HomeMy WebLinkAboutMinutes - City Council - Regular - 10/23/2003REGULAR CITY COUNCIL MEETING
OCTOBER 23, 2003
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 23rd
day of October, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:33 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Jim Gilbreath, Council Member Frank W. Morrison,
Absent: Council Members Gary O. Boren, Tom Martin and T. J. Patterson
CITIZEN COMMENTS
Two citizens expressed comments to the Council. They were:
(1.) Heather Killough-Walden presented issues related to funding of
Animal Services.
Ms. Killough-Walden contacted the Council with questions regarding the
condition of the Animal Shelter and the treatment of animals housed at the
shelter. She received the following information from Jamey Cantrell,
Manager of Animal Services:
4111. Healthy animals should not be in close proximity to unhealthy
animals, nor should they eat or drink from the same bowls. This
was the case before I took over. Since then, staff has created a
rehabilitation area for sick animals that staff wants to place for
adoption. Stray animals that are sick or injured that are not
identified by a tag are euthanized as per City ordinance because
staff do not have an isolation holding area for them at this time.
Realistically, it does not matter how many doors staff place
between the sick and healthy animals, because of the antiquated
design and lack of proper ventilation systems, every animal in the
shelter is exposed to illness on a daily basis. The only remedy to
this would be a better -designed shelter with multiple, separate
ventilation systems.
2. Sick animals should be medically treated by a certified
veterinarian. Staff contracts with Dr. Sonja Lee to come through
the shelter five days a week. She examines any sick or injured
animal and prescribes appropriate treatment.
3. The cages should be large enough for the animal to move about
comfortably. All of the cages in our shelter are large enough to
permit this for the animals, which staff places in them. The cat
cages in our lost and found cat area are the only ones that are in
need of replacing. This is not because they are too small for the
cats; it is instead for staff safety. Feral cats or scared house cats
need to have a pet carrier in the cage with them so that they have a
place to hide. When they are in a cage without one, they feel
extremely threatened when the staff comes to clean their litter
boxes and give them fresh food.
They tend to lash out as staff tries to clean and the majority of
bites/scratches, which staff endures is due to this reason. Larger
cages would help us cut down a great deal on staff injuries.
Regular City Council Minutes
October 23, 2003
Page 416
4. They should be cleaned (regularly, with bleach). My staff cleans
every day, seven days a week, to ensure that each animal has a
clean cage to stay in while they are here. Staff cleans with a
Chlorman, which is a specialized system that distributes sodium
hypochlorite in a much more efficient manner than a traditional
mixture of bleach and water. Also, staff cleans with other
quaternary chemicals to prevent the development of any resistant
bacteria or virus. Before I took over there were many areas of
cleaning that needed improvement. Staff has addressed those and
staff is working to rectify the problems. But you have to remember
that a 35-40 year old animal shelter is going to have problems with
smells due to the fact that the concrete absorbs urine and fecal
wastes over the years and then it is impossible to get it out.
5. And there should be soft padding for the animals to sleep on.
Puppies, kittens, and geriatric animals are provided for in this
manner; however, staff does not have the staff, or the washing
capacity, to ensure that every animal staff cares for has this luxury.
In order to do this, staff would need at least three washers and
dryers and a person whose sole job was laundry; staff currently
have one washer and dryer.
6. For any animal that is not currently being treated for an illness or
nursed due to extreme youth, the ARK's number one priority should
be the adoption of the animal to a loving family. Every animal that
is brought to our shelter is evaluated for adoption, but only a select
few are able to make it into our program. Unfortunately, staff is
limited by the number of cages and pens staff have available for
our adoption program. Ideally, a shelter that handles the number of
animals staff do would have at least twice the number of
cages/runs that staff currently have for adoption. At my previous
shelter, staff had 51 large dog runs, 59 small dog cages, and 42 cat
cages in our adoption center. Staff does not have a total of 50 here.
This goes back to our shelter being designed so many years ago
when the function of animal control was "round 'em up and kill
'em." They didn't plan for people wanting to adopt these pets, and
staff is forced to live with this design flaw on a daily basis.
7. And, most of all - no animal should be put to sleep unless it is
incurably ill and in vast amounts of pain. All other animals stand a
chance of being adopted, especially when the Lubbock Pet Project
is so willing to take the animals off of the ARK's hands. I
wholeheartedly disagree with this.
A large number of the animals staff deals with are physically
healthy, but do not make good candidates for adoption because of
poor temperaments. Our first priority is to protect the citizens of
this city - if staff place animals that staff know could be potentially
dangerous because of their personalities, staff have failed to do our
job properly. Staff cannot become an "animal warehouse" where
they are caged for months or even years until they either die or
finally do find someone willing to take them home. It is not the
kindest thing for the animals involved, nor is it our purpose. The
Lubbock Pet Project (LPP) is not willing to take every physically
healthy animal that staff cannot find a home for. They would be
overrun with animals within a week. LPP claims to have found
homes for about 1,100 animals since 1997 or roughly 200 animals
a year. In FY 2002-2003, staff handled over 26,000 animals, more
than the City of Ft. Worth. It is obvious that there is no way they
could handle the volume of animals staff deal with. Until staff can
change people's attitudes regarding spaying and neutering, offer
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October 23, 2003
Page 417
programs to help low-income residents and senior citizens, and
force irresponsible pet owners to have their pets sterilized, the sad
fact is that staff will continue to have to euthanize healthy pets
because staff does not have room to save them all. This bothers no
one more than it does my staff or me. After all, staff is the ones
who have to handle this extremely difficult task."
After receipt of this information, Ms. Killough-Walden requested to come
before the City Council to discuss her funding concerns with regard to the
shelter.
(1A.) Robert Taylor appeared to address the proposal of honoring the late
Governor Preston Smith by changing the name of Lubbock International
Airport to Preston Smith International Airport — Lubbock.
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 the
purchase, exchange, lease or value of real property, personnel, pending or
contemplated litigation, competitive matters of the public power utility,
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."
7:46 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except Council Member Patterson.
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Business and Neighborhood Development).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Manager; City Secretary) and take appropriate action.
( 4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Street Drainage; Water Utilities).
(5.) 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:
Appointments Advisory Board
Board of Electrical Examiners
Central Business District TIF
Lubbock Emergency Communications District
Board of Managers
Planning and Zoning Commission
( 6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on a competitive matter
regarding natural gas supply, service and transportation
contracts by the City of Lubbock;
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Page 418
to deliberate, vote and take final action on a competitive matter
regarding the operational contracts, strategies, goals, funding
and the strategic purpose related to the City of Lubbock's
relationship with and membership in the West Texas
Municipal Power Agency;
to deliberate, vote and take final action on a competitive matter
regarding executive service agreements and amendments
thereto, for contract services provided to Lubbock Power &
Light and the City of Lubbock;
To deliberate, vote and take final action on a competitive
matter regarding marketing and advertising agreements
related to retail energy sales by the City of Lubbock's electric
utility, Lubbock Power & Light.
( 7.) 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).
9:47 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Gary O. Boren, Council Member Jim Gilbreath, Council
Member Frank W. Morrison, Council Member T. J. Patterson;
Tommy Gonzalez, Interim City Manager; Anita Burgess, City
Attorney; and Rebecca Garza, City Secretary
Absent: Council Member Martin
Mayor McDougal called the meeting to order at 9: 47 A. M.
(8.) Invocation by Dr. Bob Parker, Senior Minister, Faith Baptist Church.
9:53 A. M. Council Member Martin arrived.
(9.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
BOARD APPOINTMENTS RECOGNITION
Appointments Advisory Board
Receiving: Steve Alexander
Jeffery Lowry (unable to attend)
Board of Electrical Examiners
Receiving: Mike Bunyard
Neighborhood Redevelopment Commission
Receiving: Velma Medina
Planning and Zoning Commission
Receiving: Marc Chapman
Public Transit Advisory Board
Receiving: Earnest Peeples (unable to attend)
Structural Standards Commission
Receiving: Bill Cantrell (unable to attend)
Vernon Linton (unable to attend)
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CITIZENS APPEARANCES
(10.) Presentation of a Special Recognition to Dan Dennison for receiving
the National Certificate of Merit at the 2003 National Environmental
Health Association's Annual Education Conference.
The Texas Environmental Health Association (TEHA) nominated Dan
Dennison for the National Certificate of Merit award. Previously, Mr.
Dennison won the state level I.E. Scott award in 2000. These awards are
presented each year to the top environmental health professional and both
have similar rigorous criteria for qualification. The criteria for the award
is as follows: having extensive education and work experience in
environmental health, having frequent activity and contribution to
professional environmental association and community groups, having
performed professional duties in the field of environmental health above
and beyond the usual employment requirements so as to elevate the
professional status of the environmental health professional, and having
made significant contributions to the betterment of the environmental
health profession.
Mr. Dennison was present to accept this national award, which is one of
only fifteen in the country honoring exemplary contribution in the
profession of environmental health.
(11.) Presentation of a Special Recognition to the City of Lubbock
Municipal Court commemorating November 3-7, 2003, as Municipal
Courts' Week.
The Texas House of Representatives, during the 78t' Legislative Session,
passed a resolution declaring the week of November 3-7, 2003, as
Municipal Courts' Week. This effort was undertaken to recognize the
5,000 municipal court judges and court support personnel who work
diligently to ensure the fair administration of justice while upholding a
high level of professionalism. There are 870 Municipal Courts in Texas,
and this special recognition salutes their critical role in preserving public
safety, protecting the quality of life in Texas communities, and deterring
future criminal behavior.
Lubbock's Municipal Court does outstanding work on behalf of the
citizens of Lubbock. Judge Robert Doty and his staff were present to
accept this special recognition.
(12.) Presentation of a Special Recognition to Belinda Escobedo, City of
Lubbock Police Dispatcher, for being nationally recognized as one of
10 National Telecommunicators of the Year, by the Commission on
State Emergency Communications.
Belinda Escobedo, a Police Department Dispatcher, was recently
recognized nationally for providing exemplary service in helping a 9-1-1
caller last year. Belinda was selected as one of 10 National
Telecommunicators of the Year by the Commission on State Emergency
Communications. Five LPD dispatchers were nominated for the award
including Carly Rudd, Kanna Jones, Belinda Escobedo, Mary Arnold, and
Patty Thompson, mostly nominated by their peers. Belinda was nominated
for her role in helping a frantic woman after she had been raped and was
trying to get away to safety from several men. At the time of her call, she
did not know where she was. Belinda was able to help the woman by
talking with her until she could establish her location and send a police
unit to help her.
Ms. Escobedo was present to accept this award.
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(13.) Recognition of Carly Rudd, Police Department; Kanna Jones, Police
Department; Mary Arnold, Police Department; Patty Thompson,
Police Department; Amy Lewis, Police Department; Corporal Mark
Long, Police Department; Water Utilities Crew; Rob Weiner, Mahon
Library; Celia Webb, City Council; Lois Benedict, City Council;
Laboratory Staff, City Health Department; Jane Stuart, Mahon
Library; Kathy Bruns, City Manager's Office; Steve Lindell, Mahon
Library; and Streets Department Employees for providing
outstanding service to the citizens of Lubbock.
The following individuals are to be commended for providing outstanding
service to the citizens of Lubbock:
• Carly Rudd, Kanna Jones, Mary Arnold, and Patty Thompson are
dispatchers in the Lubbock Police Department. They were
nominated for the National Telecommunicators of the Year award
given by the Commission on State Emergency Communication.
• Amy Lewis and Corporal Mark Long, with the Neighborhood
Services Unit of the Lubbock Police Department, were
commended by Sandy Glass and Lt. Chris Powe for their work in
putting together the information for the broadcast of Lubbock sex
offenders.
• Water Utilities Crew were praised in a letter to the editor in the
June 30 issue of the Lubbock Avalanche -Journal for their prompt
response to a sewer main problem in the alley of Don MacNair.
• Rob Weiner with the Mahon Library was praised in a letter to the
editor in the September issue of the Lubbock Avalanche -Journal
regarding the film series he organized at Mahon Library.
• Celia Webb and Lois Benedict with the City Council Office were
praised by Council Member Gary Boren for making last minute
travel plans to Austin.
+ The Laboratory Staff from the City Health Department were
praised in a letter from Thomas G. Betz, MD, MPH, with the
Texas Department of Health for their handling of the
toxicologic/biologic evaluation of a suspicious letter received by
the Crosbyton Chamber of Commerce.
• Jane Stuart with the Mahon Library is to be commended for her
selection to represent West Texas on the Texas Bluebonnet Award
Committee for children's books.
+ Kathy Bruns, City Manager's Office, received a letter from a
citizen thanking her for her assistance in reaching the Animal
Shelter when the telephones were not working.
• Steve Lindell with the Mahon Library was praised in an e-mail
from Joyce Dunn for his outstanding help with a computer problem
in the Library's computer lab.
• Street Department employees were praised in a letter to the editor
in the October 10 issue of the Lubbock Avalanche -Journal for their
service in blading a citizen's alley and adding material where the
alley held water.
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CONSENT AGENDA (Item Nos. 14-29, 31-35, 37)
Motion was made by Council Member Hernandez, seconded by Council
Member Morrison to approve Items 14-29, 31-35, 37 on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(14.) Approval of Minutes: October 9, 2003
Regular City Council Meeting
October 9, 2003
Special City Council Meeting
October 10, 2003
Special City Council Meeting
(15.) ORDINANCE #2003-00111 - Abandon and close a 20 foot wide and
a 16 foot wide alley located in Block 1, Westwood Drive Addition to
the City of Lubbock (3610 21" Street) (second and final reading).
ORDINANCE NO.2003-00111
AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT WIDE AND A
16 FOOT WIDE ALLEY LOCATED IN BLOCK 1, WESTWOOD DRIVE 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.
(16.) Resolution No. 2003-RO469 authorizing the Mayor to execute an
interlocal affiliation with the South Plains Association of
Governments to develop a South Plains Hazard Mitigation Action
Plan.
RESOLUTION NO.2003-RO469
WHEREAS, hazard mitigation is defined as sustained actions taken to eliminate
or reduce long-term risk to people and property from hazards and their effects; and
WHEREAS, the goal of mitigation is to save lives and reduce damages to
property, infrastructure, and the environment, and consequently to minimize the costs of
disaster response and recovery activities; and
WHEREAS, a hazard mitigation action plan is a community's dynamic record of
its recognition that it is vulnerable and at risk from hazards, and represents a community's
commitment to take the actions needed and implement specific mitigation strategies
designed to reduce the community's long-term vulnerability, risk and exposure to adverse
consequences resulting from hazards; and
WHEREAS, the City of Lubbock, Texas, (the "City") supports efforts to promote
hazard mitigation in the 15 county area known as the South Plains region through the
development of the South Plains Hazard Mitigation Action Plan;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF
LUBBOCK:
THAT the City Council of the City of Lubbock, on behalf of the citizens of
Lubbock, Texas, supports and endorses efforts to develop a regional hazard mitigation
action plan as required by the Federal Emergency Management Agency and the Texas
Division of Emergency Management to remain eligible for federal post -disaster recovery
assistance for all local disasters occurring after November 1, 2004. Further, the City
agrees to participate with the South Plains Association of Governments in submitting an
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All -Hazards Mitigation Action Plan to the Texas Division of Emergency Management
and FEMA. The City agrees that its contribution will be limited to tracking staff time
spent in providing required information to SPAG to develop the Hazard Mitigation
Action Plan by dates set by the Parties.
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson
Emergency Management Coordinator
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims
Assistant City Attorney
The jurisdictions (cities/counties) of the South Plains Association of
Governments have agreed to accept a Hazard Mitigation Program Grant
from the Texas Department of Public Safety Division of Emergency
Management. The purpose of the grant is to develop a regional Mitigation
Action Plan as required by the Federal Emergency Management Agency
for a jurisdiction to be eligible for certain hazard mitigation funds. The
grant is in the amount of $100,000 and requires a 25% match from
participants in the program. Based on population percentages within the
region, the City of Lubbock's portion of the matching funds is $13,203.76.
FISCAL IMPACT:
The City of Lubbock's portion of the matching funds will be funded by the
Self -Insurance fund. The development of the Mitigation Action Plan will
provide the City of Lubbock with the opportunity to receive future
mitigation funding from the Federal Emergency Management Agency.
The funds may be used for various types of hazard mitigation projects
within the Lubbock/Lubbock County jurisdiction.
Staff recommended approval of this resolution.
(17.) Resolution No. 2003-RO470 authorizing the Mayor to execute a
revised agreement with Civic Lubbock, Inc. to further clarify that
Civic Lubbock, Inc. is an independent concessionaire for the Civic
Center and Auditorium/Coliseum.
RESOLUTION NO. 2003-RO470
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 License Agreement for use of the Auditorium -
Coliseum and the Lubbock Memorial Civic Center and any associated documents by and
between the City of Lubbock and Civic Lubbock, Inc., for food, beverage and other
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concession sales, a copy of which License Agreement is attached hereto and which shall
be spread upon the minutes of this Council and as spread upon the minutes of this
Council shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Vicki Key
Vicki Key, Civic Services Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the License Agreement is filed with Resolution No. 2003-R0470.
Civic Lubbock, Inc. has requested that this agreement be revised to further
clarify that Civic Lubbock, Inc. is an independent concessionaire for the
Civic Center and Auditorium/Coliseum. The added language in paragraph
13 is in accordance with the Texas Alcoholic Beverage Commission
(TABC) statutes and affirms that the organization does not share in any
sponsorship dollars generated by the operation of the Civic Center or
Auditorium/Coliseum. It also affirms that Civic Lubbock, Inc. does not
control the scheduling of events in the City facilities, as that is handled by
the City of Lubbock. The provision also affirms that Civic Lubbock, Inc.
makes the decisions on what products are sold and quantities of those
products to be sold as an independent concessionaire. The TABC has
agreed that since Civic Lubbock, Inc. meets the criteria as an independent
concessionaire, events held in the Civic Center and Auditorium/Coliseum
will be able to receive sponsorship dollars from other tiers of the alcoholic
beverage industry, as well as from Civic Lubbock, Inc. The agreement
between the City of Lubbock and Civic Lubbock, Inc. needs to be revised
to affirm these provisions and the TABC has approved these revisions in
the agreement.
The revised agreement also incorporates the amendment, which was
previously approved by City Council at their July 24, 2003 meeting.
FISCAL IMPACT:
None.
Civic Lubbock, Inc. has requested that this agreement be revised to further
clarify Civic Lubbock, Inc.'s role as an independent concessionaire. This
will enable events to receive sponsorship dollars from both distributors
and/or manufacturers of alcoholic beverages and from Civic Lubbock, Inc.
Staff recommended approval of the revised agreement between the City of
Lubbock and Civic Lubbock, Inc.
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i18•) Resolution No. 2003-RO471 authorizing and directing the payment of
leave with pay to Officer Bill Bates, an Officer of the Lubbock Police
Department, for a period not to exceed 182.5 days commencing
October 21, 2003 as authorized by Chapter 143 of the Texas Local
Government Code.
RESOLUTION NO.2003-RO471
WHEREAS, Officer Bill Bates, an officer of the Lubbock Police Department, has
honorably served the citizens of the City of Lubbock, since January 27, 1979: and
WHEREAS, Officer Bill Bates has suffered an injury to his back, which injury
occurred in the line of duty while he was serving the citizens of the City of Lubbock; and
WHEREAS, Section 143.073 of the Texas Local Government Code provides that
a municipality shall provide a police officer a leave of absence for an illness or injury
related to the officer's line of duty and that, if necessary, such leave shall continue for at
least one year; and
WHEREAS, Section 143.073 of the Texas Local Government Code, provides that
the governing bodies of municipalities may authorize an extension of leave with pay to
officers who have exhausted the leave referred to above; and
WHEREAS, Officer Bill Bates has exhausted the leave with pay authorized under
Section 143.073 of the Texas Local Government Code; and
WHEREAS, the City Council of the City of Lubbock, deems it to be in the best
interest of the citizens of the City of Lubbock to authorize an extension of pay with leave
to Officer Bill Bates pursuant to Chapter 143 of the Texas Local Government Code, and
subject to Personnel Policy 6.11.B.2, for a period not to exceed 182.5 days commencing
on October 21, 2003.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, pursuant to Chapter 143 of the
Local Government Code, and subject to Personnel Policy 6.11.B.2, hereby authorizes
payment of leave with pay to Officer Bill Bates, an officer of the Lubbock Police
Department, for a period of 182.5 days commencing on October 21, 2003.
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude Jones
Claude Jones, Chief of Police
APROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
Police Officer Bill Bates suffered a physical injury while on duty. He will
exhaust the one-year of leave with pay authorized by Section 143.071 of
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Page 425
the Texas Government Code. The adoption of this resolution would
authorize an extension of leave with pay for a period not to exceed 182.5
days commencing October 21, 2003.
FISCAL IMPACT:
The City will continue to pay his salary. The amount paid will be reduced
by the amount of pay he receives from Workers Compensation. The net
pay amount will be $511.47 every two weeks for a total of approximately
$9,206.
Staff recommended approval of this resolution.
(19.) Resolution No. 2003-RO472 authorizing the Mayor to execute an
agreement between the City of Lubbock and AIG Life Insurance
Company to provide Voluntary Accidental Death and
Dismemberment Insurance.
RESOLUTION NO.2003-RO472
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, to provide
voluntary accidental death and dismemberment insurance, by and between the City of
Lubbock and AIG Life Insurance Company, and any other 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 23rd day of October 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-R0472.
There are no public funds involved in the voluntary Accidental Death and
Dismemberment (AD&D) plan. The AD&D benefit is completely
employee paid at a monthly rate of $.03 per $1,000 for employee only
coverage and $.04 per $1,000 for family coverage. AIG Life Insurance
Company has provided this plan since December 1, 2000. The contract
expires November 30, 2003.
A request for proposal (RFP) was distributed to solicit proposals for
AD&D insurance. Five responses were received and reviewed by a
Committee of City staff. The respondents were:
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AIG Life Insurance Company
CIGNA Group Insurance
MetLife Insurance Company
AFLAC Assurance Company
Fort Dearborn Life Insurance Company
Proposals were evaluated on:
Adherence to plan specifications 20%
Financial Statements of Underwriter/Rating 20%
Cost 40%
Enrollment/Administrative Capabilities 10%
Relevant Experiences/References 10%
The AFLAC proposal was disqualified, because the plan did not adhere to
plan specifications and the high monthly rates.
The responses were ranked as follows:
1. AIG Life Insurance Company
2. CIGNA Group Insurance
3. Fort Dearborn Life Insurance Company
4. MetLife Insurance Company
The Committee unanimously selected AIG Life Insurance based on a
three-year rate guarantee and the level of benefits provided as outlined in
the plan specifications. The contract will be effective December 1, 2003
and expire November 30, 2006.
FISCAL IMPACT:
None. (Optional employee paid benefit)
The Review Committee recommended that the resolution be signed to
execute an agreement to allow AIG Life Insurance Company to provide
voluntary AD&D insurance coverage.
(20.) Resolution No. 2003-RO473 authorizing the Mayor to accept an
agreement allowing Royal Indemnity Insurance to transfer its
$260,000,000 interest of the City of Lubbock's property insurance
coverage to Resurgens Specialty Underwriters, Inc. (RSUI).
RESOLUTION NO. 2003-RO473
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve for and on
behalf of the City of Lubbock, an endorsement by Royal Indemnity Insurance to transfer
its $260,000,000.00 interest of the City of Lubbock's property insurance coverage to
RSUI (Resurgens Specialty Underwriters, Inc.).
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October 23, 2003
Page 427
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Leisha Hutcheson
Leisa Hutcheson, Risk Manager
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
Best Rating downgraded Royal Indemnity Insurance, one of the City's
Property Insurance carriers to a B+. Royal Indemnity Insurance has agreed
to do a cut -through endorsement to RSUI who has a rating of AX.
Effective October 1, 2003, Royal Indemnity Insurance was approved by
Council as the City's insurance carrier for the third layer of property
insurance. They carry $260,000,000 of $300,000,000 in coverage.
The City's broker advised of the downgrade of Royal Indemnity to a B+.
The City has always required that its carriers maintain a financial Best
rating of A or better. In an effort to work through their financial
difficulties, Royal Indemnity has agreed to do a cut -through endorsement
to RSUI. This cut -through endorsement will allow the City to maintain its
financial requirements at no additional cost.
FISCAL IMPACT:
There will be no charge for this endorsement.
Staff recommended approval of this resolution.
(21.) Resolution No. 2003-RO474 to approve a revised Investment Policy
and Investment Strategy.
RESOLUTION NO.2003-R0474
WHEREAS, on August 25, 1995, the City Council of the City of Lubbock
adopted Resolution #4933 which established an investment policy for the City of
Lubbock; and
WHEREAS, on December 18, 1997, the City Council of the City of Lubbock
adopted Resolution #5728 which revised the City's investment policy so as to comply
with changes to the Public Funds Investment Act (Chapter 2256 of the Texas
Government Code); and
WHEREAS, on May 28, 1998, the City Council of the City of Lubbock adopted
Resolution #5867 which revised the City's investment policy so as to amend current
practices and strategies and clarify current provisions, which revisions comply with the
Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and
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Page 428
WHEREAS, on November 4, 1999, the City Council of the City of Lubbock
adopted Resolution #6600 which revised the City's investment policy so as to make
minor "housekeeping" changes and bring the current investment policy into compliance
with House Bill 3009; and
WHEREAS, on November 27, 2000, the City Council of the City of Lubbock
adopted Resolution #2000-R0418, which revised the City's investment policy so as to
amend current practices and strategies and clarify current provisions, which revisions
comply with the Public Funds Investment Act (chapter 2256 of the Texas Government
Code); and
WHEREAS, on November 8, 2001, the City Council of the City of Lubbock
adopted Resolution #2001-R0471, which revised the City's investment policy so as to
amend current practices and strategies and clarify current provisions, which revisions
comply with the Public Funds Investment Act (Ch. 2256 of the Texas Government Code);
and
WHEREAS, on February 13, 2003, the City Council of the City of Lubbock
adopted Resolution #2003-R0065, which revised the City's investment policy so as to
amend current practices and strategies and clarify current provisions, which revisions
comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government
Code); and
WHEREAS, the City Council has reviewed and approved the City of Lubbock
Texas Investment Policy and Investment Strategy and desires to make certain changes
thereto so as to amend current practices, which revisions comply with the Public Funds
Investment Act (Chapter 2256 of the Texas Government Code); NOW THEREFORE;
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock investment policy and investment strategy, as
reviewed and amended in the attached document entitled "City of Lubbock, Texas,
Investment Policy and Investment Strategy" which is hereby incorporated in this
Resolution as if fully set forth, BE approved and adopted for the City of Lubbock, Texas,
and shall be included in the minutes of the Council.
Passed by the City Council this 23rd day of October 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Beverly Hodges
Beverly Hodges
Interim Chief Financial Officer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Investment Policy and Investment Strategy is filed with Resolution No.
2003-R0474.
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October 23, 2003
Page 429
An annual review, by the City Council, of the City of Lubbock Investment
Policy and Investment Strategy is required by the Public Funds Investment
Act (Government Code 2256.005e). The Investment Policy and
Investment Strategy has been updated to reflect changes as recommended
by the City's Investment Review Committee (IRC). The agenda back-up
information includes a "red -lined" version of the Policy/Strategy to
highlight all changes that have been made at this time.
FISCAL IMPACT:
Not Applicable.
The City Manager has appointed members to the IRC, which is mandated
by the City's Investment Policy and Investment Strategy.
The IRC has reviewed the changes to the Investment Policy and
Investment Strategy.
The IRC recommended approval of this resolution.
(22.) Resolution No. 2003-RO475 to update and designate authorized
representatives on the City's accounts with the public funds
investment pool known as the Texas Local Government Investment
Pool (TexPool).
RESOLUTION NO.2003-R0475
A RESOLUTION AMENDING
AUTHORIZED REPRESENTATIVES
WHEREAS, CITY OF LUBBOCK (the "City") is a local government of the State
of Texas and is empowered to delegate to a public funds investment pool the authority to
invest funds and to act as custodian of investments purchased with local investment
funds; and
WHEREAS, it is in the best interest of the City to invest local funds in
investments that provide for the preservation and safety of principal, liquidity, and yield
consistent with the Public Funds Investment Act; and
WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public
funds investment pool, was created on behalf of entities whose investment objective in
order of priority are preservation and safety of principal, liquidity, and yield consistent
with the Public Funds Investment Act; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the individuals, whose signatures appear in this Resolution,
are Authorized Representatives of the City and are each hereby authorized to transmit
funds for investment in TexPool and are each further authorized to withdraw funds from
time to time, to issue letters of instruction, and to take all other actions deemed necessary
or appropriate for the investment of local funds.
SECTION 2. THAT an Authorized Representative of the City may be deleted by
a written instrument signed by all remaining Authorized Representatives provided that the
deleted Authorized Representative (1) is assigned job duties that no longer require access
to the City's TexPool account or (2) is no longer employed by the City; and
SECTION 3. THAT the City may be Amending Resolution signed by the City
add an Authorized provided the additional Authorized Representative is an officer,
employee, or agent of the City;
SECTION 4. THAT the following persons are Authorized Representatives of the
participant. These individuals will be issued P.I.N. numbers.
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Page 430
1. Name: Andy Burcham
Signature: /s/ Andy Burcham
2. Name: Beverly Hodges
Signature: /s/ Beverly Hodges
3. Name: Danielle Whitfill
Signature: /s/ Danielle Whitfill
4. Name: Jeff Snyder
Signature: /s/ Jeff Snyder
Title: Cash & Debt Manager
Direct Phone Number (806)775-2149
Interim Chief Financial Officer
Direct Phone Number(806)775-2161
Title: Financial Analyst
Direct Phone Number(806)775-2041
Assistant Chief Accountant
Direct Phone Number(806)775-2060
List the name of the Authorized Representative listed above that will have primary
responsibility for performing transactions and receiving confirmations and monthly
statements under the Participation Agreement.
Name: Danielle Whitfill
SECTION 5. THAT this Resolution and its authorization shall continue in full
force and effect until amended or revoked by the City, and until TexPool receives a copy
of any such amendment or revocation. This Resolution is hereby introduced and adopted
by the City at its regular/special meeting held on the 23rd day of October, 2003.
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Beverly Hodges
Beverly Hodges
Interim Chief Financial Officer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight,
Assistant City Attorney
The City entered into a Participation Agreement with TexPool on May 28,
1998. Due to staffing changes, it is necessary to update and designate
new authorized representatives on these accounts. The designation of
"Authorized Representative" provides full power and authority to:
transmit funds for investment in TexPool and withdraw funds from time to
time, to issue letters of instruction, and to take all other actions deemed
necessary or appropriate for the investment of local funds. All
transactions require dual signature for added security and compliance with
the City's Investment Policy.
The updated "Authorized Representatives" will include:
Beverly Hodges, Interim Chief Financial Officer
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Page 431
Andy Burcham, Cash & Debt Manager
Jeffrey Snyder, Chief Accountant
Danielle Whitfill, Financial Analyst
FISCAL IMPACT:
Not Applicable.
Staff recommended approval of this resolution.
(23.) Resolution No. 2003-RO476 to update and designate authorized
representatives on the City's accounts with the public funds
investment pool known as the Local Government Investment
Cooperative (LOGIC).
RESOLUTION NO.2003-R0476
A RESOLUTION CHANGING AUTHORIZED REPRESENTATIVE FOR
LOCAL GOVERNMENT INVESTMENT COOPERATIVE
WHEREAS, CITY OF LUBBOCK (the "City") by authority of that certain Local
Government Investment Cooperative Resolution dated May 23, 1996, (the "Resolution")
has entered into that certain Interlocal Agreement (the "Agreement") and has become a
participant in the public funds investment pool created thereunder known as Local
Government Investment Cooperative ("LOGIC");
WHEREAS, the Resolution designated on one or more "Authorized
Representatives" within the meaning of the Agreement;
WHEREAS, the City now wishes to update and designate the following persons
as the "Authorized Representatives" within the meaning of the Agreement;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
The following officers, officials or employees of the City are hereby designated as
"Authorized Representatives" within the meaning of the Agreement, with full power and
authority to: deposit money to and withdrawal money from the City's LOGIC account or
accounts from time to time in accordance with the Agreement and the Information
Statement describing the Agreement and to take all other actions deemed necessary or
appropriate for the investment of funds of the Government Entity in LOGIC:
Signature: /s/ Andy Burcham
Printed Name: Andy Burcham
Title: Cash & Debt Manager
Signature: /s/ Beverly Hodges
Printed Name: Beverly Hodges
Title: Interim Chief Financial Officer
Signature:
/s/ Danielle Whitfill
Printed Name:
Danielle Whitfill
Title:
Financial Analyst
Signature:
/s/ Jeff Snyder
Printed Name:
Jeff Snyder
Title:
Chief Accountant
The foregoing supersedes and replaces the City's previous designation of officers,
officials or employees of the City as Authorized Representatives under the Agreement
pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution
shall remain in full force and effect.
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October 23, 2003
Page 432
PASSED BY THE City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Beverly Hodges
Beverly Hodges
Interim Chief Financial Officer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight,
Assistant City Attorney
The City entered into an Interlocal Agreement with LOGIC on May 23,
1996. Due to staffing changes, it is necessary to update and designate
new authorized representatives on these accounts. The designation of
"Authorized Representative" provides full power and authority to: deposit
money to and withdraw money from the City's LOGIC account or
accounts from time to time in accordance with the agreement and the
information statement describing the agreement and to take all other
actions deemed necessary or appropriate for the investment of funds of the
City in LOGIC. All transactions require dual signature for added security
and compliance with the City's Investment Policy.
The updated "Authorized Representatives" will include:
Beverly Hodges, Interim Chief Financial Officer
Andy Burcham, Cash & Debt Manager
Jeffrey Snyder, Chief Accountant
Danielle Whifill, Financial Analyst
FISCAL IMPACT:
Not Applicable.
Staff recommended approval of this resolution.
(24.) Resolution No. 2003-RO477 authorizing the Mayor to execute an
interlocal agreement extension, and all related documents between the
City of Lubbock and the Texas Workforce Commission.
RESOLUTION NO. 2003-RO477
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 extension by and between
the City of Lubbock and Texas Workforce Commission. 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.
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October 23, 2003
Page 433
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney -
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ AM L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2003-R0477.
This agreement allowed the City to obtain information from the Workforce
Commission to track recipients of Community Service Block Grant and
Community Development Block Grant funds to see if they do transition
out of poverty.
This information is needed to report to the State and to the Federal
agencies on our success in the programs. A list will be provided to the
State to gain the information requested on program participants. They will
then send the requested information back.
FISCAL IMPACT:
No impact to general fund, 100% paid by grant funds.
Community Development recommended approval of this resolution.
(25.) Resolution No. 2003-RO478 authorizing the Mayor to execute
Contract No. 514 05F7057 with the Texas Department of
Transportation (TxDOT) for operating assistance.
RESOLUTION NO.2003-RO478
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 No. 51405F7057 for
operating assistance, by and between the City of Lubbock and Texas Department of
Transportation (TxDOT), 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.
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October 23, 2003
Page 434
Passed by the City Council this 23rd day of October, 2002.
/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/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2003-R0478.
TxDOT is allocating $880,418 of public transportation funds to the City of
Lubbock for operating assistance to maintain its public transportation
system (Citibus) for Fiscal Year 2003-2004. The $880,418 is included in
the Citibus budget for Fiscal Year 2003-2004 that has been previously
reviewed by City Council. The contract is effective from September 1,
2003, or when fully executed by both parties, and shall terminate on
August 31, 2004. Acceptance of the contract will result in no additional
cost to the City of Lubbock.
The Texas Department of Transportation has not allocated funds for the
second year (Fiscal Year 2004 — 2005) of the biennium. However, Citibus
anticipates it will be about the same as this year.
FISCAL IMPACT:
No additional cost to the City of Lubbock.
Citibus recommended approval of this resolution..
(26.) Resolution No. 2003-RO479 authorizing the Right -of -Way Department
to make an offer to George H. McMahan, Inc. for a 10 foot wide water
line easement located in Section A-K, Block 31, Lubbock County,
Texas (7502 82"d Street, north side of 82°d Street between Alcove
Avenue and Wausau Avenue).
RESOLUTION NO.2003-RO479
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs, _
safety and welfare demand and create a public necessity for the acquisition of additional
easements for municipal public use and purposes, to -wit: for the underground water
line easements in the southwest Lubbock annexation area and the City Council of said
City finds it in the public interest and for public purposes and municipal purposes to
proceed with the acquisition of easements as needed for such purposes as aforesaid;
NOW THEREFORE:
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October 23, 2003
Page 435
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the permanent water line easement to the tract of land further
described in Exhibit "A", attached hereto, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof.
SECTION 2. THAT the owner of said tract, being George H. McMahan, Inc.,
BE offered through the Right -of -Way Department of the City of Lubbock the amount of
$17,900 which is the amount appraised as the value and total damages for the permanent
water line easement and acquisition of said real estate purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to acquire the
permanent water line easement.
Passed by the City Council this 23rd day of October, 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/ Linda Chamales
Linda Chamales, Supervising Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2003-R0479.
The City of Lubbock is in the process of extending a water line westward
down 82"d Street to serve the City of Wolfforth. George McMahan owns
the property on the north side of 82"d Street between Alcove Avenue and
Wausau Avenue. This water line easement request is to acquire a 10-foot
water line easement along the south 10-feet of Mr. McMahon's property.
This 10 foot wide by 2,565.29 foot long easement contains 25,546 square
feet. Tommy Cantrell, M.A.I., appraised this easement at $17,900, which
is our offer to Mr. McMahan. Mr. McMahan has requested that the Water
Utilities Department issue him a credit for this $17,900 to be applied for
future pro-rata costs when he develops additional property.
This resolution also authorizes the City to institute condemnation
proceedings to acquire this property if our offer is refused.
FISCAL IMPACT:
The acquisition of this easement will be at a cost of $17,900. Funding will
come from the water utilities pro-rata fund.
The Right -of -Way Department recommended approval of this resolution.
(27.) Resolution No. 2003-R0480 authorizing the Mayor to sign a contract
with Parkhill, Smith & Cooper, Inc. engineering consultant, to
provide engineering services for construction of street and surface
drainage improvements at various locations.
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Regular City Council Minutes
October 23, 2003
Page 436
RESOLUTION NO.2003-RO480
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock an Agreement for Engineering Services and any
associated documents by and between the City of Lubbock and Parkhill, Smith & Cooper,
Inc., for engineering services with regard to street and surface drainage improvements at
various locations in the City of Lubbock, a copy of which Agreement is attached hereto
and which shall be spread upon the minutes of this Council and as spread upon the
minutes of this Council shall constitute and be a part hereof as if fully copied herein in
detail.
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, PE, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Agreement is filed with Resolution No. 2003-R0480.
The two firms submitting proposals for this work were Enprotech and
Parkhill, Smith & Cooper, Inc. (PSC). PSC was determined to be the best
qualified for this project.
The contract to be executed will include engineering services for
construction of the following projects:
A northbound right turn lane on Frankford at Spur 327, and a southbound
right turn lane at 19th Street.
Replacement of miscellaneous curb and gutter to eliminate standing water.
Rebuilding of the Clapp Park storm water pump station.
Dip section on 34th Street west of Milwaukee.
98th and Quaker drainage channel improvements.
Jan Jennings Park lake overflow improvements.
84th and Memphis drainage improvements.
29th Drive east of Slide Road drainage channel.
34th from Chicago to Frankford drainage channels.
Stevens Park drainage channel extensions.
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October 23, 2003
Page 437
The contract includes basic design services and additional services to be
provided upon request by the City. Each of the services is to be paid for
on an hourly basis for actual services provided, with a not to exceed total
amount of $96,319. The time of completion for the contract is 14 months.
FISCAL IMPACT:
This project was included in the 1999 bond election. $1,136,000 was
budgeted for design and construction of various surface drainage
improvement projects. Several projects have previously been constructed
on other contracts. $1,001,053 remains available for this project.
$83,000 is budgeted for the Frankford and Spur 327 right turn lane.
$390,000 is budgeted for the 19th and Frankford right turn lane.
Staff recommended approval of this resolution.
(28.) Resolution No. 2003-RO481 authorizing the Mayor to execute a
Professional Services Contract with Parkhill, Smith & Cooper, Inc.
for the construction documents for the Fiesta Plaza, which will be
located at the Buddy Holly Recreation Area.
RESOLUTION NO.2003-RO481
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock an Agreement for Engineering Services and any
associated documents by and between the City of Lubbock and Parkhill, Smith & Cooper,
Inc., for architectural/engineering services with regard to Fiesta Plaza, a copy of which
Agreement is attached hereto and which shall be spread upon the minutes of this Council
and as spread upon the minutes of this Council shall constitute and be a part hereof as if
fully copied herein in detail.
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Kay Miller for Corbin Pemberton
Corbin Pemberton, Director of Parks and Recreation
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Agreement is filed with Resolution No. 2003-RO481.
In the 1970s construction began on the Canyon Lakes Project, a six -mile
long regional park. Over the next 20 years, several Goals for Lubbock
documents called for the completion of the Canyon Lakes Project, which
is now known as the Jim Bertram Lake System.
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October 23, 2003
Page 43 8
In June 1999, the team of Carter & Burgess and Parkhill, Smith & Cooper,
Inc. completed the Canyon Lakes Master Plan Feasibility Study. The study
provided the plan for completing the regional park with an emphasis on a
continuous, navigable body of water and the design and location of bridges
to allow boat, vehicular, and pedestrian circulation throughout the canyon.
The study provided the basis for the September 1999 citizen approval of
$500,000 in G.O. Bonds for the construction of Fiesta Plaza.
In October 2001, the City entered into a design contract with Carter
Burgess and Parkhill, Smith & Cooper, Inc. for the master plan of Fiesta
Plaza. In January 2002, Texas Parks and Wildlife awarded a $500,000
grant for the project. The funds will be used to construct a festival area
that will consist of several performance areas, picnic area, a boat dock,
fishing pier, a cultural kiosk, and landscaping.
The performance areas will include a small outdoor stage, a large covered
pavilion, and a multi -purpose court. Each of these will have electrical
infrastructure in place so that they can serve multiple functions for
different festival needs.
With the master plan and the archaeology completed, the project is now
ready for the preparation of construction documents. This contract will
include Parkhill, Smith & Cooper, Inc. as the prime consultant, with Carter
Burgess as the sub -contractor.
The basic cost for these design services is on a lump sum basis and
includes all professional fees necessary to perform the work as noted
below. Reimbursable expenses are on an actual costs basis and will be
additional to the basic services fee.
Basic Reimbursable
Services Expenses
1. Preliminary Design ........................... $28,350.......... $4,000
2. Final Design ................................... $34,650.......... $1,500
3. Bidding Phase .............................. .$ 9,000.......... $2,000
4. Final Design .................................. $18,000.......... $1,000
TOTAL BASIC SERVICES FEE ............... $90,000
(Lump Sum)
REIMBURSABLE EXPENSES (Not to Exceed) ................. $8,500
The scope of services, including construction, which will be in Spring
2004, is to be completed by December 31, 2004.
FISCAL IMPACT:
In September 1999, the citizens approved $500,000 for this project. In
January 2002, Texas Parks and Wildlife awarded an additional $500,000
for this project. To date, $145,134 has been spent on master planning,
archaeology, and soil testing. Upon approval of this contract, there will be
$756,366 left for construction.
In July 2000, a business plan was developed for Fiesta Plaza. Once
construction is completed, it is estimated that the annual net operating
impact will be $11,775.
Staff recommended approval of this resolution.
(29.) Resolution No. 2003-R0482 for Sales and Maintenance Agreement for
Communication Network Equipment and Services (Information
Technology).
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Regular City Council Minutes
October 23, 2003
Page 439
RESOLUTION NO.2003-RO482
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 Sales Agreement for
Communication Network Equipment and Services and all related documents between the
City of Lubbock and Southwestern Bell Telephone. 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 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood, Director,
Information Technology
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2003-R0482.
This contract with Southwestern Bell Telephone Company (SBC) is for
the installation and maintenance of SONET network equipment at three
locations. In December 2000, Information Technology completed Phase I
of the Communications Infrastructure project, which connected Municipal
Square to the Fire Administration complex using SONET technology.
Phase II, completed in 2001, created a redundant, survivable
communications ring (meaning if fiber were cut between two SONET
nodes, the transmission path would reverse with no loss of
communication). The current phase is intended to add three new sites to
the communications infrastructure and will allow high-speed voice, video,
and data communications to three facilities.
This contract will connect three additional SONET nodes at Lubbock
International Airport, Water Treatment Facility, and Water Reclamation
Facility to the ring that already exists between Municipal Square, Fire
Administration, Municipal Hill, Slaton Substation, and Cooke Generation
Plant.
Purchase of the equipment is from SBC's Tex -An 2000 contract, which is
the State of Texas' Department of Information Resources contract with
Southwestern Bell Corporation.
FISCAL IMPACT:
A total of $1,000,000 was appropriated and $573,959 is available in
project number 90072 (Communication Infrastructure) for this purpose.
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October 23, 2003
Page 440
Award contract to Southwestern Bell Telephone of San Antonio, Texas,
for $172,916.88.
The next item considered was Item 31.
(30.) Resolution No. 2003-R amendment extending the City's contract
with Physicians Network Association (PNA) for one year.
This item was deleted.
(31.) Consider approval of an Oil Drilling Permit for Lubheirs 921. A
public hearing was held during the October 9, 2003 Council meeting.
This item was considered following Item 29.
(32.) Resolution No. 2003-110483; Resolution No. 2003-110484; Resolution
No. 2003-R0485/RFP 9098-03/RW —for Wireless and Cellular Services
for the City of Lubbock (Telecommunications/Citywide).
UTIO .T NO. 2003-R0483 RESOL
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 Wireless Service
Agreement and all related documents between the City of Lubbock and Cingular
Wireless. 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 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood, Director,
Information Technology
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2003-R0483.
RESOLUTION NO.2003-RO484
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 Wireless Service
Agreement and all related documents between the City of Lubbock, Nextel Partners
Operating Corp. and Shamrock Wireless. 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.
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Regular City Council Minutes
October 23, 2003
Page 441
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood, Director,
Information Technology
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2003-R0484.
RESOLUTION NO.2003-RO485
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 Wireless Service
Agreement and all related documents between the City of Lubbock and CellularOne.
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 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood, Director,
Information Technology
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2003-R0485.
These contracts are for cellular phone services for the City of Lubbock.
The City uses cellular phone services to enhance efficiencies in daily
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Regular City Council Minutes
October 23, 2003
Page 442
operations and as a means to increase response time to citizens.
Due to the differences in the products offered by the respondents to the
request for proposal (RFP), the vendors (Shamrock Wireless, Next
Wireless, Nextel Partners, and NTS) offering the cell phone/2-way phone
were evaluated against each other. The vendors (Cellular One, Cingular,
Aijay, Venture, T-Mobile and Sprint) offering the cell phone service were
judged against each other as well.
The RFP Evaluation Committee ranked the respondents to the RFP as
follows:
Cell phone/2-wav phone:
Shamrock Wireless of Lubbock, TX
86.08
Next Wireless of Tyler, TX
84.83
NTS Communications, Inc. of Lubbock, TX
78.58
Nextel Partners, Inc. of Lubbock, TX
59.50
Cell phone service:
Cingular Wireless of Lubbock, TX
88.33
Cellular One of Lubbock, TX
82.25
Sprint PCS/Texas Telecommunication of Lubbock, TX
77.05
Total Mobility of Irving, TX
70.92
Aijay Telecommunications of Torrance, CA
49.50
Venture Communications of Lubbock, TX
15.75
Proposals were evaluated and ranked using the following criteria:
• Quality of references received from business users of the
vendor's
cellular services and financial information provided by the vendor
-20%
• Ease of access to cellular services and coverage areas - 20%
• Adequacy of reporting and invoicing to enable the City to allocate
charges by employee (i.e. electronic billing that includes incoming
phone numbers) - 20%
• Net monthly cost to the City for cellular services - 30%
• Disaster plans for cellular services - 10%
The successful vendor(s) had to score at least 80% of each of the above
evaluation criteria to be given additional consideration. The RFP
Evaluation Committee included representatives from the Police
Department, Fire Department, Parks and Recreation, Water Utilities,
Lubbock Power & Light, and Telecommunications. After evaluating the
proposals, the Committee interviewed the top four ranked vendors to
derive the best and final offer that would provide the best services to the
City of Lubbock.
Twenty-seven local vendors were notified of the Request for Proposal.
FISCAL IMPACT:
The Cingular plan will cost $3,000 per month and will include 50,000
minutes that are pooled. The Cellular One plan will cost the City $0.10 per
minute for phone usage. The Nextel plan will cost $35.99 per phone each
month and will include 300 cell minutes, 250 two-way minutes and 3,450
night/weekend minutes. The minutes on this plan can be pooled as well.
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October 23, 2003
Page 443
A total of $160,000 was appropriated and $160,000 is available in project
number 3409.9145.06048 (Wireless) for this purpose.
Award contracts to Shamrock Wireless of Lubbock, Texas, Cingular
Wireless of Lubbock, Texas and Cellular One of Lubbock, Texas.
(33.) Resolution No. 2003-R0486BID #121-03BM —for litter fence netting
for Abernathy Landfill (Solid Waste).
RESOLUTION NO. 2003-RO486
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Purchase Order for litter fence netting
for Abernathy Landfill, by and between the City of Lubbock and Redden Marine Supply,
Inc of Bellingham, WA., and related documents. Said Purchase Order 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 23rd day of October, 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 Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2003-R0486.
This bid is for the purchase of a 24-foot high litter control fence
approximately 6,480 feet in length to be installed by City crews around the
new Cell II being constructed at the Abernathy Landfill. City crews
constructed a fence of this magnitude around Cell I in 2000.
This project is necessary to reduce windblown trash from being scattered
on property adjacent to the landfill. This project will reduce costs
associated with labor required to pick up windblown litter by hand.
_ The low bidder has agreed to sell this item to other governmental entities,
which have cooperative purchasing agreements with the City of Lubbock.
Three local vendors were notified of the invitation to bid.
FISCAL IMPACT:
A total of $3,547,000 was appropriated and $48,000 is available in project
number 9183 (Cell II Construction) for this purpose.
443
Regular City Council Minutes
October 23, 2003
Page 444
Award bid to Redden Marine Supply, Inc. of Bellingham, Washington for
$34,550.34.
(34.) Resolution No. 2003-110487/ BID #163-03/BM — for Pump Station #10
— 7,000,000 Million Gallon Reservoir (Public Works).
RESOLUTION NO. 2003-RO487
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 Pump Station #10 — 7
Million Gallon Reservoir, Bid #163-03/13M, by and between the City of Lubbock and
Preload, Inc. of Hauppauge, NY, 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 23rd day of October, 2003.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of October, 2003, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Preload, Inc., of the City of Hauppauge, County of Suffolk, and the State
of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #163-03BM - PUMP STATION #10 7-MILLION GALLON RESERVOIR -
$3,626,858.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
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Regular City Council Minutes
October 23, 2003
Page 445
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER) Preload, Inc.
By: Marc McDougal By: /s/ Jack Hornstein
Mayor
ATTEST:
/s/ Rebecca Garza
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
PRINTED NAME: Jack Hornstein
TITLE: Vice President
COMPLETE ADDRESS:
Preload, Inc.
60 Commerce Drive
Hauppauge, NY 11788
ATTEST:
Joanne C. Marron
Corporate Secretary
This project includes the demolition and removal of the existing
10,000,000 gallon reservoir at Pump Station # 10, installation of a bypass
line, and the construction of a 7,000,000 gallon round, pre -stressed,
wire -wound, type III concrete tank. The existing reservoir located at 82nd
Street and Memphis Avenue must be replaced due to structural problems
caused by rising ground water. When the reservoir was designed and
constructed, ground water was not found and was, therefore, not
considered in the design. Over the years, due to lessening demands on the
aquifer for irrigation and use of imported water, the ground water
elevation has risen to a level above the bottom of the existing tank. This
puts the City in violation of current Texas Commission on Environmental
Quality (TCEQ) regulations with the possibility of future fines. The
proposed tank will be built above existing ground water levels and will
meet current TCEQ requirements. Bids were received from the following
companies:
Preload, Inc. of Hauppauge, NY $3,626,858
NATGUN Corporation of Wakefield, MA $3,791,650
Both bidders (being strictly the tank contractor) will use Brown -McKee of
Lubbock, Texas, as their subcontractor on this project.
Time for substantial completion of this project is 270 calendar days and
liquidated damages is $500 per day. One hundred thirty-seven local
vendors were notified of this invitation to bid.
Regular City Council Minutes
October 23, 2003
Page 446
FISCAL IMPACT:
A total of $9,900,000 was appropriated and $5,441,067 is available in
project number 9567 (Pump Station Rehabilitation) for this purpose.
Award contract to Preload, Inc. of Hauppauge, New York for $3,626,858.
(35.) Resolution No. 2003-R0488BID #169-03/RS — for Round Hay Bale
Trailer Transport (Fleet Services).
RESOLUTION NO.2003-RO488
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 Purchase Order for round hay bale
trailer transport, by and between the City of Lubbock and Scott Tractor & Equipment of
Lubbock, Texas, and related documents. Said Purchase Order 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 23rd day of October, 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 Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2003-R0488.
This bid is for the purchase of two round hay bale movers and trailers to be
used by the Land Application Site to remove the bales of hay from the
fields. Each trailer will load, carry, and unload 12 round bales during hay
season. The trailers will be used exclusively by Lubbock Land Application
Site employees to move the hay out of the fields.
The low bidder has agreed to sell this item to other governmental entities
that have cooperative purchasing agreements with the City of Lubbock.
Forty-six local vendors were notified of this invitation to bid.
FISCAL IMPACT:
A total of $251,000 was appropriated and $134,541 is available in project
number 90284 (Sewer Fleet Replacement) for this purpose.
Award the bid to Scott Tractor & Equipment Company, Inc. of Lubbock,
Texas for $31,870.
MR
Regular City Council Minutes
October 23, 2003
Page 447
Council Member Morrison asked staff to provide him with a copy of the
bid specs.
The next item considered was Item 37.
(36.) Resolution No. 2003-R0490/BID #171-03/RS —for Fire Station #12
Dorm Renovations (Facilities Management).
This item was considered following Item 37.
RESOLUTION NO.2003-RO490
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Contract for Fire Station #12 dorm
renovations, Bid #171-03/RS, by and between the City of Lubbock and D & V
Construction, Inc. of Lubbock, Texas, and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 23rd day of October, 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 Knight
John Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of October, 2003, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and D & V Construction, Inc., of the City of Lubbock, County of Lubbock, and
the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #171-03/RS - FIRE STATION #12 DORM RENOVATIONS - $109,697.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
447
Regular City Council Minutes
October 23, 2003
Page 448
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER) D & V Construction, Inc.
By: Marc McDougal By: /s/ Charles Davis
Mayor
ATTEST:
/s/ Rebecca Garza
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
PRINTED NAME: Charles Davis
TITLE: Vice President
COMPLETE ADDRESS:
D & V Construction, Inc.
13910 Highway 87
Lubbock, TX 79423
ATTEST:
Charles Davis
Corporate Secretary
This bid is for the renovation of the dorm area at Fire Station #12. The
work will involve completely removing all interior walls, ceilings,
mechanical and electrical systems on the dorm side. The slab will be
removed and soil will be excavated. New plumbing will be installed.
New soil will be installed and compacted. New interior renovations will
take place once the new slab has been constructed.
Time for completion of this project is 90 days and liquidated damages is
$250 per day. Thirty-seven local contractors were notified of this
Invitation to Bid.
FISCAL IMPACT:
A total of $190,000 was appropriated and $179,255 is available in project
number 900-90295 (Fire Station #12 Dorm Renovations) for this purpose.
Award contract to D&V Construction Company of Lubbock, Texas for
$109,697.
Harlan Stauffer, Facilities Manager and Deputy Fire Chief Rhea Cooper
gave staff comments.
Motion was made by Council Member Gilbreath, seconded by Council
Member Patterson to pass Resolution No. 2003-R0490 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
Im
Regular City Council Minutes
October 23, 2003
Page 449
The next item considered was Item 38.
(37.) Resolution No. 2003-R0489/ BID #180-03/RS —for Gasoline and Diesel
Fuel Bulk Delivery — Annual Pricing (Fleet Services).
This item was considered following Item 35.
RESOLUTION NO.2003-RO489
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Letter of Award for gasoline and
diesel fuel bulk delivery — annual pricing, by and between the City of Lubbock and
Griffin Oil Company of Lubbock, Texas, and related documents. Said Letter of Award 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 23rd day of October, 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 Knight_
John Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2003-R0489.
The purpose of this bid is to establish firm annual pricing for transport
load and bobtail load of unleaded and diesel fuel used in City of
Lubbock's motor vehicles and other equipment. Annual average usage for
unleaded fuel is about 598,500 gallons and about 795,000 gallons for
diesel. This bid may be renewed up to two additional years, in one-year
time periods under the same terms and conditions.
The bidder's bid their margin and any applicable payment discount and/or
freight, which remain firm throughout the term of the contract. For
comparison purposes, bids were tabulated using the "rack price" per gallon
on Monday, October 6th, plus the bidder's margin and any applicable
payment discount and/or freight.
Ten local businesses were notified of the invitation to bid. The low
bidder has agreed to sell this item to other governmental entities that have
cooperative purchasing agreements with the City of Lubbock.
449
Regular City Council Minutes
October 23, 2003
Page 450
FISCAL IMPACT:
A total of $2,052,802 was appropriated and $2,052,802 is available in
account number 310.2117 (Inventory Diesel Fuel) and 310.2115
(Inventory Unleaded Fuel) for this purpose.
Award bid to Griffin Oil Company of Lubbock, Texas for $1,332,618.05.
The next item considered was Item 36.
ORDINANCES FOR PASSAGE
Second Reading
(38.) ORDINANCE NO. 2003-00112 - An ordinance abandoning and
closing a 10-foot underground utility easement located in Lot 15,
Block 130, Overton Addition to the City of Lubbock (2420 8th Street)
(second and final reading).
This item was considered following Item 36.
ORDINANCE NO. 2003-00112
AN ORDINANCE ABANDONING AND CLOSING A 10 FOOT UNDERGROUND
UTILITY EASEMENT LOCATED IN LOT 15, BLOCK 130, IN THE OVERTON
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH
IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance was read for the first time at the October 9, 2003, City
Council Meeting as a regular consent agenda item.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of the second
reading of this ordinance.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass on second and final reading Ordinance No.
2003-00112 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 48A.
PUBLIC HEARINGS
10:45 A. M. Zoning
Items 39-44 were considered following Item 55.
(39.) Ordinance No. 2003-00113/ZONE CASE NO. 2982 (8701 West 19th
Street): Hold a public hearing to consider request of Michael H.
Dunn (for TMT Investments, Inc.) for a zoning change from R-1 to
C-4 on 0.397 acres of unplatted land out of Section 6, Block D-6.
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Regular City Council Minutes
October 23, 2003
Page 451
ORDINANCE NO.2003-00113
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2982; A ZONING CHANGE FROM R-1 TO C-4
ZONING ON 0.397 ACRES OF UNPLATTED LAND OUT OF SECTION 6, BLOCK
D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:45 a. in. Michael Dunn
was present on behalf of TMT Investments Inc. No one appeared in
opposition. Mayor McDougal closed the hearing at 10:46 a. in.
The parcel was a service station at some time before the area in West
Lubbock was annexed in 1984. The parcel has been used for several
businesses, including used vehicle sales.
Adjacent land use:
North — vacant
South — a mixture of commercial and residential
East — vacant
West— commercial
Although the parcel has been used for a number of businesses, it has been
vacant for more than one year and the nonconforming status as a used
vehicle sales lot expired. The owner was asked to apply for zoning that
will accommodate the anticipated uses of the building.
Requests for zoning along 19`h, west of Loop 289, have traditionally
included a strike list of permitted uses. Following is a list from one of the
cases that zoned much of the frontage from Upland to Alcove. The list is
altered to not strike used vehicle sales since at least two other cases have
allowed used car sales west of Upland on 19" .
The Planning Commission recommended approval of this ordinance with
the proposed strike list subject to the following conditions:
• Automobile body shops
• Billboards
• Commercial private and teenage clubs
• Dancehall
• Feed store
• Used furniture
• Game room (except as an incidental use)
• Motorcycle shop
• Second-hand goods store or pawn shop
• Nightclub
FISCAL IMPACT:
Not Applicable.
Staff recommended approval of this ordinance.
Randy Henson, Senior Planner, gave staff comments.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00113 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
451
Regular City Council Minutes
October 23, 2003
Page 452
(40.) Ordinance No. 2003-00114/ZONE CASE NO. 2178-G (Southwest
corner of 98th Street and Indiana Avenue): Hold a public hearing to
consider request of Craig Wallace Construction (for Surya Liman) for
a zoning change from A-1 and C-2 to GO, C-2, and A-1 (for an
apartment complex and commercial development) on 12.73 acres of
unplatted land out of Section 18, Block E-2.
ORDINANCE NO.2003-00114
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2178-G; A ZONING CHANGE FROM A-1 AND C-2
TO GO, C-2, AND A-1 ZONING ON 12.73 ACRES OF UNPLATTED LAND OUT OF
SECTION 18, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:45 a. m. No one
appeared on behalf of Craig Wallace Construction for Surya Liman. No
one appeared in opposition. Mayor McDougal closed the hearing at 10:46
a. m.
The request represents an adjustment of the current zoning on the
southwest corner of 98`h and Indiana. Some of the interior existing C-2 is
being rezoned A-1 for an apartment complex. A portion of existing A-1 is
requested as C-2 on 98`h Street, and the existing A-1 area on the corner of
98`h and Jordan is requested as Garden Office.
The most important element of this request is that the area on the south
side is currently A-1 and will remain A-1. Several residents on 101't
appeared at the hearing, not so much in opposition as not aware of the
proposal. Several seemed unaware that the property has been zoned for
apartments for 25 years.
Adjacent land uses:
North — commercial and residential
South — residential
East — commercial
West — residential
The proposal is consistent with the policies of the Comprehensive Land
Use Plan and the zoning ordinance. As noted, the request is a
rearrangement of the current zoning.
Within the ordinance controlling the existing zoning on the tract, a 155-
foot strip of the A-1 on the south boundary contains a condition that
should be continued in this request - that no apartment unit be constructed
that is more than one story. The original zone case in 1978 attached this
condition to benefit the residential to the south.
The proposal will not have any additional impact on the thoroughfare
system.
The Planning Commission recommended the request with the following
condition:
1. That the south 155 feet of the A-1 tract be limited to single story
structures.
FISCAL IMPACT:
Not applicable.
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October 23, 2003
Page 453
Staff recommended approval of this ordinance.
Randy Henson, Senior Planner, gave staff comments.
Council Member Martin requested that Randy Henson, Senior Planner,
show maps of this area. Mr. Henson did so and stated that all opposition
to this zone change had been satisfied.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00114 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(41.) Ordinance No. 2003-00115/ZONE CASE NO. 1864-G (south of 341h
Street and west of La Salle Avenue): Hold a public hearing to
consider request of John Nelson for a zoning change from C-4 to A-1
(for quadruplexes) on 1.5 acres of unplatted land out of Section 37,
Block AK.
ORDINANCE NO. 2003-00115
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1864-G; A ZONING CHANGE FROM C-4 TO A-1
ZONING ON 1.884 ACRES OF UNPLATTED LAND OUT OF SECTION 37, BLOCK
AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:45 a. m. No one
appeared on behalf of John Nelson. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:46 a. in.
The proposal would downzone a portion of a tract currently zoned C-4.
The area north facing 34th will be developed as commercial and the area to
the west is being developed as an Elks Lodge that was relocated from a
location on 29th Drive and Brownfield Highway.
Adjacent land uses:
North — vacant, commercial
South — single family south of an alley
East — apartments
West — zoned commercial; site of the new Elks Lodge
The proposal is consistent with the policies of the Comprehensive Land
Use Plan and zoning policy. The project will consist of quadruplex units.
The proposal should not have a negative effect on the thoroughfare system.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not applicable.
Staff recommended approval of this ordinance.
Randy Henson, Senior Planner, gave staff comments.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00115 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
453
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October 23, 2003
Page 454
(42.) Ordinance No. 2003-00116/ZONE CASE NO. 2983 (south of 108`h
Street between Canton Avenue and Flint Avenue): Hold a public
hearing to consider request of Triax Development for a zoning change
from T to R-1 Specific Use on 30.18 acres of unplatted land out of the
south halves of Section 19 and Section 20, Block E-2.
ORDINANCE NO. 2003-00116
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2983; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR REDUCED SETBACK ON 30.18 ACRES OF UNPLATTED
LAND OUT OF THE SOUTH HALF OF SECTION 19 AND OF SECTION 20,
BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 10:45 a. in. No one
appeared on behalf of Triax Development. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:46 a. in.
The request would make use of a Specific Use permit to allow a reduced
front setback for homes that will have access to the garage from the alley.
Adjacent land uses:
North —
South — property in all directions is zoned "T" or residential
East —
West —
The request is consistent with Comprehensive Land Use Plan policies and
zoning policies.
The request will not have a negative effect on the thoroughfare system.
The request is for a 15-foot of front setback, 5 feet less than the 20, which
is in trial stages for residential elsewhere in south and southwest Lubbock.
However, the developer is requesting a condition requiring access to a
parking pad and garage from the alley. Fifteen feet is not unprecedented in
residential, as that is the minimum permitted in the garden and town home
district.
The Planning Commission recommended approval of this ordinance
request with the following conditions:
1. Front setback for standard lots shall be no less than 15 feet.
2. Side setback for homes on corner lots shall be a minimum of 5
feet. For homes on lots adjacent to Elgin, the setback of any fence
adjacent to Elgin shall also be 5 feet.
3. Homes on corner lots adjacent to Elgin shall conform to the
prohibition of any portion of the structure in the 25-foot vision
triangle.
4. No parking pads will be permitted in the front yard of any home
unless a portion of the front yard allows placement of a 20 foot
parking pad.
5. Minimum setback on cul-de-sac lots shall be 5 feet.
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Page 455
FISCAL IMPACT:
Not Applicable.
Staff recommended approval of this ordinance.
Randy Henson, Senior Planner, gave staff comments.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00116 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(43.) Ordinance No. 2003-00117/ZONE CASE NO. 2984 (southeast corner
of 34th Street and Upland Avenue):old a s
c hearing to consider
request of Hugo Reed and Associates, Inc (forARMt ch Insurance
Services) for a zoning changefrom T to
Tatted land)out of Section 38,
and GO (4.2 acres) on 22.1 acres of un P
Block AK.
ORDINANCE NO. 2003-RO117
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2984� LATTEDNING ANGE FROM T LAND OUT OFOSECTION 3,an8
GO ZONING ON 22.1 ACRES O
BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:45 a. in. No one
appeared on behalf of Hugo Reed and Associates, Inc. (for ARMtech
Insurance Services). No one appeared in opposition. Mayor McDougal
closed the hearing at 10:46 a. in.
The proposal would zone the southeast corner of Upland and 34`h Street as
commercial, with a garden office section along 34`h to the east of the
commercial.
Adjacent land uses:
North — single family
South — vacant
East — vacant
West — vacant
The request is consistent with the current Comprehensive Land Use Plan.
The corner of 340h and Upland has been targeted for the standard
intersection commercial since the area was annexed in 1984. The area
south and east of the corner location is targeted as IDP, or industrial park,
because of the influence of the railroad. Although the commercial portion
in this request is somewhat larger than the policy ten -acre tract, the
additional acreage is in an area illustrated as IDP on the Comprehensive
Land Use Plan. With the relocation of the railroad to make way for the
Marsha Sharp Freeway, a siding area has been constructed on railroad
property south and east of this location.
The corner is an area where residential was built facing Upland and 341h
Street on two corners. Most of those homes were built before the area was
annexed in 1984. The residents of three of the homes that will be across
either 34`h or Upland from the C-3 portion of the request opposed the
request during the hearing, which is a natural response. Having a
commercial request at the corner of two future seven -lane thoroughfares
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Page 456
with existing residential just across the street should be expected to draw
Opposition.
The expectation for the long run is that commercial interests would
Purchase the homes that face Upland and 34`h Street and redevelop the
property as commercial. That thought does not set well with the existing
residents. The positive note for them at this point is that actual
development of the property would seem to be well down the road in
terms of time. To date, there has been little development activity within a
mile in any direction.
The request is consistent with zoning policies.
The request will have no more than the anticipated effect on the
thoroughfare system. Both 30 and Upland remain as two-lane strip paved
roads, but are targeted as seven lane streets by the Master Thoroughfare
Plan.
The Planning Commission recommended approval of this ordinance.
FISCAL IMPACT:
Not applicable.
Staff recommended approval of this ordinance.
Randy Henson, Senior Planner, gave staff comments.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00117 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(44.) Ordinance No. 2003-00118/ZONE CASE NO. 2871-A (Homestead
Avenue between 92"d Street and 94`h Street): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for Day Estates,
Ltd.) for a zoning change from R-1 Specific Use to R-1 Specific Use
(for garden homes with 5 foot front setbacks on cul-de-sac lots and 5
foot side setbacks on lots adjacent to 92"d Street) on 4.1 acres of
unplatted land out of Section 28, Block AK.
ORDINANCE NO.2003-00118
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2871-A; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-1 SPECIFIC USE (FOR GARDEN HOMES) ON 4.1 ACRES OF
UNPLATTED LAND OUT OF SECTION 28, BLOCK AK, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:45 a. m. No one
appeared on behalf of Hugo Reed and Associates, Inc. (for Day Estates,
Ltd.). No one appeared in opposition. Mayor McDougal closed the
hearing at 10:46 a. m.
The proposal will provide for a short cul-de-sac north of 94`h in Day
Estates to be developed as garden homes.
Adjacent land use in all directions is zoned as residential.
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policies.
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October 23, 2003
Page 457
The Planning Commission recommended approval of the request subject
to the following conditions:
1. The front setback for the lots adjacent to the cul-de-sac shall be a
minimum of five feet. Any garage portion of the structure shall be
set back twenty feet.
2. The side setback for any structure on the two lots adjacent to 92"d
Street shall be a minimum of five feet. In addition, any fence
adjacent to 92"d Street on the same two lots shall meet a setback
minimum of five feet.
FISCAL IMPACT:
Not applicable.
Staff recommended approval of this ordinance.
Randy Henson, Senior Planner, gave staff comments.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00118 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 46.
(45.) Ordinance No. 2003-00120/ZONE CASE NO. 2952-A (North of
Erskine Street and east and west of Slide Road): Hold a public
hearing to consider request of McDougal Construction Ltd. (for
Sierra Plateau, Ltd.) for a zoning change from R-1, R-2, and R-1
Specific Use to R-1 Specific Use (for single-family homes with 20-foot
front setbacks on regular lots, 5-foot front setbacks on cul-de-sac lots
and 5-foot side setbacks on corner lots adjacent to side streets) on
456.6 acres of unplatted land out of Sections 5 and 6, Block JS.
This item was considered following Item 46.
ORDINANCE NO.2003-00120
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2952-A; A ZONING CHANGE FROM R-1, R-2, AND
R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR SINGLE-FAMILY HOMES ON
456.6 ACRES OF UNPLATTED LAND OUT OF SECTION 5 AND 6, BLOCK JS,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Pro Tem Hernandez opened the public hearing at 10:50 a. m. No
one appeared on behalf of McDougal Construction Ltd. (for Sierra Plateau,
Ltd.). No one appeared in opposition. Mayor Pro Tem Hernandez closed
the hearing at 10:51 a. m.
The request has two parts, both related to single family zoning and
setback.
Adjacent land uses:
North — vacant
South — residential
East — residential
West — residential
The request is consistent with the policies of the Comprehensive Land Use
Plan and zoning.
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October 23, 2003
Page 458
Area 1: The existing zoning for garden homes is requested to be amended
by adding a reduced front setback for cul-de-sac lots and a reduced side
setback for corner lots.
Area 2: Includes the majority of the single-family residential area and
rezones an area in the southeast corner that is currently R-2. The request
will accommodate a twenty -foot setback for standard lots and a five-foot
setback for both the structure and fence on corner lots.
The area is already zoned for residential development. This process does
not create any issue related to the Master Thoroughfare Plan.
The Planning Commission recommended approval of the request with the
following conditions for the two areas:
For the existing R-1 Specific Use for garden homes parcel between North
Utica and the proposed North Vale, north of Erskine, the following
amendment shall apply:
1. Front setback for structures on lots located on a cul-de-sac shall be
a minimum of five feet, except that any garage portion of the
structure shall have a minimum of twenty-five feet of setback.
2. Side setback of structures on corner lots from the adjacent street
shall be a minimum of five (5) feet. In addition, any fence along
the side lot line adjacent to the street shall be set back a minimum
of five (5) feet.
3. For structures on corner lots adjacent to North Vale, the
twenty-five foot vision triangle shall be maintained.
For the portion currently zoned R-2 adjacent to Erskine and North Vale
and the balance of the R-I zoned area of the subdivision, the proposed R-1
Specific Use Permit shall provide for the following setback:
1. The minimum front setback for standard lots shall be twenty feet.
2. The minimum front setback for lots fronting a cul-de-sac shall be
five feet, except that any garage shall have a twenty -foot setback.
3. Side setback of structures on corner lots from the adjacent street
shall be a minimum of five feet. For lots with a side property line
adjacent to a street, any fence along the side lot line adjacent to the
street shall be set back a minimum of five feet.
FISCAL IMPACT:
Not Applicable.
Staff recommended approval of this ordinance.
Randy Henson, Senior Planner, gave staff comments.
Motion was made by Council Member Gilbreath, seconded by Council
Member Martin to pass on first reading Ordinance No. 2003-00120 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 47.
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October 23, 2003
Page 459
(46.) Ordinance No. 2003-00119/ZONE CASE NO. 2986 (8202 Zadar
Avenue): Hold a public hearing to consider request of Gary
McAllister for a zoning change from T to IHC on Lot 1, Westcom
Commercial Estates Addition.
This item was considered following Item 44.
ORDINANCE NO. 2003-00119
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2986; A ZONING CHANGE FROM T TO IHC
ZONING ON LOT 1, WESTCOM COMMERCIAL ESTATES ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:45 a. m. No one
appeared on behalf of Gary McAlister. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:46 a. m.
The request will fill in a gap for lots that were not included in a
comprehensive zone case along 82nd Street some while back.
Adjacent land uses:
North — vacant, zoned IHC
South — commercial
East — commercial
West — commercial
The request is consistent with the Comprehensive Land Use Plan and
zoning policy.
The request should not have an adverse effect on the thoroughfare system.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not Applicable.
Staff recommended approval of this ordinance.
Randy Henson, Senior Planner, gave staff comments.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00119 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 45.
(47.) Ordinance No. 2003-00121/ZONE CASE NO. 2585-B (northeast
corner of 8th Street and University Avenue): Hold a public hearing to
consider request of McDougal Construction Ltd. (for McCanton
Wood L.C.) for a zoning change from CB-2 Specific Use to CB-2
Specific Use for a branch bank facility with a motor bank on Tract
C2, Overton Park Addition.
This item was considered following Item 45.
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Regular City Council Minutes
October 23, 2003
Page 460
ORDINANCE NO. 2003-00121
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2585-B; A ZONING CHANGE FROM CB-2 SPECIFIC
USE TO CB-2 SPECIFIC USE FOR A BRANCH BANK FACILITY WITH A MOTOR
BANK ON TRACT 2C, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
Mayor Pro Tern Hernandez opened the public hearing at 10:50 a. m. No
one appeared on behalf of McDougal Construction Ltd. (for McCanton
Wood, L.C.). No one appeared in opposition. Mayor Pro Tern Hernandez
closed the hearing at 10:51 a. in.
The project is a bank facility on a pad site adjacent to the Centre at
Overton Park, a proposed mixed -use multi story facility.
Adjacent land uses:
North — commercial, vacant
South — commercial, vacant
East — commercial, location of the Centre
West — Texas Tech University
The proposed facility and site plan is consistent with the "vision" and draft
guidelines for redevelopment in the Overton area. The building will be
located close to University, with parking in the back. The proposed
building materials and site development will compliment the adjacent
redevelopment and pick up the accents of Tech architecture.
The project is consistent with the amended Comprehensive Land Use Plan
for the North Overton area and zoning policies.
The project will not have a negative effect on traffic. With only one curb
cut on University to serve the two pad sites, University traffic will be
protected to the greatest extent possible.
The Planning Commission recommended approval of the request. The site
plan will control only the private property. A developer agreement
between the adjacent landowners and the TIF will develop the plan for the
amenities in the parkway/adjacent right of way.
FISCAL IMPACT:
Not applicable.
Staff recommended approval of this ordinance.
Motion was made by Council Member Gilbreath, seconded by Council
Member Martin to pass on first reading Ordinance No. 2003-00121 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
10:52 A. M. CITY COUNCIL RECESSED
11:09 A. M. CITY COUNCIL RECONVENED
11:10 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
1:10 P. M. CITY COUNCIL RECONVENED
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Regular City Council Minutes
October 23, 2003
Page 461
All council members were present except Mayor Pro Tern Hernandez
and Council Member Boren.
The first item considered was Item 49.
ADMINISTRATIVE SERVICES
Community Services
(48.) Resolution No. 2003-R supporting the Candlelight Ceremony and
Dedication of the Lubbock Area Veterans War Memorial to be held
on November 101h and 11'h at Henry Huneke Park.
This item was deleted.
(48A.) Resolution No. 2003-RO491 authorizing the Mayor to execute a license
agreement with Mr. Eddie Dixon, Artist.
This item was considered following Item 38.
RESOLUTION NO.2003-RO491
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a License Agreement by and between
the City of Lubbock and Eddie Dixon of Lubbock, Texas, for use of the former fire
station located at 2202 Avenue X, and all related documents. Said License 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 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Harlan Stauffer
Harlan Stauffer, Facilities Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the License Agreement is filed with Resolution No. 2003-R0491.
This action is being taken to license the former Fire Station, located on
Park Property at 2201 Avenue X, to Mr. Eddie Dixon, Artist, in response
to the City of Lubbock Council direction to either lease City of Lubbock
owned facilities at fair market value or to transfer ownership of the
facility. The facility at 2201 Avenue X was used by the American Red
Cross, Lubbock County Chapter, over the period of September 1984 until
it was vacated in July 2003.
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October 23, 2003
Page 462
The license agreement conveys the property to the Artist to perform certain
services and/or functions regarding art sculpting and art display activities.
It is the belief of the City of Lubbock and the Artist that the activities will
provide recreational and educational activities and opportunities to the
youth of the City of Lubbock.
Property (including any improvements) is located at 2201 Avenue X,
Lubbock, Texas 79411. The legal description is: the south thirty feet of
Lots 10, 11, and 12 and all of Lots 13, 14, and 15, Block 57,
McCrummens Second Addition to the City of Lubbock, Lubbock County,
Texas.
The term of this agreement shall be 10 years beginning on the date of the
execution of this agreement by the City of Lubbock. The term of the
agreement contains an option to extend the term of the agreement for five
successive option periods of one year each.
In consideration for the granting of this agreement, Artist shall design,
construct and deliver to the City, on or before January 1, 2007, for its use
at a location of its choice, one sculpture production item (the "Production
Item") comparable in value to the "Knight of the Llano Estacado"
currently on display at the City's Civic Center, depicting an historical
event, person(s), or place(s).
Artist shall consult with the City and Civic Lubbock, Inc. in the planning
and preparations of the Production Item, including, without limitation, the
subject of the Production Item and the location of the placement of the
Production Item upon completion.
In addition to the Artist providing the design and construction services for
the Production Item, Civic Lubbock, Inc. shall pay the necessary casting
fees for the Production Item up to a maximum amount of $40,000.
FISCAL IMPACT:
Previously, 2201 Avenue X was leased to the American Red Cross,
Lubbock County Chapter for $1,428 per year. The dollar impact to
Facilities Management revenues will be minimal.
The estimated value of the Artist services for the Sculpture Production
Item will equate to a rental rate of $500 to $600 per month over the
10-year lease.
Staff recommended approval of this resolution.
Harlan Stauffer, Facilities Manager, gave staff comments.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to pass Resolution No. 2003-R0491 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 50.
Human Resources
This was the first item considered after City Council reconvened at
1:10 P. M.
(49.) Resolution No. 2003-R0494 to authorize the Mayor to execute a
contract by the City of Lubbock and an organization to provide a
group health plan and flexible spending account administration.
This item was considered following Item 47.
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Regular City Council Minutes
October 23, 2003
Page 463
RESOLUTION NO.2003-RO494
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to accept for and on behalf of the City of Lubbock the health insurance proposal
issued by ICON Benefits Administrators II, L.P. and hereby directs the City staff to
pursue negotiations with ICON Benefits Administrators II, L.P., and it affiliates, to
effectuate the necessary contracts and agreements to provide adequate health insurance
coverage for the employees and participants in the City of Lubbock's health insurance
plan, provided that such contracts and agreements are consistent with and pursuant to the
directions given by the City Council as outlined in the minutes of this Council meeting,
with said minutes of this Council constituting and being a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 23rd day of October, 2003.
/s/ Marc McDougal
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ William de Haas
William de Haas,
Contract Manager
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade
Natural Resources Attorney
The City of Lubbock provides medical and dental insurance for all full-
time City of Lubbock employees. Employees have the option to purchase
medical and dental insurance for eligible dependents. Retired City of
Lubbock employees are allowed to retain medical coverage for themselves
and eligible dependents. The insurance committee is proposing that dental
insurance be added to the retiree insurance package effective January 1,
2004. The health insurance plan has been provided by Blue Cross Blue
Shield of Texas (BCBSTX) since December 1, 1999.
The City also offers two flexible spending accounts for all eligible
employees. The medical reimbursement account and dependent care
accounts are currently administered by CBCA Administrators.
A Request for Proposal (RFP) for the health insurance program and flex
administration was announced on August 8, 2003. The proposal requested
pricing for a Minimum Premium plan and/or an Administrative Service
Only (ASO) plan. The proposal requested reinsurance coverage with an
individual claims cap of $150,000 annually.
Fourteen proposals were received. The respondents submitting a package
for the medical, dental, prescription and flex administration were:
Blue Cross Blue Shield of Texas
FirstCare
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Regular City Council Minutes
October 23, 2003
Page 464
ICON Benefit Administrators
TML
The City received three dental only proposals from:
Humana Dental
National Pacific Dental Insurance
United Concordia
Three proposals were received from prescription benefit managers:
Eckerd Health Services
Scott & White HP Pharmacy
Walgreen Health Initiatives
Four flex administrators responded to the RFP:
CBCA Administrators
Complink
Leggette Actuaries
The EPOCH Group
A Committee consisting of four City employees, one City retiree, and
three citizens not affiliated with the City reviewed the RFP results. The
Committee decided based on pricing, discounts, financial stability, and
networks that the top three proposals were as follows:
Blue Cross — Minimum Premium Contract
Blue Cross — ASO Contract
ICON — ASO Contract
On October 7, 2003, both vendors made presentations to the Committee
and the Committee members were given the opportunity to ask the
vendors questions concerning their proposals.
The Committee met to discuss the information presented in the
presentations, and unanimously determined that a final decision could not
be made until further information was obtained concerning the discount
contracts. It was determined that Bill de Haas would meet with ICON
representatives to obtain the necessary information. Mr. de Haas also
requested a "best and final offer" from Blue Cross.
FISCAL IMPACT:
None at this time.
Staff recommended B1ueCross B1ueShield of Texas Minimum Premium
Plan (MPP).
Quincy White, Assistant City Manager, gave staff comments. Mr. White
also introduced members of the Committee who helped make the above
recommendation as follows: Willie Watson, former City employee; Jessica
Jordan, who was employed as the Benefits Manager with Alamosa; Julie
Cunningham, Benefits Manager with United Supermarkets; Scott Snider,
City of Lubbock Human Resources Director; Lou Moore, City of Lubbock
Benefits Coordinator; and Bill de Haas, City of Lubbock Contracts
Manager. Dr. Tim West, Chief of Staff of Covenant Hospitals, was not
present.
Mayor Pro Tem Hernandez arrived at 1:40 P. M.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass Resolution No. 2003-R0494 and award the
contract to ICON Benefit Administrators. Motion carried: 4 Yeas, 2 Nays.
Mayor Pro Tern Hernandez and Council Member Patterson voted Nay.
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October 23, 2003
Page 465
Council Member Boren recused himself.
2:10 P. M. CITY COUNCIL RECESSED TO WORK SESSION
The first item considered was Item 56A.
PLANNING AND TRANSPORTATION
Business and Neighborhood Development
(50.) Resolution No. 2003-RO492 an order to approve the method of
assessment classification for the North Overton Public Improvement
District (PID) and calling for a Public Hearing on November 17, 2003.
This item was considered following Item 48A.
RESOLUTION NO.2003-RO492
RESOLUTION AND ORDER
WHEREAS, the City of Lubbock in Resolution 2003-RO468 has authorized the
creation of the North Overton Public Improvement District pursuant to the Texas Public
Improvement District Assessment Act; and
WHEREAS, the City desires to apportion the cost of improvements and services
to be assessed against the property in the improvement district on the basis of special
benefits accruing to the property because of the improvements or services and to establish
the methods of assessing the special benefits for various classes of property; and
WHEREAS, the City of Lubbock desires to schedule a public hearing in
accordance with Section 372.016 of the Texas Local Government Code to consider the
proposed assessments for services enhancing security and public safety, providing
maintenance of landscaping in the public rights -of -way, and providing public trolley
service, all in accordance with the Act; NOW, THEREFORE,
BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1: THAT the Service Plan which contains an Assessment Plan for the
North Overton Public Improvement District is hereby approved by the City Council of the
City of Lubbock. Said Plan is attached as Exhibit "A" and incorporated herein as if fully
set forth; and
SECTION 2: THAT City staff is hereby directed to prepare a proposed
Assessment Roll stating the assessment against each parcel of land in the district as
determined by the Assessment Plan; to file the proposed assessment roll with the City
Secretary; and to make the proposed assessment roll available for public inspection; and
SECTION 3: THAT a public hearing is hereby scheduled at 11 am, Thursday,
November, 2003, in the City Council Chambers, 1625 13th Street, Lubbock, Texas, to
consider the proposed assessments and receive public comment; and
SECTION 4: THAT notice of said hearing shall be published in a newspaper of
general circulation in the city before the tenth day before the date of the hearing as
required by state law; and
SECTION 5: THAT the notice shall contain the date, time and place of the
hearing; the general nature of the improvements and services; the cost of the
improvements and services; the boundaries of the assessment district; and a statement
that written or oral objections will be considered at the hearing; and
SECTION 6: THAT when the assessment roll is filed, the City staff is directed to
mail to the last known address of each property owner liable for assessment (as reflected
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Regular City Council Minutes
October 23, 2003
Page 466
on the tax rolls) a notice of the hearing containing, at a minimum, the information
contained in the published notice.
Passed by the City Council this 23rd day of October, 2003.
/S/ T.J. PATTERSON
T.J. PATTERSON, SENIOR COUNCIL MEMBER
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/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Exhibit "A" is filed with Resolution No. 2003-R0492.
After a public hearing, the City Council approved the Creation Resolution
establishing the North Overton Public Improvement District in the October
9, 2003 Council meeting. Publication of the Creation Resolution will be in
the Avalanche Journal on October 19, 2003 as per requirement of the
statute.
The next step in the PID establishment process is to consider a resolution
approving the classification(s) regarding the method of assessment and to
call a public hearing to consider an ordinance to levy the assessment. The
resolution and classifications for the method of assessment are attached. A
proposed list of property owners, addresses, valuations, assessment rates,
and assessments will be available for review by the public in the Business
and Neighborhood Department, City Hall, by October 23, 2003.
FISCAL IMPACT:
Staff time is required to facilitate the PID process. The intent of this PID
is to provide additional services at no increased cost to the City.
Staff recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Morrison to pass Resolution No. 2003-RO492 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal and Mayor Pro Tern Hernandez recused themselves.
The next item considered was Item 51.
(51.) Resolution No. 2003-RO493 authorizing the Mayor to execute an
agreement with the City of Wolfforth to apportion areas of
overlapping extraterritorial jurisdiction between the City of Lubbock
and the City of Wolfforth.
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Regular City Council Minutes
October 23, 2003
Page 467
This item was considered following Item 50.
RESOLUTION NO.2003-RO493
WHEREAS, the City of Lubbock, Texas, and the City of Wolfforth, Texas, desire
to apportion the overlapped extraterritorial jurisdiction between the two municipalities in
accordance with Subchapter B of Chapter 42 of the Local Government Code; and
WHEREAS, the City of Lubbock and the City of Wolfforth desire to replace the
existing extraterritorial jurisdiction agreement executed August 27, 1998, between the
two cities with a new extraterritorial jurisdiction agreement; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. 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 with the City of Wolfforth to apportion areas of overlapping extraterritorial
jurisdiction between the City of Lubbock and the City of Wolfforth, which Agreement is
attached hereto and which shall constitute and be a part of this Resolution as if fully
copied herein in detail.
SECTION 2. THAT the extraterritorial apportionment Agreement heretofore
executed by the City of Lubbock and the City of Wolfforth on August 27, 1998, by
Resolution Number 5982, shall be superseded by the Agreement attached hereto and the
prior agreement shall be of no further force and effect upon execution of the attached
Agreement.
Passed by the City Council this 23rd day of October, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Director of Planning
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
A copy of the Agreement is filed with Resolution No. 2003-R0493.
• Every city in the state of Texas has a "rolling Extra -Territorial
Jurisdiction (ETJ)" (1/2 to 5 miles) which expands outward each
time additional areas are annexed until the ETJ meets the
jurisdiction of another city. A city has the sole right in its ETJ to
enforce its subdivision codes to make sure future development is
acceptable and to annex those areas in the future. State law allows
for a contract between the cities to apportion any overlapped
area(s).
• The City of Lubbock's five mile ETJ completely encompasses the
Wolfforth one-half mile ETJ. A 1985 agreement with Wolfforth
gave them ETJ rights to more than the statutory half -mile, in an
effort to assure the City of Wolfforth that they would have a
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October 23, 2003
Page 468
"window of growth" to the west and southwest. Alcove, FM 1595
(130`h Street) and the half section line between 661h and 82"d were
the lines in the 1985 agreement.
• A developer sued Wolfforth over the 1985 agreement, because
Wolfforth tried to exert subdivision regulation within the contract
boundary, but outside the half -mile allowed for towns less than
5,000. A Lubbock district court decision voided the 1985 contract.
• The 1998 contract established Alcove as the east boundary of the
Wolfforth ETJ and allowed them to increase their '/z mile into our
ETJ as determined by future annexations. Effectively all of the
territory west of Alcove outside our City limits could be annexed
by Wolfforth.
• The annexation of the south half of Preston Manor by Wolfforth in
July extended their ETJ to 66`b Street.
• It is in the best interest of both cities to better define the limits of
the Wolfforth's "rolling '/z mile ETJ." The attached agreement
would limit their potential ETJ to 66`h Street on the north and 130t'
on the south. Alcove would remain the east boundary.
• The "1/2 mile rolling ETJ" expansion potential would remain to
the west. The Lubbock ETJ control would remain to prevent
substandard development until such time as the Wolfforth
annexations extended their ETJ control. The City of Lubbock
would forego their annexation rights to this area in the future.
• This is essentially the same area as agreed to by Council in 1985,
except the '/z mile expansion to 66`h Street includes their new ETJ.
FISCAL IMPACT:
While there may be some long-term tax revenues if staff had annexed
these areas, the initial cost to serve these areas with capital improvements
and the long term operating expenses such as police and fire should more
than offset any lost revenues.
Staff recommended approval of this resolution.
Craig Farmer, Managing Director of Planning & Transportation, gave staff
comments. He also introduced Mayor Childers of Wolfforth.
Motion was made by Council Member Hernandez, seconded by Council
Member Gilbreath to pass Resolution No. 2003-RO493 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 52.
PUBLIC WORKS
Water Utilities
(52.) Resolution No. 2003-R authorizing the Mayor to execute an
agreement between the Canadian River Municipal Water Authority,
the City of Lubbock, the City of Slaton, and the City of Wolfforth for
processing and delivering water.
This item was considered following Item 51.
This item was continued.
Regular City Council Minutes
October 23, 2003
Page 469
The City of Slaton, having a surplus of water, and the City of Wolfforth,
desiring to supplement its water supply, have developed an interlocal
agreement for the purchase and sale of water between them that is
contingent on this agreement that the City of Lubbock process and deliver
the water. Since all the water provided to the City of Slaton by the
Canadian River Municipal Water Authority (CRMWA) is treated by, and
passes through, the City of Lubbock water treatment plant, the simplest
and most economical way to deliver the water from Slaton to Wolfforth is
via the City of Lubbock water distribution system. This agreement
provides the terms and conditions necessary to do this. Lubbock is part of
a similar agreement with the City of New Deal.
In this agreement Lubbock would deliver up to 50 million gallons of water
from Slaton to Wolfforth annually. Wolfforth would pay to Lubbock the
sum of Lubbock's budgeted cost, per thousand gallons, for delivery of the
water to Wolfforth, as calculated annually by Lubbock, plus a portion of
Lubbock's budgeted cost, per thousand gallons, for infrastructure capital
improvements and maintenance of the delivery system, as calculated
annually by Lubbock, plus the monthly base rate charge based on meter
size as set forth in Lubbock's Code of Ordinances.
The budgeted cost for the 2002-2003 fiscal year is $0.51 per thousand
gallons. It is calculated using an appropriate percentage of related Water
Utilities annual budgeted operation expenses divided by Lubbock's annual
water consumption in thousand gallons. The operation expenses used in
this calculation include 60% of administration, 60% of engineering, 100%
of metering and customer service, 60% of equipment maintenance, 60% of
pipeline maintenance, 100% of pumping and control, 33% of collections,
and 100% of indirect cost allocation expenses.
Water treatment expenses are not included because these costs will
continue to be billed to the City of Slaton under a preexisting agreement.
The City of Slaton will recover these costs from the City of Wolfforth.
The budgeted cost of Wolfforth's appropriate portion of infrastructure
capital improvements and maintenance for the same fiscal year is $0.03
per thousand gallons for installing the necessary infrastructure to supply
the water. This component is based on the water system capital
improvement cost associated with the recently annexed area of southwest
Lubbock.
The monthly base rate charge based on meter size for this fiscal year
(2002-2003) is $649.44 per month.
The point of service is at 901h Street and Alcove Avenue, one-half mile
west of Lubbock's existing water lines. Extending the water line west
along 82"d Street to Alcove Avenue then south on Alcove Avenue to 90`h
Street might benefit Lubbock by allowing construction of a water grid in
this area within the Lubbock city limits to supply water for future growth.
The total estimated cost of the line extension is $150,000. The City of
Wolfforth will fund $75,000, and the City of Lubbock will fund $75,000.
Lubbock's portion covers the pipeline construction within the Lubbock
city limits only.
FISCAL IMPACT:
The immediate impact would be an expenditure of $75,000 for the
pipeline extension within the Lubbock city limits. Using the expected rate
charges, a maximum amount of $35,027 would be paid to Lubbock during
the next fiscal year. This amount would basically cover expenses and
provide no significant revenue to Lubbock.
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Page 470
Staff presented this contract for City Council consideration.
Terry Ellerbrook, Director of Water Utilities, answered questions for the
City Council.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass this item as recommended by staff.
Council Member Gilbreath complimented Council Member Martin on
getting the entities together.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to continue Item 52 to allow the Water Commission to
consider this and report back to City Council a recommendation by the
second meeting in December. Motion carried: 5 Yeas, 2 Nays. Mayor
McDougal and Council Member Martin voted Nay.
The next items considered were Items 53-55.
(53.) Consider two appointments to the Health/Educational Facilities
Development Corporation.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to appoint Neriman Guven and Carolyn Thompson to the
Health/Educational Facilities Development Corporation. Motion carried:
7 Yeas, 0 Nays.
(54.) Consider one appointment to the Appointments Advisory Board
Motion was made by Council Member Morrison, seconded by Council
Member Martin to appoint Louise Cummins to the Appointments
Advisory Board. Motion carried: 7 Yeas, 0 Nays.
(55.) Consider one appointment to the Public Transit Advisory Board
Motion was made by Council Member Morrison, seconded by Council
Member Martin to appoint Louise Hudson -Wilson to the Public Transit
Advisory Board. Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 39, 40, 41, 42, 43, 44 and 46.
(56.) Presentation of an end of fiscal year report from the Interim City
Manager. Tommy Gonzalez.
This item was deleted.
(56A.) Presentation from Parkhill, Smith & Cooper, Inc. in regards to the
Design Standards for improvements in the Sam Wahl Recreational
Area, Lake Alan Henry. Randy Truesdell, Community Services
Director.
This was the first item considered in Work Session and after Item 49
Regular Session.
On May 22, 2003, the City Council approved an agreement with Parkhill,
Smith & Cooper, Inc. to design of the improvements in the Sam Wahl
Recreational Area, Lake Alan Henry. The contract included developing
the Design Guidelines for the improvements. The Design Guidelines will
depict a consistent vision or style for current and future development of
the Sam Wahl Recreation Area. Recommended site planning guidelines
include building styles, volumes, massings, materials, products, signage
and parking ratios.
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Regular City Council Minutes
October 23, 2003
Page 471
Parkhill, Smith & Cooper, Inc. presented the concepts for the Design
Guidelines. The Lake Alan Henry Working Group has reviewed the
Design Guidelines. The Parks and Recreation Advisory Board will
consider the Design Guidelines on October 151h. Upon consensus of the
City Council, the Design Guidelines will be developed for consideration
by City Council.
FISCAL IMPACT:
Not Applicable.
Randy Truesdell, Community Services Director, recognized Grey Lewis
and Jerry Ramirez, who are members of the Parks and Recreation
Advisory Board.
Mr. Truesdell also introduced Mary Crites and Chad Davis, who are
employees of Parkhill, Smith & Cooper, Inc. Ms. Crites and Mr. Davis
each made a presentation concerning the architecture for the improvements
in the Sam Wahl Recreational Area, Lake Alan Henry.
(57.) Presentation of the monthly financial reports for the month ending
August 2003. Jeff Snyder, Chief Accountant.
(58.) Presentation of fourth quarter and annual investment report. Andy
Burcham, Cash and Debt Manager.
(59.) Presentation of the final concept for Pump Station 10 screening wall
located at 82°a and Memphis. Chester Carthel, Chief Water Utilities
Engineer.
This item was deleted.
(60.) Discuss the City of Lubbock's Federal legislative services. Bob
Goodwin, Corporate Communications Manager.
This item was deleted.
3:00 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, the meeting
adjourned.
Read and approved this L day of , 2
MARC M(X"LJGAL, MAYOR
ATTEST:
�a 0 Le"� ,—
Reb cca Garza., City Secretary
471