motion on the floor. Motion carried: 5 Ayes, 2
Nays. Council Members Boren and Leonard voted Nay.
6.7. Contract Resolutions - Parks and Recreation: Resolution No. 2007-
R0059; Resoludon No. 2007-R0060; Resolution No. 2007-R0061
authorizing the Mayor to execute contracts with Rampy Landscape; West
Texas Maintenance; GKC, Inc.; and Cutting Edge for turf maintenance of
various right-of-ways, municipal parklands, and the City of Lubbock
Cemetery, BID 07-003-MA.
RESOLUTION NO. 2007-R0059
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 Rampy Landscape Maintenance, LLC, of Lubbock, Texas, for turf
maintenance for rights-of-way and park properties, ITB 07-003-MA, which
Contract and any associated documents, are attached hereto and made a part of this
Resolution for all intents and purposes.
This resolution was voided due to the vendor withdrawing their bid.
RESOLUTION NO. 2007-R0060
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 GKC, Inc., of Lubbock, Texas, for turf maintenance for
rights-of-way and paxk properties, ITB 07-003-MA, which Contract and any
associated documents, are attached hereto and made a part of this Resolution for all
intents and purposes.
u
134
ReguIar City Council Meeting
February 6, 2007
Passed by the City Council this 6�' day of February, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
Isl Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Isl Randv Truedell
Randy Truesdell
Community Services Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
RESOLUTION NO. 2007-R0061
BE IT RESOLVED BY THE CITY COUNCTL 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 GKC, Inc., of Lubbock, Texas, for turf maintenance for
rights-of-way and park properties, ITB 07-003-MA, 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 6�` day of February, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
�
/s/ Randv Truesdell
Randy Truesdell
Cornmunity Services Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
135
Regular City Council Meeting
February 6, 2007
This bid is for turf maintenance of developed and undeveloped parkland,
medians, various high profile City properties (libraries, Walk of Fame Plaza,
City Bank Auditorium, etc.), right-of-ways, South Loop 289 turnarounds, and
the City of Lubbock Cemetery.
This project consists of mowing and trimming on approximately 3,054 acres
and 39 linear miles of right of way. The areas for each group are outlined
below:
Group 1 - 502.90 acres
Group 2 - 987.48 acres
Group 3 - 1,379.95 acres
Group 4- 23.29 acres and 38.741inear miles of right-of-way.
Group 5 - 160.0 acres
Total 3,053.62 acres
The bid included the following categories:
PARKS AND RECREATION
Group 1:
Class A with 29 cycles of mowing every 5 days - high visibility areas such as
Gateway Plaza, the Walk of Fame, Civic Centers, Groves Library, medians,
etc.
Class B with 25 cycles of mowing every 7 days - primarily swimming pools,
surrounding parks, and ball fields.
Class C with 17 cycles of mowing every 10 days - neighborhood parks
generally under 10 acres.
Group 2:
Class C with 17 cycles of mowing every 10 days - neighborhood parks
generally over 10 acres.
Group 3:
Class D with 9 cycles of mowing every 21 to 30 days - undeveloped rough
mow areas and Canyon Lakes.
Group 4:
Class B with 25 cycles of mowing every 7 days - Broadway Streetscape.
Class C with 17 cycles of mowing every 10 days - South Loop 289
Turnazounds.
Class E with 8 cycles of mowing every 30 days - rights-of-way.
CEMETERY
Group 5:
Class B with 25 cycles of mowing every 7 days.
The term of the contracts is three years with guaranteed pricing.
Staff recommended that City Council reject the bid for Group 2 and direct staff
to re-bid turf maintenance for these properties. West Texas Maintenance
submitted the only bid for Group 2. The $514,250 bid for Group 2 is more than
a 100 percent price increase when compared to the 2002 contract. The price bid
for Group 1 represents only a 2 percent price increase from the 2002 contract,
while the bids for Groups 3 and 4 represent a price decrease of 0.28 percent
compared to the 2002 contract.
The mowing area for Group 2 is 988 acres consisting generally of the large
pazks. Staff recommended dividing Group 2 into two groups, Group 2A and
Group 2B, and then re-bidding the work. Group 2A will include 497 acres and
Group 2B will include 491 acres. Dividing Group 2 into two smaller groups
should provide opportunities for additional mowing contractors to bid in order
to receive more competitive pricing.
136
Regular City Council Meeting
February 6, 2007
FISCAL IMPACT
$1,490,192 is appropriated for this purpose in the Parks and Recreation
Operating Budget with $1,262,898 available.
$145,000 is appropriated for this purpose in the Cemetery Operating Budget
with $134,814 available.
Staff recommended bid award for Groups 1 and 5 to the lowest bidder Rampy
Landscape of Lubbock, Texas for $470,816.40; bid award for Group 3 to the
�.► only bidder GKC, Inc. of Lubbock, Texas for $218,700; bid award for Group 4
i to the only bidder Cutting Edge of Lubbock, Texas for $138,100; and that City
Council reject the bid for Group 2 from the only bidder West Texas
Maintenance of Lubbock, Texas for $514,250.
Scott Snider, Assistant City Manager, gave comments and answered questions
from Council. City Attorney Anita Burgess pointed out that the
recommendation was to reject the bid for Group 2.
Motion was made by Council Member Price, seconded by Council Member
DeLeon to pass Resolution No. 2006-R0059; Resolution No. 2006-R0060; and
Resolution No. 2007-R0061 as recommended by staff. Motion carried: 7
Ayes, 0 Nays.
6.8. Appoint Chair to North Overton Tax Increment Financing Reinvestment
Zone - City Secretary: Appoint Chair to North Overton Tax Increment
Financing Reinvestment Zone Board of Directors.
By State statute and ordinance creating North Overton TIF, the governing body
of the municipality will appoint one member of the board to serve as chair for a
term of one year. Jack Driskill is currently serving as chair. Staff recommended
reappointing Jack Driskill as Chair.
FISCAL IMPACT
� No fiscal impact is anticipated.
Staff recommended reappointing Jack Driskill as Chair.
� Motion was made by Council Member DeLeon, seconded by Council Member
Price to reappoint Jack Driskill as Chair to the North Overton Tax Increment
Financing Reinvestment Zone Boazd of Directors. Motion carried: 7 Ayes, 0
Nays.
6.9. Appoint Chair for Central Business District Tax Increment Financing
Reinvestment Zone - City Secretary: Appoint Chair for Central Business
District Tax Increment Financing Reinvestment Zone Board of Directors.
By State statute and ordinance creating Central Business District TIF, the
governing body of the municipality will appoint one member of the board to
serve as chair for a term of one year. Merle Blosser is currently serving as chair
and staff recommended reappointing him to another term.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended reappointing Merle Blosser as chair.
Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem
Gilbreath to reappoint Merle Blosser as Chair for the Central Business District
r°� Tax Increment Financing Reinvestment Zone Board of Directors. Motion
, carried: 7 Ayes, 0 Nays.
6.10. Opposition to House Bill 651 Resolution - City Council: Resolution No.
2007-R0062 outlining the City of Lubbock's opposition to House Bill 651
filed with the 2007 Texas State Legislature relating to the jurisdiction of
the Texas Railroad Commission over gas utilities.
137
Regular City Council Meeting
February 6, 2007
RESOLUTION NO. 2007-R0062
WHEREAS, traditionally, the governing bodies of home rule municipalities, such
as the City of Lubbock, have acted as the regulatory bodies to review the rates, operations
and services of gas utilities; and
WHEREAS, this authority was granted by statute to locally elected governing
bodies to ensure the gas utility provides fair, just and reasonable rates and provides
adequate and efficient services to the local citizenry to whom the governing body is
responsible; and
WHEREAS, this system of review has successfully pro��ided for local citizen input,
oversight and scrutiny of the gas utility's rates, services and actions by requiring public
hearings before the governing body of a municipality; and
WHEREAS, this local process has allowed the direct participation of the customers
of the gas utility to voice their concerns to the governing body of the rates, services and
practices of the gas utility; and
WHEREAS, from the inception of the Gas Utility Regulatory Act, local
governments have performed a vital role in the regulatory process of reviewing and
regulating the rates, operations and services of gas utilities; and
WHEREAS, there has been legislation introduced in the 2007 Regular Session of
the 80th Legislature, House Bill 651, which would give the gas utility the option of opting
out of local regulatory oversight and scrutiny; and
WHEREAS, the City Council of the City of Lubbock finds that because this
legislation would eliminate local oversight and scrutiny of a gas utility's rates, operations
and services and is in contravention to the purpose and original intent of the Gas Utility
Regulatory Act; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT, the City of Lubbock hereby requests that the legislature of the State
of Texas vote against House Bill 651 because it eliminates local regulatory control,
scrutiny and oversight of the gas utilities by governing bodies of municipalities.
2. THAT, the City of Lubbock calls on its state representatives, the honorable
Carl Isett and the honorable Delwin Jones, and its senator, the honorable Robert Duncan,
to advocate against House Bi11651 and any companion or successive legislation that would
eliminate or weaken local regulatory control, scrutiny or oversight of the gas utilities by
governing bodies of municipalities.
3. THAT, the City of Lubbock calls on other municipalities in the State of
Texas to join the City of Lubbock in advocating against House Bill 651 and any
companion or successive legislation that would eliminate or weaken local control, scrutiny
or oversight of the gas utilities by governing bodies of municipalities and to contact their
local state representatives and senators to advocate for local control, oversight and scrutiny
of gas utilities.
138
u
Regular City Council Meeting
February 6, 2007
Passed by the City Council this 6�' day of February, 2007.
/sJ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Gary Boren
Gary Boren,
City Councilman
District 3
�
House Bi11651 filed with the 2007 Texas State would authorize a gas utility to
opt out of municipal jurisdiction over its rates, operations, and services by
electing to be subject to the primary jurisdiction of the Texas Railroad
Commission.
The resolution is being drafted and will be provided to City Council upon
completion.
FISCAL IMPACT
Unknown at this time.
Motion was made by Council Member Leonard, seconded by Mayor Pro Tem
Gilbreath to pass Resolution No. 2006-R0062 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
11:37 A.M. CITY COUNCIL RECESSED
11:47 A.M. CITY COUNCIL RECONVENED
7. WORK SESSION
7.1. Annual Progress Report - Civic Lubbock Inc.: Presentation of Civic
Lubbock Inc. Annual Progress Report. Dan Burns, President, Civic
Lubbock, Inc.
Dan Burns, President of Civic Lubbock, Inc., gave a presentation on Civic
Lubbock, Inc. Annual Progress Report. Areas he covered included the mission
statement, background of the corporation, where the primary funding comes
from, the local grant program, and Civic Lubbock's primary function. Burns
introduced Chevo Morales who is Executive Vice President, and then answered
questions from Council.
,�-. 7.2. Strategic Plan: Mayor and City Council will discuss the Mayor's Strategic
Plan.
Mayor Miller and City Council discussed the draft of the City of Lubbock's
Strategic Plan. Discussion was had on the Strategic Goals and Tasks. Council
Member DeLeon asked that Council be provided a checklist to monitor the
status of Strategic Goals and Tasks that have been accomplished. Miller
directed Jeff Yates, Chief Financial Officer, to provide a quarterly scoreboard
of where we are based measurable quantifiable results. Mayor Miller asked that
the proposed Strategic Plan be put on the February 22, 2007 agenda for
adoption.
139
Regular City Council Meeting
February 6, 2007
12:30 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
2:22 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
Read and approved this �
ATTEST:
Re cca Garza, City Secret
,
day of _�Y�.,�C�, , 200�.
I■�
u
�
140