HomeMy WebLinkAboutMinutes - City Council - Regular - 5/25/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MAY 259 2004
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 25th
day of May, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:35 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Council Member Gary 0. Boren, Council
Member Jim Gilbreath, Council Member Tom Martin, Council
Member Frank W. Morrison
Absent: Mayor Pro Tem T. J. Patterson and Council Member Victor
Hernandez
Mayor McDougal called the meeting to order at 7:35 A. M.
The first item considered was Item 1.
CITIZEN COMMENTS
This item was considered following the Pledge of Allegiance.
Two citizens expressed comments to the Council. They were:
• Darwin Harrison appeared regarding ideas to stop the demolition of
the Burrus Grain Elevator.
• Raimund McClain also appeared regarding ideas to stop the
demolition of the Burrus Grain Elevator.
The next item considered was Item 16.
Item 1 was the first item considered.
( 1.) Invocation by Mr. Jerry Ramirez, Youth Minister for Oakwood
Methodist Church.
(2.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
Citizen Comments was the next item considered.
PUBLIC HEARINGS
8:30 A. M. Special Hearing
Items 3-4 were considered following 52.
(3.) Hold a public hearing, pursuant to Section 2-485 of the Code of
Ordinances of the City of Lubbock, to consider a proposed
amendment to Section 2-483 (b) of the Code of Ordinances of the City
of Lubbock defining and clarifying certain conflict of interest
provisions applicable to the Director of Electric Utilities.
Mayor McDougal opened the public hearing at 8:37 a. in. No one
appeared on behalf of the proposed amendment. No one appeared in
opposition. Mayor McDougal closed the hearing at 8:38 a. in.
(4.) Ordinance No. 2004-00058 amending Section 2-483 (b) of the Code of
Ordinances of the City of Lubbock clarifying the definition of
substantial interest as such term applies to the conflict of interest
provisions applicable to the Director of Electric Utilities first
reading).
ORDINANCE NO. 2004-00058
AN ORDINANCE AMENDING SECTION 2-483 (b) OF ARTICLE XVIII OF
CHAPTER 2 OF THE CODE OF ORDINANCES WITH REGARD TO THE
DEFINITION OF SUBSTANTIAL INTEREST AS IT APPLIES TO THE CONFLICT
OF INTEREST PROVISIONS FOR THE DIRECTOR OF ELECTRIC UTILITIES;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Regular City Council Meeting
May 25, 2004
Page 444
Article XVIII of Chapter 2 of the Lubbock Code of Ordinances as passed
by the City Council of the City of Lubbock via Ordinance No. 2004-00021
provides for the creation, qualifications, conduct and responsibilities of the
Electric Utility Board of the City of Lubbock ("Electric Utility Board").
Section 2-483 (b) of that ordinance prohibits the Director of Electric
Utilities from having a substantial interest in any public electric utility
operating within the City of Lubbock.
Currently, under § 171.002 of the Texas Local Government Code, the
definition of "substantial interest" for purposes of determining a conflict
of interest, includes, among other things, pensions, retirement income and
retirement benefits. The current Director of Electric Utilities is retired
from a competing public electric utility and receives retirement benefits
from the public electric utility. As such, as currently written, the Director
has an apparent conflict of interest with the City's ordinance.
The Electric Utility Board, in considering this matter, believes that the
current definition of "substantial interest" as it applies to the Director is
too restrictive and that retirement benefits should not be considered when
determining whether the Director has a conflict of interest. Therefore, the
Board believes that it would be in the best interest of the City's electric
utility to amend Section 2-483 (b) of the Code of Ordinances to exclude
from the definition of "substantial interest" pensions, retirement income
and retirement benefits as it applies to the Director of Electric Utilities.
Please note, however, that if it is determined that the Director of Electric
Utilities falls within the definition of a "local public official" as defined
under § 171.001 (1) of the Texas Local Government Code, regardless of
whether Section 2-483 (b) of the Code of Ordinances is amended as
recommended by the Electric Utility Board, the state statute will supersede
the Code of Ordinances and the Director of Electric Utilities may still have
a conflict of interest as determined by state law.
FISCAL IMPACT:
None.
The Electric Utility Board recommended approval of this ordinance.
Motion was made by Council Member Martin, seconded by Council
Member Boren to pass on first reading Ordinance No. 2004-00058 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
The next items considered were Items 5-15.
8:39 A. M. CITY COUNCIL RECESSED
8:50 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Council Member Gary 0. Boren, Council
Member Jim Gilbreath, Council Member Tom Martin, Council
Member Frank W. Morrison; Lou Fox, Acting City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: Mayor Pro Tem Patterson and Council Member Hernandez
8:45 A. M. Zoning
Items 5-15 were considered following Item 4 and the 8:39 A. M recess
(5.) Ordinance No. 2004-00059 - ZONE CASE NO. 2458-E (north of
Erskine Street and west of North Knoxville Avenue): Hold a public
hearing to consider the request of Ambling Development Co. for a
zoning change from R-1 to A-2 on 20.1 acres of unplatted land out of
Section 18, Block A first reading).
..,
Regular City Council Meeting
May 25, 2004
Page 445
ORDINANCE NO. 2004-00059
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2458-E; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON 23.19 ACRES OF UNPLATTED LAND OUT OF SECTION 18, BLOCK
A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 8:50 a. m. No one
appeared on behalf of Ambling Development Co. No one appeared in
opposition. Mayor McDougal closed the hearing at 8:51 a. in.
The proposal would provide for apartment zoning in a location approved
by the Planning Commission once previously, but withdrawn prior to
approval by the City Council.
Adjacent land uses:
North — vacant
South — Texas Tech, Rawls Golf Course
East — vacant and the Texas Tech equipment storage facility
West — vacant
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policy. The project will have little overall effect on the
thoroughfare system. A street will be installed with eventual access to the
Loop. For the interim, Erskine will provide access back to Indiana and
Quaker (the new Texas Tech Parkway).
The Planning Commission recommended approval of this ordinance.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00059 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
( 6.) Ordinance No. 2004-00060 - ZONE CASE NO.3009 (7402 82°d Street
and 8102 Venita Avenue): Hold a public hearing to consider the
request of Hugo Reed and Associates, Inc. (for Lubbock County) for a
zoning change from T to IHC on Lots 121 and 122, Rancho Verde
Estates Addition first reading).
ORDINANCE NO.2004-00060
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3009; A ZONING CHANGE FROM T TO IHC
ZONING ON LOTS 121 AND 122, RANCHO VERDE ESTATES ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 8:50 a. m. No one
appeared on behalf of Lubbock County. No one appeared in opposition.
Mayor McDougal closed the hearing at 8:51 a. in.
The two lots on 82nd Street and Venita, in the area annexed in 1999, are
owned by Lubbock County. The County Commission is in the process of
selling a portion and is requesting zoning for IHC from the current T.
Adjacent land uses:
North — residential
South — commercial
East — commercial
West — commercial
445
Regular City Council Meeting
May 25, 2004
Page 446
Zone cases in the area on both the north and south side of 82nd Street in
this location have been zoned Interstate Commercial at various times over
the past few years. This request is consistent with the Comprehensive
Land Use Plan and zoning policy. The request should have little impact on
the thoroughfare system. Staff is requesting that the zone case limit the
parcel adjacent to one curb cut, which will most likely be a common return
for two or more business locations.
The Planning Commission recommended approval of the request with one
condition:
1. The frontage along 82nd Street shall have only one curb cut between
the alley and Venita; it may be a common or shared return if the
property is replatted.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00060 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(7.) Ordinance No. 2004-00061 - ZONE CASE NO. 1864-I (3409
Milwaukee Avenue): Hold a public hearing to consider the request of
Elks Lodge #1348 for a zoning change from C-4 to C-4 Specific Use
for a private RV Park on the south 100 feet of Tract F, Park Lorraine
Addition first reading).
ORDINANCE NO.2004-00061
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1864-1; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE FOR A PRIVATE RV PARK ON THE SOUTH 100 FEET OF TRACT
F, PARK LORRAINE ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 8:50 a. m. No one
appeared on behalf of Elks Lodge #1348. No one appeared in opposition.
Mayor McDougal closed the hearing at 8:51 a. m.
When the Elks Lodge originally requested a construction permit, a
proposal was included in the plans for a number of drive-thru
travel -trailer spaces. When the plans were actually issued to the contractor
with a construction permit, the trailer spaces were marked off as not being
a permitted use by the existing C-4 zoning. Travel -trailer spaces require a
Specific Use Permit.
Representatives of the Lodge were not aware of the exclusion of the
spaces until a permit was requested by a different contractor on the trailer
spaces. The miscommunication has created a time hardship for the Lodge
as they are having a grand opening early this summer. The proposed
spaces are not proposed as a public facility; they will be limited to
members of the Elks Lodge system that are traveling through Lubbock.
Adjacent land use:
North — the new Elks Lodge
South — residential
East — apartments
West — vacant across Milwaukee
Only one of the property owners on 351h Street submitted a letter of
opposition. Mr. Wilhite had not been able to contact her. The proposed use
will not have much impact on anyone else. The proposal is similar to
ME
Regular City Council Meeting
May 25, 2004
Page 447
hook-ups located adjacent to the former Methodist Hospital, to serve a
specific group and not the general traveling public.
The Planning Commission recommended the request with the following
condition:
1. The RV spaces shall be used only by Elks' members and guests.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00061 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(8.) Ordinance No. 2004-00062 - ZONE CASE NO. 3010 (7601 19th
Street): Hold a public hearing to consider the request of Jan Hubble
for zoning change from T to C-4 with conditions on 0.45 acres of
unplatted land out of Section 42, Block AK first reading).
ORDINANCE NO. 2004-00062
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3010; A ZONING CHANGE FROM T TO C-4
ZONING ON 0.45 ACRES OF UNPLATTED LAND OUT OF SECTION 42, 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 8:50 a. m. No one
appeared on behalf of Jan Hubble. No one appeared in opposition. Mayor
McDougal closed the hearing at 8:51 a. m.
The applicant is requesting zoning at 19th Street and Yuma Street for
development of a store specializing in farm and ranch equipment.
Adjacent land uses:
North — mixed land uses
South — vacant
East — mixed land uses
West — mixed land uses
The proposal, subject to a list of exclusions similar to a large case
processed on adjacent parcels in 1991 (Ordinance 9480), is consistent with
the Comprehensive Land Use Plan and zoning policy. 19'h Street is a
regional highway, making the C-4 request a policy request. The project
will have no impact on the thoroughfare system.
One adjacent owner submitted a comment sheet in favor "if the zoning has
the same restrictions as his". The proposed list of prohibited uses is from
the zone case on his property with one deletion, that being "feed store".
Although this proposed use is not primarily a feed store, they may sell
some feed products. Removing the one prohibited use will make sure no
misunderstanding happens in the future.
The uses shall be limited to unconditionally permitted C-4 uses except:
• Automobile body shops
• Billboards
• Commercial private clubs and teenage clubs
• Dancehall
• Used furniture store
• Game room except as an incidental use, pool, billiard and/or domino
parlor
447
Regular City Council Meeting
May 25, 2004
Page 448
• Motorcycle shop
• Second hand goods store or pawn shop
• Used car lot
• Nightclubs
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00062 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
( 9.) Ordinance No. 2004-00063 - ZONE CASE NO. 1615-I (6002 Slide
Road): Hold a public hearing to consider the request of Cingular
Wireless (for Macerich Lubbock Limited Partnership) for a zoning
change from C-3 to C-3 Specific Use for a cellular transmission tower
and all permitted C-3 uses on a 30-foot by 20-foot parcel out of Tract
A, South Plains Addition first reading).
ORDINANCE NO. 2004-00063
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1615-I; A ZONING CHANGE FROM C-3 TO C-3
SPECIFIC USE FOR A CELLULAR TRANSMISSION TOWER ON A 30-FEET BY
20-FEET PARCEL OUT OF TRACT A, SOUTH PLAINS ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
1 Mayor McDougal opened the public hearing at 8:50 a. m. No one
appeared on behalf of Macerich Lubbock Limited Partnership. No one
appeared in opposition. Mayor McDougal closed the hearing at 8:51 a. m.
With regard to Zone Case 1615-I, the Federal Communications Act
specifies five provisions be addressed during consideration of a request to
install a PCS or cellular tower:
Reasonableness — Local governments may not discriminate between
carriers or use zoning provisions that effectively prohibit the provision of
service.
The intent of Congress is not to deny localities the flexibility to treat
similar service providers differently on the basis of varying setback, height
or safety requirements when proposals are in different zoning districts. IE:
A request in, or adjacent to, residential can be considered with a different
perspective than one in commercial or industrial.
Timeliness — The hearing process must occur within a reasonable time
frame.
Documentation — A denial by the Planning Commission or City Council
must be in writing and substantiated by evidence contained in written
records. The application should be detailed in writing, and a written
evaluation of the application by staff should be presented. The minutes
should reflect in detail any opposition or support for the request.
Site Criteria — The effect of the electromagnetic field created by cellular or
PCS may not be a factor in the consideration of a tower. Presumably, FCC
guidelines are in effect which provide a safe electromagnetic atmosphere
in the immediate vicinity of towers.
Court jurisdiction — Challenges to denied zone cases must be filed in state
or federal court.
REVIEW OF STATED PURPOSE/GOALS FOR TOWERS [SECTION
29-30(B)(8)]:
448
Regular City Council Meeting
May 25, 2004
Page 449
Encourage the location of towers in non-residential areas
minimize the total number of towers throughout the community
and
The proposed location is in a commercial district. Placed in the
service area of the Mall, the location is as discrete as possible. The
tower is designed to carry two users as outlined in the Code.
2. Encourage strongly the joint use of new and existing tower sites.
There are no existing towers or buildings tall enough to provide the
desired capacity in the search ring for this proposed tower. The
closest towers are south of the Loop and east of Slide Road and
adjacent to Sam's Club.
3. Require users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is
minimal.
This is the toughest aspect of tower requests. This particular
proposed location is the least obtrusive of any zone case processed
in the last several years.
The proposed tower is designed as a stealth installation, with the
shape of the antennae disguised from the normal array.
4. Require users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and
antennas.
As noted, this proposed location has the least exposure of any
tower in Southwest Lubbock. Discussion by the Planning
Commission seemed to be in agreement with the secluded location
of this proposed tower in the service area in the middle of the
South Plains Mall.
The Planning Commission recommended approval of the request with one
condition:
1. The tower shall be the proposed stealth facility; installation of the
proposed decorative lights is optional.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Randy Henson, Senior Planner, gave a presentation.
Council Member Martin stated that in an earlier meeting, discussion was
had about obtaining the ordinance and standards for cell towers from
Santa Fe, New Mexico. Mr. Henson stated he had obtained those.
Council Member Martin asked if the Planning Commission had reviewed
these. Mr. Henson did not understand the Planning Commission was to do
so.
Council Member Martin requested that Council instruct the Planning
Commission to start a real review of cell tower policy and zoning
requirements. He also mentioned to City Manager Fox that the cell
industry should understand that the City expects franchise fees for rental
of the right-of-ways.
City Manager Fox stated that he would take a look at this.
Council Member Boren brought up height restrictions and stated he
thought the cell tower policy should be looked at.
Mayor McDougal asked if it was appropriate to visit with Planning and
Zoning about looking at the above items. Then appoint a five -member
task force with the chair and one other member coming from P&Z and the
449
Regular City Council Meeting
May 25, 2004
Page 450
others coming from the cell industry. He asked Mr. Henson to take this to
the Planning Commission and report back at the Council meeting
following their Planning Commission meeting.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00063 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(10.) Ordinance No. 2004-00064 - ZONE CASE NO. 2126-D (east of
Chicago Avenue and south of Belmont Avenue and 53rd Street): Hold
a public hearing to consider the request of Hugo Reed and Associates,
Inc. (for The Smyrl Group, Inc.) for a zoning change from A-1 and
A-2 to A-2 on 16.4 acres of unplatted land out of Section 28, Block E-2
first reading).
ORDINANCE NO.2004-00064
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2126-D; A ZONING CHANGE FROM A-1 AND A-2
TO A-2 ZONING ON 16.4 ACRES OF UNPLATTED LAND OUT OF SECTION 28,
BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 8:50 a. m. No one
appeared on behalf of The Smyrl Group, Inc.. No one appeared in
opposition. Mayor McDougal closed the hearing at 8:51 a. in.
The applicant wants to "clean up" the current mixture of A-1 and A-2
zoning on the parcel. It is partly A-2 and an old A-1 case that has some
outdated conditions attached. The applicant has submitted a list of
conditions proposed for the property. The proposed conditions are stated
exactly in the manner that exists on the current A-2 portion of this site
(approximately 60% of the total site). The conditions, made within an A-2
Specific Use Permit, address the setback for a perimeter fence, to use the
back of garage units as the required fence, and density. The interior sitting
of buildings needs to remain flexible until the drainage analysis is
complete.
By developing this parcel that contains a major drainage way, the tract
will have a reduced overall density by default. That constraint is the
primary reason the applicant is requesting A-2 so three-story portions of
the buildings can augment the total number of units. Two adjacent owners
submitted a letter in opposition. Delbert McDougal withdrew his
opposition during the Planning Commission meeting. Ben Stribling has
not offered a withdrawal, but expressed to the applicant a concern about
the density allowed by A-2. As noted, with the drainage easement the
ultimate density of units on the parcel will be one unit per 2,715 square
feet of land, which is just under the minimum required for single-family
garden homes (1/2,800). The original standard in the vicinity was l/1500.
Adjacent land use in all directions is either existing or proposed apartment
development.
The project conforms to the Comprehensive Land Use and zoning policy.
The project should have little additional impact on the overall
thoroughfare system.
The Planning Commission recommended the request as A-2 Specific Use
with the following conditions:
a. That a screening fence may occupy the perimeter of the site on the
property line (zero setback), except that any fence or other
obstructions in the future drainage easement (53`d and Chicago) shall
be subject to review and approval by the City Engineer.
b. That any fences shall be constructed so as not to interfere with the
normal visibility triangles at the street corners.
450
Regular City Council Meeting
May 25, 2004
Page 451
c. That the perimeter fence may be the rear wall of the garages where a
solid brick is used for the construction of the garage as indicated on
the proposed site plan for this case (the setback will be reduced to less
than 15 feet.
d. That 3-story portions of the structures shall be permitted (to A-2 height
limits), otherwise the project shall meet all other A-1 standards.
e. Tied to the proposed site plan with flexibility on building location
based on the final drainage analysis.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00064 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(11.) Ordinance No. 2004-00065 - ZONE CASE NO. 2245-A (5012 50`h
Street): Hold a public hearing to consider the request of Jeanne
Erculiani (for Erculiani Ent. Inc.) for a zoning change from AM to
C-2 on Lot 536, Kuykendall Heights Addition (first reading).
ORDINANCE NO. 2004-00065
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2245-A; A ZONING CHANGE FROM AM TO C-2
ZONING ON LOT 536, KUYKENDALL HEIGHTS ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 8:50 a. in. No one
appeared on behalf of Jeanne Erculiani. No one appeared in opposition.
Mayor McDougal closed the hearing at 8:51 a. m.
This parcel has been owned by the County of Lubbock for many years. It
has been used as a party house and has an EMS station on the north
portion. The County is proposing to sell the property. It is zoned AM.
Adjacent land use:
North — residential
South — commercial
East — commercial and residential
West — commercial
The proposal meets Comprehensive Land Use Plan policy and zoning
policy. Any new construction on the north portion of the parcel will
require a screening fence for the existing residential to the north and east.
The application is not clear if the County will retain any of the lot. The
project should have little or no effect on the thoroughfare system.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00066 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(12.) Ordinance No. 2004-00066 - ZONE CASE NO. 3007-A (6722 82°d
Street): Hold a public hearing to consider the request of Eddie Scott
and Keith McNeese for a zoning change from T to C-4 Specific Use
for mini -warehouses on 2.39 acres of unplatted land out of Section 20,
Block AK first reading).
451
Regular City Council Meeting
May 25, 2004
Page 452
ORDINANCE NO. 2004-00066
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3007-A; A ZONING CHANGE FROM T TO C-4
SPECIFIC USE FOR MINI -WAREHOUSES ON 2.39 ACRES OF UNPLATTED
LAND OUT OF SECTION 20, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 8:50 a. m. No one
appeared on behalf of Eddie Scott and Keith McNeese. No one appeared
in opposition. Mayor McDougal closed the hearing at 8:51 a. m.
The Planning Commission approved a request last month for C-3 adjacent
nd
to 82 Street on the front 265 feet of the lot. During that zone case,
discussion of a C-4 Specific Use for mini -warehouse development on the
north part of the parcel was eliminated based on testimony from an
adjacent property owner.
The Code provides that a case may be re -filed in less than one year "if
conditions have changed". In this instance, the applicant was not at the
first meeting and did not have a well -developed site plan. In addition, the
applicant had gathered a significant amount of support from other adjacent
property owners that were not present during the May hearing. Staff made
a determination that the applicant described sufficient "changed
conditions" to warrant a new hearing.
During both hearings, the owners of the nursery to the east made an
impassioned objection to the C-4 mini -warehouse portion of the project,
suggesting that they were hoping for a "higher" level of redevelopment in
the area. If the existing nursery were proposed as a new use today the
property would need to be zoned C-4, the same base -zoning district as
requested by the applicant.
Adjacent Land Uses:
North — mixed land uses
South — vacant
East — plant nursery and an indoor skate facility
West vacant
The parcel is a 660-foot deep lot off 82nd Street and part of an unplatted
subdivision developed long before the area was annexed in 1999. Uses in
the subdivision include every imaginable type. The use on the particular
lot in question has been essentially a junkyard. The current owner is in
violation of a number of ordinances and is attempting to sell the lot and
move out of the City.
The request for mini -warehouse development on the north 60% of the lot
is based on the depth of the lot from 82nd Street being too deep to support
strip retail commercial development. Several parcels elsewhere in
Lubbock (82nd Street and University Avenue, 50th Street and Utica, 50th
Street and Indiana, 50th Street and Flint) have had successful "out of the
way" mini projects behind commercial on the adjacent thoroughfare.
The request is a minor revision of the Comprehensive Land Use Plan, as
amended to include the annexed area. Although the existing strip
commercial west of this location is incorporated in the policy map, the
frontage of this subdivision on 82nd Street was left as "residential" on the
amended Comprehensive Plan primarily not knowing how the area would
redevelop. The request for commercial on the frontage is not unexpected
and, with the amount of strip commercial on 82nd Street west of Frankford
Avenue, will not create an issue.
The project should not cause an issue with the thoroughfare system.
452
Regular City Council Meeting
May 25, 2004
Page 453
After a lengthy discussion with the one opponent and a number of adjacent
owners in support of the request, the Planning Commission is
recommending approval of the request.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00066 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(13.) Ordinance No. 2004-00067 - ZONE CASE NO. 3011 (2201-2223 Main
Street): Hold a public hearing to consider the request of McDougal
Construction Ltd. 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 56, Overton Addition first reading).
ORDINANCE NO. 2004-00067
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3011; A ZONING CHANGE FROM R-2 TO A-2
SPECIFIC USE FOR THREE-STORY TOWNHOMES WITH REDUCED FRONT
SETBACKS ON LOTS 1-12, BLOCK 56, OVERTON ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Senior Council Member Morrison opened the public hearing at 9:07 a. in.
No one appeared on behalf of McDougal Construction Ltd. No one
appeared in opposition. Council Member Morrison closed the hearing at
9:08 a. in.
Zone case 3011 and 3012 are "mirror" requests in the same block adjacent
to Main Street. The Planning Commission combined the public hearings.
Following the Overton Park Proposed Land Use illustrated in the Site
Design Guideline booklet, the McDougal group is proposing two block
faces for residential development. The applicant is requesting the A-2
District to accommodate the three-story construction. Ownership of the
individual units will be as condominium.
Adjacent land uses:
North — a mirror project
South — commercial
East — vacant
West — town -home project recently approved
The proposal is consistent with the amended Comprehensive Land Use
Plan for the Overton redevelopment project and with zoning policies. The
intent of the overall development is a concept known as "new urbanism",
the objective of which is to create a higher density of land use and an
atmosphere of "live, work and play" versus the more traditional staunch
separation of the various land uses.
At the Planning and Zoning Commission public hearings, Roger Settler,
owner of a parcel on Broadway, was the only person to speak in
opposition to the proposal. His assessment is that the density is too high
and that some of the proposed redevelopment is similar to the zoning
mistakes made in the early 1970s (for apartments) that began the spiral of
deterioration in Overton North.
Staff position is that the current redevelopment is based on an overall
master plan with quality development, and in no manner is a repeat of the
ill-fated objectives from the 1970s.
With the Specific Use Permit, the site plan is proposing a ten -foot setback
on Avenue U and Avenue V and a fifteen -foot setback from Main and the
453
Regular City Council Meeting
May 25, 2004
Page 454
alley property lines. Staff and McDougal Properties are continuing to
discuss the optimal orientation of the units as they relate to Main Street, so
the site plan approved by the Planning Commission is only a reference to
setback. Approval by the Commission also includes a graphic
representation of the building elevations. The developer will provide a
final site plan and the final building elevations at the Council level.
The Planning Commission recommended approval with the noted
flexibility for the final site plan.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Gilbreath, seconded by Council
Member Martin to pass on first reading Ordinance No. 2004-00067 as
recommended by staff. Motion carried: 4 Yeas, 0 Nays.
Mayor McDougal recused himself.
(14.) Ordinance No. 2004-00068 - ZONE CASE NO.3012 (2102-2124 Main
Street): Hold a public hearing to consider the request of McDougal
Construction Ltd. for a zoning change from R-2 to A-2 Specific Use
for three-story town -homes with reduced front setbacks on Lots
13-24, Block 57, Overton Addition first reading).
ORDINANCE NO. 2004-00068
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3012; A ZONING CHANGE FROM R-2 TO A-2
SPECIFIC USE FOR THREE-STORY TOWNHOMES WITH REDUCED FRONT
SETBACKS ON LOTS 13-24, BLOCK 57, OVERTON ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Senior Council Member Morrison opened the public hearing at 9:07 a. m.
No one appeared on behalf of McDougal Construction Ltd. No one
appeared in opposition. Council Member Morrison closed the hearing at
9:08 a. m.
Following the Overton Park Proposed Land Use illustrated in the Site
Design Guideline booklet, the McDougal group is proposing two block
faces for residential development. The applicant is requesting the A-2
District to accommodate the three story construction. The ownership will
be as condominium units.
Adjacent land uses:
North — vacant
South — proposed residential
East — vacant
West — apartments
The proposal is consistent with the amended Comprehensive Land Use
Plan for the Overton redevelopment project and with zoning policies. The
intent of the overall development is a concept known as "new urbanism",
the objective of which is to create a higher density of land use and an
atmosphere of "live, work and play" versus the more traditional staunch
separation of the various land uses.
With the Specific Use Permit, the site plan is proposing a ten -foot setback
on Avenue U and Avenue V and a fifteen -foot setback from Main and the
alley property lines. Staff and McDougal Properties are continuing to
discuss the optimal orientation of the units as they relate to Main Street, so
staff is using the current site plan as a reference for only the setback. Staff
will request an actual site plan and the final building elevations be
included in the Permit at the Council level if the request is approved.
454
Regular City Council Meeting
May 25, 2004
Page 455
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Gilbreath, seconded by Council
Member Martin to pass on first reading Ordinance No. 2004-00068 as
recommended by staff. Motion carried: 4 Yeas, 0 Nays.
Mayor McDougal recused himself.
(15.) Ordinance No. 2004-00069 - ZONE CASE NO. 3013 (405, 408, 504
and 508 Avenue W, 406 and 416 Avenue V, 2202-2224 5`h Street,
2201-2223 5th Street, 2303-2309 51h Street, 2304-2310 5t11 Street): Hold
a public hearing to consider the request of McDougal Construction
Ltd. for a zoning change from R-2 and A-2 to A-3 Specific Use for a
multifamily residential complex on Lots 13-24 and the south 79.46 feet
of Lots 1-12, Block 64, Overton Addition; Lots 1-24, Block 65,
Overton Addition; Lots 20-24, Block 124, Overton Addition; and Lots
1-5 and 20-24, Block 125, Overton Addition Urst reading).
ORDINANCE NO. 2004-00069
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3013; A ZONING CHANGE FROM R-2 AND A-2 TO
A-3 SPECIFIC USE FOR A MULTIFAMILY RESIDENTIAL COMPLEX{ ON LOTS
13-24 AND THE SOUTH 79.46 FEET OF LOTS 1-12, BLOCK 64, OVERTON
ADDITION; LOTS 1-24, BLOCK 65, OVERTON ADDITION; LOTS 20-24, BLOCK
124, OVERTON ADDITION; AND LOTS 1-5 AND 20-24, BLOCK 125, OVERTON
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Senior Council Member Morrison opened the public hearing at 9:07 a. m.
No one appeared on behalf of McDougal Construction Ltd. No one
appeared in opposition. Council Member Morrison closed the hearing at
9:08 a. m.
The proposal will accommodate the third project of the Dinerstein Group
in the Overton redevelopment, an apartment complex directed at student
residents.
Adjacent land use:
North — commercial
South — vacant
East — vacant
West — vacant
The project is styled as A-3 Specific Use. The Specific Use Permit will
accommodate several site -specific items:
• Four story construction of some of the buildings.
• The proposed site plan moves the buildings to the perimeter with no
parking adjacent to any street. The objective of the structures being
located on the perimeter is to create the "urban" feel that is the overall
objective for redevelopment of the area. Parking is all interior to the
complex.
• The site plan illustrates setback somewhat less than standard A-3, thus
the need for the Specific Use Permit. Final building location is pending
an engineering and utility design for the parcel.
• The site plan, building elevations and roof material will be specific and
consistent with the overall development.
• The exterior of buildings adjacent to 61h Street and Avenue V will be
primarily masonry.
455
Regular City Council Meeting
May 25, 2004
Page 456
• The balance of the building faces are composed of a mixture of brick,
stone, stucco, painted wood, and painted fiber cement siding.
• The roof is a concrete tile with a trade name "Spanish Antique ". It is
similar to the tiles used on the Tech campus on various projects.
• The closed Avenue W will provide a "back" entrance from 4'h Street.
Staff recommended the proposal for approval by the Commission with the
understanding that building locations, final building facade material
details, and the proposed facade elevations of buildings that face 61h Street
and Avenue V be complete when the City Council considers the request.
The project is consistent with the concept included in the amended
Comprehensive Land Use Plan for the redevelopment area, as well as
zoning policies.
The project will have no more than the anticipated effect on the
thoroughfare system. Dinerstein is working with Texas Tech to include the
properties on the Tech bus route. Such efforts should reduce a lot of town
and Tech traffic and parking issues.
With the noted finalization of the site plan and building elevations, the
Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Gilbreath, seconded by Council
Member Martin to pass on first reading Ordinance No. 2004-00069 as
recommended by staff. Motion carried: 4 Yeas, 0 Nays.
Mayor McDougal recused himself.
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; and competitive matters of the public power
utility" as provided by Subchapter D of Chapter 551 of the Government
Code, the Open Meetings Law."
9:09 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except Council Member
Hernandez.
(15A.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Cemetery; Electric Utilities; Fire; Right -of -Way).
(15B.) 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 (Water Utilities).
(15C.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary; Municipal Court Judge) and
take appropriate action.
(15D.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
Regular City Council Meeting
May 25, 2004
Page 457
to deliberate, vote, and take final action on a competitive
matter regarding wholesale firm energy agreements, natural
gas supply agreements and generation dispatching agreements
by Lubbock Power and Light;
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding
operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans
and studies of Lubbock Power and Light; and
to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West
Texas Municipal Power Agency.
10:37 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tem T. J. Patterson, Council
Member Gary 0. Boren, Council Member Jim Gilbreath, Council
Member Tom Martin, Council Member Frank W. Morrison; Lou
Fox, Acting City Manager; Anita Burgess, City Attorney; and
Rebecca Garza, City Secretary
Absent: Council Member Victor Hernandez,
Mayor McDougal called the meeting to order at 10:37 A. M.
The first item considered was Item 34.
CONSENT AGENDA (16-28, 30-32, 35, 37)
Item 16 was considered following Citizen Comments.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to approve Items 16-28, 30-32, 35, 37 on consent agenda
as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(16.) Approval of Minutes: May 6, 2004
Regular City Council Meeting
(17.) Ordinance No. 2004-00055 amending Chapter 14 of the Code of
Ordinances of the City of Lubbock, Texas, with regard to adding the
definitions of property or premises, drilling, and operation, amending
the required insurance for oil and gas drilling and amounts and
providing a penalty (second and final reading).
ORDINANCE NO. 2004-00055
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO;
REQUIRED INSURANCE FOR OIL AND GAS DRILLING AND AMOUNTS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Since the initiation of a drilling ordinance in the 1950s, one requirement of
the process is a bond in the amount of $10,000 that is intended to cover
damages to public improvements (sidewalks, curbs, etc.). None of the
coverage under the bonds relates to private property or injury to persons.
Another requirement of permit holders has been the provision of
insurance. The permit holders in Lubbock have always had a significantly
higher umbrella of coverage than required in our Code because of their
company liability issues.
During the past five years, bonds have been increasingly more difficult to
obtain, and it is the understanding of the staff that the bond companies
would make the City sue to collect. Since the bond amount is only
457
Regular City Council Meeting
May 25, 2004
Page 458
$10,000, the process for collection would cost more than the recovery.
Also, the cost of bonding has dramatically increased. With those two
circumstances, the Legal Department worked with Risk Management to
propose an amendment to the current code to delete the bond requirement
entirely and bring the language in the insurance section into line with
current practice. The opinion of the staff is that insurance will be an easier
source of compensation from the drilling permit holders for both the
public and private sectors.
The ordinance also includes three new definitions: "drilling, operation,
and unitize pool, or force pool".
Since the first reading, the following are changes made to the proposed
ordinance:
1) In Sec. 14-128 (b), the requirement to keep the insurance after
production operations have ceased is decreased from 5 years to 3
years.
2) In Sec. 14-128 (c), if the required clean up is not conducted, the City
will only pull the current permit rather than all the permits of the
permittee.
3) Sec. 14-128 (d) has been added to provide that any permittee that is
in compliance with the provisions of this proposed ordinance, prior
to its effective date, will be deemed in compliance.
FISCAL IMPACT:
Not Applicable.
Staff supported approval of the second and final reading of this ordinance.
(18.) Ordinance No. 2004-00056 abandoning and closing a portion of East
22"d Street adjacent to Block 4 of Wheelock's Second Addition to the
City of Lubbock (2201 Ash Avenue) first reading).
ORDINANCE NO.2004-00056
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST
22No STREET ADJACENT TO BLOCK 4 OF WHEELOCK'S SECOND ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a portion of East 22"d Street just east
of Ash Avenue. At one time, East 22"d Street ran from Ash Avenue
eastward to Southeast Drive. Over the years, all of this street area has been
abandoned and closed except for this one portion. This ordinance closes
the south half (25 feet in width) of East 22"d Street from the east line of
Ash Avenue eastward 140-feet to the west line of the north -south alley
between Ash Avenue and Birch Avenue. Edward Canady, and wife
Shirley Canady, are the requestors of this street closure and they own the
abutting property on the south side of this street portion being closed.
Since they were not the original dedicators of this street area, there will be
a charge for it. The Right -of -Way Department recommended a selling
price of $125 for this 25-foot wide parcel. The Council recommended the
sale of excess parcels along Indiana Avenue from 341h Street to 501h Street
for $5 per front and using this $5 per front foot price, a selling price of
$125 is determined.
FISCAL IMPACT:
$125 revenue to the City.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
Regular City Council Meeting
May 25, 2004
Page 459
(19.) Resolution No. 2004-RO234 authorizing the Mayor to execute two U.S.
Department of Agriculture Farm Service Agency Powers of Attorney
with Rex Kennedy and Kurtis Thomas (southwest water reservoir
site, northeast corner FM 1585 and Milwaukee Avenue).
RESOLUTION NO.2004-RO234
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, two Powers of Attorney
appointing Rex Kennedy and Kurtis Thomas to act for the City of Lubbock for
agricultural programs with the Farm Service Agency, and all related documents. Said
Powers of Attorney are attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25th day of May, 2004.
/S/ M A RC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of the Power of Attorney is filed with Resolution No. 2004-R0234.
The City Council approved an agricultural power of attorney with Kelly
Thomas at the September 27, 2002 City Council meeting. The 160-acre
southwest water reservoir site (NEC of Milwaukee Avenue and FM 1585)
is farmed by Mr. Thomas. He was recently injured in a motorcycle wreck
and his two partners will now farm the property. An important factor in a
farmer's operations is the ability to qualify for government programs and
sign up for them. These Farm Service Powers of Attorney allow these
farmers to sign up for these programs for themselves and the City. They
will receive income from the government for the program(s) that they
enroll in. Since the City is a tax-exempt governmental entity, it is put in a
pool with all other tax exempt entities for a yearly drawing in Texas. The
City won this pool one time in the 1980s.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of this resolution.
(20.) Resolution No. 2004-RO235 authorizing the Mayor to execute a Federal
Transit Administration Section 5307 Grant Project #TX-90-X633-00), to provide
operating, capital, and planning assistance for FY 2004.
459
Regular City Council Meeting
May 25, 2004
Page 460
RESOLUTION NO.2004-RO235
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 Federal Transit
Administration FY 2004 Section 5307 Grant, TX-90-X633-00. Said Grant 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 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer
Managing Director of Planning & Training
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Grant is filed with Resolution No. 2004-R0235.
Citibus has electronically applied for, and been allocated, a Federal Transit
Administration Section 5307 Grant (Project #TX-90-X563-00) for FY
2004 in the amount of $1,306,330. This is a routine grant that Citibus
receives on an annual basis. The Lubbock Public Transit Advisory Board
has approved the FTA Section 5307 grant and it has been incorporated
into the FY 2004 budget, which has been previously approved by the City
Council. The funds for this grant will be used for operating assistance, the
purchase of paratransit vehicles, preventative maintenance, ADA
paratransit, miscellaneous support equipment, planning assistance, and bus
shelters.
Federal Transit Administration regulations require that all grants must be
applied for and executed electronically. Therefore, Citibus would like to
request that the Mayor allow Mr. John Wilson, Citibus General Manager,
to execute this grant, once approved by the City Council.
FISCAL IMPACT:
The match of $326,583 required for this grant has already been included in
the Citibus budget. Acceptance of this grant will result in no additional
cost to the City of Lubbock.
Citibus recommended approval of this resolution.
(21.) Resolution No. 2004-RO236 authorizing acceptance of water and
sanitary sewer improvements for Lots 1— 63, Ravenwood Addition to
the City of Lubbock, Lubbock County, Texas, between 981n Street and
1001h Place, and between Memphis and Orlando Avenues.
RESOLUTION NO.2004-RO236
A RESOLUTION ACCEPTING LOTS 1 - 63, RAVENWOOD ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
f
Regular City Council Meeting
May 25, 2004
Page 461
WHEREAS, the developer of Lots 1 - 63, Ravenwood Addition to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $152,555.32 with the
improvements constructed by Utility Contractors of America, having a value of
$123,325.50 as determined by the unit prices established by said Chapter 28, and
$29,229.82 cash paid to the City, which amount includes $23,597.71 cash for adjacent
lines, with Utility Contractor Of America, the developer, to receive a refund of
$39,198.24 in accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of 39198.24 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, Interim Chief Engineer, Public Works
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost
of the improvements is $152,555.32 and has a value of $123,325.50 as
determined by the unit prices established by said Chapter 28. Cash paid to
the City of Lubbock is $29,229.82 that includes $23,597.71 as adjacent
mains. The Developer, Carl M. Russell Land Development, LLC, will
receive a refund of $39,198.24 in accordance with Chapter 28, of the Code
of Ordinances of the City of Lubbock. There is no refund deposit.
The subdivision is located between 98`h Street and 100`h Place, and
between Memphis and Orlando Avenues.
FISCAL IMPACT:
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City of Lubbock. The value
461
Regular City Council Meeting
May 25, 2004
Page 462
of the system is added to the City of Lubbock, and there are no
expenditures involved in accepting the ownership.
The system, when accepted, will produce revenue to the City of Lubbock
by sale of water and sewer services to the public.
Staff recommended approval of this resolution.
(22.) Resolution No. 2004-RO237 authorizing acceptance of water and
sanitary sewer improvements for Lots 46 - 65, King's Ridge Addition
to the City of Lubbock, Lubbock County, Texas, between 101" and
103rd Streets, and between Orlando and Quaker Avenues.
RESOLUTION NO. 2004-RO237
A RESOLUTION ACCEPTING LOTS 46 - 65, KINGS RIDGE ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 46 - 65, King's Ridge Addition to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $39,028.98 with the
improvements constructed by Utility Contractors of America, having a value of
$29,435.70 as determined by the unit prices established by said Chapter 28, and
$9,593.28 cash paid to the City, which amount includes $1,276.35 cash for adjacent lines,
with M E Development, Inc., the developer, to receive a refund of $21,052.13 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $21,052.13 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, Interim Chief Engineer, Public Works
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
462
Regular City Council Meeting
May 25, 2004
Page 463
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost
of the improvements is $39,028.98 and has a value of $29,435.70 as
determined by the unit prices established by said Chapter 28. Cash paid to
the City of Lubbock is $9,593.28 that includes $1,276.35 as adjacent
mains. The Developer, M. E. Development, Inc., will receive a refund of
$21,052.13 in accordance with Chapter 28, of the Code of Ordinances of
the City of Lubbock. There is no refund deposit.
The subdivision is located between 101s' and 103'd Streets, and between
Orlando and Quaker Avenues.
FISCAL IMPACT:
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City of Lubbock. The value
of the system is added to the City of Lubbock, and there are no
expenditures involved in accepting the ownership.
The system, when accepted, will produce revenue to the City of Lubbock
by sale of water and sewer services to the public.
Staff recommended approval of this resolution.
(23.) Resolution No. 2004-RO238 amending Resolution No. 2003-110534,
December 8, 2003, for acceptance of water and sanitary sewer
improvements for Lots 25 - 47, King's Ridge Addition to the City of
Lubbock, Lubbock County, Texas.
RESOLUTION NO.2004-RO238
WHEREAS, THE City of Lubbock, Texas passed Resolution No. 2003-R0534,
December 8, 2003, accepting certain improvements as an integral part of the water and
sewer system of the City of Lubbock; and
WHEREAS, the Lot numbers for King's Ridge Addition contained a scrivener's
error, to -wit: the lot numbers reading "Lots 25-47" in the caption and in the first line
should have read "96.049 meters (315.12 feet) instead of "156.527 meters (513.54 feet)";
and
WHEREAS, the City Council of the City of Lubbock desires to amend Resolution
No. 5988 correcting said scrivener's error; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby amends Resolution No.
2003-RO534 dated December 8, 2003 by replacing the phrase "Lots 25-47" in the caption
and in the first line of the resolution with the phrase "Lots 25-45."
Passed by the City Council this 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, Interim Chief Engineer,
Public Works
463
Regular City Council Meeting
May 25, 2004
Page 464
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
Resolution No. 2003-RO534 contained scrivener's errors reading "Lots
25-47" in the caption and in the first line should have read "96.049 meters
(315.12 feet) instead of 156.527 meters (513.54 feet)". This amendment to
Resolution No. 2003-R0534, dated December 8, 2003, will correct the first
line and also "Lots 25-47" in the caption will change to "Lots 25-45".
Since this subdivision had been accepted earlier, and as only an
amendment in the caption is required, staff recommended approval of the
amendment.
FISCAL IMPACT:
None.
Staff recommended approval of this resolution.
(24.) Resolution No. 2004-RO239 authorizing the Mayor to sign an
application for the 2004 Summer Food Service Program for children,
funded by the Texas Department of Human Services, and authorizing
the Mayor to execute all related documents with the Texas
Department of Human Services.
RESOLUTION NO.2004-RO239
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 sign for and on behalf of the City of Lubbock, a Contract by and between the
City of Lubbock and Texas Department of Human Services, for the 2004 Summer Food
Service Program for children, and all related documents. Said Contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza _
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Corbin Pemberton
Corbin Pemberton
Parks and Recreation Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0239.
The City of Lubbock's Park and Recreation Department is requesting
pass -through funds through the Texas Department of Human Services
from the United States Department of Agriculture. The City of Lubbock
464
Regular City Council Meeting
May 25, 2004
Page 465
has participated in the Summer Food Service Program for the past thirteen
years, with positive results.
The program provides a nutritional noon meal for children ages 1 through
18, each weekday, beginning June 1 and ending on August 6, 2004. Any
child is able to participate in the Summer Food Service Program and
receive a free meal at Maggie Trejo, Mae Simmons, and Copper Rawlings
Community Centers. Other locations of distribution include Bean
Elementary, Guadalupe Neighborhood Center, Parkway Neighborhood
Center and the Phea Branch of the Boys & Girls Club.
Both direct and indirect costs for the Summer Food Service Program are
reimbursed through the grant.
This program is offered in conjunction with the Summer Satellite Program
offered by the Park and Recreation Department utilizing Community
Development funding. The Summer Lunch program provides a service for
the community by providing a nutritious meal for children who would
normally participate in a meal program at their school, or for those whose
parents are unable to prepare a meal for the children.
FISCAL IMPACT:
Reimbursements from the Texas Department of Human Services are based
on the total number of meals served. The rates are as follows: $2.41 for
Operating Costs, $0.21 for Administrative Costs, and $0.08 for State
Reimbursement. The Summer Food Service Program was placed out for
bid. The lowest bid price received was $2.12 per meal. The difference
between cost and reimbursement will be used for program and
administrative expenses.
Staff recommended approval of this resolution.
(25.) Resolution No. 2004-RO240 authorizing the Mayor to execute a
Private Lands Agreement with the U.S. Fish and Wildlife Service in
the amount of $8,636 for controlling erosion and establishing native
grasses at the Remington Park Addition Playa Lake.
RESOLUTION NO.2004-RO240
WHEREAS, the United States Fish and Wildlife Service (the "Service") provides
support and financial aid for qualified wildlife management programs; and
WHEREAS, the City of Lubobck, Texas desires to establish a qualified wildlife
management program at the Remington Park Addition Playa Lake (the "Program"); and
WHEREAS, the Remington Park Neighborhood Association has provided
invaluable assistantce in establishing a cooperation agreement between the City of
Lubbock and the Service for the Program; NOW THEREFORE
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 Private Lands Grant
Agreement by and between the City of Lubbock and the United States Fish and Wildlife
Service. 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 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
OR
Regular City Council Meeting
May 25, 2004
Page 466
APPROVED AS TO CONTENT:
/s/ Corbin Pemberton
Corbin Pemberton
Parks and Recreation Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0240.
For the past three years, the Remington Park Neighborhood Association
(RPNA) has been working closely with City of Lubbock staff to beautify a
22-acre storm water detention basin located in the vicinity of 73`d Street
and Albany Avenue. The playa lake was dedicated to the City of Lubbock
as a storm water detention basin under existing criteria included in the
Playa Lake Ownership Ordinance and Policy. Under this policy, the playa
lake is mowed eight times per year and the maintenance responsibilities
belong to the Storm Water Department. There are no requirements for
these playa lakes to have irrigation or other park -like improvements.
When the area was developed, the playa had several erosion control
methods put in place that have ultimately failed. However, the failure did
not occur until after the playa lake became the responsibility of the City.
The continued erosion, if unchecked, could eventually encroach upon the
surrounding houses that back up to the playa.
In 2003, the RPNA applied for a grant from the U.S. Fish and Wildlife
Department to help beautify the playa lake. However, the funds were
frozen for one year. Recently, these funds have become available and the
U.S. Fish and Wildlife Department contacted the neighborhood
association. The RPNA voted to let the City of Lubbock administer the
grant.
The agreement provides for technical assistance as well as reimbursement
of up to $8,636 to remove the failed erosion control methods, to install
Geojute erosion controls, to prepare the seedbed, to establish Buffalo
grass, and to establish plants that will thrive in the wet soils. These
improvements must be completed within one year of approval of the
agreement. The City agrees to maintain the area to the maximum benefit
of wildlife for ten years.
FISCAL IMPACT:
This grant of $8,636 will supplement the funds that were approved during
the Revised Budget.
A. Erosion Control (Storm Water Department) $165,000
B. Installation of Irrigation System and lighting (Parks) $140,000
TOTAL $305,000
Upon completion of this project, the maintenance responsibility will be
assigned to Park and Recreation, instead of Stormwater Management.
Beginning in FY 2005, the annual operating impact to the General Fund to
maintain the irrigation system and mow the turf is estimated to be $17,842
per year.
Staff recommended the approval of this resolution.
(26.) Resolution No. 2004-R0241 authorizing the Mayor to enter into a
contract with the governmental entities within the South Plains
Association of Governments Region to provide mutual aid in disasters
and/or civil emergencies.
Im
Regular City Council Meeting
May 25, 2004
Page 467
RESOLUTION NO.2004-R0241
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 with the
governmental entities within the South Plains of Governments Region to provide mutual
aid in disasters and/or civil emergencies. 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 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson, Emergency Management Coordinator
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0241.
Upon the request of the parties to the agreement, the agreement shall be
activated in the event of either: (a) a declaration of a local state of disaster
by a Party pursuant to Chapter 418 of the Texas Government Code; or (b)
by finding a state of civil emergency by the presiding officer of the
governing body of a Party. The activation of the Agreement shall
continue, whether or not the local disaster declaration of state of civil
emergency is still active, until the services of the Party rendering aid are
no longer required or when the officer in charge of the forces of the Party
rendering aid determines, in his sole discretion, that further assistance
should not be provided.
By signing Agreement No. 2002 45000 and Agreement No. 2003 II
45000, the Subrecipient Agreement of the State Homeland Security Grant
Program, the City of Lubbock agreed to the following statement: "The
accepting jurisdiction will become a signed party to the Mutual Aid
Agreement for Regional Councils of Governments as contemplated by the
Office of the Attorney General, the State of Texas". The Mayor signed
these agreements on July 24, 2003. The grant funding awarded for these
agreements was $186,337 for 2002 and $1,212,181 for 2003.
FISCAL IMPACT:
The fiscal impact of the agreement will depend on the type of incident,
resources provided and the amount of time required during the response to
the emergency or disaster and availability of Federal funds.
Staff recommended approval of this resolution.
(27.) Resolution No. 2004-R0242 authorizing the Mayor to amend the
contract with the governmental entities within the South Plains
Association of Governments Region to provide mutual aid in disasters
and/or civil emergencies.
467
Regular City Council Meeting
May 25, 2004
Page 468
RESOLUTION NO.2004-RO242
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 to amend a Contract with the
governmental entities within the South Plains of Governments Region to provide mutual
aid in disasters and/or civil emergencies. 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 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson
Emergency Management Coordinator
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0242.
Upon the request of the parties to the agreement, the agreement shall be
activated in the event of either: (a) a declaration of a local state of disaster
by a Party pursuant to Chapter 418 of the Texas Government Code; or (b)
by finding a state of civil emergency by the presiding officer of the
governing body of a Party. The activation of the Agreement shall
continue, whether or not the local disaster declaration of state of civil
emergency is still active, until the services of the Party rendering aid are
no longer required or when the officer in charge of the forces of the Party
rendering aid determines, in his sole discretion, that further assistance
should not be provided. The amendment to the Original Agreement
includes amendments to Article II Recitals, which address the inclusion of
the law pursuant to Chapter 421, Texas Government Code (Homeland
Security), Article III Waiver of Claims Against Parties: Immunity
Retained and Article IV Miscellaneous: which states all other provisions
of the Original Agreement shall remain in full force and effect and are not
affected by this Amendment.
By signing Agreement No. 2002 45000 and Agreement No. 2003 11
45000, which are the Subrecipient Agreements of the State Homeland
Security Grant Program, the City of Lubbock agreed to the following
statement: "The accepting jurisdiction will become a signed party to the
Mutual Aid Agreement for Regional Councils of Governments as
contemplated by the Office of the Attorney General, the State of Texas".
The Mayor signed these agreements on July 24, 2003. The grant funding
awarded for these agreements was $186,337 for 2002 and $1,212,181 for
2003.
FISCAL IMPACT:
The fiscal impact of the agreement will depend on the type of incident,
resources provided and the amount of time required during the response to
the emergency or disaster and the availability of Federal funds.
EM
Regular City Council Meeting
May 25, 2004
Page 469
Staff recommended approval of this resolution.
(28.) Resolution No. 2004-RO243 reappointing Jan Blacklock Matthews as
temporary/substitute Judge.
RESOLUTION NO.2004-RO243
WHEREAS, Subsection 30.00008(b) of the Government Code of the State of
Texas provides that the governing body of the City of Lubbock may appoint one or more
temporary substitute judges for the Lubbock Municipal Court of Record; and
WHEREAS, such temporary substitute judges shall meet the same qualifications
to serve as are required of a regular municipal judge; and,
WHEREAS, the City Council of the City of Lubbock has determined that it is in
the best interest of the citizens of the City of Lubbock to appoint the following named
person as temporary substitute judges for the Municipal Court of Record; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT Jan Blacklock Matthews is hereby appointed as a temporary substitute
judge of the Lubbock Municipal Court of Record. Judge Matthews shall serve as needed
and at the pleasure of the Presiding Judge of the Lubbock Municipal Court and shall
receive such pay as shall be provided for such position by the City Council in the annual
City of Lubbock budget.
Passed by the City Council this 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert A. Doty
Robert Doty, Municipal Judge
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
Jan Blacklock Matthews has been serving as a temporary/substitute Judge
for the City of Lubbock since 1998. Her appointment is typically renewed
every two years, although a temporary/substitute Judge continues to serve
in a de facto capacity until resignation or termination. Council needs to
consider her re -appointment as temporary/substitute Judge.
FISCAL IMPACT:
Annual cost for temporary/substitute judge's pay is already in the annual
budget. This appointment will have no impact on the existing budget and
no changes will be needed at revised budget.
Judge Doty recommended approval of this resolution.
The next items considered were Items 30-32.
Regular City Council Meeting
May 25, 2004
Page 470
(29.) Resolution No. 2004-R0246 authorizing the Mayor to execute a
Supplemental Agreement SA-2 to Professional Services Agreement
(RFP #118-02BM) with Turner Collie & Braden, Inc. for additional
services with regard to design and implementation of security
enhancements identified in the Water Facilities Vulnerability
Assessment performed under the Bioterrorism Response Act.
RESOLUTION NO.2004-R0246
WHEREAS, certain matters pertaining to homeland security and terrorism
preparedness have been made confidential by law pursuant to Sections 418.176 to
418.183 of the Texas Government Code; and
WHEREAS, Exhibit A to the attached document incorporated into this Resolution
by reference is subject to said confidentiality provisions; and
WHEREAS, said Exhibit A may not be discussed in public or released to the
public; NOW THEREFORE:
BE IT RESOLVED BY THE 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 Supplemental Agreement No. 2 for
Design and Implementation of Security Enhancements and any associated documents by
and between the City of Lubbock and Turner Collie & Braden, Inc. for professional
services with regard to Lubbock Water Utilities, 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. Exhibit A of said Agreement is subject to the provisions of Sections 418.176 to
418.183 of the Texas Government Code as a matter pertaining to homeland security and
terrorism preparedness and may not be discuss in public or released to the public.
Passed by the City Council this 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Gaa Essary
Gary Essary, Water System Supervisor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Council
A copy of the Agreement is filed with Resolution No. 2004-R0246.
This item was moved from consent agenda to regular agenda and was
considered following Item 37.
On September 26, 2002, the City of Lubbock entered into a professional
services agreement with Turner Collie & Braden, Inc. for the purpose of
performing a federally mandated Vulnerability Assessment regarding
security of the City of Lubbock's drinking water system. This initial
agreement provided for the Vulnerability Assessment to be completed as
the first of three phases of work. The second phase, review and revision of
the emergency response plan and the third phase, design and
implementation of recommended security improvements, were to be
authorized by separate supplemental amendments to the initial agreement.
470
Regular City Council Meeting
May 25, 2004
Page 471
The Vulnerability Assessment was completed and verified to the United
States Environmental Protection Agency (USEPA) on March 25, 2003.
Supplemental Agreement SA-1 related to Phase 2 of Professional Services
Agreement RFP #118-02/BM was authorized on July 19, 2003. Phase 2
(review and revision of the emergency response plan) was completed and
verified to the United States Environmental Protection Agency in
September 2003. This resolution will authorize work on the third and final
phase of Professional Services Agreement RFP#118-02/BM, the design
and implementation of security enhancements identified in the Water
Facilities Vulnerability Assessment.
Supplemental Agreement SA-2 has been negotiated with Turner Collie &
Braden, Inc. in the amount of $219,500 for engineering services to design
and implement identified security measures for potable water storage
facilities owned by the City of Lubbock. The scope of services under this
supplemental agreement includes engineering and design services,
construction bidding assistance, and construction administration. Turner
Collie & Braden, Inc. has teamed up with the firm of Parkhill, Smith &
Cooper of Lubbock to provide local experience and knowledge and
provide engineering services throughout the project.
FISCAL IMPACT:
The fee for these services is $219,500. This amount is available in the
design phase of the Water Facilities Security Improvements Capital
Project #90055.
Turner Collie & Braden, Inc. performed the security vulnerability
assessment for the City of Lubbock's drinking water system and is very
familiar with the facilities. In view of this, and the addition of Parkhill,
Smith & Cooper, Inc. to the team, staff recommended approval of this
resolution.
Anita Burgess, City Attorney, stated this was an action item prepared
pursuant to responsibilities under the Security Act and as a result of the
changes in the last legislative session, this document is deemed
confidential for reasons of security purposes. Comments were made
available in the agenda item backup. However, the document itself is a
confidential document.
Council Member Boren asked if this was the total scope for water
vulnerability or would there be more components brought forth.
Ms. Burgess stated this the assessment for the City's water utilities.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO246 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
The next items considered were Items 33-34.
Items 30-32 were considered following Item 28.
(30.) Consider the price and conditions of sale of Parcel 33500-2-10 at 1602
Baylor Street legally described as Lot 1, Block 2, Guadalupe Addition
to the City of Lubbock, Lubbock County, Texas.
This is a sale of a vacant lot by the Urban Renewal Agency to Roy
Sanchez for $3,010.01 for a single-family residence. The lot is properly
zoned for residential development.
This lot will be developed in conjunction with the 2003-2004 New
Construction Program. Roy Sanchez is an approved applicant for the New
Construction Program. The proposed development will be a new single-
family residence estimated at $79,000 with approximately 1,300 square
feet with three bedrooms, two bathrooms, and one car garage.
Construction will be of insulated concrete forms with brick exterior,
energy efficient windows and aluminum siding on soffit and fascia.
471
Regular City Council Meeting
May 25, 2004
Page 472
The New Construction Program is designed to build quality affordable
housing in the targeted areas or on Urban Renewal lots by providing infill
of newly constructed houses on vacant lots. Low-income families and
individuals who have not owned a home in the last three years are
provided an opportunity to become first time homeowners through this
program. The Home investment Partnership Program (HOME) for the
2003-04 fiscal year will provide $400,000 in Federal funds for the
construction of five homes.
This was the last available single-family lot owned by the Urban Renewal
Agency in the Guadalupe Addition. Several people had shown interest in
the property, so it was sold by competitive sealed bid.
FISCAL IMPACT:
The sale and development will enhance the neighborhood, put the property
into private ownership, back on the tax roles and remove the weed
mowing expense.
The Urban Renewal Board of Commissioners approved the proposed sale
on April 20, 2004.
Staff recommended approval.
(31.) Consider approval of a donation to HOME Match to the New
Construction Program to further affordable housing, an Urban
Renewal vacant lot at 2507 Cedar Avenue designated as Parcel
93440-23-49 legally described as Lot 4, Block 23, Wheelock's Second
Addition to the City of Lubbock, Lubbock County, Texas.
This is a donation of the subject vacant lot by the Urban Renewal Agency
to the HOME Program, as match to further affordable housing in the
Chatman Hill Area. The lot is priced at $400 and is the match value. The
lot is properly zoned for residential development.
This lot will be developed in conjunction with the 2003-2004 New
Construction Program for an approved applicant in that program. The
proposed development will be a new single-family residence estimated at
$79,000 with approximately 1,300 square feet with three bedrooms, two
bathrooms, and one car garage. Construction will be of insulated concrete
forms with brick exterior, energy efficient windows and aluminum siding
on soffit and fascia.
The New Construction Program is designed to build quality affordable
housing in the targeted areas or on Urban Renewal lots by providing infill
of newly constructed houses on vacant lots. Low-income families and
individuals who have not owned a home in the last three years are
provided an opportunity to become first time homeowners through this
program. The Home investment Partnership Program (HOME) for the
2003-04 fiscal year will provide $400,000 in Federal funds for the
construction of five homes.
FISCAL IMPACT:
The sale and development will enhance the neighborhood, put the property
into private ownership, back on the tax roles and remove the weed
mowing expense.
The Urban Renewal Board of Commissioners approved the donation on
April 20, 2004.
Staff recommended approval.
(32.) Consider approval of a donation to HOME Match to the New
Construction Program to further affordable housing, an Urban
Renewal vacant lot at 124 Avenue U designated as Parcel 34530-41-12,
legally described as Lot 12, Harder Subdivision of Block 41 of the
Roberts and McWhorter Addition to the City of Lubbock, Lubbock
County, Texas.
472
Regular City Council Meeting
May 25, 2004
Page 473
This is a donation of the subject vacant lot by the Urban Renewal Agency
to the HOME Program, as match to further affordable housing in the
Jackson/Mahon Area. The lot is priced at $1,165 and is the match value.
The lot is properly zoned for residential development.
This lot will be developed in conjunction with the 2003-2004 New
Construction Program for an approved applicant in that Program. The
proposed development will be a new single-family residence estimated at
$79,000 with approximately 1,300 square feet with three bedrooms, two
bathrooms, and one car garage. Construction will be of insulated concrete
forms with brick exterior, energy efficient windows and aluminum siding
on soffit and fascia.
The New Construction Program is designed to build quality affordable
housing in the targeted areas or on Urban Renewal lots by providing infill
of newly constructed houses on vacant lots. Low-income families and
individuals who have not owned a home in the last three years are
provided an opportunity to become first time homeowners through this
program. The Home investment Partnership Program (HOME) for the
2003-04 fiscal year will provide $400,000 in Federal funds for the
construction of five homes.
FISCAL IMPACT:
The sale and development will enhance the neighborhood, put the property
into private ownership, back on the tax roles and remove the weed
mowing expense.
The Urban Renewal Board of Commissioners approved the donation on
April 20, 2004.
Staff recommended approval.
The next item considered was Item 35.
(33.) Resolution No. 2004-R authorizing a rate change application filed by
Southwestern Public Service Company (Xcel Energy) for their
ratepayers in Lubbock.
This item was moved from consent agenda to regular agenda and was
considered following Item 29.
This item was continued.
The City Council will consider this item as a regulatory authority in
accordance with the Texas Utility Code. Because Southwestern Public
Service Company (SPS) is making this request to increase rates in certain
areas, Council is required to consider the proposed changes. The changes
in SPS's rate structure are as follows:
• Return Check Charge will decrease from $15 to $12.50. This change
will affect all classes of customers within the City, approximately
28,700 customers.
• The reconnect fee will increase from $15 to $20. This change will
affect all classes of customers within the City, approximately 28,700
customers.
• Termination of the Late Payment Rider, which allows SPS to apply
late payment charges, currently at five percent, to their non-residential
customers. This Late Payment Rider currently takes effect after 21
days, and with its termination the effective date becomes 16 days,
which will be consistent with SPS's credit policies for its other
non-residential customers in Texas. This change will affect
approximately 5,150 customers and will include all classes, except
residential.
• Revision of the Church Service Tariff, which will apply late payment
charges, currently at 5 percent to occur after 16 days. Currently, the
late service payment charge takes effect after 21 days. Again, this
473
Regular City Council Meeting
May 25, 2004
Page 474
change will create consistency with the credit policies for other non-
residential customers in Texas. This change will affect approximately
45 customers.
• Termination of the Residential Late Payment Rider, which will
eliminate the five percent late payment charge for residential
customers. This change will affect only the residential class of
customers, which include approximately 23,540 customers.
FISCAL IMPACT:
SPS indicates that these changes to their revenue will be nominal. The
City receives a percentage of SPS's gross revenue receipts, and therefore
there will a nominal fiscal impact to the City of Lubbock.
Staff recommended approval of this resolution.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass this item.
David Hudson, Director of Regulatory Administration, Southwestern
Public Service Company and Xcel Energy, answered questions directed by
the Council.
Council Member Martin asked about the returned check charge decrease.
He stated that research indicated the last official tariff shows the rate as
$12.50. Mr. Hudson stated that in 1993, the tariffs approved were $15.00.
Council Member Martin asked Mr. Hudson to explain what the late
payment rider was. Mr. Hudson stated this was a late payment charge for
residential service charged only in Lubbock. There will not be a late
payment charge, but if the bill is not paid within 16 days, service will be
terminated.
Council Member Martin asked what effect in revenues it would have if the
2% early payment discount is done away with. Mr. Hudson stated he did
not have the figures with him.
Council Member Boren asked the fiscal impact of these policies, if
adopted today. Mr. Hudson stated he did not have the figures with him.
Council Member Boren asked City Manager Lou Fox if the City had done
an analysis of this. City Manager Fox stated he was not aware of any
analysis. However, if Council wished to delay this item, his staff would
do an analysis.
Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to continue this item to the next City Council meeting.
Motion carried: 5 Yeas, 0 Nays.
The next item considered was Item 33.
(34.) Resolution No. 2004-RO259 approving the Articles of Incorporation
and By-laws for the Lubbock Economic Development Alliance, Inc.
RESOLUTION NO.2004-RO259
WHEREAS, on November 4, 2003, the citizens of the City of Lubbock voted to
approve a sales tax for the purposes of economic development in the City; and
WHEREAS, the election was conducted pursuant to the provisions of Article
5190.6 of the Texas Revised Civil Statutes which provides for the establishment of an
economic development corporation in conjunction with collecting the sales tax for
economic development purposes; and
WHEREAS, the City Council finds that the proposed Articles of Incorporation
and Bylaws of the Lubbock Economic Development Alliance, Inc. are the most
appropriate to satisfy the terms of required state law while providing the City with the
best economic development establishment. NOW THEREFORE:
474
Regular City Council Meeting
May 25, 2004
Page 475
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby approves the Articles of
Incorporation and Bylaws of the Lubbock Economic Development Alliance, Inc. Said
Articles and Bylaws are attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25t' of May, 2004.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Anita Burgess
Anita Burgess, Acting Assistant City Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Articles and Bylaws are filed with Resolution No. 2004-R0259.
This item was moved from consent agenda to regular agenda and was
considered following Item 33.
On November 4, 2003, voters in the City of Lubbock approved an
additional sales tax for the purpose of economic development in the City.
The election was conducted pursuant to Art. 5190.6 of the Texas Revised
Civil Statutes. This law provides that an economic development
corporation be establish in conjunction with the City collecting a sales tax
for economic development purposes. In this case, the voters approved a
4A type corporation.
The proposed 4A corporation is the Lubbock Economic Development
Alliance, Inc. The Articles of Incorporation and By-laws are necessary for
establishing this corporation. Further, pursuant to Sections 6 and 13 of
Article 5190.6 of the Texas Revised Civil Statutes, the City Council must
approve these Articles and Bylaws as well.
FISCAL IMPACT:
None.
Staff recommended approval of this resolution.
Council Member Martin read from the By -Laws under Article II, Section
1, (f) as follows: "The Mayor, or his designee, the City Manager or his
designee, and the City Attorney or his designee, may attend all meetings
of the Board of Directors or Committees, provided, however that they may
not attend executive meetings, unless invited to do so by the Board of
Directors."
Amy Sims, Assistant City Attorney, stated the By -Laws originally read
that City representatives would be allowed to go to the meetings.
However, the concern was if they had attorney/client privilege items, if
they allowed outside parties in, they might be waiving their attorney/client
privilege.
475
Regular City Council Meeting
May 25, 2004
Page 476
Council Member Martin requested that the Council Members be added to
this item. He also stated that he could not accept the provision that they
could not attend executive session.
Council Member Martin stated that (h) at the top of page 3 reads as
follows: "Any vacancy occurring among Directors on the Board shall be
filled by appointment by the Mayor with the approval of the City
Council." He stated he would prefer that this reads "be filled by the City
Council." Mayor McDougal asked that "the Mayor with the approval of
be stricken from the document.
Council Member Martin stated Articles of Incorporation, Article 8 at the
bottom of page 5 reads as follows: "A director or employee of the
Corporation shall not be related to a current City Council Member...". He
asked if this meant current at any time and not just the present council.
Ms. Sims stated that was correct. Council Member Martin asked that this
read: "not related to a member of the City Council in the second degree by
affinity and in the third degree by consanguinity"? He also requested that
this apply to the City Manager and senior City Staff persons working for
the City.
Council Member Gilbreath mentioned that there was no language in the
documents covering conflicts of interest. Ms. Sims stated this is covered
by state law. However, if this was a concern, they could add this to the
document. Council Member Gilbreath asked that this be done.
Council Member Boren asked that Market Lubbock (Lubbock Economic
Development Alliance, Inc.) bring an annual report on their progress
results to the City Council. Ms. Sims stated that it is covered by law that
they go to City Council on budgetary items. However, if this was a
concern, they could add an item to the document requiring reporting on
the economic development activities.
Council requested that Ms. Sims bring the revised Articles of
Incorporation and By -Laws back to Council later today.
Council Member Martin also stated that when Item 34 is brought back, his
motion would include the following members for page 5 of the Articles of
Incorporation (Agenda Item 52A): Jane Anne Stinnett (term to expire
10/l /06); David Smith (term to expire 10/ 1 /06); David Alderson (term to
expire 10/l/07); Tony Whitehead (term to expire 10/l/07); and, Ruben
Reyes (term to expire 10/l/07).
Reconsideration of No. 34 was the first item following Executive
Session
Council Member Martin stated that Council had received copies of the
corrected language in the By -Laws and Articles of Incorporation for the
Lubbock Economic Development Alliance, including the designation of
the five appointees to the Board.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass Resolution No. 2004-R259 per the corrected
documents. Motion carried: 6 Yeas, 0 Nays.
The next item considered was Item 36.
After reconsideration of No. 34, the next item considered was Item
52A.
(35.) Resolution No. 2004-RO244 for Change Order #1 of ITB
#224-03/RS — Bio-Safety Level 3 Laboratory Facility Construction
(Facilities Management).
RESOLUTION NO.2004-RO244
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
476
Regular City Council Meeting
May 25, 2004
Page 477
(Bid No. 224-03/RS) with Pharr and Company to cover the expenses incurred for
additional quantities of work due to (1) changing from pneumatic to electronic controls
on HVAC equipment for more efficient and better control of the equipment; (2) adding
security and hardware features to 16 doors which allows better control and interaction
with existing control system; (3) unexpected conditions found after main slab was
demolished; and (4) upgrading facility from BSL-3 to BSL-3+. 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 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Harland Stauffer
Harlan Stauffer, Facilities Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Change Order No. 1 is filed with Resolution No. 2004-R244.
This item was considered following Item 32.
Change Order #1 is comprised of four separate items. Item 1 allows for the
substitution of pneumatic controls with electronic controls on the HVAC
equipment. Item 1 has a deduct amount of $4,000. Item 2 allows for the
installation of security devices on the doors at 16 locations throughout and
near the Bio-Safety Level 3 Laboratory (BSL-3 Lab). This will limit
access into the BSL-3 Lab to authorized personnel only. Item 2 has an add
amount of $39,826. Item 3 allows for the investigation of the soil and
sub -grade conditions of the floor area of the BSL-3 Lab. Once the original
slabs were demolished, suspect conditions were discovered which required
additional tests to determine if they needed to be removed or kept in place.
Item 3 has an add amount of $7,770.38. Item 4 allows for the installation
of a dilution tank that will serve all wastewater from the BSL-3 Lab. Item
4 has an add amount of $3,691. The total amount of Change Order #1 is an
add amount $47,287.38 and a total of 74 days will be added to the project.
FISCAL IMPACT:
A total of $1,163,000 is available in the following project numbers:
1. TDH Grant #81036.8801 for $818,000.
2. County/City Bio-terrorism grant #81037.8801 for $55,000.
3. MMRS grant- $100,000.
4. BSL-3 Facility Capital project #90244 — $190,000.
A total of $1,004,500 of the $1,163,000 is already approved for the
construction of this project. There is sufficient funding available for the
approval of this change order.
Parkhill, Smith and Cooper, Inc. (PSC) is the local architectural firm
selected to design the project.
477
Regular City Council Meeting
May 25, 2004
Page 478
PSC developed the requirements for this change order and reviewed the
contractor's estimates. Based on contractor's past experience with the City
of Lubbock, staff and PSC recommended approval of Change Order #1 in
the amount of $47,287.38.
The next item considered was Item 37.
(36.) Resolution No. 2004-RO247 establishing a Roy Furr Honor
Committee.
RESOLUTION NO.2004-RO247
WHEREAS, Roy Furr has contributed greatly to the community of Lubbock and
his loss has been felt by the community as a whole; and
WHEREAS, the City Council of the City of Lubbock desires to honor and
celebrate the life of Roy Furr; and
WHEREAS, the City Council desires to establish a committee of citizens to
explore the best means of so honoring Roy Furr;
WHEREAS, the Committee shall make recommendations on how to accomplish
this task; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT a Roy Furr Honor Committee is hereby created by the City Council of the
City of Lubbock, which shall perform its duties in accordance with the following
criteria:
1. The primary objective of the Committee shall be to explore the best options for
honor and celebrating the life of Roy Furr. The Committee shall develop a list of
recommended option and shall submit said list to the City Council for review and
implementation.
2. The Committee will consist of five (5) members that shall be citizens of the
City of Lubbock and shall be appointed by the City Council. The City Council shall
designate the Chairperson and Vice -chairperson from the appointed members of the
Committee. The City Manager shall appoint a staff liaison to the Committee. The
Committee may establish subcommittees when it deems it is appropriate for
specialization or concentration on specific options.
3. Regular meeting will be held at times and locations established by a majority
of the Committee members. A simple majority shall constitute a quorum, and a majority
vote of the quorum shall be required for any action to be taken by the Committee.
4. The City Policy Review Committee members shall serve until such time they
deliver the Committee's final report to the City Council. At such time, the Committee
shall terminate and disband.
5. Reports shall be presented by the Chairperson of the Committee to the City
Council as requested by the City Council.
Passed by the City Council this 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Anita Burgess
Anita Burgess, Assistant City Manager
478
Regular City Council Meeting
May 25, 2004
Page 479
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
This item was moved from consent agenda to regular agenda and was
considered following Item 34.
Roy Fun was a leading member of the community of Lubbock. In order to
honor his life and work in the City, a nine -member committee is proposed
in order to explore the best means to honor Mr. Furr's life. The Roy Fun
Honor Committee's charge is to develop the various options to celebrate
and honor Mr. Fun. The Committee will report to the City Council as to
the best options, and upon delivery of the final report, the Committee will
dissolve. Council should nominate nine persons to the committee.
FISCAL IMPACT:
None.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to amend the resolution as follows: Change from a
nine -member committee to a five -member committee to include: J. Q.
Warnick; Alan Henry; Judge Sam Cummings; Shelly Bates and Art Cook
and to pass Resolution No. 2004-R0247. Motion carried: 5 Yeas, 0 Nays.
The next items considered were Items 38-41.
(36A.) Resolution No. 2004-R authorizing the Mayor to execute an
Interlocal Agreement for Underground Utility Right of Access
Agreement with Texas Tech University (the "University") for a
waterline over and across lands owned by the University regarding
the relocation of utilities necessary for the construction of the Marsha
Sharp Freeway.
This item was deleted.
(37.) Resolution No. 2004-RO245 - BID #049-04/RS —for Summer Food
Service Program (Parks and Recreation).
RESOLUTION NO.2004-R0245
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 a Summer
Food Service Program, by and between the City of Lubbock and Aramark Educational
Services, 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 25th day of May, 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
479
Regular City Council Meeting
May 25, 2004
Page 480
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0245.
This item was considered following Item 35.
The City of Lubbock has participated in the Summer Food Service
Program for the past 11 years with positive results. The program provides
a nutritional noon meal each weekday for children ages one through 18.
The program begins May 24, 2004 and ends on August 6, 2004. Any child
is eligible to participate in the Summer Food Service Program and receive
a free meal at Trejo, Mae Simmons, Rawlings Community Centers, two
neighborhood centers and two elementary schools. The Summer Food
Service Program projects to serve approximately 19,570 meals and all
meals are reimbursed through the Department of Human Services.
Twenty local businesses were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $47,163 was appropriated with $47,163 available in project
number 84008 (Summer Food Service Program) for this purpose.
Staff recommended contract award to ARAMARK Educational Services,
Inc. of Lubbock, Texas for $41,488.40.
The next item considered was Item 29.
Items 38-41 were considered following Item 36.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to approve Items 38-41 on consent agenda as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(38.) Resolution No. R0248 - BID #062-04BM —for Contract Weed
Shredding for Land Application Sites — Annual Pricing (Land
Application).
RESOLUTION NO.2004-R0248
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 weed
shredding for Land Application Sites — annual pricing, by and between the City of
Lubbock and Nolan Pack 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 25th day of May, 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
480
Regular City Council Meeting
May 25, 2004
Page 481
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0248.
This bid establishes firm pricing for weed shredding of both cropped and
non -cropped land located on the Lubbock Land Application Site and the
Hancock Land Application Site. Shredding is to be done on an "as needed
basis." Farm management will determine when and how much shredding
is needed. This will keep the area shredded and free from excessive,
unsightly weed growth. Firm pricing is good for one-year with the option
to renew annually for up to two additional one-year terms.
One hundred -eleven local contractors were notified of this Invitation to
Bid.
FISCAL IMPACT:
A total of $40,000 was appropriated with $40,000 available in project
number 6415.8302 (Land Application Professional Services) for this
purpose.
Staff recommended bid award to Nolan Pack of Lubbock, TX for $20,250.
(39.) Resolution No. 2004-RO249 - BID #068-04/RS — for Hot Mix Asphalt
- Annual Pricing (Paved Streets).
RESOLUTION NO.2004-RO249
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 hot
mix asphalt — annual pricing, by and between the City of Lubbock and Armor Asphalt,
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 25th day of May, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2004-R0249.
This bid establishes annual pricing for the purchase of hot mix asphalt
used for various street repairs. Firm pricing is good for one year with an
option to renew annually for up to two additional one-year terms.
Three local businesses were notified of the Invitation to Bid.
481
Regular City Council Meeting
May 25, 2004
Page 482
FISCAL IMPACT:
A total of $569,484 was appropriated with $356,119 available in account
number 4531 (Maintenance — Paved Streets) for this purpose.
Staff recommended awarding the bid to Armor Asphalt, Inc. of Lubbock,
Texas for $56,025.
(40.) Resolution No. 2004-R0250 - BID #039-04/RS —for Ice Control Salt
- Annual Pricing (Street Department).
RESOLUTION NO.2004-R0250
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 ice
control salt — annual pricing, by and between the City of Lubbock and Lubbock Imports,
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 25th day of May, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2004-R0250.
This bid establishes annual pricing for the purchase of ice control salt used
for the control of ice and snow. Firm pricing is good for one year with an
option to renew annually for up to two additional one-year terms.
Two local businesses were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $569,484 was appropriated with $569,484 available in account
number 4531 (Maintenance — Paved Streets) for this purpose.
Staff recommended bid award to Lubbock Imports, Inc. of Lubbock,
Texas for $15,800.
(41.) Resolution No. 2004-R0251 - BID #074-04/RS — for Installation of a
60-Ton Air Cooled Trane Chiller (City supplied) for the Police
Academy (Facilities Management).
RESOLUTION NO.2004-R0251
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 a 60 Ton Air
Cooled Chiller Unit Installation, Bid #074-04/RS, by and between the City of Lubbock
and Bruce Thornton Air Conditioning, Inc. of Lubbock, Texas, and related documents.
482
Regular City Council Meeting
May 25, 2004
Page 483
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 25th day of May, 2004.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 25th day of May, 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 Bruce Thornton Air Conditioning, Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #074-04/RS — 60 Ton Air Cooled Chiller Unit Installation - - $29.900.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
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.
483
Regular City Council Meeting
May 25, 2004
Page 484
CITY OF LUBBOCK, TEXAS (OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Harlan Stauffer
Owner's Representative
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
Bruce Thornton A/C, Inc.
By: /s/ Scott Buntin
PRINTED NAME: Scott Buntin
TITLE: Vice President
COMPLETE ADDRESS:
Bruce Thornton Air Conditioning, Inc.
128 Slaton Road
Lubbock, Texas 79404
ATTEST:
/s/ Matt Hadley
Corporate Secretary
This project is for the installation of a new 60-ton air-cooled chiller with
remote condensers purchased by the City of Lubbock under a separate
contract. The work will include all mechanical and electrical work
associated with the removal of the existing air-cooled chiller system and
installation of the new system. The new system will tie into the existing
chilled water system that serves the Police Academy.
FISCAL IMPACT:
A total of $70,000 was appropriated with $35,000 available in Project
90350 (Chiller Installation at Police Academy) for this purpose.
Staff recommended contract award to Bruce Thornton Air Conditioning,
Inc. of Lubbock, Texas for $29,900.
The next items considered were Item 42-44.
ADMINISTRATIVE SERVICES
Parks and Recreation
(42.) Resolution No. 2004-R0252 - BID #053-04/RS for Jim Bertram Lake
System — Fiesta Plaza Improvements (Parks and Recreation).
RESOLUTION NO.2004-R0252
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 Jim
Bertram Lake System — Fiesta Plaza improvements, by and between the City of Lubbock
and Knox, Gailey & Meador, 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 25th day of May, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
484
Regular City Council Meeting
May 25, 2004
Page 485
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Kniy-ht -
John Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 25th day of May, 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 Knox, Gailey & Meador, Inc. of the City of Lubbock, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #053-04/RS — Jim Bertram Lake System — Fiesta Plaza Improvements - $730,419.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
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: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
_ /s/ Harlan Stauffer
Owner's Representative
APPROVED AS TO CONTENT
/s/ Greg Wuensche
Owner's Representative
KNOX, GAILEY & MEADOW, INC.
By: /s/ Don Meador
President
COMPLETE ADDRESS:
Knox, Gailey & Meador, Inc.
P. O. Box 5736
Lubbock, Texas 79408
ATTEST:
/s/ Kevin Sedberry
Corporate Secretary
,;,
Regular City Council Meeting
May 25, 2004
Page 486
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
This project will provide irrigation, stage area, retaining wall, capstones,
ountain as well as steps down to the water to be constructed within the
natural topography of the Buddy Holly Recreation Area suitable for such
events as the annual fiestas: Cinco De Mayo, Los Dias de los Muertos,
Dia de la Independecia, and other various musical events. The cultural and
tradition events will allow for better understanding of some of the local
citizen's heritage. This project responds to the City Council Goals and
Policies to improve the image of Lubbock and enhance the quality of life.
During the 1970s, construction began on the Canyon Lakes Project, a
six -mile long regional park. Over the next twenty years, several Goals for
Lubbock documents called for the completion of the Canyon Lakes
Project, which is now known as the Jim Bertram Lake System.
In June 1999, the team of Carter & Burgess and Parkhill, Smith and
Cooper completed the Canyon Lakes Master Plan Feasibility Study. The
study provided the plan for completing the regional park with an emphasis
on a continuous, navigable body of water and the design and location of
bridges to allow boat, vehicular and pedestrian circulation throughout the
canyon. The study provided the basis for the September 1999 citizen
approval of $500,000 in general obligation bonds for the construction of
Fiesta Plaza.
In October 2001, the City entered into a design contract with Carter &
Burgess and Parkhill Smith and Cooper for the master plan of Fiesta
Plaza. In January 2002, Texas Parks and Wildlife awarded a $500,000
grant for the project. The funds will be used to construct a festival area
that will consist of several performance areas, picnic area, a boat dock,
fishing pier, a cultural kiosk, and landscaping.
The performance areas will include a small outdoor stage, a large covered
pavilion and a multi -purpose court.
Each of these will have electrical infrastructure in place so that they can
serve multiple functions for different festival needs.
The bid includes a base bid and fourteen add alternates as follows:
Base Bid Fishing pier/boat dock; trail; bird watching blind; outdoor
stage; group pavilion, trail; picnic stations; a multi -purpose
court and a cultural kiosk.
Add Alternate 1 One trash receptacle and two 5-foot benches at the
multi -purpose court
Add Alternate 2
Two trash receptacles and four 5-foot benches at the
pavilion
Add Alternate 3
Secondary Sign/wall at Cultural Kiosk
Add Alternate 4
Secondary Sign/wall at Cultural Kiosk
Add Alternate 5
Secondary Sign/wall at Cultural Kiosk
Add Alternate 6
Secondary Sign/wall at Cultural Kiosk
Add Alternate 7
Plant 32 Cedar Elm trees
Add Alternate 8
Plant 27 Mexican Plum trees
Add Alternate 9
Decorative Steel Tubing —treatment for Pavilion
Add Alternate 10
Tapered concrete columns for pavilion
Add Alternate 11
4 inch thick concrete walk pavement on a per
square yard basis
Regular City Council Meeting
May 25, 2004
Page 487
Add Alternate 12 Furnish and install all plants, trees, and hydromulch
Add Alternate 13 Irrigation system
Add Alternate 14 Watering of hydromulched areas in Addendum #1
Time for completion of this project is 180 consecutive calendar days and
liquidated damages is $100 per day. Thirty-one local contractors were
notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $1,000,000 was appropriated with $750,000 available in project
number 90008 (Fiesta Plaza at Buddy Holly) for this project.
Staff recommended contract award for the Base Bid and Alternates 1-3, 6,
9 and 11 to Knox, Gailey & Meador, Inc. of Lubbock, Texas for $730,419.
Corbin Pemberton, Community Projects Manager and Randy Truesdell,
Parks and Recreation Director, answered questions from Council Member
Martin concerning the low bidder.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2004-RO252 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
Warehouse
(43.) Resolution No. 2004-110253; Resolution No. 2004-RO254 — BID
#069-04/RS —for PVC Pipe (Warehouse).
RESOLUTION NO.2004-RO253
WHEREAS, the City of Lubbock solicited bids (ITB # 069-04/RS) for a certain quantity
of PVC Pipe (herein so called) for use by the City of Lubbock;
WHEREAS, Section 271.905 of the TExAs LOCAL GOVERNMENT CODE provides
that if the local government of a municipality with a population of 200,000 or less
receives one or more bids from a bidder whose principal place of business is in the local
government, and whose bid is within three percent (3%) of the lowest bid price received
by the local government from a bidder who is not a resident of the local government, the
local government may enter into a contract with either the lowest bidder, or the bidder
whose principal place of business is in the local government, conditioned upon
appropriate findings of the governing body;
WHEREAS, Morrison Supply Company, with a principal place of business
located at 141 East 42nd, Lubbock, Texas, is located within the city limits of the City of
Lubbock;
WHEREAS, Morrison Supply Company submitted a bid to the City of Lubbock
for a contract to supply the PVC Pipe in accordance with the above -referenced ITB #
069-04/RS, said bid being in an amount that is within three percent (3%) of the lowest
bid price received; and
WHEREAS, the City Council of the City of Lubbock finds that the bid submitted
by Morrison Supply Company, offers the City of Lubbock the best combination of
contract price and additional economic development opportunities for the City of
Lubbock and its residents, including the employment of residents of the City of Lubbock
and increased tax revenues to the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Purchase Order for twelve -
inch PVC pipe between the City of Lubbock and Morrison Supply Company, 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.
487
Regular City Council Meeting
May 25, 2004
Page 488
Passed by the City Council this 25th day of May, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-R0253.
RESOLUTION NO.2004-RO254
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for PVC
pipe, between the City of Lubbock and Sims Plastics of Odessa, 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 25th day of May, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-R0254.
This pipe is for various maintenance and construction jobs including the
Marsha Sharp Freeway. The pipe will be stored at the warehouse and
charged to various account numbers as the pipe is purchased.
This pipe will be used for the Marsha Sharp Freeway, alley change outs,
various other construction jobs, and for routine maintenance.
Pursuant to Texas Local Government Code 271.905 (b), in purchasing real
property or personal property that is not affixed to real property, if the City
receives one or more bids from a bidder whose principal place of business
Regular City Council Meeting
May 25, 2004
Page 489
is in the City of Lubbock, and whose bid is within 3% of the lowest bid
price received by the City from a bidder who is not a resident of the City
of Lubbock, the City may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the City of Lubbock
if the City Council determines, in writing, that the local bidder offers
the City the best combination of contract price and additional
economic development opportunities for the City of Lubbock created
by the contract award, including the employment of residents of the
City of Lubbock and increased tax revenues to the City of Lubbock.
In order to receive consideration of the location of the bidder's principal
place of business for bid award, bidders are required to submit an
Affidavit of Eligibility.
The bid from Morrison Supply Company of Lubbock, Texas for items 5
through 7 on the bid tabulation is within 3% of the low bid from a non-
resident bidder. Staff s recommendation is to award the bid to the lowest
bidder meeting specifications.
However, pursuant to the abovementioned statute, City Council has the
authority to award this bid to the local bidder if the governing body of the
local government determines, in writing, that the local bidder offers the
local government the best combination of contract price and additional
economic development opportunities for the local government created by
the contract award, including the employment of residents of the local
government and increased tax revenues to the local government. To
facilitate the determination, a completed and signed Affidavit of Eligibility
from the local bidder is included in agenda backup.
Seventeen local vendors were notified of this invitation to bid.
FISCAL IMPACT:
This item is purchased for stock at the Central Warehouse.
Staff recommended contract award to Morrison Supply of Lubbock, Texas
for S20,163.20, and Sims Plastics of Odessa, Texas for $71,836.
City Attorney Anita Burgess informed Council her department had
prepared two resolutions to allow the choice of local preference. In the
event local preference was chosen, a finding would need to be stated in the
motion.
Motion was made by Council Member Morrison, seconded by Council
Member Martin as follows: "Whereas, the City Council of the City of
Lubbock finds that the bid submitted by Morrison Supply Company,
offers the City of Lubbock the best combination of contract price and
additional economic development opportunities for the City of Lubbock
and its residents, including the employment of residents of the City of
Lubbock and increased tax revenues to the City of Lubbock" and to pass
Resolution Nos. 2004-RO253 and 2004-R0254. Motion carried: 5 Yeas, 0
Nays.
FINANCE
(44.) Ordinance No. 2004-00057 amending the Fiscal Year 2003-04 Budget
to create a new capital project for the Erskine/Quaker/Slide Project,
located in northwest Lubbock first reading).
ORDINANCE NO.2004-00057
AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF
THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
Staff presented an amendment to the revised budget for the Fiscal Year
2003-04 to create a new capital project for the Erskine/Quaker/Slide
Project, located in northwest Lubbock. This funding will provide for the
preparation of an environmental document, preliminary engineering,
,W
Regular City Council Meeting
May 25, 2004
Page 490
schematics and other work necessary for the environmental clearance for
future construction of this project. A reimbursement resolution will
follow, subsequent to second reading of the ordinance.
FISCAL IMPACT:
Initially, funding will be established by transferring $50,000 from
unallocated street capital project funding. An additional $300,000 will be
funded from future debt issuance.
Staff recommended approval of the first reading of this ordinance.
Motion was made by Council Member Gilbreath, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2004-00057 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
The next item considered was Item 46.
Budget and Research
(45.) Resolution No. 2004-R adjusting the annual salary of the presiding
Municipal Court Judge.
This item was deleted.
MISCELLANEOUS
Other
(46.) Resolution No. 2004-R regarding ownership of University Plaza for
the benefit of South Plains College, in accordance with the Higher
Education Authority Act.
This item was considered following Item 44.
There was no action on this item.
This item was continued from the May 6, 2004 City Council meeting.
Additional information has been provided by Prime Campus, LLC
regarding On Track Ministries, Inc., the 501(c) 3 corporation proposing to
acquire and renovate University Plaza. The attorneys for Prime Campus,
LLC, the Lubbock Education Facilities Authority, and the bond counsel
are discussing possible methods to insure recovery of the ad valorem taxes
for the 30-year term of the revenue bonds. LISD has postponed action on
approval of the proposal until next month.
The City of Lubbock created the Lubbock Education Facilities Authority,
Inc. by Resolution No.6220, February 25, 1999, for the purpose of aiding
institutions of higher education, secondary schools, and primary schools in
providing educational facilities and housing facilities.
The South Plains College Board of Regents has requested that the
Lubbock Educational Facilities Authority issue 30-year term revenue
bonds to finance the acquisition and ownership of University Plaza by On
Track Ministries, Inc., a 501(c)(3) Texas nonprofit corporation for the
benefit of South Plains College. In addition, South Plains College has
agreed to accept, and has authority to receive, legal title to University
Plaza not later than May 1, 2034 when revenue bond obligation issued to
acquire the facility is paid in full.
The Higher Education Authority Act requires approval of the City, the
County, and LISD in order for this project to occur. For further
explanation of this project, a letter requesting approval was provided in
council backup.
FISCAL IMPACT:
None. The project is not seeking any ad valorem tax advantage and
approval of the joint resolution should have no adverse effect on the
property tax base of the City. The resolution creating the Authority recites
that the obligations of the Authority "shall not be deemed an indebtedness,
liability, general, special or moral obligation or pledge or loan of the faith
490
Regular City Council Meeting
May 25, 2004
Page 491
or credit or taxing power of the State of Texas, the City or any other
political subdivision or governmental unit, nor shall such obligations
constitute an indebtedness within the meaning of any constitutional or
statutory provision whatsoever."
Staff recommended approval of this resolution if safeguards are in place to
assure that ad valorem taxes will continue to be paid until 2034.
Council Member Martin requested that no action be taken on this item.
The next items considered were Item 48-50B.
(47.) Resolution No. 2004-R authorizing the Mayor to sign an
amended travel policy for the Mayor and City Council.
This item was deleted.
Items 48-50B were considered following Item 46.
(48.) Resolution No. 2004-RO255 canvassing the vote and declaring the
results of the City Special Bond Election held on May 15, 2004.
RESOLUTION NO.2004-RO255
A RESOLUTION canvassing the returns and declaring the results of the bond
election held May 15, 2004.
WHEREAS, an election was held in the City of Lubbock, Texas on the 15`h day of
May, 2004, for the purpose of submitting certain propositions for the issuance of bonds to
the resident elections of the City, and
WHEREAS, it is hereby found and determined that notice of the election was
duly given in the form, manner and time required by law, and said election was in all
respects legally held and conducted in accordance with applicable laws of the State of
Texas and the proceedings calling and governing the holding of such election; and
WHEREAS, the returns of said election have been duly and legally made and
submitted to the City Council for canvassing, and a tabulation of the returns for each
polling place and for early voting, as canvassed and tabulated by this governing body and
shown in Exhibit A attached hereto, reflect that the total sum of votes counted "FOR" and
"AGAINST" the propositions submitted were as follows:
PROPOSITION NUMBER 1
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT
OF $9,210,000 FOR STREET IMPROVEMENTS"
"FOR" 11,531 votes
"AGAINST" 2,272 votes
PROPOSITION NUMBER 2
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT
OF $6,450,000 FOR CIVIC CENTER/AUDITORIUM RENOVATIONS AND
IMPROVEMENTS"
"FOR" 8,541 votes
"AGAINST" 5,076 votes
PROPOSITION NUMBER 3
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT
OF $6,395,000 FOR PARK IMPROVEMENTS"
"FOR"
"AGAINST"
9,743 votes
3,959 votes
PROPOSITION NUMBER 4
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT
OF $3,350,000 FOR POLICE/MUNICIPAL COURT FACILITIES"
"FOR" 9,751 votes
"AGAINST" 3,893 votes
491
Regular City Council Meeting
May 25, 2004
Page 492
PROPOSITION NUMBER 5
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT
OF $2,145,000 FOR LIBRARY IMPROVEMENTS"
"FOR" 10,366 votes
"AGAINST" 3,332 votes
PROPOSITION NUMBER 6
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT
OF $1,405,000 FOR FIRE STATIONS"
"FOR" 11,283 votes
"AGAINST" 2,422 votes
PROPOSITION NUMBER 7
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT
OF $1,045,000 FOR FIRE STATIONS"
"FOR" 10,580 votes
"AGAINST" 3,171 votes
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK, TEXAS:
SECTION 1: All of the recitals contained in the preamble of this resolution are
found to be true and are adopted as findings of fact by this governing body and as part of
its judgment.
SECTION 2: It is further found and determined that the results of the election
are as canvassed and tabulated in the preamble hereof and in Exhibit A attached herein,
and a majority of the elections voting at said election having voted in favor of the
propositions numbered 1, 2, 3, 4, 5, 6 and 7: all as more fully set forth and identified
above and in the proceedings calling said bond election.
SECTION 3: The City Secretary is hereby authorized and directed to make the
appropriate entries of information appearing in the tabulation of precinct results shown in
Exhibit A attached hereto in the election register maintain by the City in accordance with
provisions of Section 67.006 of the Election Code.
PASSED AND APPROVED, this the 251h day of May, 2004.
CITY OF LUBBOCK, TEXAS
/S/ MARC MCDOUGAL
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
The governing body is required to canvass election results not earlier than
the eighth day nor later than the eleventh day after Election Day. Each
Council member will be provided with tabulation sheets showing the
number of votes cast for this proposition. The resolution will canvass the
returns and declare the results of the Special Bond Election.
FISCAL IMPACT:
Not known at this time.
The City Secretary, Rebecca Garza, read the votes received for the bond
election and recommended that the City Council accept the returns and act
favorably on the resolution.
492
Regular City Council Meeting
May 25, 2004
Page 493
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2004-RO255 as recommended
by staff. Motion carried: 4 Yeas, 0 Nays.
Council Member Boren was away from the dais.
(49.) Resolution No. 2004-RO256 canvassing the vote and declaring the
results of the May 15, 2004 City Special Election held May 15, 2004, to
fill the vacancy in the position of City Council Member, District 1.
RESOLUTION NO.2004-RO256
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT
OF THE SPECIAL CITY ELECTION TO FILL A VACANCY HELD MAY 15, 2004.
BE IT REMEMBERED THAT, on the 25`h day of May, 2004, the City Council of
the City of Lubbock, Texas met at o'clock . M. at the regular meeting place
of the City Council in the City of Lubbock Municipal Building with the following
members present, to -wit:
Gary D. Boren
Frank W. Morrison
Tom Martin
Jim Gilbreath
Marc McDougal, Mayor
On Motion of Jim Gilbreath, seconded by Tom Martin, it is unanimously carried
that the returns of the Special City Election held May 15, 2004, to fill a vacancy in the
position of City Council Member, District 1, as provided by law, be opened and
canvassed, and the results of the election be declared therefrom; and said returns having
been duly canvassed, it is found that the votes for the various candidates are as follows:
CANDIDATES FOR COUNCIL DISTRICT 1 VOTES RECEIVED
Cloeta Shots 459
Linda DeLeon 1,160
TOTAL VOTES CAST IN ELECTION 1,619
And it further appearing that said election was duly held as provided by law and
that the following persons received a majority of the votes of the sum total of votes cast
for each specified position:
POSITION VOTES RECEIVED
COUNCIL DISTRICT 1 Linda DeLeon
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY
COUNCIL OF THE CITY OF LUBBOCK:
THAT the person named above as receiving the majority vote for the position of
City Council Member, District 1, is duly elected to the office indicated.
PASSED, APPROVED AND ADOPTED ON MOTION OF Jim Gilbreath, SECONDED
BY Tom Martin, THIS 251h DAY OF May, 2004.
COUNCIL MEMBER VOTING AYE: COUNCIL MEMBERS VOTING NAY:
Gary D. Boren
Frank W. Morrison
Tom Martin
Jim Gilbreath
Marc McDougal, Mayor
****************
493
Regular City Council Meeting
May 25, 2004
Page 494
CITY OF LUBBOCK, TEXAS
/S/ MARC MCDOUGAL
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS ATO FORM:
Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
The governing body is required to canvass election results not earlier than
the eighth day nor later than the eleventh day after Election Day. Each
Council member was provided with tabulation sheets showing the number
of votes cast for each candidate. The resolution will canvass the returns
and declare the results of the Special Election for the City Council
member, District 1.
FISCAL IMPACT:
Not known at this time.
The City Secretary, Rebecca Garza, read the votes received for the
election and recommended that the City Council accept the returns and act
favorably on the resolution.
Council Member Boren returned to the dais.
Motion was made by Council Member Gilbreath, seconded by Council
Member Martin to pass Resolution No. 2004-RO256 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays.
(50.) Resolution No. 2004-RO257 canvassing the vote and declaring the
results of the May 15, 2004 City General Election and calling a Runoff
Election if necessary.
RESOLUTION NO.2004-RO257
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT
OF THE GENERAL CITY ELECTION TO FILL A VACANCY HELD MAY 15, 2004.
BE IT REMEMBERED THAT, on the 251h day of May, 2004, the City Council of
the City of Lubbock, Texas met at 7:30 o'clock a in. at the regular meeting place of the
City Council in the City of Lubbock Municipal Building with the following members
present, to -wit:
Gary D. Boren
Frank W. Morrison
Tom Martin
Jim Gilbreath
Marc McDougal, Mayor
On Motion of Tom Martin, seconded by Frank W. Morrison, it is unanimously
carried that the returns of the General City Election held May 15, 2004, for the election of
a Mayor, three City Council Members, and Municipal Judge, as provided by law, be
opened and canvassed, and the results of the election be declared therefrom; and said
returns having been duly canvassed, it is found that the votes for the various candidates
are as follows:
CANDIDATES FOR MAYOR
VOTES RECEIVED
Gilbert Montes, II
1,760
D. Marc McDougal
9,815
Roger Settler
1,480
Chad Dawkins
686
494
Regular City Council Meeting
May 25, 2004
Page 495
CANDIDATES FOR COUNCIL DISTRICT 2
VOTES RECEIVED
Floyd Price
402
T. J. Patterson
631
Janie Landin Ramirez
210
Sam G. Rodriquez
87
Isaac "Ike" Garnett
97
Nathaniel Ashbrooks, II
44
CANDIDATES FOR COUNCIL DISTRICT 3 VOTES RECEIVED
Phylis Jones
2,243
Dan Burns
1,496
Todd Overholser
358
Casey Brown -Meyers
65
Chris Gallameau
138
CANDIDATES FOR COUNCIL DISTRICT 6 VOTES RECEIVED
Jim Gilbreath 1,579
CANDIDATES FOR MUNICIPAL JUDGE VOTES RECEIVED
Victor Hernandez 4,939
Robert Doty 8,774
TOTAL VOTES CAST IN ELECTION 13,741
And it further appearing that said election was duly held as provided by
law and that the following persons received a majority of the votes of the sum
total of votes cast for each specified position:
POSITION
MAYOR
COUNCIL DISTRICT 2
COUNCIL DISTRICT 4
COUNCIL DISTRICT 6
MUNICIPAL JUDGE
PERSON RECEIVING MAJORITY VOTE
D. Marc McDougal
Phyllis Jones
Jim Gilbreath
Robert Doty
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY
COUNCIL OF THE CITY OF LUBBOCK:
THAT the persons named above as receiving the majority vote for a position are
duly elected to the office indicated; and
THAT no candidate received a majority of the votes cast for the following named
position(s), which will require a runoff election for such position(s).
495
Regular City Council Meeting
May 25, 2004
Page 496
POSITION RUNOFF CANDIDATES
Council District 2 Floyd Price
T. J. Patterson
THEREFORE, a Runoff Election is hereby ordered for the 26th day of June, 2004, and
the Mayor is hereby authorized and directed to issue a Notice of Runoff Election for the
conduct of said Runoff Election. Early voting shall be at the times and places indicated
on Exhibit A to this Resolution, which is incorporated herein for all purposes.
PASSED, APPROVED AND ADOPTED ON MOTION OF Tom Martin, SECONDED
BY Frank W. Morrison, THIS 25`h DAY OF May, 2004.
COUNCIL MEMBER VOTING AYE: COUNCIL MEMBERS VOTING NAY:
Gary D. Boren
Frank W. Morrison
Tom Martin
Jim Gilbreath
Marc McDougal, Mayor
CITY OF LUBBOCK, TEXAS
/S/ MARC MCDOUGAL
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO FORM:
Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of Exhibit A is filed with Resolution No. 2004-R0257.
The governing body is required to canvass election results not earlier than
the eighth day nor later than the eleventh day after Election Day. Each
Council member was provided with tabulation sheets showing the number
of votes cast for each candidate. The resolution will canvass the returns
and declare the results of the General Election for the Mayor, Municipal
Court Judge, and City Council members for Districts 2, 4, and 6. If no
candidate for a particular office receives more than 50 percent of the votes
cast for that office, a runoff election is required for that office.
FISCAL IMPACT:
Not known at this time.
The City Secretary, Rebecca Garza, recommended that the City Council
accept the returns and act favorably on the resolution, and that a runoff
election be called if no candidate for a particular office receives more than
50 percent of the votes cast for that office. Ms. Garza stated that in
District 2, no candidate received more than 50 percent of the votes cast for
that office resulting in a runoff. She recommended June 26, 2004 for the
runoff election date.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2004-RO257 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
At this time, Mayor McDougal asked Ms. Garza about ballots in District
2, which were not counted on election night. Ms. Garza stated that these
ballots were found in "transfer cases", which look like old ballot boxes.
496
Regular City Council Meeting
May 25, 2004
Page 497
The judges in two locations mistook these to be ballot boxes and placed
the general election ballots in them. The Secretary of State's Office was
contacted immediately and Ms. Garza was directed to obtain a court order
to open the boxes and count the ballots.
(50A.) Consider appointments of City Council members to the South Plains
Association of Governments' Board.
Council Member Martin stated that the City of Lubbock has four City
Council members on the South Plains Association of Governments'
Board. Since Council Members Hernandez and Morrison were leaving the
Council and Board, he recommended two more Council members be
appointed.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to appoint Council Members Linda DeLeon and Phyllis
Jones to the South Plains Association of Governments' Board. Motion
carried: 5 Yeas, 0 Nays.
WATER UTILITIES
(50B.) Resolution No. 2004-RO258 authorizing the Mayor to execute a Raw
Water Lease between the City of Lubbock and the Lake Alan Henry
Water District.
*** THIS RESOLUTION WAS VOID AND NEVER FINALIZED.
The proposed raw water lease is for the sale of 300 acre-feet of raw water
per year (an average of 268,000 gallons per day) for a five-year term. The
contract may be extended for one additional five-year term upon the
mutual consent of both parties. The price of raw water has not been
established as of this date but will be supplemented prior to the May 25,
2004 City Council meeting. Other key components of the contract are:
■ Cost of water is recalculated annually.
■ The district must adopt water conservation and drought contingency
plans that are consistent with the City of Lubbock's plans.
■ The LAH Water District may not provide service to anyone who is not
in compliance with the Restrictive Easement requirements.
■ The City of Lubbock is under no obligation to provide water to the
District until all structures are removed from the Restrictive Easement.
FISCAL IMPACT:
Estimated revenue from the sale of water under the current contract
conditions is approximately $180,000 per year.
Staff sought City Council guidance.
Motion was made by Council Member Boren, seconded by Council
Member Martin as follows: "Cost of water is recalculated annually; the
district must adopt water conservation and drought contingency plans that
are consistent with the City of Lubbock's plans; the LAH Water District
may not provide service to anyone who is not in compliance with the
restrictive easement requirements; additionally, that the contract will
reference appropriate components of the MOA, Article II, Section K part
of this agreement; and, the City of Lubbock is under no obligation to
provide water to the District until all structures are removed from the
restrictive easement" and to pass Resolution No. 2004-R0258. Motion
carried: 5 Yeas, 0 Nays.
The next item considered was Item 52.
BOARD APPOINTMENTS
(51.) Consider appointments to the Urban Design/Historic Preservation
Commission.
This item was deleted.
497
Regular City Council Meeting
May 25, 2004
Page 498
(52.) Consider appointments to the Water Board of Appeals.
This item was considered following Item 50B.
In order to determine the suitability of alternate materials and methods of
construction and to provide for reasonable interpretation of the provisions
of Section 28-44 and to determine exceptions to the requirements of 28-45
(a) and (b) (1) of the Code of Ordinances, the Water Board of Appeals has
been created. It shall consist of seven members who are qualified by
experience and training to pass upon matters pertaining to such matters.
Six members have been appointed. One citizen (at -large position) needs to
be appointed and terms need to be set by Council.
Motion was made by Council Member Boren, seconded by Council
Member Morrison to appoint David Bayouth to the Water Board of
Appeals. Motion carried: 5 Yeas, 0 Nays.
The next items considered were Items 3-4.
(52A.) Consider appointments to the Lubbock Economic Development
Alliance, Inc. Board.
This item was considered following reconsideration of Item 34.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to appoint as follows: Jane Anne Stinnett (term to
expire 10/1/06); David Smith (term to expire 10/1/06); David Alderson
(term to expire 10/l/07); Tony Whitehead (term to expire 10/1/07); and,
Ruben Reyes (term to expire 10/1/07) to the Lubbock Economic
Development Alliance, Inc. Board. Motion carried: 6 Yeas, 0 Nays.
Council Member Patterson requested that the Pledge of Allegiance to
the United States be conducted before the Swearing -In Ceremony.
SWEARING -IN CEREMONY
Mayor McDougal presented comments and recognized outgoing Council
Member Frank Morrison. Council Member Morrison recognized his son,
Will Morrison, for his outstanding scholastic and ROTC achievements.
Swearing in of newly elected Council Members:
Municipal Court Judge Robert Doty was sworn in by District
Judge Sam Medina
Council Member Jim Gilbreath, District 6 was sworn in by
District Judge Sam Medina
Mayor Marc McDougal was sworn in by Jerry Ramirez, Youth
Minister, Oakwood Methodist Church
Council Member Linda DeLeon, District 1 was sworn in by
District Judge Sam Medina
Council Member Phyllis Jones, District 4 was sworn in by
State Representative Delwin Jones
11:17 A. M. CITY COUNCIL RECESSED TO RECEPTION
12:04 P. M. CITY COUNCIL RECONVENED
City Council Chambers
All council members were present except Mayor Pro Tem Patterson.
12:05 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except Mayor Pro Tern Patterson
4:00 P. M. CITY COUNCIL RECONVENED
City Council Chambers
4:00 P. M. COUNCIL ADJOURNED
498
Regular City Council Meeting
May 25, 2004
Page 499
There being no further business to come before Council, Mayor
McDougal adjourned the meeting.
Read and approved this ZZ � day of Z_ 2005.
MARC MCDOUGAL., MAYOR
ATTEST:
Rebecca Garza, City Secretary
Em