HomeMy WebLinkAboutMinutes - City Council - Regular - 9/4/2003CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2003
1:00 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 4th
day of September, 2003, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 1:00 P. M.
1:05 P. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Gary O. Boren, Council Member Jim Gilbreath, Council
Member Tom Martin, Council Member Frank W. Morrison, Council
Member T.J. Patterson
Absent: No one.
CITIZEN COMMENTS
No one expressed comments to the Council.
( 1.) Steve Orsak and others were posted to discuss BID #067-03/RS for
Lou Stubbs Ball Field and Skate Park Lighting Materials.
No one was present.
EXECUTIVE SESSION
Mayor McDougal stated: "City Council will hold an Executive Session
today for the purpose of consulting with the City Staff with respect to
competitive matters of the public power utility, pending or contemplated
litigation, personnel, the purchase, exchange, lease, or value of real
property, and to review certified agenda from the prior executive session
as provided by Subchapter D of Chapter 551 of the Government Code, the
Open Meetings Law."
1:07 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding
operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans
and studies of Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West
Texas Municipal Power Agency.
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Atmos Energy Rate Increase Request; Information
Technology; Management Services; Water Utilities).
( 3A.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Secretary).
(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:
Regular City Council Meeting
September 4, 2003
Page 230
Keep Lubbock Beautiful Advisory Committee
Lubbock Water Advisory Commission
Youth Commission - Students
(5.) 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 Park Right -of -Way).
(6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.103, to review certified agenda from the prior
executive session (City Secretary).
2:42 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tern Victor Hernandez, Council
Member Jim Gilbreath, Council Member Tom Martin, Council
Member T. J. Patterson; Tommy Gonzales, Interim City Manager;
Anita Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: Council Members Boren and Morrison
Mayor McDougal called the meeting to order at 2:42 P. M.
(7.) Invocation by Council Member T. J. Patterson.
(8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
Council Member Morrison arrived at the dais.
CITIZENS APPEARANCES
(9.) Murray Hensley, President of Civic Lubbock, Inc., presented the
2003/2004 Civic Lubbock, Inc. budget for information.
The agreement between the City of Lubbock and Civic Lubbock, Inc.
provides that Civic Lubbock, Inc. prepare and present to the City Council
a budget for the upcoming year. This budget was not presented for City
Council approval, but rather for information and comment.
Per the written agreement, Civic Lubbock, Inc. pays a commission to the
City on their gross concession sales. In addition, Civic Lubbock, Inc.
reimburses the City for certain full-time salaries associated with the
concession and box office operations. On July 24, 2003, an amendment to
the agreement was approved by City Council, which reduced the
concessions commissions and salary reimbursements for the 2003/2004
fiscal year only. This allowed Civic Lubbock, Inc. to expand their
sponsorship programs and their ticketing operation for 2003/2004. Those
expense reductions are reflected in the Civic Lubbock, Inc. budget.
Net revenues from the concession and ticketing operation are estimated to
be $429,393. Net revenues will go toward their chartered purpose and
include funding for their local grant program and special events,
sponsorship of the Good Kids Program and Recreational Skating
programs, as well as hosting the Walk of Fame and Terrace Inductions.
With the increase in the sponsorship of the hockey programs, the amount
budgeted for all of these combined activities is estimated to be $328,315.
In addition, Select -a -Seat is expanding their ticketing operation to include
the addition of 19 local and regional ticket outlets and the selling of Texas
Tech individual athletic tickets. This required a major financial
commitment by Civic Lubbock, Inc. and profits will be used to offset the
payments on the promissory note on the project. The Donation to TTU
line item is part of the overall Select -a -Seat expansion and refers to the
equipment and software upgrade associated with Select -a -Seat and its
outlets selling Texas Tech athletic tickets.
The Civic Lubbock, Inc. Board is in the process of completing a Strategic
Plan for the organization. One of the goals that has been identified is the
development and funding of a project to add to the Centennial Celebration
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in 2009. Profits generated from their operation will be put aside for that
project, as well as future public art projects in the Community.
Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to
the community through the promotion or co -promotion of educational,
cultural and entertainment programs and activities in the Civic Center,
Auditorium, Coliseum, and Civic Center District. They have made
significant investments in public art and through a strategic planning
process are developing ideas for future projects.
The Civic Lubbock, Inc. 2003/2004 budget was provided in Council
backup for their information and comment.
Murray Hensley, President of Civic Lubbock, Inc. gave comments
concerning the budget.
Mayor McDougal recognized Gertie Jeter, a Civic Lubbock, Inc. board
member and Vicki Key, Civic Center Services Director, who were present.
CONSENT AGENDA (Items No. 11-26)
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to approve Items 10, 11, 13, 16-18, 19A-26 on consent
agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren was away from the dais.
(10.) Approval of Minutes: No Minutes for Approval
(11.) ORDINANCE #2003-00091--(6402 22nd Street): Request of Mike
Elliott for a zone change from C-4 to A-1 on the east 501 feet of Tract
A-6, Milwaukee Place Addition (second and final reading).
The next item considered was Item 13.
ORDINANCE NO. 2003-00091
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2406-D; A ZONING CHANGE FROM C-4 TO A-1
ZONING ON THE EAST 501 FEET OF TRACT A-6, MILWAUKEE PLACE
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
(12.) ORDINANCE #2003-00097--�4002 North I-27): Request of Shawn
Fuller for D & S Mobile Home Center, Inc. for a zoning change from
R-1 to IHC Specific Use and IHI Specific Use for manufactured home
sales, storage, and remanufacturing on Block 5, Edsall Acres Addition
(second and final reading).
This item was deleted.
(13.) ORDINANCE #2003-00092--(3107 Clovis Road): Request of Dulan
D. Elder for Lloyd and Cleo Hendrix for a zoning change from C-3 to
C-4 for a motel on Lot 25, Block 3, Riceland Addition (second and
final reading).
This item was considered following Item 11.
ORDINANCE NO. 2003-00092
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2965-A; A ZONING CHANGE FROM C-3 TO C-4
ZONING LIMITED TO A MOTEL AND ALL PERMITTED C-3 USES ON LOT 25,
BLOCK 3, RICELAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
The next item considered was Item 16.
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(14.) ORDINANCE #2003-0—{5133 80th Street): Request of Nextel
Partners for West Texas Lubes for a zoning change from C-3 to C-3
Specific Use for a 150-foot telecommunications tower on a 35-foot by
70-foot site on Lots F-4 through F6, Woodland Park Addition (second
and final reading).
This item was deleted.
(15.) ORDINANCE #2003-0—(3207 50th Street): Request of Nextel
Partners for Intercontinental Properties, Inc. for a zoning change
from C-3 to C-3 Specific Use for a 150-foot tall telecommunications
tower on a 40-foot by 60-foot site on Tract G, Monterey Center
Addition (second and final reading).
This item was deleted.
(16.) ORDINANCE #2003-00093--(6409 Indiana Avenue): Request of
Scott Stofel for Dot Com Coffee for a zoning change from C-2 to C-4
limited to a drive-in restaurant and all permitted C-2 Uses on a
portion of the southwest corner of Tract I, Live Oak Addition (second
and final reading).
This item was considered following Item 13.
ORDINANCE NO. 2003-00093
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1058-L; A ZONING CHANGE FROM C-2 TO C-4
ZONING LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-2
USES ON A PORTION OF THE SOUTHWEST CORNER OF TRACT 1, LIVE OAK
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PEANLTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
(17.) ORDINANCE #2003-00094—(north of North Loop 289, near Utica
Avenue): Request of Hugo Reed and Associates, Inc. for FF
Development, LP for a zoning change from R-1, R-2, and C-3 to A-2
for an apartment complex on an 18.61-acre tract of unplatted land out
of Section 22, Block A (second and final reading).
ORDINANCE NO. 2003-00094
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2573-D; A ZONING CHANGE FROM R-1, R-2 AND
C-3 TO A-2 ZONING ON AN 18.61-ACRE TRACT OF UNPLATTED LAND OUT OF
SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
(18.) ORDINANCE #2003-00095--(north of 24th Street and east of Iola
Avenue): Request of Hugo Reed and Associates, Inc. for Art Griffin
for a zoning change from R-1 to A-2 for apartments on a 4.91-acre
tract of unplatted land out of Section 44, Block AK (second and final
reading).
ORDINANCE NO. 2003-00095
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1970-C; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON A 4.91-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 44,
BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The next item considered was Item 19A.
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(19.) ORDINANCE #2003-0009"103 and 119 West Loop 289 and 220
Slide Road): Request of Paul Fields for a zoning change from C-2 and
C-4 Specific Use to C-3 on tracts M-2, M-3 and L-1-13 less the west 110
foot, Whisperwood Addition and C-4 Specific Use for mini -
warehouses on the west 110 foot of Tract L-1-13, Whisperwood
Addition (second and final reading).
This item was deleted.
(19A.) ORDINANCE #2003-00099--Amending Chapter 26 of the Code of
Ordinances, by adding Section 26-12, related to the granting of a
property tax exemption for organizations engaged primarily in
performing charitable functions as provided in Section 11.184 of the
Texas Tax Code (second and final reading).
ORDINANCE NO. 2003-00099
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTION 26-
12, PROVIDING FOR THE EXEMPTION FROM PROPERTY TAXATION
ORGANIZATIONS ENGAGED PRIMARILY IN PERFORMING CHARITABLE
FUNCTIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The next item considered was Item 18.
(20.) Resolution No. 2003-RO356 authorizing the Mayor to execute
Contract Change No. 03 to a contract with the Texas Department of
Health (TDH Document No. 7560005906 2004) for Bioterrorism
Preparedness, and any associated documents.
RESOLUTION NO. 2003-RO356
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract Change No. 03 to a Contract
-` with the Texas Department of Health (TDH Document No. 7560005906 2004) for Bio-
Terrorism Preparedness and any associated documents by and between the City of
Lubbock and the Texas Department of Health, a copy of which Contract Change No. 03
and associated documents are attached hereto and which shall be spread upon the minutes
of this Council and as spread upon the minutes of this Council shall constitute and be a
part hereof as if fully copied herein in detail.
Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract Change No. 03 is filed with Resolution No. 2003-R0356.
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This TDH contract is continuation funding to be used for staff, equipment,
supplies and training. It is designed to upgrade local public health
jurisdictions' preparedness for and response to bioterrorism, other
outbreaks of infectious disease, and other public health threats and
emergencies. The total amount of $397,290 covers salary and fringe
benefits ($273,697) for five existing full-time positions and one new
position, provides funds for training and travel ($12,200), computer
equipment and supplies ($49,317), contractual funding for a pharmacist
($2,400), and other funds ($59,676) to be used for developing enhanced
laboratory capacity. The term of the contract is September 1, 2003 through
August 31, 2004.
This program will assist Lubbock's efforts in developing a bioterrorism
preparedness plan that addresses selected focus areas and the required
critical capabilities. The focus areas include preparedness planning and
readiness assessment, surveillance and epidemiology capacity, laboratory
capacity (biologic agents), communication and information
technology/Health Alert Network, communicating health risks and health
information dissemination, and assessment of education and training needs
for the community.
This is the second funding cycle, which federal, state, and local
governments have come together on a unified plan to strengthen our
public health system and better prepare for a terrorist attack. These plans
will allow for improvement of our health system by providing greater
protection and care for our citizens. These plans being developed across
the country will also usher in a new era of cooperation between all levels
of government, when it comes to protecting the public's health.
FISCAL IMPACT:
Full salary and benefits are covered under this grant and there should be
no Contributions to Grants for this contract. Any other impact on the
general fund will be minimal.
This program fulfills the Core Mission of Public Health, as it relates to
essential public health services, targeting disease prevention and
surveillance. Without the funding from the Texas Department of Health
contract, local public health efforts will be greatly impaired and the risk of
illness in Lubbock citizens will increase.
Staff recommended approval of this resolution.
(21.) Resolution No. 2003-RO357 authorizing the Mayor to execute
Contract Change No. 02 to a contract with the Texas Department of
Health (TDH Document No. 7560005906 2004) for Family Health
Services, and any associated documents.
RESOLUTION NO.2003-RO357
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract Change No. 02 to a Contract
with the Texas Department of Health (TDH Document No. 7560005906 2004) for Family
Health Services and any associated documents by and between the City of Lubbock and
the Texas Department of Health, a copy of which Contract Change No. 02 and associated
documents are attached hereto and which shall be spread upon the minutes of this
Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
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Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tomy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract Change No. 02 is filed with Resolution No. 2003-R0357.
This attachment for $33,779 in financial assistance is part of the annual
contract with the Texas Department of Health and provides partial salary
and fringe benefits for a Health Educator and a part-time Data Entry
Assistant. The term of the contract is September 1, 2003 through August
31, 2004. The two employees are currently assigned to the Health
Education section. Significant funding reductions from the last two years
will continue to prevent activities planned and organized in the past, such
as antitobacco pep rallies, child safety seat checkpoints, child abuse
prevention workshops, health and safety fairs, and substance abuse
education.
For the past seven years, the City of Lubbock Health Department has been
a facilitator for the Texas Department of Health's Title V Program.
During this time, the grant money has built a strong maternal and child
health infrastructure within the Health Education Team (HET). The
activities planned for the 2003-2004 grant include Motherhood and
Prenatal Education in underserved neighborhoods, as well as facilitating
the prenatal parenting classes. Classes will focus on the development of
parenting skills and will target at -risk teen mothers, as well as the general
population. Another initiative will be a collaborative effort with the City
of Lubbock's Prevention section, the Fire Department, and HET, in which
immunizations and education are provided at no cost.
FISCAL IMPACT:
An amount of $14,180 is budgeted for in the Contributions to Grant
General Fund account for FY 03-04 to offset the increases in salary and
fringe benefits not covered by the State.
This program fulfills the Core Missions of Public Health —those of Health
Education, Surveillance, Prevention, and Laboratory support. Without the
funding from the Texas Department of Health contract, these quality
assurance measures would be greatly impaired and the risk of illness in
Lubbock citizens would be increased.
Staff recommended approval of this resolution.
(22.) Resolution No. 2003-RO358 authorizing the Mayor to execute a
contract with the Texas Department of Health (TDH Document No.
7560005906A 2004) for Milk and Dairy Products Services, and any
associated documents.
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RESOLUTION NO.2003-RO358
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract with the Texas Department
of Health (TDH Document No. 7560005906A 2004) for Milk and Dairy Products
Services and any associated documents by and between the City of Lubbock and the
Texas Department of Health, a copy of which Contract and associated documents are
attached hereto and which shall be spread upon the minutes of this Council and as spread
upon the minutes of this Council shall constitute and be a part hereof as if fully copied
herein in detail.
Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2003-R0358.
The Milk and Dairy Testing Attachment No. 01 to Document No.
7560005906A 2004 is part of the annual contract with the Texas
Department of Health. The term of the contract is September 1, 2003
through August 31, 2004. The Lubbock Health Department Regional
Laboratory is reimbursed for laboratory analysis of milk and dairy samples
at a specified rate, depending on what kind of analysis is performed. The
Lab performs over 3,000 tests on the more than 700 samples submitted
each year. These activities are directly related to protection of the public.
FISCAL IMPACT:
Since the Lab is reimbursed for the full cost of testing, no total dollar
amount is specified in the contract. The Lab is reimbursed approximately
$14,500 each year.
This program fulfills the Core Missions of Public Health —those of
Surveillance, Prevention, and Laboratory support. Without the funding
from the Texas Department of Health contract, these quality assurance
measures would be greatly impaired and the risk of illness in Lubbock
citizens would be increased.
Staff recommended approval of this resolution.
(23.) Resolution No. 2003-RO359 authorizing the City of Lubbock
Purchasing Manager to execute an interlocal cooperation agreement
with the Texas Department of Public Safety for the purchase of
certain forms, manuals, and supplies for use in the Breath Testing
Program and Laboratory Alcohol and Drug Testing Program.
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RESOLUTION NO. 2003-RO359
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Purchasing Manager 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
Cooperation Agreement with the Texas Department of Public Safety for the purchase of
certain forms, manuals, and supplies for use in the Breath Testing Program and
Laboratory Alcohol and Drug Testing Program, which Agreement is attached hereto and
incorporated herein as part of this Resolution.
Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2003-R0359.
_ For the last several years, the Department of Public Safety (DPS) has
required an interlocal agreement before agencies other than the DPS can
purchase supplies for Breath, Alcohol, and Drug Testing. The current
agreement expired August 31, 2003 and must be renewed before the
Police Department can purchase these supplies. The DPS has very strict
requirements for sample submission and will not accept samples submitted
in containers not purchased from them.
This agreement also includes certain DPS forms required for DWI
prosecution.
FISCAL IMPACT:
This is a recurring expense for minimally priced supplies making up a
very small percentage of overall supplies funded in account 5735.8163.
The Police Department must have this agreement to purchase supplies
required by the Department of Public Safety for DWI enforcement. The
cost is minimal and acceptable supplies are not available elsewhere.
Staff recommended approval of this resolution.
(24.) Resolution No. 2003-RO360 authorizing the Mayor to execute an
amendment to the lease agreement between the City of Lubbock and
Federal Express Corporation.
RESOLUTION NO.2003-RO360
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to the Lease
Agreement with Federal Express Corporation to include an additional 92,800 square feet
adjacent to the south edge of the leased ramp area at Lubbock International Airport. Said
Amendment is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
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Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
Interim Director of Aviation
... oI•hl_I�191WII[1] 119 LTA
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Amendment is filed with Resolution No. 2003-R0360.
Federal Express currently leases 158,400 square feet of the air cargo ramp
on the northwest side of the airport to park and service their aircraft. In
November 2002, Lubbock International Airport (LIA) completed a project
that extended the cargo ramp, 780 feet to the south. Federal Express is
requesting use of the new ramp area, which will add an additional 92,800
square feet to their ramp lease. The airport will receive an additional
$24,870.40 per year ($2,072.53 per month) from this amendment.
FISCAL IMPACT:
Increase annual revenues by $24,870.40.
The Airport Board and staff recommended approval of this resolution.
(25.) Resolution No. 2003-RO361 authorizing the Mayor to execute a loan
agreement and all related documents between the City of Lubbock
and Ms. Marilyn Allen (dba All God's Children Learning Center)
from the Economic Development Funds Program.
RESOLUTION NO.2003-RO361
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Loan Agreement, by and
between the City of Lubbock and Mrs. Marilyn Allen d.b.a. All God's Children Learning
Center from the Economic Development Funds Program and all related documents. Said
is Agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
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Passed by the City Council this 4th day of September, 2003.
/S/ WAARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Todd Steelman
Todd Steelman
Interim Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2003-R0361.
The Economic Development Subcommittee of the Community
Development Services Board (CDSB) met and approved a packet
submitted by Ms. Marilyn Allen. The Subcommittee approved a loan for
$50,000. The Learning Center is located at 420-B MLK Boulevard.
Funds will be used to hire additional staff to better serve the needs of the
children enrolled.
The Economic Development Funds Program was established during a
previous allocation of Community Development Block Grant (CDBG)
funds. The purpose of the program is to provide needed capital for area
businesses at a reduced interest rate. By agreeing to the terms of this loan,
the business owner accepts his/her responsibility of retaining or creating
one job for every $35,000 borrowed. This job must be made available to
persons of low -to -moderate income.
The promissory note was provided in Council backup.
Community Development recommended the approval of this resolution.
(26.) Resolution No. 2003-RO362 authorizing the Managing Director of Public
Works to execute and submit any and all applications related to water
and wastewater permitting activities.
RESOLUTION NO.2003-RO362
WHEREAS, the City of Lubbock is required to obtain certain permits from the
State of Texas regarding appropriative water rights and the discharge and disposal of
wastewater; and
WHEREAS, the City of Lubbock is required to execute applications for such
permits; and
WHEREAS, the City Council of the City of Lubbock desires to appoint the
Director of Public Works of the City of Lubbock, to act in the capacity set forth below,
regarding said permit applications.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK;
THAT the Director of Public Works, is hereby appointed by the City Council of
the City of Lubbock to execute and submit any and all applications for appropriative
water rights permits and/or applications to amend or renew same, and Texas Pollutant
Discharge Elimination System Permits, and/or applications to amend or renew same, and
any and all other related documents to be submitted to the Texas Commission on
Environmental Quality, related to or in connection with Chapter 11 of the Texas Water
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Code, Chapter 26 of the Texas Water Code, and/or other laws of the State of Texas
relating to the same or similar subject matter, as each of same may be amended from time
to time, and all rules and regulations promulgated pursuant to such laws.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT all actions of the Director of Water Utilities and the Director of Public
Works taken prior to the date of the adoption of this Resolution regarding the subject
matter hereof, are ratified in all respects and instances.
Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza., City Secretary
APPROVED AS TO CONTENT:
/s/ Dan Dennison
Dan Dennison
Environmental Compliance Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
The City of Lubbock is required to obtain certain permits from the State of
Texas regarding appropriative water rights and the discharge and disposal
of wastewater. The State requires that a ranking municipal official or his
designee sign each application submitted. If someone other than the
ranking elected official is authorized to sign on behalf of the applicant,
then proof of authorization must be included with the application. This
resolution will serve as said authorization.
Staff recommended approval of this resolution.
ADMINISTRATIVE SERVICES
Human Resources
(26A.) Resolution No. 2003-R0363/RFP #113-03/DC —for Liability Claims
Services — Annual Pricing (Human Resources).
RESOLUTION NO.2003-RO363
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a 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.
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Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Scott Snider
Scott Snider, Director of Human Resources
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2003-R0363.
This contract is for City of Lubbock Liability Claims Services for Auto,
General and Personal Injury Liability. The Evaluation Committee
included citizens and city staff, who reviewed the remaining seven
responses. Members of the Committee were Christine Newman of
Covenant Hospital, Douglas Sanford of Sanford Insurance Agency, and
Dale Stephens and Leisa Hutcheson for the City of Lubbock. The
following organizations submitted proposals:
■ Attenta of Dallas, TX - (No Lubbock Office)
■ Crawford & Co. of Atlanta, GA (Lubbock Office)
■ Hammerman & Gainer, Inc. of Irving, TX (Lubbock Office)
■ RSKCo of Downers Grove, IL (No Lubbock Office — Cunningham
Lindsey contract outside adjusters are in a Lubbock Office)
■ GAB Robins North America of Parsippany, NJ (Lubbock Office)
■ Harper — Kennedy & Associates of Lubbock, TX
■ The Littleton Group of Austin, TX (Lubbock Office)
The proposals were evaluated on Service (30%), Management Information
(30%), Financial Capacity (150/o), and Cost (25%).
The firms were ranked as follows:
Hammerman and Gainer Inc. 12.43
GAB Robins North America 10.40
Attenta 10.38
Crawford and Company 10.35
RSKCo 7.73
Harper — Kennedy & Associates 6.35
The Littleton Group 4.45
The selection of Hammerman and Gainer, Inc. as the liability claims
service company for Auto, General and Personal Injury Liability offers the
City a locally staffed office and an excellent claims information system,
which can integrate the City's historical data for better reporting to the
managers. In addition, the City's excess liability carrier reserves the right
to approve use of our liability claims service company, because of the risk
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of loss above the City's self -insured retention. Hammerman and Gainer,
Inc. is on the list of approved service companies.
Thirty-eight local firms were notified of this RFP.
FISCAL IMPACT:
The estimated cost for the 2003-2004 Fiscal Year is $193,353. The terms
are on a per claim basis for office adjusting and time and expense for
on -site adjusting services. Time and expense will be billed at an hourly
rate of $63/hour.
All charges for Liability Claims Services are paid from the Risk Fund.
Staff recommended contract award to Hammerman and Gainer, Inc. of
Irving, Texas, to provide Liability Claims Services for Auto, General and
Personal Injury Liability Self -Insurance from October 1, 2003 through
September 30, 2004, renewable annually for up to two additional one-year
terms.
Scott Snider, Director of Human Resources and Leisa Hutcheson, Risk
Management Coordinator gave staff comments.
Council Member Boren arrived at the dais.
Motion was made by Council Member Hernandez, seconded by Council
Member Gilbreath to pass Resolution No. 2003-RO363 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 26C.
Other
(26B.) Ordinance No. 2003-0 granting to NTS Communications, Inc.,
the right, privilege and franchise to operate within the boundaries of
the City of Lubbock, an Open Video System first reading).
This item was deleted.
ELECTRIC UTILITIES
Other
(26C.) Resolution No. 2003-RO364 authorizing the Mayor to execute a
sublicense agreement with Graco Real Estate Development, Inc., to
sublicense Lubbock Power & Light's suite at Texas Tech University's
United Spirit Arena.
This item was considered following Item 26A.
RESOLUTION NO. 2003-RO364
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 Sublicense Agreement
with Graco Real Estate Development, Inc., to sublicense the City's arena suite at the
United Spirit Arena to Graco Real Estate Development, Inc., such sublicense being
attached hereto, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
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Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald
Chief Executive Officer
Department of Electric Utilities
City of Lubbock
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade
Assistant City Attorney
A copy of the Sublicense Agreement is filed with Resolution No. 2003-R0364.
Lubbock Power & Light is currently leasing Texas Tech University's
United Spirit Arena Suite #101 for the payment of $25,000 per year. The
expiration of the lease is August 31, 2009. As part of a cost cutting
strategy, LP&L would like to sublease the suite to Graco Real Estate
Development, Inc. for the remainder of the lease.
FISCAL IMPACT:
Lubbock Power & Light will save $25,000 per year for the six remaining
years of the lease. LP&L will also save approximately $2,000 per year by
not furnishing snacks and refreshments to guests in the suite.
Staff recommended approval of this resolution.
Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to pass Resolution No. 2003-RO364 authorizing the
Mayor to execute a sublicense agreement with Graco Real Estate
Development, Inc., to sublicense Lubbock Power & Light's suite at Texas
Tech University's United Spirit Arena. Additionally, if Graco can have a
direct contract with Texas Tech, to go ahead and take LP&L out of it
completely. Motion carried: 7 Yeas, 0 Nays.
FINANCE
Budget and Research
(27.) ORDINANCE #2003-00098--Amending the FY 2002-03 Budget
(second and final reading).
ORDINANCE NO.2003-00098
AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE
CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass on second and final reading Ordinance No.
2003-00098 with the following revision: $100,000 moved from the
Sewer Operating Budget to a Sewer capital project for the installation of
wells on the Hancock Land Application Site. This will prevent funding
from falling to fund balance meaning at the end of year, since this project
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will span multiple fiscal years, it will by being in a capital project, will be
an ongoing project. The funding is to come from the Land Application
Site operating budget - $100,00 from the Equipment Maintenance
Production Wells account and be moved into the Hancock Land
Application Site Wells Project. Motion carried: 7 Yeas, 0 Nays.
MISCELLANEOUS
Other
(28.) Resolution No. 2003-RO365 whereby the Mayor and City Council, on
behalf of the City of Lubbock, resolve support for Proposition 13 on
the Constitutional Proposition Ballot to be considered by the voters of
the State of Texas on September 13, 2003.
RESOLUTION NO. 2003-RO365
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor and City Council of the City of Lubbock hereby resolve support
for and on behalf of the City of Lubbock, for Proposition 13 on the Constitutional
Proposition Ballot to be considered by the voters of the State of Texas on September 13,
2003. Provisions in Proposition 13 would authorize a city, a county, or a junior college
district to establish a property tax freeze on the resident homesteads of the disabled, the
elderly, and their spouses. If Proposition 13 passes by approval of the citizens of Texas,
then local taxing entities may grant the "freeze" after January 1, 2004. Said Proposition
is deemed to be in the best interest of the citizens of Lubbock, Texas.
Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Anita Burgess
Anita Burgess, City Attorney
Proposition 13 would authorize a city, a county, or a junior college district
to establish a property tax freeze on the resident homesteads of the
disabled, the elderly, and their spouses. If Proposition 13 passes by
approval of the citizens of Texas, then local taxing entities may grant the
"freeze" after January 1, 2004.
Councilman Gary Boren proposed that the City Council approve this
resolution to support Proposition 13 on the Constitutional Proposition
Ballot.
Motion was made by Council Member Boren, seconded by Council
Member Martin to pass Resolution No. 2003-RO365 for the citizens of
Lubbock and that we have support for Proposition 13 on the Constitutional
Proposition Ballot to be considered by the voters of the State of Texas and
the City of Lubbock on September 13, 2003. Motion carried: 7 Yeas, 0
Nays.
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(29.) Resolution No. 2003-RO366 authorizing the Mayor to execute a letter
to the Lubbock Housing Authority evidencing the intent of the City to
convey one of the tracts of City owned real property to the Authority
in the event the Authority is awarded the grant from the Texas
Department of Housing and Community Affairs, to construct two
hundred fifty multifamily affordable units at East 191h and Aspen
Avenue.
RESOLUTION NO.2003-RO366
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 Letter to the Lubbock
Housing Authority (the "Authority"), and any other related documents. Said Letter
commits the City to convey one (1) tract of land to the Authority in the event the
Authority is awarded the Texas Department of Housing and Community Affairs Grant for
construction of multi -family affordable housing units. Said Letter 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 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Letter is filed with Resolution No. 2003-R0366.
The Lubbock Housing Authority (LHA) has asked to purchase a twenty-
five acre tract of land located at East 19`h Street and Aspen Avenue in
order to build 250 multifamily affordable housing units.
LHA has partnered with Landmark Development in Austin, Texas, to
apply for funds from the Texas Department of Housing and Community
Affairs through a lottery process to finance the gated community in East
Lubbock.
LHA is submitting two applications in hopes that one application will be
selected from the lottery and receive a higher number than competing
applications from smaller communities. LHA has requested the City
reserve two twenty-five acres tracts of land for the application process,
with the understanding that only one will be purchased.
The intent is for the City to sell the land to LHA for $1,750 per acre in the
event that LHA is awarded the grant.
FISCAL IMPACT:
$43,750 profit to the City of Lubbock - (25 acres times $1,750 per acre).
Approval of a resolution authorizing the Mayor to send a letter to the
Lubbock Housing Authority committing the City to sell the LHA a
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twenty-five acres tract of land for development of affordable multifamily
housing units.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass Resolution No. 2003-RO366 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
PLANNING AND TRANSPORTATION
(30.) Resolution No. 2003-RO367 authorizing the Mayor to execute a
contract with McDonald Transit Associates, Inc. for the purpose of
providing management and advisory services for public
transportation.
RESOLUTION NO.2003-RO367
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for transportation
management services, by and between the City of Lubbock and McDonald Transit
Associates, Inc., and related documents. Said Contract is attached hereto, and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer
Managing Director of Planning and Transportation
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2003-R0367.
Two bus transportation management firms submitted proposals to the City
of Lubbock for bus transportation management services to manage and
operate Citibus. These firms are: First Transit, Inc. - Cincinnati, Ohio;
with 49 customer systems throughout the United States, including six in
Texas; and McDonald Transit Associates, Inc. - Fort Worth, Texas; with
27 customer systems in 14 states, including nine in Texas and the current
manager of Citibus.
A Selection Committee was appointed by the Managing Director of
Planning and Transportation to review and rate the proposals submitted by
the firms listed above. The Committee used the evaluation methods in the
Evaluation Procedures for Competitive Negotiation for Professional and
Nonprofessional Services of the City Purchasing Department. Committee
members included: Jere Hart, City Traffic Engineer (Chairman), Arden
Hawkins, Chairman Lubbock Public Transit Advisory Board, Jay Jacobus,
Vice-chairman Lubbock Public Transit Advisory Board, and Victor
Kilman, Purchasing Manager (ex-officio member).
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The evaluation criteria in the RFP included: 1) Firm Qualifications and
Experience (25%), 2) Qualifications and Experience of the General
Manager (25%), 3) Availability and Qualifications of the support staff
(20%), 4) Price Proposal (20%), and 5) Record of performance based on
previous work with the City and/or other client references. Each
Committee member reviewed and rated each proposal. Each member
submitted rating outlines after studying each report. The Committee met
on July 21, 2003 to discuss their ratings and after discussion, McDonald
received the highest rating. Based on these results, the Committee agreed
that no further reference checks were necessary due to their extensive
knowledge of McDonald Transit and John Wilson, its Senior
Vice -President and local General manager.
The Selection Committee recommended that McDonald Transit
Associates, Inc. be engaged to perform the bus transportation management
services required by the City of Lubbock. While both proposals were of
excellent quality and First Transit's quoted price was 18% less than
McDonald's, the Committee believed McDonald has been and will
continue to do an outstanding job, and in this uncertain time of transit
funding, the City should stay with McDonald and John Wilson's effective
leadership. The Committee also believed that continuing with John Wilson
and his contacts in Washington and Austin are extremely important at this
time. The Committee believes that McDonald's management of Citibus
for the past 15 years has been excellent, and the staffs response to the
Lubbock Public Transit Advisory Board has been outstanding.
The contract term will be for five years from October 1, 2003, through
September 30, 2008. Total base compensation is $834,000.
FISCAL IMPACT:
Adequate funding for the first year of this contract is included in the
Citibus proposed FY 2003-04 budget, including additional funding
authorized by the Texas Department of Transportation for FY 2003-04.
The Selection Committee, Director of Planning and Transportation, Risk
Management, and the Legal Department recommended approval of this
resolution.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass Resolution No. 2003-RO367 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
Right -of -Way
(31.) Resolution No. 2003-RO368 authorizing the Mayor to execute an
amendment to an agreement with The Burlington Northern and Santa
Fe Railway Company abandoning an easement for pipeline and fiber
optic communication lines in the section of former railroad right-of-
way required for the Marsha Sharp Freeway (University Avenue and
the Brownfield Highway to Milwaukee Avenue and the Brownfield
Highway -US 62/82).
RESOLUTION NO.2003-RO368
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to the
Agreement with the Burlington Northern and Santa Fe Railway Company abandoning an
easement for pipeline and fiber optic communication lines in that section of former
railroad right-of-way required for the Marsha Sharp Freeway 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 Council.
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Passed by the City Council this 4th day of September, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ John Knight
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Contract is filed with Resolution No. 2003-R0368.
At the February 13, 2003 City Council meeting, an agreement was
approved by the City Council with The Burlington Northern and Santa Fe
Railway Company (BNSF) for them to abandon a mineral reservation and
access reservation for mineral exploration and an easement for pipeline
and fiber optic communication lines in the portion of the former BNSF
track right-of-way from University Avenue westward to approximately
Milwaukee Avenue. This was reserved by BNSF, when they sold this
section of railroad right-of-way to the American Railway Corporation of
Texas (now the West Texas and Lubbock Railroad Co.) in 1990. When
this track right-of-way was later acquired by the Texas Department of
Transportation (TxDOT) in June 2000, for use as part of the Marsha Sharp
Freeway right-of-way, an escrow was set up giving the City the
responsibility of negotiating an agreement with BNSF, which would result
in the State's ability to construct a highway on the property.
The agreement was sent to BNSF and they discovered that they had
previously executed a lease option contract with Santa Fe Energy
Company for the mineral rights and could not convey them to TxDOT, but
will abandon the pipeline and fiber optic communication line easements.
This new amendment allows BNSF to reserve all of the minerals below a
depth of twenty-five feet under this TxDOT property and in return, BNSF
will waive any and all rights of ingress and egress to the surface of this
property for the purpose of mineral exploration and drilling. This is
satisfactory with TxDOT and with BNSF.
FISCAL IMPACT:
None to the current budget. The money for this settlement agreement was
put in escrow with Lubbock Abstract and Title Company in June of 2000.
The Right -of -Way Department recommended approval of this resolution.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass Resolution No. 2003-R0368 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
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PUBLIC WORKS
Engineering
(31A.) Ordinance No. 2003-0 amending the Pro Rata Ordinance
allowing governmental entities to finance water and sanitary sewer
improvements, or alternate means of funding the extension of utilities,
as determined by Council action (first reading).
This item failed.
This is the first reading of an addition to the City of Lubbock Code of
_ Ordinances, Section 28-164, regarding deferred payments of the cost for
water and sanitary sewer improvements.
Currently, the pro rata ordinance allows owners of single family,
owner -occupied residences to finance the cost of water and sanitary sewer
improvements. The terms are set at six percent interest over a period of up
to 36 months, with a minimum monthly payment of $10 and down
payment of 15 percent.
This revision of the pro rata ordinance allows these same terms to be made
available for governmental entities. Any federal, state or local government
agency would be eligible for this financing method. Alternately, this
revision allows the City Council to set terms for water and sanitary sewer
extension.
This revision of the pro rata ordinance is in response to the Lubbock
Housing Authority's (LHA) request for sanitary sewer service for a
184-unit apartment complex. The proposed location is a 10.5-acre tract at
the southeast corner of 82°d Street and Avenue U. It is part of a planned
development by the LHA of approximately 66 acres south of 82°d Street
between Avenues P and U.
Although sanitary sewer lines are available in Avenue U, they are
insufficient to provide service to the proposed complex and future
development west of Avenue U. Two options are available to provide
sanitary sewer service; one is a lift station at the site, and another is
extension of a deep line from 98`h Street. The estimated cost for an onsite
lift station is $45,000. The deep sewer main from 98`h Street is estimated
to cost $281,300.
FISCAL IMPACT:
Funding for this project is proposed to be from Major Sewer Line
replacement (account 90281), which has a balance of $675,220 as of July
30, 2003, or the Sewer Pro Rata Fund. Materials are estimated to cost
$100,000. City of Lubbock force account labor would be used to install
the sewer line.
Staff recommended approval of this ordinance.
Motion was made by Council Member Patterson, seconded by Council
Member Martin to pass on first reading Item 31 as recommended by staff.
Motion failed: 3 Yeas, 4 Nays. Mayor McDougal and Council Members
Boren, Gilbreath and Hernandez voted Nay.
The next item considered was Item 33.
BOARD APPOINTMENTS
(32.) Consider one appointment to the Keep Lubbock Beautiful Advisory
Committee.
This item was deleted.
(33.) Consider six appointments to the Youth Commission - Students
This item was considered following Item 31A.
Motion was made by Council Member Patterson, seconded by Council
Member Gilbreath to appoint Bailey Brown, Kathleen Butler, Lindsey
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Duncan, Jennifer Holland, Kemberly McDaniel and Nikil Viswanatha to
the Youth Commission - Students. Motion carried: 7 Yeas, 0 Nays.
3:11 P.M. CITY COUNCIL RECESSED
3:20 P. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All council members were present except Council Member
Hernandez.
Mayor McDougal called the meeting to order at 3:20 P. M.
(34.) Presentation by Claude Dollins on The Ethical Leadership
Conference being held in Lubbock on October 21, 2003.
Councilman T. J. Patterson requested that this item be on Work Session.
Business leaders in Lubbock believe good ethics is good business. Market
Lubbock, Inc., UMC Health System, and Cox Communications will host
The Ethical Leadership Conference on October 21, 2003. The purpose of
this one -day conference is two -fold; first, to provide a forum that
advocates ethical and profitable business practices and second, to expose
CEOs and business owners from throughout the United States to the
positive economic climate and business opportunities of Lubbock and
West Texas. Featured speakers are President George H. W. Bush and Dr.
Stephen R. Covey.
Claude Dollins with the Dollins Group made this presentation to the City
Council.
The next item considered was Item 37.
(35.) Presentation regarding the Lubbock Independent School District
program, Communities In Schools, by Elizabeth Garza, Director.
This item was considered following Item 37.
Councilman T. J. Patterson requested that Ms. Garza make a brief
presentation to the City Council during Work Session regarding
Communities in Schools (CIS). Communities In Schools was established
in Lubbock in September 1999. It is a well -organized extension of the
national CIS model, which has been in operation since 1977. Communities
In Schools coordinates and provides year-round services to youth in at -risk
situations by providing full-time staff at the Estacado, Alderson, Cavazos,
and Dunbar campuses. By bringing resources into the schools, CIS makes
assistance easily accessible to youth and families so that students can
focus on their education, stay in school, and prepare for life.
Elizabeth Garza, Director of LISD Communities in Schools, gave a
presentation. Shannon Magri, Youth Coordinator, at Estacado also spoke
and introduced Gustavo, a student presently involved in the program.
The next item considered was Item 36.
(36.) Presentation and discussion on currently adopted user fees with
respect to the Fire Department by Steve Hailey, Fire Chief and Mike
Kemp, Fire Marshall.
This item was considered following Item 35.
Since the adoption of the user fees last year in the budget process, there
have been several issues with some of these fees, respective to the Fire
Department. Staff would like to present these issues to Council and
propose some minor changes.
FISCAL IMPACT:
Dependent on Council direction, revenue from Fire Department user fees
could increase or decrease.
Steve Hailey, Fire Chief gave the presentation. Re -inspection fees and
tent inspection fees were the two items he discussed.
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Mike Kemp, Fire Marshall also answered questions.
Council Member Martin suggested that this be put on the agenda for the
first meeting in October of 2003 to repeal these fees and administratively
make the decision not to collect them between now and then.
Interim City Manager Tommy Gonzalez stated plans were to put this on
the second reading of the budget, which would be September 18, 2003.
The next item considered was Item 38.
(37.) Presentation from the Frenship Independent School District (FISD)
regarding the Frenship Bond Program 2003 that will be taken to
voters on September 27, 2003.
This item was considered following Item 34.
FISD is proposing a $46,820,000 bond package that is being taken to the
voters on September 27, 2003. This package includes $25,717,388 for two
new schools, $10,269,635 to increase capacity and accommodate
instructional program requirements, and $10,829,909 to maintain existing
buildings and systems.
To fund this bond package, taxes will increase approximately 4 to 5 cents
per $100 valuation. The State has been providing additional financial
assistance to build and upgrade facilities. If the State continues facilities
funding and taxable values continue to increase, the tax rate would
increase 4 cents. If the State discontinues facilities funding, taxes may
increase no more than 8 cents.
This item was at the request of Mayor McDougal and John Thomas, FISD
Superintendent.
Frenship Independent School District presented the Frenship Bond
Program 2003 to the City Council.
FISD Superintendent John Thomas gave a Power Point presentation.
The next item considered was Item 35.
(38.) Presentation of the Monthly Financial Report for the month ending
July 2003 by Jeff Snyder, Chief Accountant.
This item was considered following Item 36.
Per City Council request, the Financial Report for the month ending July
2003 was presented. The information was provided in Council backup.
This information includes:
1. Financial Analysis — Analysis provided in narrative form by Fund.
2. Financial Summary —
a. Balance Sheet; Statement of Revenue, Expenditures and Changes
in Fund Balance; Summary of Cash Balances; and Monthly
Financial Summary Reports for Airport Fund, General Fund,
Sewer Fund, Solid Waste Fund, Storm Drainage Fund and Water
Fund.
b. Capital Projects Summary by Fund (all funds).
3. Economic Analysis — Includes Lubbock International Airport
Enplanements Summary and Building Inspection Statistical Report.
4. Investment Report — Investment Summary for the month.
Staff was prepared to address any questions.
Jeff Snyder, Chief Accountant, made the presentation.
Council Member Gilbreath asked questions referencing variances and
requested that this be made more explicit.
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Council Member Martin asked about the parking revenue at the Airport.
He specifically asked if enplanements have increased, why has parking
revenue decreased?
Interim City Manager Tommy Gonzales stated they were keeping a close
eye on this area and would bring a full report back to Council.
Craig Farmer, Managing Director of Planning & Transportation, stated
that in the old contract, there was a minimum payment that ALCOA had to
pay us. Now, they are managing the parking lot and we do not get paid
that payment. As part of the new agreement, they have installed a system
at considerable expense, which counts cars automatically.
4:40 P. M. CITY COUNCIL RECESSED
5:00 P. M. REGULAR CITY COUNCIL RECONVENED
All council members were present except Council Member Patterson.
5:01 P. M. PUBLIC HEARING
Budget and Research
(39.) Hold a public hearing on the proposed budget for Fiscal Year 2003-04
for the City of Lubbock.
Mayor McDougal opened the public hearing at 5:01 p. in. Those
appearing were: Duane Christian and Virginia Alamanza, West Texas
Organizing Strategy; Rod Mueller and Bruce Cammack, Friends of the
Library; Matt McGinnis, Professional Fire Fighters Association; Mikel
Ward, SPARTAN; Karen Slay, Injury Prevention Coalition; Ester Sepeda,
Lubbock Hispanic Chamber of Commerce; and Kevin McMahon,
Lubbock Chamber of Commerce. Mayor McDougal closed the hearing at
5:34 p. m.
(40.) Ordinance No. 2003-00100 approving and adopting a budget for
Fiscal Year 2003-04 for the City of Lubbock (first reading).
The City of Lubbock Charter requires two reading of ordinances. This is
the first reading of the ordinance adopting the budget for the City of
Lubbock for Fiscal Year 2003-04. The budget ordinance must be
considered first, followed by the ordinance on the tax rate. The ordinance
will be placed on the Thursday, September 18, Council agenda for the
second reading and adoption of the budget.
Staff recommended approval of this ordinance.
Motion was made by Council Member Boren, seconded by Council
Member Martin "to adopt the ordinance approving and adopting a budget
for Fiscal Year 2003-04 with the following revision: Revenue, penalty and
interest on delinquent taxes $26,681 and a revised projection with change
to tax distribution schedule" and pass on first reading Ordinance No.
2003-00100 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Patterson was away from the dais.
(41.) Ordinance No. 2003-00101 setting the tax rate and levying a tax upon
all property subject to taxation within the City of Lubbock, Texas, for
the year 2003 (first reading).
The City of Lubbock Charter requires two reading of ordinances. This is
the first reading of the ordinance adopting and levying tax rate for the City
of Lubbock for Fiscal Year 2003-04. The budget ordinance must be
considered first, followed by the ordinance adopting the levying a tax rate.
The ordinance will be placed on the Thursday, September 18, Council
agenda for the second reading and adoption of the budget.
No property tax rate increase is proposed. A decrease of .0243 is proposed
decreasing the property tax from 57 cents to .5457 cents per $100
valuation. The proposed rate of .5457 cents per $100 valuation is based on
a certified net taxable value of $7,921,590,380, as submitted by the Chief
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Regular City Council Meeting
September 4, 2003
Page 253
Appraiser of the Lubbock Central Appraisal District. The tax rate is
distributed as follows:
Debt Service $0.10066
General Fund M&O $0.41504
Economic Development $0.03000
Staff recommended approval of this ordinance..
Motion was made by Council Member Boren, seconded by Council
Member Gilbreath "to adopt the ordinance lowering and reducing the
current tax rate and setting a tax rate and levying a tax rate upon all
property subject to taxation within the City of Lubbock, Texas, for the
year 2003-2004 with the following revisions: No. 1, tax rate per $100
valuation was originally proposed at .5566; No. 2, because of higher
reevaluations than originally reported by the Lubbock Central Appraisal
District, the tax rate is now being lowered proposed at .5457 per $100
evaluation; No. 3, this is a decrease of .0243 over the current year rate;
No. 4, general fund portion will be set at .41504; No. 5, interest and
sinking fund portion will be set at .10066; No. 6, economic development
fund remains at .03. However, because evaluation is greater than the
amount projected to be received, it is greater by $35,507" and pass on first
reading Ordinance No. 2003-00101. Motion carried: 6 Yeas, 0 Nays.
Council Member Patterson was away from the dais.
5:45 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Hernandez made a motion to adjourn; Council Member Gilbreath
seconded the motion. Motion carried: 6 Yeas, 0 Nays.
Read and approved this 2`1 day of ' fZi , 2005.
MARC MCDOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
253