HomeMy WebLinkAboutMinutes - City Council - Regular - 3/23/2004REGULAR CITY COUNCIL MEETING
MARCH 23, 2004
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 23rd
day of March, 2004, 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 Tern T. J. Patterson, Council
Member Gary O. Boren, Council Member Jim Gilbreath, Council
Member Tom Martin, Council Member Frank W. Morrison
Absent: Council Member Victor Hernandez
CITIZEN COMMENTS
The following citizens expressed comments to the Council.
( 1.) Matityahu (Matthew) Cevin had requested to address the decibel
levels allowed at entertainment establishments serving alcohol within
the City of Lubbock.
This item was deleted. Mr. Cevin did not appear.
The next item considered was Item 3.
(2.) Ruella Johnson addressed concerns with the Ponderosa Apartments.
This item was considered following Item 3.
(3.) William J. Phillips addressed concerns with the Ponderosa
Apartments.
The next item considered was Item 2.
Rob Allison, Manager of Business and Neighborhood Development,
answered questions from Council regarding items 2 and 3. Mr. Allison
stated that the Codes staff put together a group of representatives from
City departments, who made an inspection of the project. After all reports
are received, Codes will make a presentation to the Structural Standards
Commission on April 13, 2004 at 1:30 p.m. After that hearing, an order
can be given, which is usually a 30-day repair, remove or demolish,
depending on the presentation given by the owner of the property. Failure
to comply will result in tickets and/or demolition.
Council Member Martin asked for a backlog of substandard structures and
how much it would cost to demolish them. Mr. Allison stated there were
35-40 structures ready for demolition, which would cost in the
neighborhood of $125,000.
Council Member Martin asked Nancy Haney, Community Development
Director, if the reallocation of funds, on today's agenda, could not be used
for demolition of substandard structures. Ms. Haney stated that the Legal
Department had advised that it would take more money using these funds,
because you would have to pay relocation to anyone living in any of those
structures.
Council Member Patterson asked for Mr. Allison to provide him with the
locations of the abovementioned structures. He also asked Police Chief
Claude Jones about drug activity at the Ponderosa.
EXECUTIVE SESSION
Mayor McDougal stated: "City Council will hold an Executive Session
today for the purpose of consulting with the City Staff with respect to
pending or contemplated litigation; the purchase, exchange, lease or
value of real property; personnel; competitive matters of the public
power utility; and to review certified agenda from the prior executive
Regular City Council Meeting
March 23, 2004
Page 238
session as provided by Subchapter D of Chapter 551 of the
Government Code, the Open Meetings Law."
7:54 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except Council Member Hernandez
(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 (Electric Utilities; North Overton; Water Utilities).
(4A.) 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 (North Overton).
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; Fire Chief; Police Chief) and take
appropriate action.
(6.) 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:
Zoning Board of Adjustment
Animal Shelter Advisory Committee
Board of Health
Deleted: Keep Lubboek Beautiful Advisory Committee
Lubbock Water and Sewer Rate Review Committee
Park and Recreation Board
(7.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light; and
to discuss and deliberate a competitive matter regarding
operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans
and studies of Lubbock Power and Light.
(8.) 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).
9:52 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
(9.) Presentation by the American Cowboy Culture Association, Inc.
requesting funding from Hotel Occupancy Tax for the 16th Annual
National Cowboy Symposium & Celebration and National
Championship Chuck Wagon Cook -Off to be held on September 9-12,
2004. Alvin G. Davis, President of the American Cowboy Culture
Association, Inc.
The next item considered was Item 12.
(10.) Presentation by Tim Gragson regarding the restrictive easement at
Lake Alan Henry. Tim Gragson, Lake Alan Henry resident.
This item was deleted.
(11.) Presentation regarding prioritization of park improvements and
potential funding sources. Corbin Pemberton, Director of Park and
Recreation.
This item was considered following Item 69.
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Page 239
Due to budget constraints, the Park and Recreation Department received
no capital project funding for park improvements in the FY 2003-04
budget. However, there are a number of important park projects that need
to be addressed as soon as funding becomes available. Currently, there is
approximately $300,000 in unallocated bond interest that the City Council
could allocate to park improvements.
Park staff has reviewed input from neighborhood associations, safety
concerns and potential partnerships that are time sensitive in order to
develop recommendations for priorities. These recommendations are over
and above the list of priorities that the City Council has approved for the
upcoming bond election.
Projects with a partnership component include the Remington Park playa
lake area, as well as a new covered picnic pavilion at Maxey Park.
Projects as identified by the neighborhood associations include
development of a new park in the vicinity of 98`h Street and Frankford
Avenue, as well as reestablishing a walking trail on the north side of
Dunbar Historic Lake. In addition to these projects, staff is recommending
that funding for three playground renovations be established to eliminate
liabilities at Miller Park (if bond election does not pass), Woods Park, and
Rawlings Park (Hinojosa Park if Miller Park is funded through the bond
election).
FISCAL IMPACT:
None at this time.
Corbin Pemberton, Director of Parks and Recreation, gave the
presentation.
This was the last item considered, and Council adjourned at 3:30 p.m.
(12.) Discuss the paving of Milwaukee Avenue from 341h Street to 981h
Street. Craig Farmer, Managing Director of Planning and
Transportation.
This item was considered following Item 9.
1. Concept of paving thoroughfares earlier in the development stage.
2. Necessity of accelerating the construction of this major
thoroughfare street due to the Marsha Sharp Freeway project.
3. Current opportunity of developer, and adjacent landowner,
participation in the right-of-way dedication and up front cost of the
paving improvements.
4. Alternatives of funding the thoroughfare -paving project.
5. Direct staff to initiate design of the project.
Craig Farmer, Managing Director of Planning and Transportation, gave
the presentation.
Mayor McDougal suggested moving forward with next year's budget, as
we are looking at 20 years of road construction.
City Manager Lou Fox stated that he would work on this.
Council Member Martin stated that he saw about a six-month window to
make this work and suggested that a resolution be brought back to council.
Burl Masters, Master & Associates, asked that the infrastructure not be
forgotten.
10:32 A. M. WORK SESSION RECESSED
10:43 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
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Regular City Council Meeting
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Page 240
Present: Mayor Marc McDougal, Mayor Pro Tem T. J. Patterson, Council
Member Gary O. Boren, Council Member Jim Gilbreath, Council
Member Tom Martin, Council Member Frank W. Morrison; Lou
Fox, City Manager; Anita Burgess, City Attorney; Rebecca Garza,
City Secretary; and Richard Casner, First Assistant City Attorney
Absent: Council Member Hernandez
Mayor McDougal called the meeting to order at 10:43 A. M.
(13.) Invocation by Reverend Margaret Austin, Rector of St. Stephen's
Episcopal Church.
(14.) 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
Housing Authority
Receiving: Anthony Gonzalez (unable to attend)
Appointments Advisory Board
Receiving: Sue Clary (unable to attend)
Board of Health
Receiving: Dr. Ted Hartman
Park and Recreation Board
Receiving: Cray Pickering
Youth Commission
Receiving: ReJeanne Sylvester (unable to attend)
CITIZENS APPEARANCES
The next items considered were Item 17-19.
(15.) Presentation of a Special Recognition to the Martin Luther King, Jr.
Commemorative Council for their efforts in making the Martin
Luther King, Jr. Memorial a reality for the people of Lubbock.
This item was deleted.
(16.) Presentation of a Special Recognition regarding the 5'h Annual Cesar
Chavez Day.
This item was considered following Item 19.
The 5th Annual Cesar Chavez Day will be held on April 4, 2004. The
annual event is organized by the United People for the Betterment of the
Llano Estacado and will include a march honoring the accomplishments of
Cesar Chavez.
Council Member Patterson made the presentation. Those in attendance to
receive the presentation included Irma Guerra and Linda DeLeon.
The next item considered was Item 59.
Items 17-19 were considered following Board Appointments
Recognition.
(17.) Presentation of a Proclamation to the American Business Club (ABC)
Rodeo.
The American Business Club Rodeo is an annual event in which money is
raised to benefit the Lubbock Boys and Girls Clubs. This proclamation
proclaimed April 1st thru April P as the ABC Rodeo Days. Those present
to receive the proclamation were: Tom Baker, Chair of the 2004 Rodeo
Days; Chelsi Dickerson, 2004 ABC Rodeo Queen; and Tatum Cagle, 2004
ABC Princess.
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(18.) Presentation of a Special Recognition of Calvin Thomas and Karl
Morris for assisting Sergeant Mike Steen in apprehending a fleeing
suspect.
On March 10, 2004, Sergeant Mike Steen was in pursuit of a fleeing
suspect. Mr. Thomas and Mr. Morris recognized the suspect was trying to
flee and helped Sergeant Mike Steen apprehend the suspect without
causing injury or property damage.
Council Member Martin assisted the Mayor in this presentation. Sergeant
Steen, Mr. Thomas and Mr. Morris were all present.
(19.) Presentation of a Special Recognition to the Lubbock High School
Future Business Leaders of America who recently won first place in a
state competition for the community service project.
The Lubbock High School Future Business Leaders of America recently
won first place in a state competition for their community service project
regarding the No Child Left Behind initiative. These students will
compete in July for the National title.
The next item considered was Item 16.
CONSENT AGENDA (Items 20-22, 26-37, 39, 41-45)
Consent Agenda was considered following Item 59.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to approve Items 20-22, 26-37, 39, 41-45 on consent
agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(20.) Approval of Minutes: March 4, 2004
Regular City Council Meeting
(21.) ORDINANCE NO. 2004-00034: Ordinance amending City Code of
Ordinances, Section 19-1 to prohibit the riding of horses on parkland
other than in designated areas (second and final reading).
ORDINANCE NO.2004-00034
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
UNLAWFUL ACTIVITIES WITHIN PARKS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The current City's Code of Ordinances prohibits the riding of bicycles,
motorbikes, or motor scooters in a park unless the area is designated for
such use. This proposed amendment would include the restriction of
riding or leading horses in any park except in areas designated for such an
activity. Some concerns have been expressed to staff in regards to horses
being ridden in areas that create a conflict with other park users. The
amendment of this ordinance would limit horse riding to areas that are
designated for riding horses. This amendment would not restrict the
police from patrolling or riding horses in the parks.
In January 2004, the Park and Recreation Advisory Board recommended
that an equestrian trail be designated. On February 19, 2004, the City
Council passed a resolution officially designating an equestrian trail.
FISCAL IMPACT:
To post appropriate signage will cost $500. Funds are available in
Account Number 5221.8264 for this item.
During the February 24, 2004 meeting of the Park and Recreation
Advisory Board, the Board recommended that the City Council amend
City Code of Ordinances, Section 19-1 to prohibit the riding of horses on
parkland, other than where designated.
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(22.) ORDINANCE NO. 2004-00033 (10001 Indiana Avenue): Ordinance
abandoning and closing a 20 foot underground utility easement
located in Section 19, Block E-2, Lubbock County, Texas (second and
final reading).
ORDINANCE NO.2004-00033
AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT
UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 19, BLOCK E-2,
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.
The next items considered were Items 26-37.
(23.) Resolution No. 2004-R authorizing the Mayor to approve
construing the boundaries of the City's restrictive easement at Lake
Alan Henry.
This item was deleted.
Items 24-25 were moved from consent agenda to regular agenda and
were considered following Item 45.
(24.) Resolution No. 2004-RO153 authorizing the Mayor to execute an
Amendment to the Technical Currency Agreement, dated August 12,
1999, with Indus International, Inc. for Utility Billing software
maintenance.
RESOLUTION NO. 2004-RO153
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to Technical
Currency Agreement by and between the City of Lubbock and Indus International, Inc.,
amending the Technical Currency Agreement with Teldata, Inc. dated August 12, 1999.
Said Amendment to Technical Currency Agreement is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the Minutes of the
City Council.
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood,
Director of Information Technology
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney/
Office Practice Section
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A copy of the Amendment is filed with Resolution No. 2004-R0153.
Lubbock Power & Light (LP&L) and Water Utilities purchased the Indus
(formerly known as SCT) Banner system in 1999 and went live with its
operation in 2001. The product provides Utility Billing and Customer
Information for all of the City's utilities. During the time since the original
purchase, major enhancements have been made to the product, which in
turn, enhance the Billing and Customer Service department's capabilities
with the system.
This agreement amends the original Maintenance Agreement by removing
an unused marketing module and adding a data extraction module. All
other aspects of the original agreement remain in effect.
FISCAL IMPACT:
Annual maintenance is agreed to cost $144,412.21 for 2003-2004, and
$151,864.05 for 2004-2005. This Amendment also provides for a
negotiated one-time credit of $40,167.62 to be applied to the final
payment of the original contract.
Staff recommended approval of this resolution.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass Resolution No. 2004-R0153 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
(25.) Resolution No. 2004-R0154 authorizing the Mayor to execute an
Amendment to the Software License and Services Agreement dated
August 12, 1999, with Indus International, Inc. for Utility Billing
software migration.
RESOLUTION NO. 2004-R0154
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to Software
License and Service Agreement by and between the City of Lubbock and Indus
International, Inc., amending the Software License and Service Agreement with Teldata,
Inc. dated August 12, 1999. Said Amendment to Software License and Service
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the Minutes of the City Council.
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
_ /s/ Mark Yearwood
Mark Yearwood,
Director of Information Technology
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney/
Office Practice Section
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Page 244
A copy of the Amendment is filed with Resolution No. 2004-RO154.
Lubbock Power & Light (LP&L) and Water Utilities purchased the Indus
(formerly known as SCT) Banner system in 1999 and went live with its
operation in 2001. The product provides utility billing and customer
information for all of the City's utilities. During the time since the original
purchase, major enhancements have been made to the product, which in
turn will enhance the Billing and Customer Service department's
capabilities with the system.
City and Indus personnel worked together in 2003 to identify the scope of
work for the project, which is expected to last approximately eight
months. Upon completion, the City will have access to the latest
technology offered by Indus, including the ability to take Utility payments
via the Internet.
FISCAL IMPACT:
The cost of the migration is approximately $407,805, and is inclusive of a
"Time & Materials" component, which is agreed not to exceed $41,580.
Funding for this migration is available in an approved capital project.
Staff recommended approval of this resolution.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass Resolution No. 2004-RO154 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
The next item considered was Item 38.
Items 26-37 were considered following Item 22.
(26.) Resolution No. 2004-RO133 Authorizing the Mayor to execute a
Community Development Funding Contract, and all related
documents, between the City of Lubbock and the Windmill
Neighborhood Association from the Community Development Block
Grant.
RESOLUTION NO. 2004-RO133
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Community Development
Funding Agreement, by and between the City of Lubbock and Windmill Neighborhood
Association, and all related documents. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Hance
Nancy Haney, Community DevelopmentDirector
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
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Page 245
A copy of the Agreement is filed with Resolution No. 2004-R0133.
Grantee: Windmill Neighborhood Association
Program: Windmill Computer Literacy Program
FundingSource: 2003-2004 Community Development Block Grant
Use of Funds: This program will provide funds to be used to offer a
computer literacy program that will be held in the Hunt Elementary
building. The program will target senior citizens and children.
Amount: $12,850
Match: 25%
Return of Investment: Not required for Community Development Public
Service.
Terms: March 23, 2004 through September 30, 2004
Comments: Funding for this Contract was approved by City Council at
the June 12, 2003 City Council meeting. The contract is available for
review in the City Secretary's Office.
FISCAL IMPACT:
There is no fiscal impact on the general fund involved with this project or
contract. The funds used are Federal funds from the Community
Development Block Grant.
Community Development recommended approval of this resolution.
(27.) Resolution No. 2004-RO134 Authorizing the Mayor to execute Change
Order Number 1 to Contract 122-03/BM for the relocation of two
24-inch water supply lines for the Marsha Sharp Freeway Project.
RESOLUTION NO. 2004-RO134
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 Change Order No. 1 to a Contract
(Bid No. ITB#122-03 BM) with D & D Cable Services LTD., to cover the expenses
incurred by D & D Cable Services LTD. for additional quantities of work caused due to
alignment changes on the Marsha Sharp Freeway made by the Texas Department of
Transportation after this project was awarded. A copy of said Change Order No. 1 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Water Planning Engineer
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner, First Assistant City Attorney
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Page 246
A copy of Change Order No. 1 is filed with Resolution No. 2004-RO134.
This change to the contract between the City and D&D Cable Services
LTD is the result of changes made by the Texas Department of
Transportation to the alignment of sound walls and storm sewers for the
Marsha Sharp Freeway Project. These specific changes occurred mostly
in the Toledo to Raleigh Avenue area. The change in alignment results in
changes to the quantities bid in the contract and additions to the contract
as outlined in the itemized back up information attached. As indicated on
the Change Order document, the net result of the change is $64,969.31,
which is 7.2% of the original contract.
FISCAL IMPACT:
These funds will come from Capital Project Fund 9742.9241 with
$3,400,000 being available in this project account. This change will
require $64,969.31 of these funds.
In order to proceed with the utility relocation effort for the Marsha Sharp
Freeway Project, staff recommended execution of this Change Order.
(28.) Resolution No. 2004-RO135 Authorizing the Mayor to execute a Deed
Without Warranty in favor of Milwaukee, LTD for a 0.42 acre tract
of land in Section 30, Block AK, Lubbock County (6502 82°d Street).
RESOLUTION NO.2004-RO135
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 Deed Without Warranty
between the City of Lubbock and Milwaukee, LTD., a Texas limited partnership, and any
other related documents. Said Deed Without Warranty 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Buck+
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/S/ Richard K. Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Deed Without Warranty is filed with Resolution No. 2004-RO135.
In 1999, 92°d Street was widened from Frankford Avenue westward to US
62/82 (Wolfforth) by the Texas Department of Transportation. As part of
this project, the City of Lubbock acquired several pieces of right-of-way
including a 35-foot wide strip of land along the north side of 82°d Street
from Iola Avenue westward to a point 524 feet west of Milwaukee Avenue
from the Bacon family. This 35-foot wide strip of land was purchased for
a drainage channel to carry storm water westward to a playa lake on the
north side of 82nd Street and Milwaukee Avenue.
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The Bacon Family recently sold all of their property along the north side
of this 35-foot wide strip of land to a real estate developer who has sold it
off to three separate entities, two of which he has interest in. The
developer is ready to start developing this acreage into residential and
commercial properties and desires to acquire this 35-foot strip to include it
in his plat. According to our City attorney, land of this size and
configuration can be sold to the abutting property owner at its appraised
value. Tommy Cantrell, M.A.I., appraised this first of three tracts to be
conveyed to the abutting property owner, Milwaukee, LTD. This 35 foot
wide tract of land runs along the north side of 82"d Street from the center
of Milwaukee westward 524 feet and contains 0.42 acres of land. Mr.
Cantrell appraised the 0.42 acres at $1,000 per acre for an appraised
market value of $420, which is the City's sale price.
FISCAL IMPACT:
This property will go back on the tax roll and the City will not be
responsible for its maintenance, liability, or development and it will
remain as a drainage easement.
The Right -of -Way Department recommended the approval of this Deed
Without Warranty to Milwaukee, LTD.
(29.) Resolution No. 2004-RO136 authorizing the Mayor to execute a Deed
Without Warranty in favor of Bacon Crest, LTD for a 1.06 and a
0.4571 acre tract of land in Section 29, Block AK, Lubbock County
(6402 82"d Street).
RESOLUTION NO. 2004-RO136
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 Deed Without Warranty
between the City of Lubbock and Bacon Crest, LTD., a Texas limited partnership, and
any other related documents. Said Deed Without Warranty 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/S/ Richard K. Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Deed Without Warranty is filed with Resolution No. 2004-RO136.
This is the second 35-foot wide tract of land along the north side of 82"d
Street to be conveyed to the abutting property owner, Bacon Crest, LTD.
This tract contains a total of 1.5171 acres and runs from the center of
Milwaukee Avenue eastward to a point 752 feet west of Iola Avenue for a
total distance of 1,889.81 feet. Tommy Cantrell, M.A.I. appraised this
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tract of land at $1,000 per acre for an appraised market value of $1,517.10
which is the City's sale price to Bacon Crest, LTD.
FISCAL IMPACT:
This property will go back on the tax roll and the City will not be
responsible for its maintenance, liability, or development and it will
remain as a drainage easement.
The Right -of -Way Department recommended approval of this resolution.
(30.) Resolution No. 2004-RO137 authorizing the Mayor to execute a Deed
Without Warranty in favor of Amistad Commercial Property, L.P.
for a 0.6042 acre tract of land in Section 29, Block AK, Lubbock
County (6102 82"d Street).
RESOLUTION NO.2004-RO137
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 Deed Without Warranty
between the City of Lubbock and Amistad Commercial Property, L.P., a Texas limited
partnership, and any other related documents. Said Deed Without Warranty 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 March, 2004.
/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/ Richard K. Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Deed Without Warranty is filed with Resolution No. 2004-R0137.
This is the third 35-foot wide tract of land along the north side of 82°d
Street to be conveyed to the abutting property owner, Amistad
Commercial Property, L.P. This tract contains a total of 0.6042 acres and
runs from the center of Iola Avenue westward 752 feet. Tommy Cantrell,
M.A.I. appraised this tract of land at $1,000 per acre for an appraised
market value of $604.20 which is the City's sale price to Amistad
Commercial Property, L.P.
FISCAL IMPACT:
This property will go back on the tax roll and the City will not be
responsible for its maintenance, liability, or development and it will
remain as a drainage easement.
The Right -of -Way Department recommended the approval of this
resolution.
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March 23, 2004
Page 249 the reappo
(31.)intment of David
Resolution No. 2004-RO138 to ratify
Vasquez to the Civil Service Commission.
RESOLUTION NO.2004-RO138
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: nt
BE IT RESO y p omtme
THAT the City Council of the City ofS i bibock hereb ratifies the rea p
of David Vasquez to the Civil Service Comm
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza b TommyCombs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/SI Scott Snider
Director of Human Resources/Civil Service Commission
APPROVED AS TO FORM:
!s/ John M Knight
John M. Knight, Assistant City Attorney
David Vasquez is very knowledgeent Code and has ble of the rules and rved asregulations
Civil
Chapter 143 of the Local Governor
Service Commissioner since October 8, 1997. David's current term will
expire on March 23, 2004.
The Commission members ratify rules and standards applicable to
classified civil service positions in the Fire and Police departments and the
enforcement and effect of the Civil Service statutes. Members are
appointed by the City Manager as per Texas Local Government Code
143.006, and ratified by the governing body.
The term for these appointments is three years and the meetings are held
as needed. There are three members of the Commission as required by
law and the Director of the Commission is Scott Snider.
City Manager recommended approval of this resolution.
(32.) Resolution No. 2004-RO139 in support of a grant application in the
amount of $48,000 in response to a request for purchase (RFP) from
South Plains Association of Governments (SPAG) and the Texas
Commission on Environmental Quality (TCEQ) for fiscal year 2004
Solid Waste Grant Programs. The grant application requests $48,000
in funds to purchase a yard waste/brush chipper.
RESOLUTION NO.2004-RO139
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK
AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE SOUTH
PLAINS ASSOCIATION OF GOVERNMENTS FOR A REGIONAL SOLID WASTE
GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON
BEHALF OF THE CITY OF LUBBOCK IN ALL MATTERS RELATED TO THE
APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF
LUBBOCK WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE SOUTH
PLAINS ASSOCIATION OF GOVERNMENTS THE TEXAS COMMISSION ON
ENVIRONMNETAL QUALITY AND THE STATE OF TEXAS.
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Page 250
WHEREAS, the South Plains Association of Governments is
Texas Commission on Environmental directed by the
admster funds for implementation of the COG's adopted regional
Waste
waste grant
Plan; and ste management
WHEREAS, the Citv of Lubbock in the State of Texas is ualified
giant funds under the Request for Applications. q to apply for
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
CITY OF LUBBOCK, TEXAS; OF THE
1 • THAT the City of Lubbock City Maria er is authorized to request funding under the South Plains Association of Governments Request or
Applications of the Regional Solid Waste Grants Program and act on
behalf of the it of Lubbock in all matters related to the grant application
and any subsequent grant contract and grant project that may result.
2• THAT if the project is funded, the City of Lubbock will comply with the
grant requirements of the South Plains Association of Governments, Texas
Commission on Environmental Quality and the State of Texas.
3. THAT the grant fiends and any grant -funded equipment or facilities will be
used only for the purposes for which they are intended under the grant.
4• THAT activities will comply with and support the adopted regional and
local solid waste management plans adopted for the geographical area in
which the activities are performed.
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sherry Stephens Acting Director
Terry Ellerbrook
Managing Director of Public Works
APPROVED AS TO FORM:
/s/ AM L. Sims
Amy L. Sims, Assistant City Attorney
HB 3072 mandates that the TCEQ return to local governments a portion of
the state surcharge ($1.25 per ton) collected on landfill tipping fees. The
funds are apportioned to each Council of Governments based on a formula
that includes, but is not limited to, population, need, and number of
counties in the Council area. The Councils then conduct a competitive
grant application process to address the needs of their specific region.
This year, SPAG has approximately $181,000 available for pass -through
implementation projects. The SPAG Solid Waste Advisory Committee
has chosen to limit each single jurisdiction award to a maximum of
$58,000.
The Solid Waste Services Department's grant application is for the
purchase of a yard waste/brush chipper. The chipper will be used to turn
brush and yard trimmings collected at the recycling drop-off centers into
mulch. The mulch will be given away to residents who can use it for a
variety of projects and purposes. The benefits of this program will be a
higher quality mulch product given to citizens at the Recycling Drop-off
Centers. This should increase the number of people using the mulch and
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Regular City Council Meeting
March 23, 2004
Page 251
visiting the drop-off centers. In FY, 02-03, 846 tons of yard trimmings
were collected at the 3 recycling drop-off centers and diverted from
landfill disposal. Another 5,985 tons of yard waste was diverted from the
landfill via other programs.
FISCAL IMPACT:
This grant is for a one-time expenditure for equipment and will have no
impact on the Solid Waste budget. If the grant is not received, the
equipment will not be purchased.
Staff recommended approval of this resolution.
(33.) Resolution No. 2004-RO140 authorizing the Mayor to approve the
termination of the ground lease agreement between the City of
Lubbock and Lane McClanahan (Aviation).
RESOLUTION NO.2004-RO140
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 terminating
the lease agreement between Lane McClanahan and Lubbock International
Airport. Said Letter is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
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. 2004-R0140.
Since July 30, 1998, Lane McClanahan has leased 11,000 square feet of
land on Airport's west ramp to accommodate his 4,800 square foot hangar.
Mr. McClanahan is selling his hangar to Jim and Sheri Killion. This
agenda item authorizes the cancellation of the land lease agreement with
M •. McClanahan. Mr. Killion leased the same square footage at the same
-ate as the McClanahan lease.
FISCAL IMPACT:
There will be no fiscal impact.
The Airport Board and staff recommended approval of this resolution.
(34.) Resolution No. 2004-RO141 authorizing the Mayor to approve a
ground lease agreement between the City of Lubbock and Jim and
Sheri Killion (Aviation).
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March 23, 200�
Page 252
RESOLUTION NO.2004-RO141
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 Lease Agreement with Jim
Killion at Lubbock International Airport, and all related documents. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
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. 2004-R0141.
Jim and Sheri Killion are purchasing the 4,800 square foot hangar from
Lane McClanahan. This agenda item authorizes a new land lease with Jim
and Sheri Killion. The lease will be for 11,000 square feet of land for
$.1204 per square foot per year. The revenue will be $1,324.40 annually
or $110.37 monthly. The term will be for 30 years with one additional
three-year option.
FISCAL IMPACT:
There will be no fiscal impact. The lease will be the same square footage
at the same rate as the McClanahan lease.
The Airport Board and staff recommended approval of this resolution.
(35.) Resolution No. 2004-RO142 authorizing the Mayor to approve the
termination of the lease agreement between the City of Lubbock and
General Services Administration (GSA) for the Transportation
Security Administration (GS-0711-15337)(Aviation).
RESOLUTION NO. 2004-RO142
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 Supplemental Lease
Agreement terminating Lease Agreement GS-07B-15337 with GSA at Lubbock
International Airport. Said Supplemental Lease 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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March 23, 2004
Page 253
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
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. 2004-R0142
This agenda item authorizes the cancellation of lease agreement
GS-07B-15337 between the City of Lubbock and the General Services
Administration (GSA) for the Transportation Security Administration
(TSA) for 4,610 square feet of administrative office space on the west side
of the airport. The cancellation will become effective June 30, 2004, four
months prior to its expiration on October 31, 2004.
The GSA currently has two leases with the City; one lease for
administrative office space on the west side of the airport, and the other
for screening staff in the terminal building. In November 2003, the
GSA/TSA advised us that they were not interested in renewing their lease
for the office space on the west side of the airport when it expires. The
GSA/TSA requested that they be let out of the lease early. The GSA/TSA
advised that they had found office space in the downtown area that they
intended to lease.
To offset the loss in revenue the City would experience if this lease were
cancelled prior to its expiration, the GSA/TSA expressed interest in
leasing an additional 1,278 square feet of space in the terminal. After
several discussions, the GSA/TSA advised that they would be willing to
begin leasing additional space in the terminal on April 1, 2004, three
months prior to the proposed June 30, 2004 cancellation, specifically to
offset any loss to the City.
Terminating this lease four months early will result in a loss of
$10,756.64. However, if the amendment to the lease agreement
GS-0713-15338 is approved, $16,132.41 will come in by October 31, 2004.
FISCAL IMPACT:
If this resolution is approved in conjunction with the amendment lease
agreement GS-07B-15338, the City will earn $5,375.77.
The Airport Board and staff recommended approval of this resolution.
(36.) Resolution No. 2004-R0143 authorizing the Mayor to approve an
amendment to the lease agreement between the City of Lubbock and
General Services Administration (GSA) for the Transportation
Security Administration (GS-07B-15338) (Aviation).
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March 23, 2004
Page 254
RESOLUTION NO.2004-RO143
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to Lease
Agreement GS-07B-15338 with GSA at Lubbock International Airport. Said
Amendment is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Amendment is filed with Resolution No. 2004-R0143.
The GSA currently leases 488 square feet of space in the terminal building
for the screening staff. The TSA has requested an additional 1,278 square
feet of space to allow room for their screening manager, a training room,
and equipment storage that is currently housed in the administrative office
space on the west side of the airport. The GSA/TSA has agreed to begin
leasing the additional space in the terminal effective April 1, 2004 to
offset any revenue loss that would be incurred if they were let out of their
west side lease on June 30, 2004.
This agenda item allows for an amendment to lease GS-078-15338
increasing the square footage in the lease from 488 to 1,766, which will
increase annual rent from $7,564.00 to $27,655.56.
FISCAL IMPACT:
This amendment increases revenue by $20,091.56 annually.
The Airport Board and staff recommended approval of this resolution.
(37.) Resolution No. 2004-RO144 - RFP #251-03/RS authorizing the Mayor
to sign a Pool Management Services Agreement with USA Pools for
the 2004 swim season (Park and Recreation).
RESOLUTION NO.2004-RO144
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 pool
management, by and between the City of Lubbock and USA Pool Management Inc., and
related documents. Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
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Regular City Council Meeting
March 23, 2004
Page 255
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
_ Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Corbin Pemberton
Corbin Pemberton
Parks and Recreation Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0144.
As an on -going process, the Park and Recreation Department evaluates
current programming to ensure that staff offers the most cost efficient and
effective programming. Recently, staff initiated a request for proposal
(RFP) related to pool services. The Park Department sought bids for the
management of the four Municipal Swimming Pools for the 2004 swim
season. The location of each pool is as follows:
Clapp Swimming Pool
Maxey Swimming Pool
Mae Simmons Swimming Pool
Montelongo Swimming Pool
42nd and Avenue U
30`h and Oxford Avenue
24`h and MLK
Amherst and Gary Avenue
This service will provide supervisors, pool managers, lifeguards and
chemicals. Park staff will provide a cashier and/or concessionaire at each
facility to collect all revenues and perform daily cash handling procedures.
Staff will continue to perform maintenance/repairs at the facilities. On the
RFP closing date, staff received one proposal from USA Pools to provide
the previously mentioned services for $119,580. The contract period will
be for the 2004 swim season, with an option to renew for the 2005 and
2006 seasons.
On February 24, 2004, the Parks and Recreation Board recommended that
the City Council approve this agreement.
FISCAL IMPACT:
Budget FY 2003-04:
Part Time Salary
Social Security
Chemicals
5227.8003
5227.8033
5227.8114.04292
TOTAL
Payment to USA Pools
Additional Staffing for Pool Parties
TOTAL
NET SAVINGS OF:
$116,975
$ 8,949
$ 10,000
$135,924
$119,580
$ 6,096
$125,676
$ 10,248 FY 2003-04
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Regular City Council Meeting
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Page 256
There is an option to renew this agreement for the 2005 and 2006 season.
The fees will be increased by 5% each year.
Payment to USA Pools
Additional Staffing for Pool Parties
TOTAL
NET SAVINGS OF:
FY 2004-05
$125,559
6,096
$131,655
$ 4,269
[FY2004-05]
TOTAL THREE YEAR SAVINGS: $ 12,514
FY2005-06
$131,831
6,096
$137,927
($ 2,003)
[FY 2005-06]
Staff and the Park and Recreation Board recommended that the City of
Lubbock enter into a one-year agreement with the option to renew for two
additional years with USA Pools to supply Pool Management Services to
all four municipal swimming pools.
The next item considered was Item 39.
(38.) Resolution No. 2004-RO155 - BID #050-04/RW for Video Detection
Equipment (Traffic Engineering - Operations).
RESOLUTION NO.2004-RO155
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 per Bid
ITB #050-04/RW for video detection equipment, by and between the City of Lubbock
and Texas Highway Products of Round Rock, 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-R0155.
This item was moved from consent agenda to regular agenda and was
considered following Item 25.
This bid is for the purchase of video detection equipment for detecting the
movement of traffic at the intersections of 82"d Street and University
Avenue, 82"d Street and Quaker Avenue, and Erskine Street and North
Indiana Avenue. The video detection eliminates the need to cut the street
pavement for the installation of loop detectors. Video detection takes less
time to replace as opposed to cutting a new loop when the pavement or
loop cable no longer is operable.
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Regular City Council Meeting
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Page 257
The video detection equipment is being purchased from the Texas
Department of Transportation contract #60144-3-459-D.
FISCAL IMPACT:
A total of $1,030,000 was appropriated and $600,000 is available in
project number 9296 (Traffic Signals) for this purpose.
Award contract to Texas Highway Products of Round Rock, Texas for
$46,860.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2004-RO155 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
The next item considered was Item 40.
(39.) Resolution No. 2004-RO145 - BID #017-04/RW for Traffic Signal
Equipment (Traffic Engineering - Operations).
RESOLUTION NO.2004-RO145
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 per Bid
ITB #017-04/RW for traffic signal equipment, by and between the City of Lubbock and
Consolidated Traffic Controls, Inc. of Arlington, 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
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. 2004-R0145.
This item was considered following Item 37.
This bid is for the purchase of various traffic -signal equipment including
brackets, tubes, arms and pedestrian push buttons, Traffic Operations will
use this equipment to upgrade traffic signals and for new installations at
various locations within the City of Lubbock.
Four local businesses were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $1,095,000 was appropriated and $1,095,000 is available in
project number 9296 (Traffic Signals) for this purpose.
Award bid to Consolidated Traffic Controls, Inc. of Arlington, Texas for
$25,288.74; Hi -Tech Signals of Fort Worth, Texas for $1,155.00; Naztec,
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Regular City Council Meeting
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Page 258
Inc. of Sugarland, Texas for $6,099.67; and ACM Highway Products of
Round Rock, Texas for $762.24.
The next items considered were Items 41-45.
(40.) Resolution No. 2004-RO156 - BID #022-04/RS for Runway/Taxiway
Paint — Annual Pricing (Airfield Operations).
RESOLUTION NO.2004-RO156
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
runway/taxiway paint — annual pricing, by and between the City of Lubbock and Allstates
Coatings Company of Gladewater, 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2004-R0156.
This item was moved from consent agenda to regular agenda and was
considered following Item 38.
This bid establishes annual pricing for airport runway/taxiway striping and
paint used on concrete asphalt surfaces. FAA regulations specify that the
markings must be repainted to maintain certification. Paint must meet
Federal Specification TT-P-1952 B Waterborne lead-free paint and must
be delivered in 330-gallon lots in 55-gallon sealed containers within 72
hours of notification by the Airport.
Firm pricing is good for one year with an option to renew annually for up
to two additional one-year terms.
Thirty-five local businesses were notified of this Invitation to Bid.
The low bidder has agreed to sell these items to other governmental
entities, which have cooperative purchasing agreements with the City of
Lubbock.
FISCAL IMPACT:
A total of $25,525 was appropriated and $25,525 is available in project
number 8269 Aviation Operation System Maintenance for this purpose.
Award bid to Allstates Coatings Company of Gladewater, Texas for
$12,101.
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Regular City Council Meeting
March 23, 2004
Page 259
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass Resolution No. 2004-RO156 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
At this time, City Manager Lou Fox introduced James Loomis, the new
Director of Aviation.
The next item considered was Item 46.
Items 41-45 were considered following Item 39.
(41.) Resolution No. 2004-RO146 - BID #023-04/DC for Meal Service for
Senior Citizen Centers (Park and Recreation).
RESOLUTION NO. 2004-RO146
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for the meals
service for senior citizen centers, by and between the City of Lubbock and South Plains
Food Bank, 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing 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. 2004-R0146.
The purpose of this bid is to contract a food service provider for the Senior
Meal Program. The program serves approximately 68,000 hot meals
annually to senior citizens of Lubbock. These meals are served five days
per week at five sites located in Lubbock. Meal service will fulfill
one-half of the recommended daily allowance for seniors 60 years of age
and older.
One hundred twenty-four local businesses were notified of this Invitation
to Bid.
FISCAL IMPACT:
A total of $169,200 was appropriated and $169,200 is available in project
number 84012.8302 (Professional Services) for this purpose.
Award contract to South Plains Food Bank, Inc. of Lubbock, Texas for
$165,600.
(42.) Resolution No. 2004-R0147; Resolution No. 2004-RO148 - BID
#028-04/DC for Community Development Repair or Replacement of
Energy Units (Community Development).
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Regular City Council Meeting
March 23, 2004
Page 260
RESOLUTION NO.2004-RO147
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 as
secondary contractor for Community Development repair or replacement of energy units,
by and between the City of Lubbock and Arguijo Heating & A/C of Whiteface, 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2004-R0147.
RESOLUTION NO.2004-RO148
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 as
primary contractor for Community Development repair or replacement of energy units,
by and between the City of Lubbock and Bruce Thornton A/C Inc. 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing Manager
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Page 261
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2004-R0148.
This bid establishes one-year pricing for the State Comprehensive Energy
Assistance Program (CEAP) for repair, replacement, or retrofit of
inefficient heating and cooling systems, water heaters, and refrigerators.
The goal of the program is to reduce energy costs for low-income families.
-` The work for the current CEAP grant must be completed by December 31,
2004. Primary and secondary contractors are recommended for contract
award in order to assist in meeting the deadline of the grant.
One-year pricing will allow the City to continue the program in 2005
should the City receive the CEAP grant for next year.
FISCAL IMPACT:
A total of $399,503 was appropriated and $153,000 is available in project
number 82007 (CEAP Grant) for this purpose.
Award contracts to Bruce Thornton A/C, Inc. (Primary Contractor) of
Lubbock, Texas for $125,800.28 and Arguijo Heating & A/C (Secondary
Contractor) of Whiteface, Texas for $151,100.
(43.) Resolution No. 2004-R0149 - BID #031-04/RS for heating, ventilating
and air-conditioning filters — Annual Pricing (Facilities Management).
RESOLUTION NO. 2004-R0149
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
heating ventilating and air conditioning filters — annual pricing, by and between the City
of Lubbock and Filtration Concepts 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing 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. 2004-R0149.
This bid establishes annual pricing for various filters for the City's
heating, ventilating and air-conditioning (HVAC) systems. The filters will
be delivered on monthly and quarterly schedules for the following
buildings: Municipal Square, Municipal Building, Mahon Library, Groves
Library, Patterson Library, Godeke Library, Fleet Services, Solid Waste,
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Page 262
Traffic Sign & Signal, Animal Shelter, Health Department, Municipal
Hill, Police Academy, Facilities Management Shop, Parks Offices, Buddy
Holly Center, Garden & Arts, Streets building and Lubbock Business
Center.
The contractor will arrange, package, and label filters for each individual
HVAC unit. Firm pricing is good for one year, with an option to renew
annually for up to two additional one-year terms.
Twelve local businesses were notified of this Invitation to Bid.
The low bidder has agreed to sell these items to other governmental
entities, which have cooperative purchasing agreements with the City of
Lubbock.
FISCAL IMPACT:
A total of $48,000 was appropriated and $10,217 per year is available in
project number 2510.8228 (Building Maintenance HVAC System Filters)
for this purpose.
Award bid to Filtration Concepts of Lubbock, Texas for $9,119.90.
(44.) Resolution No. 2004-R0150 - BID #033-04/RS for Fire Training
Academy concrete slabs and alley paving (Fire Department
- Training).
RESOLUTION NO.2004-R0150
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for the Fire
Training Academy concrete slabs & alley paving, by and between the City of Lubbock
and C. B. Thompson Construction Company 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
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CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of March, 2004, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and C. B. Thompson Construction Company, 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 #033-04/RS - FIRE TRAINING ACADEMY CONCRETE SLABS & ALLEY
PAVING - $49,989.50
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
Performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER)
By: Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
APPROVED AS TO CONTENT:
/s/ Harland D. Stauffer 4/12/04
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
C. B. Thompson Construction Company
By: /s/ Terry Y. Thompson
PRINTED NAME: Terry Y. Thompson
TITLE: President
COMPLETE ADDRESS:
C. B. Thompson Construction Company
P. O. Box 6456
Lubbock, Texas 79493
ATTEST:
Corporate Secretary
This bid involves construction of approximately 9,730 square feet of
four -inch thick concrete slab sidewalk, which includes all sub -grade
preparation, forming, spoil disposal, reinforcement, jointing and
backfilling. Also included is approximately 4,130 square feet of standard
concrete alley paving, including all sub -grade preparation, forming, spoil
disposal, reinforcement, jointing and backfilling. The construction will
take place in the field training area of the Fire Training Academy located
at 1515 Ursuline Avenue.
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Time for completion of this project is 30 consecutive calendar days and
liquidated damages is $250 per day.
Sixty local contractors were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $145,000 was appropriated and $55,000 is available in project
number 90234 (Fire Training Academy) for this purpose.
Award contract to C.B. Thompson Construction Company of Lubbock,
Texas for $49,989.50.
(45.) Resolution No. 2004-R0151; Resolution No. 2004-RO152 - BID
036-04/11M for water and sewer line materials for projects ahead of
freeway (Water Engineering).
RESOLUTION NO. 2004-RO151
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 per Bid
ITB #036-04BM for water and sewer line materials, by and between the City of Lubbock
and O'Tool Industries 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-RO151.
RESOLUTION NO.2004-RO152
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 per Bid
ITB #036-04/13M for water and sewer line materials, by and between the City of Lubbock
and Vaughn Concrete Products of Amarillo, 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.
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March 23, 2004
Page 265
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-RO152.
This bid is for the purchase of water and sewer system material needed to
reroute water and sewer lines ahead of the Marsha Sharp Freeway project.
Water system materials include PVC water pipe with valves, fittings and
accessories. Sewer system materials include PVC sewer pipe and pre -cast
concrete manholes. Steel casing is also needed to install water and sewer
lines under proposed paved areas. The materials ordered will allow
existing water and sewer lines to be relocated along 4ch Street from
Avenue G to Detroit Avenue.
Twenty-seven local contractors were notified of this Invitation to Bid.
This bidder has agreed to sell this item to other governmental entities,
which have cooperative purchasing agreements with the City of Lubbock.
FISCAL IMPACT:
A total of $345,000 was appropriated and $345,000 is available in project
number 9742 (Water Lines Ahead of Marsha Sharp Freeway/Sewer Lines
Ahead of Marsha Sharp Freeway) for this purpose.
Award bids to O'Tool Industries of Lubbock, Texas for $84,335.60;
Vaughn Concrete Products, Inc. of Amarillo, Texas for $29,737; Lobo
Equipment, Inc. of Levelland, Texas for $19,844; Benmark Supply
Company, Inc. of San Angelo, Texas for $18,313; Sims Plastics, Inc. of
Odessa, Texas for $7,390; Western Industrial Supply of Lubbock, Texas
for $6,903.23; and KW Sharp of Lubbock, Texas for $3,385.
The next items considered were Items 24-25.
(46.) Resolution No. 2004-RO157 - BID #015-04BM for Lopez Park
Irrigation Wells (Public Works).
RESOLUTION NO.2004-RO157
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU13BOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for the Lopez
Park irrigation wells, by and between the City of Lubbock and Acosta Drilling of
Lamesa, 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.
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Page 266
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of March, 2004, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Acosta Drilling, of the City of Lamesa, County of Dawson, 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 #015-04BM - Lopez Park Irrigation Wells - $39,629.70
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
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Page 267
CITY OF LUBBOCK, TEXAS (OWNER)
By: Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
Acosta Drilling
By: /s/ Victor M. Acosta, Jr.
PRINTED NAME: Victor M. Acosta, Jr.
TITLE: Owner
COMPLETE ADDRESS:
Acosta Drilling
P. O. Box 1221
Lamesa, TX 79331
ATTEST:
Corporate Secretary
This item was moved from consent agenda to regular agenda and was
considered following Item 40.
This project involves material and labor to drill and complete two water
wells for irrigating Lopez Park. The contractor will drill and complete,
develop and test, and provide surface wellheads, concrete pads and
conduit for the two wells.
The purpose of this project is to replace the use of potable water with
on -site well water to irrigate Lopez Park. Reduction in the volume of City
water for irrigation will enable more usage of the potable City water for
direct human consumption where potable water is required. The
development of irrigation wells will aid in the overall water conservation
plan for Lubbock.
Time for completion of this project is 30 consecutive calendar days and
liquidated damages is $500 per day.
Nine local contractors were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $112,000 was appropriated and $93,807 is available in project
number 6111 (Lopez Park Water Wells) for this purpose.
Award contract to Acosta Drilling of Lamesa, Texas for $39,629.70,
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass Resolution No. 2004-RO157 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
The next items considered were Item 47-48.
ORDINANCES FOR PASSAGE
Second Reading
(47.) ORDINANCE NO. 2004-00030—Zone Case No. 2305-H (301 Utica
Avenue): Continued from March 4, 2004, the request of Tara Land
Company (for State National Bank) for a zoning of AM Specific Use
for a bank building on Lots 1, 2, 3 and a portion of Lots 4 and 6A,
Whisperwood Office Park (second and final reading).
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ORDINANCE NO.2004-00030
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2305-H; A ZONING CHANGE FROM AM SPECIFIC
USE TO AM SPECIFIC USE FOR A BANK BUILDING ON LOTS 1, 2, 3 AND A
PORTION OF LOTS 4 AND 6A, WHISPERWOOD OFFICE PARK, LUBBOCK,
TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on second and final reading Ordinance No.
2004-00030 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Gilbreath recused himself.
(48.) ORDINANCE NO. 2004-00035 (2202 7" Street): Ordinance
abandoning and closing two 20 foot alleys located in Blocks 66 and 67,
Overton Addition, and 7ch Street between Avenue V and Avenue W,
Overton Addition to the City of Lubbock (second and final reading).
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass on second and final reading Ordinance No.
2004-00035 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
ORDINANCE NO.2004-00035
AN ORDINANCE ABANDONING AND CLOSING TWO 20-FOOT ALLEYS
LOCATED IN BLOCKS 66 AND 67, OVERTON ADDITION, AND 7TH STREET
BETWEEN AVENUE W AND AVENUE V IN THE OVERTON 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.
The next item considered was Item 58.
PUBLIC ZONING HEARINGS
11:31 A.M.
(49.) Ordinance No. 2004-00039 - ZONE CASE NO. 3000 (south of Main
Street between Avenue V and Avenue W): Continued from March 4,
2004, a public hearing to consider an appeal of a denial by the
Planning and Zoning Commission for a request of Humphreys &
Partners, L.P. (for Main Street Townhomes, L.P.) for a zoning change
from R-2 to A-2 Specific Use for three-story town homes with reduced
front setbacks on Lots 1-12, Block 71, Overton Addition (first
reading).
ORDINANCE NO. 2004-00039
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3000; A ZONING CHANGE FROM R-2 TO A-2
SPECIFIC USE FOR 3-STORY TOWNHOMES WITH REDUCED FRONT
SETBACKS ON LOTS 1-12, BLOCK 71, OVERTON ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
This item was considered following Item 54.
Mayor Pro Tem. Patterson opened the public hearing at 11:34 a.m. David
Miller, McDougal Construction appeared on behalf of Humphreys &
Partners, L.P. Walker Metcalf, Diane Burchard, Mia Maddox, Billie
White, Sam Dunn and Roger Settler appeared in opposition. Mayor Pro
Tem Patterson closed the hearing at 12:12 p.m.
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Page 269
This request would provide for developing a row of lots between Avenue
V and Avenue W on Main Street as town homes. The units will be on
separate lots and built and eligible for individual ownership. The Planning
Commission denied the request with a split vote, because property
owners' comments contended that there were increased parking issues on
Broadway, congestion in the alley and three-story construction.
Adjacent land uses:
North — apartments
South — commercial
-- East — residential
West — church
The request represents a minor change to the Comprehensive Land Use
Plan. Although a graphic developed and published in the "Overton Park
Public Improvements" design booklet illustrates the block as "multi -use",
the current amended Plan adopted by the City Council when the
redevelopment started indicates "Garden Office" along portions of the
south side of Main Street. Flexibility of land uses in the redevelopment
area has been a priority of the developer and the Planning Department
since the beginning of the redevelopment.
The density of the units will be approximately 1/1,800 versus the
minimum of 1/2000 allowed in the R-1 Specific Use section.
Use of A-2 as the base zoning for a Specific Use Permit will accommodate
the slightly higher density of units and will accommodate the three-story
construction. A majority of the first floor of each unit is a two -car garage.
Several of the property owners on Broadway expressed concern that the
height of the units will "overpower" buildings on Broadway. These
business owners are in the vicinity of a number of church structures on
Broadway with a height well in excess of the proposed three-story town
homes. Also, the Dinerstein apartment project on the north side of Main
Street is three stories. The staff is of the opinion that the project will not
create a detriment to landowners along Broadway. Increased traffic and
parking were also cited as an issue. The residential will not create the
amount of traffic or parking that typical office development would
generate. Parking issues exist in the entire area due to the proximity to
Texas Tech University and not because of any individual development or
business. The alley is currently paved. Several of the businesses have
become accustomed to having the alley primarily to themselves.
The town homes are clustered in groups of five. Three of the homes will
have access to the garage from the alley. Two of the homes will share a
common drive from Main Street, thus reducing the number of drive cuts
on Main. The proposed parking meets town home requirements (a two car
garage and two car drive), and the developer is adding additional spaces in
response to the "one space per four units" required in the A-2 District even
though the development is constructed as individual town home units.
The Planning Commission denied the request.
FISCAL IMPACT:
Not applicable.
Staff recommended the request to the Planning Commission, and
recommended reversal of the Planning Commission denial.
Council Member Gilbreath said that he would vote today, but he wants to
visit with both sides before the second reading.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to overturn Planning and Zoning for Ordinance No.
2004-00039. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
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The next items considered were Items 50-51.
12:22 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
1:35 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tern T. J. Patterson, Council
Member Gary 0. Boren, Council Member Jim Gilbreath, Council
Member Tom Martin, Council Member Frank W. Morrison; Lou
Fox, City Manager; Anita Burgess, City Attorney; Rebecca Garza,
City Secretary; and Richard Casner, First Assistant City Attorney
Absent: Council Member Hernandez
Items 50-51 were the first items considered after the meeting
reconvened.
(50.) Ordinance No. 2004-0 - ZONE CASE NO. 1647-B (west of I-27
and south of North Loop 289): Hold a public hearing to consider an
appeal of Lamar Outdoor Advertising for a zoning change from IHI
to M-1 Specific Use for a billboard and all unconditionally permitted
IHI Uses on Lot 2 Windswept Addition and on an unplatted .309 acre
tract of land out of Section 15, Block A first reading).
This item failed.
Mayor McDougal opened the public hearing at 1:35 p.m. Gary Walker,
Lease Manager, appeared on behalf of Lamar Outdoor Advertising. No
one appeared in opposition. Mayor McDougal closed the hearing at 1:39
p.m.
The request would accommodate a billboard on a tract of land west of I-27
inside Loop 289. The Planning Commission recommended denial of the
request with an 8-0 vote.
Adjacent land uses:
North — Loop 289
South — vacant
East — I-27
West — vacant, owned by O'Hair Shutter
The proposal is not consistent with the Comprehensive Land Use Plan or
zoning policy. The parcel is currently zoned "Interstate Industrial" and is
within the I-27 Policy Area established during the development of the
Strategies for Responsible Growth Corridor Plan in 1985-1986. A
determination by the Planning Commission and the City Council during
adoption of the policy and the new districts was that the elimination of
billboards within the corridor would create more safety for the motorist
because of less visual congestion, thus a safer and less cluttered "front
door" that I-27 would become for the City of Lubbock. The suggestion
made during the Corridor Study and the RTKL Downtown Plan that I-27
would become a "front door" for Lubbock has proved true. The
commercial and industrial portions of the Interstate corridor were rezoned
in late 1986. The billboards that existed along the corridor at the time of
the rezoning remain as non -conforming.
Billboards are treated as a land use within the zoning code, versus the
process for site signage allowed on each individual lot or development.
Both the Interstate Commercial District and Interstate Industrial District
do not have "billboard" as a permitted use.
The staff provided discussion to the Planning Commission about two
background items, one related to the Freeway corridor specifically and the
second to billboards in general:
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Logo Signs
TxDOT will now allow business owners along I-27 to work with a private
vendor (Texas Logos, L.P.) under contract to the State for sales and
installation of informational signs at freeway exits (the small blue logo
signs that Council members may have seen on freeways in other parts of
the State). This is a recent decision by TxDOT. While some locations
will not be eligible for the small signs because of Federal design
standards, Texas Logos has begun to contact business owners that will be
eligible to purchase the signs. The City staff has worked on this for the
last fifteen years with our Legislative representatives and Lubbock
TxDOT, and they are pleased to see Lubbock finally eligible for the signs.
The thinking in the past was that the freeway signs would reduce the need
for billboards that provide traveler information. The ability of travelers on
I-27 to see information related to travel related services and exit at the
correct location is a huge benefit. Because of the style of construction on
I-27 and the location of bridges, most travelers cannot exit at the correct
location when they see a particular business along the street regardless of
how large or tall their sign.
Background
Discussion of outdoor advertising, or off -premise advertising commonly
referred to as billboards, has been a topic of debate in Lubbock for more
than thirty years. The debate is nation wide. In 1975 Lubbock was at the
forefront of regulation of both signs (on -premise) and billboards with the
adoption of the Zoning Code in use today. Since that time, an extensive
amount of legislation and litigation has occurred nationwide. The
billboard lobby has a powerful voice at the State and National level. The
outdoor advertising industry contends that billboards are a service to the
traveling public and an essential element of advertising for business and
civic groups.
Several groups have been formed that hold an alternate or opposite view
of billboards. Scenic Texas is a State organization with an affiliation with
Scenic America that actively promotes either banning or strict control of
billboards. Scenic America contends that billboards create significant
visual distractions for drivers, thus causing safety problems, in addition to
the contention that outdoor advertising causes visual blight along urban
and rural highways. A cartoon in one anti -board publication refers to
billboards as "litter on a stick".
The regulation of billboards by the Zoning Code in Lubbock is no longer
at the cutting edge. Many states (Vermont, Hawaii, Maine and Alaska)
and cities in Texas (129 listed by Scenic Texas) have banned construction
of new boards, although for many the ban came too late in terms of the
number of existing boards that would remain nonconforming for years.
The reason for this background information is to bring a topic of
discussion to the Planning Commission and City Council related to not
only this request but also future cases. In fairness to Lamar and as
informative to the staff, whether rezoning for billboards is going to be an
up or down hill process should be established. The Council heard a flurry
of cases resulting from the most recent round of removals as directed by
the Court Order from 1986 (an agreement inherited by Lamar with the
City of Lubbock regarding the economic life of numerous billboards that
were made nonconforming by the 1975 Zoning Ordinance, as established
by a Municipal Sign Board) and dislocations caused by the Marsha Sharp
Freeway. To regain a focus regarding billboards about whether or not it is
the intent of the Planning Commission and City Council for the provisions
of the Interstate zoning districts and numerous commercial ordinances in
various parts of the City that exclude billboards as a permitted use are
going to remain intact should be addressed. The staff requested that the
Planning Commission host a work session in the next few months. The
request of staff will be to confirm current policy or if a change is
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warranted. The Commission indicated an interest in having a work
session.
Lubbock has thirty years of direction towards diminishing the number of
billboards in town. Some residents favor wholesale removal, some favor
relaxing the current restrictions. The staff position is to allow the current
legal and nonconforming boards (until their conformance date for those
listed in the Order) to maintain a status quo. Numerous sites remain
available for permits, although those sites may not be the most
advantageous for the needs of the outdoor advertising industry.
Present and past staff representatives of the Planning Department are not
advocates of billboards. Across the country, the planning profession has
been heavily involved in either eliminating or strong regulation of
billboards. Staff did not recommend approval of the request and the
Planning Commission denied the request. Lamar Outdoor appealed the
denial to the City Council.
FISCAL IMPACT:
Not applicable.
Staff supported the denial by the Planning Commission.
Randy Henson, Senior Planner, gave staff comments and answered
questions from the Council. For the sake of brevity, Mr. Henson asked
Council to adopt the backup comments.
Council Member Boren stated for the sake of history, he wanted to state
that each time Mr. Henson brings up billboards, there is the same
information, the same give and take. Council Member Boren referred
back to what he thought was an improper briefing in executive session,
when a previous city manager brought in previous personnel to give
Council a pictorial history of Lubbock in billboards and why they should
always be against billboards. He further stated that if it's good enough for
TxDOT, I think we should be sensitive to people and let these things
happen. It keeps a balance.
Council Member Gilbreath stated that in council backup, staff had
suggested that the Planning and Zoning Commission should hold a work
session in order to consider possible changes. He asked Mr. Henson if
that had been set up. Mr. Henson stated it had not been set up, but that he
thought it would be beneficial to hold work sessions to individually bring
them up to speed.
Motion was made by Council Member Morrison, seconded by Council
Member Boren to overturn Planning and Zoning's decision. Motion failed:
5 Yeas, 1 Nay. Council Member Martin voted Nay.
Note: 6 votes were needed to overturn.
(51.) Ordinance No. 2004-00042 - ZONE CASE NO. 3002 (2602 34"
Street): Hold a public hearing to consider a request of Joe Menaldi
(for Joe Maddox) for a zoning change from C-3 to C-4 limited to auto
glass sales and service and all unconditionally permitted C-3 uses on
Lot 24 and the east part of 23, Block 5, College View Addition (first
reading).
ORDINANCE NO. 2004-00042
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3002; A ZONING CHANGE FROM C-3 TO C-4
SPECIFIC USE FOR AUTO GLASS SALES AND SERVICE AND ALL
UNCONDITIONALLY PERMITTED C-3 USES ON LOT 24 AND THE EAST PART
OF LOT 23, BLOCK 5, COLLEGE VIEW ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
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Mayor McDougal opened the public hearing at 1:54 p.m. Joe Menaldi
appeared on behalf of himself and Joe Maddox. No one appeared in
opposition. Mayor McDougal closed the hearing at 2:06 p.m.
The request would provide for a former service station with an enclosed
canopy to be used for an auto glass replacement and repair facility.
Adjacent land uses:
North — single family
South — commercial
East — commercial
West — commercial
The property is currently zoned C-3 which would allow a quick tune
business or a service station, but not the heavier automotive related uses.
The request is to limit the C-4 to one permitted use — auto glass sales and
service and all permitted C-3 uses. The building was used for a car stereo
installation facility at one time and was originally a service station.
During the Planning Commission meeting, adjacent owners and a
representative of the UNIT Neighborhood Association opposed the
proposed change, based primarily on the condition of the building and a
business next door (car stereo). In the first vote on the case the
Commission denied the request. After some discussion in the hall, both
the neighbors and the applicant came back to the meeting and requested
reconsideration. The opposition amended their position and supported the
request.
The request is not consistent with the current Comprehensive Land Use
Plan, as C-4 is targeted at state or regional level streets.
To address that issue, the applicant has limited the proposed C-4 use to
only one permitted C-4 business. At least three other C-4 (limited) cases
have been approved within two blocks.
During the hearing, the Commission noted that a number of permitted uses
in various zoning districts should be reviewed. Using this request as an
example, the automotive glass use is probably one that could be inserted in
C-3, as it is typically no heavier in impact that a service station or quick
tune that are currently permitted in C-3. The Commission will take up that
discussion at a later date.
The Planning Commission recommended approval of the request,
including a minor Comprehensive Land Use Plan change and one
condition:
1. Use of the property shall be limited to automotive glass shop and all
unconditionally permitted C-3 uses.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Randy Henson, Senior Planner, gave comments.
Council Member Morrison stated there had been much discussion about
trying to beautify or upgrade 341h Street.
Council Member Gilbreath stated as long as Mr. Menaldi had
neighborhood consent, he thought it should be okay.
Council Member Boren stated he had received many calls about late
neighborhood noises.
Council Member Martin asked Mr. Henson questions about what zoning
would allow the auto glass shop, but make it where no car stereo shop
could come in. Mr. Henson said he would have to check his book to see if
radio sales are C-2A or C-2 Use.
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Motion was made by Council Member Martin, seconded by Council
Member Boren to lay this item on the table. Motion carried: 6 Yeas, 0
Nays.
The next items considered were Items 55-56.
This item was reconsidered after Item 56.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to approve a C-4 specific use permit limited to auto
glass store and expiring one year from today (March 23, 2005) and at the
same time direct the Planning and Zoning Commission to initiate a case to
amend the comprehensive zoning ordinance moving auto glass stores from
C-4 to C-3 as a permitted use. Motion carried: 5 Yeas, 1 Nay. Council
Member Boren voted Nay.
The next item considered was Item 57.
Items 52-54 were considered following Item 64.
(52.) Ordinance No. 2004-00036 - ZONE CASE NO. 3003 (west of Juneau
Avenue and south of 98`h Street): Hold a public hearing to consider a
request of Hugo Reed and Associates, Inc. (for Carl Mortenson) for a
zoning change from T to R-1 Specific Use for reduced setbacks — 20'
front, 5' on cul-de-sac lots, and 5' side setback on corner lots on 116.8
acres of unplatted land out of Section 21, Block AK first reading).
ORDINANCE NO. 2004-00036
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3003; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR REDUCED SETBACKS ON 116.8 ACRES OF UNPLATTED
LAND OUT OF SECTION 21, 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 11:31 a.m. No one
appeared on behalf of Hugo Reed and Associates, Inc. No one appeared
in opposition. Mayor McDougal closed the hearing at 11:32 a.m.
The request follows a number of cases in the last several years for a new
standard for setback in single family.
Adjacent land use is residential in all directions.
The request is consistent with the Comprehensive Land Use Plan and
zoning policy.
The Planning Commission recommended approval with the following
conditions:
1. A minimum twenty -foot of front setback on regular lots.
2. A minimum of five feet of front setback on cul-de-sac lots with the
exception of garages, which must have a minimum of twenty feet of
setback.
3. A minimum of five foot of side setback from side streets on corner
lots.
4. When alleys are paved and access to the garages is from that alley, the
backyard fence adjacent to side streets shall meet the same five-foot
setback as the home.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not applicable.
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Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass on first reading Ordinance No. 2004-00036 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(53.) Ordinance No. 2004-00037 - ZONE CASE NO. 3004 (south of East
Cornell Street and west of MLK Jr. Boulevard [MLK]): Hold a public
hearing to consider a request of Lubbock Housing Authority (for CS
Investments Texas GP) for a zoning change from R-1 to A-2 on 24
acres of unplatted land out of Section 1, Block A first reading).
RESOLUTION NO.2004-00037
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3004; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON 24 ACRES OF UNPLATTED LAND OUT OF SECTION 1, BLOCK A,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:31 a.m. No one
appeared on behalf of Lubbock Housing Authority. No one appeared in
opposition. Mayor McDougal closed the hearing at 11:32 a.m.
The request would accommodate an apartment tract south of the closed
Hunt Elementary and west of MLK.
Adjacent land uses:
North — Hunt Elementary and vacant
South — residential
East — vacant
West — vacant
The proposal is not in accordance with the current Comprehensive Land
Use Plan, but is in basic accordance with the basic principles of how the
Plan is formed. One issue that the staff discussed with the Planning
Commission is the configuration of the proposed parcel. The vacant area
between the parcel and MLK creates an assumption that the strip along
MLK will be targeted for commercial at some point in the future. The
case would be a non -policy zone change. But, until the North and East
Study and Master Plan are completed staff will not know the desires of the
property owners in the area. The Executive Director of the North and East
Commission reviewed the zone case and does not see an issue. Since the
two residential streets to the east of MLK are cul-de-sacs, having the
portion adjacent to MLK as commercial may not create a future problem.
Otherwise, the proposal is consistent with zoning policy and should have
little effect on the thoroughfare system.
The Planning Commission recommended approval of the request along
with a motion that the change in zoning represents a minor amendment to
the Comprehensive Land Use Plan.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
_ Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass on first reading Ordinance No. 2004-00037 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(54.) Ordinance No. 2004-00038 - ZONE CASE NO. 3005 (south of 41h
Street and east of Guava Avenue): Hold a public hearing to consider
a request of Tim Smith (for Travis Place Apartments, Ltd.) for a
zoning change from R-1 to A-2 for an apartment complex on an
unplatted parcel of land out of Section 3, Block A first reading).
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ORDINANCE NO. 2004-00038
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3005; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON AN UNPLATTED PARCEL OF LAND OUT OF SECTION 3, BLOCK
A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:31 a.m. No one
appeared on behalf of Tim Smith. No one appeared in opposition. Mayor
McDougal closed the hearing at 11:32 a.m.
The request would accommodate an apartment tract south of East 4th
Street and east of North Guava Avenue, adjacent to the intersection of
those two streets with the Idalou Highway.
Adjacent land uses:
North — 4th Street/Idalou Highway intersection
South — vacant
East — vacant, the rest of the parent tract
West — commercial and the Idalou Highway
The proposal is not in accordance with the current Comprehensive Land
Use Plan, but is in accordance with the principles of the Plan. The new
apartment tract will surround a parcel at the corner of East 4th and Guava
Avenue that will be reserved for commercial. The proposal is consistent
with zoning policy and should have little effect on the thoroughfare
system.
The Planning Commission recommended the request to the City Council,
and the motion including the minor amendment to the Comprehensive
Land Use Plan.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass on first reading Ordinance No. 2004-00038 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
The next item considered was Item 49.
PUBLIC HEARINGS
Items 55-56 were considered following Item 51.
2:17 P. M. Water Utilities
(55.) Ordinance No. 2004-00040 adopting revisions to the City of
Lubbock's Drought Contingency Plan. Hold a public hearing to meet
the public meeting requirements first reading).
ORDINANCE NO. 2004-00040
AN ORDINANCE ADOPTING A CITY OF LUBBOCK DROUGHT
CONTINGENCY PLAN; TO PROMOTE WISE AND RESPONSIBLE USE OF
WATER; ESTABLISHING CRITERIA FOR THE DROUGHT RESPONSE STAGES;
ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES RELATED TO
DROUGHT OR SHORTAGES; PROVIDING A PENALTY FOR EACH DAY OF
NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT
CONTINGENCY PLAN, AND/OR DISCONNECTION OR DISCONTINUANCE OF
WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE
DROUGHT CONTINGENCY PLAN; PROVIDING FOR PUBLICATION AND
ORDAINING OTHER MATTERS RELATED TO THE FOREGOING.
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Mayor McDougal opened the public hearing at 2:17 p.m. No one
appeared on behalf of the Drought Contingency Plan. No one appeared in
opposition. Mayor McDougal closed the hearing at 2:18 p.m.
These revisions to the Drought Contingency Plan (DCP) are more
proactive than the current DCP. The Conservation Subcommittee of the
Lubbock Water Advisory Commission (LWAC) developed and approved
these revisions. They were also reviewed, amended, and approved by the
LWAC at their February 25, 2004 meeting.
Major components of the DCP are:
• Three stages of drought contingency implementation versus the current
four stages. Proposed stages of drought are: Mild, Chronic, and Acute
(emergency);
• Consideration of water supply and storage status when deciding to
implement the various stages of the drought plan; and,
• The DCP is more restrictive on water use than the current plan.
Examples are:
• Stage 2 restrictions of landscape irrigation to one day per week;
Stage 2 operation of ornamental fountains prohibited except in specific
situations; and,
• Stage 2 restrictions on water use by hotels, motels, and restaurants.
The Texas Commission on Environmental Quality (TCEQ) has proposed
rules out for public comment on the requirements for municipal drought
contingency plans. These rules, when finally adopted, may necessitate the
revision of this proposed DCP.
FISCAL IMPACT:
Reduced water consumption through water conservation efforts could
have a negative impact on water revenues. This reduction in revenue will
be offset to a minimal degree with a reduction in treatment and electric
costs.
The Lubbock Water Advisory Commission recommended these ordinance
revisions.
Chester Carthel, Chief Engineer, Water Utilities, gave comments.
Randy Henson, Senior Planner, also gave comments.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00039 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(56.) Ordinance No. 2004-00041 adopting revisions to the City of
Lubbock's Water Conservation Plan. Hold a public hearing to meet
the public meeting requirements first reading).
ORDINANCE NO.2004-00041
AN ORDINANCE ADOPTING THE CITY OF LUBBOCK WATER
CONSERVATION PLAN; TO PROMOTE WISE AND RESPONSIBLE USE OF
WATER; PROVIDING FOR TARGET GOALS; SUPPORTING PLUMBING
RETROFIT PROGRAMS, REBATE PROGRAMS, REHABILITATION PROGRAMS,
AND RECLAIMED WATER REUSE PROGRAMS; PROVIDING FOR
ADMINISTRATIVE CHANGES; PROVIDING FOR SUPPORT OF EDUCATIONAL
PROGRAMS; PROVIDING A PENALTY OF DISCONTINUANCE OF WATER
SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER
CONSERVATION PLAN; PROVIDING FOR PUBLICATION AND ORDAINING
OTHER MATTERS RELATED TO THE FOREGOING.
Mayor McDougal opened the public hearing at 2:17 p.m. No one
appeared on behalf of the Water Conservation Plan. No one appeared in
opposition. Mayor McDougal closed the hearing at 2:18 p.m.
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These revisions to the Water Conservation Plan (WCP) are more proactive
than the current WCP. The Conservation Subcommittee of the Lubbock
Water Advisory Commission (LWAC) developed and approved these
revisions. They were also reviewed, amended, and approved by the
LWAC at their February 25, 2004 meeting.
The proposed plan sets water conservation strategies and priorities as
follows:
• Implementing structural programs that result in quantifiable water
conservation results;
• Developing, maintaining, and enforcing water conservation policies
and ordinances; and,
• Supporting public education efforts on water conservation and other
related issues.
Major components of the WCP are:
• Target goals to reduce per capita water use from its current 190 gallons
per person per day (gpcd) to 170 gpcd by 2010 and 150 gpcd by 2020;
• Support plumbing retrofit programs;
• Support rebate programs for installation of water conserving devices;
• Support rehabilitation programs for the City of Lubbock's
infrastructure to reduce water loss due to leaks;
• Support programs using reclaimed water;
• Develop and implement water conserving water rates;
• Implementation of plumbing codes that are more stringent on water
conservation than current plumbing codes; and,
• Active enforcement of rules, codes, and regulations on water
conservation.
The Texas Commission on Environmental Quality (TCEQ) has proposed
rules out for public comment on the requirements for municipal water
conservation plans. These rules, when finally adopted, may necessitate
the revision of this proposed WCP.
FISCAL IMPACT:
Reduced water consumption through water conservation efforts could
have a negative impact on water revenues. This reduction in revenue will
be offset to a minimal degree with a reduction in treatment and electric
costs.
The Lubbock Water Advisory Commission recommended these ordinance
revisions.
Chester Carthel, Chief Engineer, Water Utilities, gave comments. He
gave Council a handout stating that where you formerly saw Director of
Public Works, you would now see City Manager.
Randy Henson, Senior Planner, also gave comments.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00040 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
At this time, motion was made by Council Member Martin, seconded by
Council Member Gilbreath, to remove Item 51 from the table. Motion
carried: 6 Yeas, 0 Nays.
The next item reconsidered was Item 51.
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2:36 P. M. Community Development
(57.) Hold a public hearing on the Community Development Service
Board's recommendation for the reallocation of 2003 Community
Development Block Grant (CDBG) funds and program income.
This item was considered following Item 51.
Mayor McDougal opened the public hearing at 2:36 p. m. No one
appeared on behalf of this item. No one appeared in opposition. Mayor
McDougal closed the hearing at 2:37 p.m.
On February I I and March 9, 2004 the Community Development Services
Board (CDSB) met to discuss the reallocation of $250,000 in unspent
2003 CDBG funds and $200,000 in program income from the HOPE III
program. The CDSB reviewed project applications from Spring 2003 that
were either not funded or under -funded, as well as considered new
projects that were recommended. After much discussion, the Board voted
unanimously to approve the following funding recommendations.
For the CDBG Reallocation:
Link Ministries- Facility Renovation $ 75,000
YWCA- Facility Renovation $ 20,000
Fiestas del Llano- Facility Renovation $ 20,000
Community Development- Barrier Free $ 50,000
Community Development- HEEELP $ 25,000
Community Development- Economic Development $ 60,000
For the HOPE III Program Income:
Community Development- New Housing Construction $200,000
This program income is recommended to go to Community
Development's New Construction Program and be designated as HOME
match to assist the City in meeting its required match for the HOME
Program.
The CDSB also recommended that future program income from this
source also be designated as HOME match and used in HOME eligible
projects in order to secure a reliable self-sustaining source for the HUD
required match in order not to affect the City's General Fund.
FISCAL IMPACT:
These funds for reallocation are from past HUD grant projects that were
under budget, and from program income generated from Community
Development projects. By using the HOPE III program income to meet
the HOME match requirement it saves having to request general funds for
this requirement.
This item was for the public hearing to allow for citizens' comments. The
items will be brought back after the required comment period for a vote.
Nancy Haney, Community Development Director, gave comments.
Council Member Martin requested that the Mayor meet with the Board
within the next thirty days and outline items such as code enforcement,
summer youth programs and others. The Mayor agreed to this request.
He asked Ms. Haney to get with Celia Webb and set up a time for him.
The next items considered were Item 60-62.
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ADMINISTRATIVE SERVICES
Civic Services
(58.) Resolution No. 2004-RO158 authorizing the Mayor to sign an
amendment to the License Agreement between the City of Lubbock
and Civic Lubbock, Inc. regarding the solicitation of naming rights
sponsorship for the Municipal Auditorium/Coliseum.
RESOLUTION NO.2004-RO158
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 Amendment to a License Agreement
pertaining to obtaining name sponsorship for the Lubbock Auditorium -Coliseum by and
between the City of Lubbock and Civic Lubbock, Inc., a copy of which Amendment to
said 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
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 Amendment is filed with Resolution No. 2004-R0158.
This item was considered following Item 48.
This amendment will authorize Civic Lubbock, Inc. to pursue naming
rights sponsorships on behalf of the City of Lubbock for the Municipal
Auditorium/Coliseum. The South Plains Professional Hockey Club has
expressed interest once again in pursuing naming rights. Civic Lubbock,
Inc. will work with the Hockey Club to possibly secure a naming rights
sponsor for the facility.
The amendment also provides that Civic Lubbock, Inc. will give the City
30 days notice of a proposed sponsorship and the City will have the option
to refuse the proposal prior to Civic Lubbock, Inc. entering into a written
agreement with any sponsor. If there is no objection by the City, Civic
Lubbock, Inc. will proceed and will be authorized to hold the revenues
from the naming rights sponsorship in a reserve account, less any and all
costs associated with implementing the naming rights sponsorship, such as
conversion of facility signage, brochures, etc. and commissions.
Any other expenditure from the reserve account will require prior City
Council approval.
FISCAL IMPACT:
Additional revenues could be generated, which could benefit the
Auditorium/Coliseum and the City.
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Page 281
Staff recommended approval of this resolution.
Murray Hensley, President, Civic Lubbock, Inc. gave comments.
Motion was made by Council Member Patterson, seconded by Council
Member Gilbreath to pass Resolution No. 2004-R0158 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Boren recused himself.
The next item considered was Item 64.
Fleet Services
(59.) Resolution No. 2004-R0132 for Mobile Fleet Maintenance Washing
and Detailing (Fleet Services).
RESOLUTION NO.2004-R0132
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 for Mobile
Fleet Maintenance (Washing and Detailing) Services and any associated documents by
and between the City of Lubbock and TIBH Industries, Inc., and Marian Moss
Enterprises, 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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0132.
This was the first item considered.
TIBH Industries helps provide employment, through the Texas State Use
Purchase Plus Program, for Texans with blindness and/or other
disabilities. T113H Industries markets excellent products and services of
these exceptional Texans, and serves as the interface between community
rehabilitation centers and the purchasing systems of the State, cities,
school districts, counties, and all other political subdivisions.
_ This is a non-exclusive contract for Marion Moss Enterprises of Lubbock,
Texas to provide mobile car washes to municipal departments on an
as -needed basis during the workweek and on a scheduled basis during the
weekend. Exterior wash is priced at $12.50 per vehicle with a gross weight
of one ton or less and includes complete wash, rinse, and dry. The City
will be billed only $10 per vehicle when the contractor washes 500 more
vehicles within a two -week cycle. The City will be charged $35 per
vehicle with a gross weight over one ton. Optional interior cleaning is
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priced at $5 per vehicle and includes vacuuming, wiping down the
dashboard, and cleaning interior windows.
City departments may schedule fleet vehicles to be washed during the
weekend. The work will be performed on site at the location each vehicle
is assigned. Site locations will be arranged to allow for half the vehicles
to be washed on the first weekend of the month and the balance on the
second weekend. A record shall be kept, using the license plate number of
the vehicle as identification of each wash provided.
Home stored vehicles will be washed at their work locations during the
week, or as an emergency call, when ten vehicles are available at one
location.
The contract term is for one year with an option to renew annually for up
to four additional one-year terms under the same terms and conditions as
the original.
FISCAL IMPACT:
Expenditures for these services are budgeted in the using departments
account number 8202 (Light Equipment Maintenance).
Award contract to TIBH Industries of Austin, Texas and Marian Moss
Enterprises of Lubbock, Texas,
Sheila Kidwell, Crenshaw, Dupree & Milam, gave comments for Marian
Moss Enterprises.
Motion was made by Council Member Gilbreath, seconded by Council
Member Patterson to pass Resolution No. 2004-RO132 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
The next items considered were Items 20-22.
FINANCE
Items 60-62 were considered following Item 57.
BudLyet and Research
(60.) Resolution No. 2004-RO160 authorizing the Mayor to enter into an
agreement engaging the professional services of Kasner & Associates
LLC to perform a Transactional Tax Analysis.
RESOLUTION NO.2004-RO160
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement for
professional services to perform a Transactional Tax Analysis, by and between the City
of Lubbock and Kasner & Associates LLC., and related documents. Said Agreement is
attached hereto, and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Beverly Hodges
Beverly Hodges, CPA Finance Director
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Page 283
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0160.
Businesses are often challenged in determining proper city tax. Texas
local taxes are sited under a variety of methods depending upon the
jurisdiction, the make-up of the business sales force, delivery methods,
and warehousing practices. Transactional Tax Analysis, by extracting and
merging a variety of Lubbock, State and public maintained databases, can
identify businesses that may be incorrectly reporting local taxes. The
review will also include all sales/use tax collections, reporting and
payment practices to identify possible recoveries for past transactional tax
payments by Lubbock to vendors and/or the taxing authorities.
This research will be used to request reallocation of misallocated Lubbock
taxes.
The firm will provide recommendations addressing corrective measures
designed to maximize sales/use monies for future periods. Recoveries
identified and collected for the period of the examination will be prorated
between the City and Kasner & Associates on a 67/33% basis.
There are no additional fees for any future increased business remittances,
or for developing corrective measures recommendations.
FISCAL IMPACT:
The fees associated with this review are on a contingency basis. To the
extent that the project results in recoveries, Kasner & Associates will be
paid 33% of any recoveries, including all out-of-pocket expenses.
Staff recommended approval of this resolution.
Beverly Hodges, Interim Chief Financial Officer, gave comments.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass Resolution No. 2004-RO160 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Martin was away from the dais.
MISCELLANEOUS
Legislation
(61.) Resolution No. 2004-RO161 Authorizing the Mayor to enter into a
contract with Hance Scarborough Wright Woodward & Weisbart for
State legislative consulting services for the City of Lubbock.
RESOLUTION NO. 2004-RO161
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 State
legislative consulting services between the City of Lubbock and HANCE
SCARBOROUGH WRIGHT WOODWARD & WEISBART, and any other 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 Council.
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Page 284
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Goodwin
Bob Goodwin
Corporate Communications Manager
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0161.
Mayor McDougal met with Kent Hance and negotiated the proposed
contract for Legislative services. The contract is for state legislative
consulting services for the City of Lubbock during the current interim,
upcoming 791h Regular Session of the Texas Legislature, and subsequent
interim period. The contract begins on April 1, 2004 and will end on
December 31, 2005.
FISCAL IMPACT:
Under the terms of the contract, the City will pay $10,000 as its initial fee
in April. The City would then pay $5000 per month for the eight months
prior to the start of the 79`h Regular Session. The City will then pay
$10,000 per month during the Regular Session (January through May
2005). Following the Regular Session, the City will again pay $5,000 per
month for June through December 2005. The total cost of the contract is
$135,000. Fees for services provided during a called Special Session will
be negotiated with the exception of the anticipated School Finance Special
Session, whose fees are already included as $5,000 per month under this
contract.
The FY 2003-04 Legislative Budget currently has $82,483 remaining in
the professional services fund for federal and state legislative consulting
services. From this fund, the City is paying Meyers & Associates $7,500
per month plus expenses for federal legislative consulting services. The
City is also contracted until December 31, 2004, with Martin Rochelle for
legal services associated with State water issues. Rochelle's contract is not
to exceed $25,000, and Legal staff estimates approximately $10,000 may
be expended by the end of the current fiscal year. Supplemental funding of
this budget category may be necessary.
Staff recommended approval of this resolution.
Motion was made by Council Member Patterson, seconded by Council
Member Gilbreath to pass Resolution No. 2004-R0161 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Martin was away from the dais.
(62.) Consider minuted action by the City Council establishing the City of
Lubbock's short-term legislative priorities for the upcoming Special
Session on School Finance Reform in the Texas Legislature.
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Page 285
An action item is on the Agenda to consider hiring Hance Scarborough
Wright Woodward & Weisbart for legislative assistance during the interim
and upcoming 79th Regular Session. With a special session dealing with
public school finance looming, Council member Boren requested an
agenda item to provide the new consultants with the City's positions on
the major issues associated with school finance reform and the potential
affect this financial reform may have on municipalities. Specifically, tax
structures, sales tax revenues, property tax appraisals, the maintaining of
local control and autonomy were given as possible issues upon which the
Council should provide an official position.
FISCAL IMPACT:
This item is being discussed because of the potential fiscal impact school
finance reform may have on the City of Lubbock. This item and school
finance reform has not had a fiscal impact upon the organization at this
time.
The short-term legislative priorities of the Lubbock City Council will be
provided to the State legislative consultants as directed by Council.
Bob Goodwin, Corporate Communications Manager, gave staff
comments.
Council Member Boren stated his concern was with the tax structures and
was afraid appraisals would go up and taxes down. He suggested standing
with the school districts and doing everything possible to keep them from
taking a hit.
City Manager Lou Fox gave comments and stated he thought we were still
a "work in process". The ideas that have been thrown out have not been
flushed out. There are ideas and concepts, but no real specific points at
this time. He will keep Council advised as to what exactly the legislature
are thinking and talking about. At some point, we will need a session to
go over these issues to present our position to our delegation.
Council Member Martin stated there was a real danger of special sessions
and the Council should watch all additional items that are added. .
Mayor McDougal stated that we should make sure that this firm
understands that we want to monitor what is going on and particularly
anything that gets added on. He further stated that he and Council
Member Boren had already talked with Mr. Hance about this. Mayor
McDougal also wanted to make sure that the lines of communication were
open between this firm and City Hall.
The next items considered were Items 65-67.
PLANNING AND TRANPORTATION
Business/Nei2hborhood Development
(63.) Ordinance No. 2004-0 approving the amended North Overton
District Tax Increment Finance Reinvestment Zone Project Plan as
adopted by the Board of Directors of the North Overton Tax
Increment Financing Reinvestment Zone first reading).
This item was deleted,
Community Service
(64.) Resolution No. 2004-RO159 authorizing the Mayor to execute a Deed
Without Warranty with the Lubbock Regional Arts Center.
RESOLUTION NO. 2004-RO159
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 Deed Without Warranty
between the City of Lubbock and the Lubbock Regional Arts Center, Inc., and any other
related documents. Said Deed Without Warranty is attached hereto and incorporated in
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Page 286
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 March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell
Community Services Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims
Assistant City Attorney
A copy of the Deed Without Warranty is filed with Resolution No. 2004-R0159.
This item was considered following Item 58.
The Lubbock Regional Arts Center, Inc. (LRAC) has requested the
acquisition of the building and lot at the southwest corner of Fifth Street
and Avenue J. The LRAC desires to use this facility as a photography
center. The Graffiti Abatement Program currently uses this facility to
store vehicles and paint. The employees also work from this facility. The
Graffiti Abatement Program will be relocated to the maintenance shop at
Clapp Pool, 4500 Avenue U. The Environmental Services section of the
Park and Recreation Department previously utilized the facility at Clapp
Pool. The Park employees have been relocated to the Park Central Shop,
1912 Erskine, thus leaving the Clapp shop available.
In October of 2003, the City Council approved a Deed Without Warranty
that transferred the former Fire Administration Facility, 511 Avenue K, to
the Lubbock Regional Arts Center. Approval of this resolution would
transfer the property at Fifth Street and Avenue J to the LRAC. The Deed
Without Warranty conveys the property from the City of Lubbock to the
LRAC as long as the LRAC utilizes the property solely in a manner that
promotes a public purpose. For the purpose hereof, "public purpose" of
the LRAC is "to provide a central home for the arts and to foster the arts
through education, exhibition and performance." If the property ceases to
be so used, all rights, title, and interest conveyed by this instrument shall
automatically revert to and vest in the City.
The property (including any improvements) is located at Fifth Street and
Avenue J, Lubbock, Texas 79410. Legal Description: Lots Sixteen (16),
Seventeen (17), Eighteen (18), Nineteen (19), and Twenty (20) of Block
Twenty -Two (22), Original Town Addition to the City of Lubbock,
Lubbock County, Texas.
FISCAL IMPACT:
Deeding of this property will eliminate any future maintenance,
improvement, and insurance costs for the City of Lubbock.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass Resolution No. 2004-R0159 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
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Council Member Boren was away from the dais.
The next items considered were Items 52-54.
Right -of -Way
Items 65-67 were considered following Item 62.
(65.) Ordinance No. 2004-00043 abandoning and closing three 20 foot
alleys located in Blocks 64, 65, and 125, Overton Addition, 5th Street
between Avenue V and Avenue X, Overton Addition, and Avenue W
between the north right-of-way line of 6th Street and the south
right-of-way line of the existing alley between 4th Street and 5th Street
in the Overton Addition to the City of Lubbock (2301 5th Street) first
reading).
ORDINANCE NO.2004-00043
AN ORDINANCE ABANDONING AND CLOSING THREE 20-FOOT
ALLEYS LOCATED IN BLOCKS 64, 65 AND 125, OVERTON ADDITION, 5TH
STREET BETWEEN AVENUE V AND AVENUE X, OVERTON ADDITION, AND
AVENUE W BETWEEN THE NORTH RIGHT-OF-WAY LINE OF 6TH STREET AND
THE SOUTH RIGHT-OF-WAY LINE OF THE EXISTING ALLEY BETWEEN 4TH
STREET AND 5TH STREET IN THE OVERTON 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.
These alley and street portions in the Overton Addition are being closed as
part of the McDougal North Overton redevelopment project. This
four -block area that includes the alley and street closures is being replatted
into Tract 7 and Tract 8, Overton Park Addition. Since McDougal was not
the original dedicator of these street and alley areas being closed, there
will be a charge for them. The total area of 5th Street being closed is
60,000 square feet, the total area of the three alleys being closed is 36,000
square feet, and the area of Avenue W being closed is 26,500 square feet.
This four -block area, which will be replatted into Tract 7 and Tract 8,
consists of approximately 62% residential zoned properties and 38%
apartment zoned properties. The Right -of -Way Department has come up
with a value of $0.16 for the residential property and a value of $1.10 for
the apartment property. This equates to 62% X 122,500 square feet (total
street and alley area being closed) = 75,950 square feet X $00.16
= $12,152 for the residential zoned street and alley area and 38% X
122,500 square feet = 46,550 square feet X $1.10 = $51,205 for the
apartment zoned street and alley area. Total value for the street and alley
area being closed is $63,357. In the replat, additional street area for 6th
Street, an Avenue W cul-de-sac, and two corner cutoffs will be dedicated
containing a total of 12,098 square feet and these will be valued as a
credit. Using a 62% value of $00.16 and a 38% value of $1.10 for the
12,098 square feet street dedications, a credit will be given of $6,257.08
for the street area dedications. The majority of Avenue W will be
dedicated in the re -plat as a 40-foot underground utility easement for a
credit of $4,385.86 for a total credit of $10,642.94. Therefore, $63,357
minus the credit of $10,642.94 = $52,714.06 due the City.
FISCAL IMPACT:
Income to the City of $52,714.06.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass on first reading Ordinance No. 2004-00043 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
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March 23, 2004
Page 288
Stormwater Management
(66.) Resolution No. 2004-RO162 authorizing the Mayor to execute an
agreement between the City of Lubbock and Parkhill, Smith and
Cooper, Inc., for Construction Period Services for a one mile portion
of the South Lubbock Storm Sewer Project.
RESOLUTION NO.2004-RO162
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 on behalf of the City of Lubbock an Agreement for Engineering Services
pertaining to storm water drainage facilities with Parkhill, Smith & Cooper, Inc., and any
associated documents, which Agreement is attached hereto and which shall be spread
upon the minutes of the City Council and as spread upon the minutes shall be
incorporated in this Resolution is if fully copied herein.
Passed by the City Council this 23rd day of March, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Herted, PE, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G Vandiver, Attorney of Councel
A copy of the Agreement is filed with Resolution No. 2004-RO 162.
This resolution would provide the necessary funding for Parkhill, Smith
and Cooper, Inc., to provide construction inspection services for the
one- mile portion of the South Lubbock Storm Sewer Project that is
currently being constructed in conjunction with the Texas Department of
Transportation (TxDOT). Parkhill, Smith and Cooper, Inc., will provide
on site resident project representation for the City for the duration of the
construction period of the storm sewer plus engineering assistance in
reviewing submittals associated with the design of the storm sewer portion
of the project. As part of this contract they will also provide assistance to
the City for field discovered conflicts or changes.
The construction inspection services will be coordinated through TxDOT
since the actual construction contract is between TxDOT and Price
Brothers Construction. In discussions with TxDOT the projected time
frame for the construction of this one -mile portion of storm sewer is
approximately 120 working days. This storm sewer is part of the overall
widening project of 98`h Street between University Avenue and Indiana
Avenue.
This contract for basic engineering services is a not to exceed amount of
$242,320.
FISCAL IMPACT:
A total of $38,500,000 is currently budgeted for the South Lubbock Storm
Sewer project. Currently, $34,054,000 is available in project funding.
The amount spent to date include the design engineering for the entire
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project, plus the advance payment to TxDOT for the construction of this
one mile section of storm sewer to be included in the 98`h Street paving
project.
Staff recommended approval of this resolution.
Marsha Reed, Civil Engineer, gave comments.
Motion was made by Council Member Gilbreath, seconded by Council
Member Patterson to pass Resolution No. 2004-RO162 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
(67.) Consider one appointment to the Entertainment Lubbock Task Force.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to appoint Velma Medina to the Entertainment
Lubbock Task Force. Motion carried: 6 Yeas, 0 Nays.
(68.) Consider five appointments to the Lubbock Water and Sewer Rate
Review Committee.
This item was deleted.
(69.) Consider three appointments to the North Overton Tax Increment
Finance District.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to reappoint Jack Driskill and Patrick Murfee, and
appoint Richard Trussell to the North Overton Tax Increment Finance
District. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 11.
3:30 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Morrison made a motion to adjourn the meeting.
Read and approved this day ofC 2005.
MARC MCDOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secret
NM