HomeMy WebLinkAboutMinutes - City Council - Regular - 6/9/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JUNE 9, 2004
10:00 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 9th
day of June, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 10:00 A. M.
10:07 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council
Member Linda DeLeon, Council Member Jim Gilbreath, Council
Member Phyllis Jones, Council Member Tom Martin
Absent: Mayor Pro Tem T. J. Patterson
EXECUTIVE SESSION
Senior Council Member Tom Martin 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".
10:08 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except Mayor Pro Tem Patterson.
( 1.) 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; Right -of -Way; Xcel Energy).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Business and Neighborhood Development;
Parks and Recreation; Right -of -Way; Water Utilities).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary; Director of Internal Audit)
and take appropriate action.
(4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding
operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans
and studies of Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West
Texas Municipal Power Agency.
11:57 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tem T. J. Patterson; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Jim Gilbreath; Council Member Phyllis Jones; Council
Member Tom Martin; Lou Fox, City Manager; Anita Burgess, City
Regular City Council Meeting
June 9, 2004
Page 502
Attorney; Rebecca Garza, City Secretary; and Richard Casner, First
Assistant City Attorney
Absent: No one.
Mayor McDougal called the meeting to order at 11:57 A. M.
First items considered were Items 5 and 6.
CITIZEN COMMENTS
This was considered following Item 6.
One citizen expressed comments to the Council.
Mikel Ward appeared to discuss Item 52, Amended Travel Policy.
Next considered was Board Appointments Recognition.
( 5.) Invocation by Dr. Phil McClendon, Senior Pastor for The Springs
Fellowship Church.
( 6.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
The next item considered was Citizen Comments.
BOARD APPOINTMENTS RECOGNITION
Culture & Arts Commission
Receiving: Sammie Prather
Water Appeals Board
Receiving: David Bayouth
Coy Howell
Art Martin
Paul Nash
Bobby Rodgers
Tracy Wallace
Cecil White
Lubbock Economic Development Alliance, Inc. Board of Directors
Receiving: David Alderson (unable to attend)
Ruben Reyes (unable to attend)
Dr. David Smith (unable to attend)
Jane Anne Stinnett
Tony Whitehead
CITIZEN APPEARANCES
(7.) Presentation of a special recognition to Halley Terrill and Summer
Sutton for being named Miss Lubbock USA and Miss Lubbock Teen
USA.
Miss Lubbock USA Halley Terrill was present for the recognition. Miss
Lubbock Teen USA Summer Sutton was unable to attend.
(8.) Presentation of a special recognition to the Delta Sigma Theta sorority
for their contributions to the Lubbock community.
This item was deleted.
(9.) Recognition of Severo Sanchez for assisting Officer John Lofton
arrest a suspect, who was resisting arrest.
Severo Sanchez was present for the recognition. Council Member
DeLeon assisted Mayor McDougal with this presentation.
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CONSENT AGENDA (Items 10. 11 14-17, 19-21, 25, 26, 28-32, 37, 41,
42 44 45
Motion was made by Council Member Martin, seconded by Mayor Pro
Tern Patterson to approve Items 10, 11, 14-17, 19-21, 25, 26, 28-32, 37,
41, 42, 44, 45 on consent agenda as recommended by staff. Motion
carried: 7 Yeas, 0 Nays.
(10.) Approval of Minutes: May 25, 2004
Regular City Council Meeting
(11.) 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) (second and final reading).
ORDINANCE NO.2004-00056
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST
22" 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.
The next items considered were Items 14-17.
(12.) ORDINANCE NO. 2004-00057—Amending the Fiscal Year
2003-2004 Budget to create a new capital project for the
Erskine/Quaker/Slide Project, located in northwest Lubbock (second
and final reading.
ORDINANCE NO.2004-00057
AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF
THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
_ Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to add $300,000 to the Northwest Passage Project and
pass on second and final reading Ordinance No. 2004-00057. Motion
carried: 7 Yeas, 0 Nays.
This item was moved from consent agenda to regular agenda and was
considered following Item 45.
The next item considered was Item 18.
(13.) 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 (second and
final 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.
This item was moved from consent agenda to regular agenda and was
considered following Item 34.
Motion was made by Council Member Martin, seconded by Mayor Pro
Tern Patterson to pass on second and final reading Ordinance No.
2004-00058 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 35.
Items 14-17 were considered following Item 12.
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(14.) ORDINANCE NO. 2004-00059—ZONE CASE NO. 2458-E (north of
Erskine Street and west of North Knoxville Avenue): Ordinance 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 (second and final reading).
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 20.1 ACRES OF UNPLATTED LAND OUT OF SECTION 18, BLOCK
A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
(15.) ORDINANCE NO. 2004-00060—ZONE CASE NO. 3009 (7402 82nd
Street and 8102 Venita Avenue): Ordinance 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 (second and final 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.
(16.) ORDINANCE NO. 2004-00061—ZONE CASE NO. 1864-I (3409
Milwaukee Avenue): Ordinance 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
(second and final 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-I; 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.
(17.) ORDINANCE NO. 2004-00062—ZONE CASE NO. 3010 (7601 191h
Street): Ordinance 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 (second and final 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.
The next items considered were Items 19-21.
(18.) ORDINANCE NO. 2004-00063—ZONE CASE NO. 1615-I (6002
Slide Road): Ordinance 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 (second and final reading).
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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.
This item was moved from consent agenda to regular agenda and was
considered following Item 12.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass on second and final reading Ordinance No.
2004-00063.
Council Member Martin asked if staff had gotten with the Planning and
Zoning Commission to begin work on restudying cell tower regulations
and if so, had anything been done. Randy Henson, Senior Planner, was
not present and it was agreed to hold this item until later in the meeting.
The next item considered was Item 22.
Reconsideration of No. 18 followed Item 43.
Randy Henson, Senior Planner, stated that the Planning Commission was
moving forward on this issue.
Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 48-53.
Items 19-21 were considered following Item 17.
(19.) ORDINANCE NO. 2004-00064—ZONE CASE NO. 2126-D (east of
Chicago Avenue and south of Belmont Avenue and 53`d Street):
Ordinance 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
(second and final 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.
(20.) ORDINANCE NO. 2004-00065—ZONE CASE NO. 2245-A (5012
50`11 Street): Ordinance 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 (second and final 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.
(21.) ORDINANCE NO. 2004-00066—ZONE CASE NO. 3007-A (6722
82nd Street): Ordinance 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 (second and final reading).
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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.
The next items considered were Item 25-26.
(22.) ORDINANCE NO. 2004-00067—ZONE CASE NO. 3011 (2201-2223
Main Street): Ordinance 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 (second and final 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.
This item was moved from consent agenda to regular agenda and was
considered following Item 18.
Motion was made by Council Member Gilbreath, seconded by Council
Member Martin to pass on second and final reading Ordinance No.
2004-00067 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 23.
(23.) ORDINANCE NO. 2004-00068—ZONE CASE NO. 3012 (2102-2124
Main Street): Ordinance 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 (second and final 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.
This item was moved from consent agenda to regular agenda and was
considered following Item 22.
Motion was made by Council Member Gilbreath, seconded by Council
Member Martin to pass on second and final reading Ordinance No.
2004-00068 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 24.
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(24.) ORDINANCE NO. 2004-00069—ZONE CASE NO. 3013 (405, 408,
504 and 508 Avenue W, 406 and 416 Avenue V, 2202-2224 51h Street,
2201-2223 51h Street, 2303-2309 51h Street, 2304-2310 51h Street):
Ordinance 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 (second and final 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.
This item was moved from consent agenda to regular agenda and was
considered following Item 23.
Motion was made by Council Member Gilbreath, seconded by Council
Member Martin to pass on second and final reading Ordinance No.
2004-00069 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 27.
Items 25-26 were considered following Item 21.
(25.) Resolution No. 2004-RO260 authorizing the Mayor to sign a Letter
Agreement between the cities of Brownfield, Floydada, Tulia and the
West Texas Municipal Power Agency (WTMPA) with Southwestern
Public Service (SPS) whereby the City agrees to waive any right to
contest SPS's wholesale power rates or bring related litigation.
RESOLUTION NO.2004-RO260
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 Agreement between
the cities of Brownfield, Floydada, Lubbock, Tulia and the West Texas Municipal Power
Agency (WTMPA) with Southwestern Public Service (SPS) whereby the City agrees to
waive any right to contest SPS's wholesale power rates or bring related litigation subject
to the terms and conditions of the Letter Agreement, which is attached hereto and which
shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of June, 2004.
/s/ MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald,
Director of Electric Utilities
A copy of the Letter Agreement is filed with Resolution No. 2004-R0260.
WTMPA is negotiating a "full requirements" energy contract with SPS at
this time. SPS has stipulated within these contracts that the City of
Lubbock and WTMPA cities agree to waive any right to contest SPS
wholesale power rates. Refusal would result in terminating the "full
requirements" contract negotiations. WTMPA would then have to
generate their own power requirements or find other sources.
Lubbock Power & Light will have increased exposure to natural gas price
uncertainty should City Council not approve this Letter Agreement. The
cost to Lubbock Power & Light is an estimated net loss in the millions, at
current and projected natural gas prices.
Staff recommended approval of this resolution.
(26.) Resolution No. 2004-R0261 authorizing the Mayor to execute a
Commercial Lease Agreement with West Texas Warehouse Co. for
the lease of a warehouse/garage to store vehicles seized by the Police
Department, Police Department undercover vehicles, and other City
property.
RESOLUTION NO.2004-R0261
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Commercial Lease Agreement with
Rosen and Rosen for the lease of a warehouse/garage located at 1407 Avenue F,
Lubbock, Texas, to be used as a garage for storage of seized vehicles, departmental
vehicles and related uses. A copy of the Commercial Lease is attached hereto and shall be
spread upon the minutes of the Council and as spread upon the minutes of the Council
shall constitute and be a part of the Resolution as if fully copied herein.
Passed by the City Council this 9th day of June, 2003.
/s/ MARK MCDOUGAL
MARK MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Lease is filed with Resolution No. 2004-R0261.
This commercial lease would be with West Texas Warehouse Co. for the
lease of a warehouse/garage storage area located at 2301 Avenue C in
Lubbock, Texas. The primary term of this lease is 12 months. The
warehouse at this location is to be used to store vehicles seized by the
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Police Department, Police Department undercover vehicles, and other City
property. The vehicles seized by the Lubbock Police Department or the
South Plains Regional Narcotics Task Force (the City of Lubbock is the
Grantee) during specialized investigations are normally turned over to the
Lubbock Police Department or the South Plains Regional Narcotics Task
Force for use in law enforcement activities. Occasionally, staff is required
to return vehicles to the owners. In those instances, the fact that the
vehicles have been stored indoors keeps liability at a minimum.
The warehouse lease will be paid for with funds from the Byrne Funded
Narcotics Task Force Grant through the South Plains Regional Narcotic
Task Force. The City of Lubbock is the Grantee of the South Plains
Regional Narcotics Task Force. The amount of the lease will be $1,250
per month for a total of $15,000 per year.
The Budget for the South Plains Regional Narcotics Task Force for the
task force year of June 1, 2004 to May 31, 2005 was presented to the City
Council in January 2004, as part of the Byrne Funded Grant application
and was approved on January 22, 2004. Provisions for the lease of
warehouse space was included in the approved Task Force budget,
therefore, there will be no additional fiscal impact upon the City of
Lubbock with this lease agreement.
The Police Department recommended approval of this resolution.
The next items considered were Items 28-32.
(27.) Resolution No. 2004-RO271 authorizing the Mayor to execute for and
on behalf of the City of Lubbock a Memorandum of Agreement with
the Texas Department of Health for HIV/AIDS reporting and
surveillance activities, and any associated documents.
RESOLUTION NO.2004-RO271
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 Memorandum of Agreement with the
Texas Department of Health for HIV/AIDS reporting and surveillance activities and any
associated documents by and between the City of Lubbock and the Texas Department of
Health, a copy of which Memorandum of Agreement is attached hereto and which shall
be spread upon the minutes of this Council and as spread upon the minutes of this
Council shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s,' Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Memorandum of Agreement is filed with Resolution No. 2004-RO271.
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This item was moved from consent agenda to regular agenda and was
considered following Item 24.
This Memorandum of Agreement (MOA) is to formally establish the roles
and responsibilities of the Lubbock City Health Department HIV/AIDS
Surveillance Program, the Public Health Region (PHR) 1 HIV/STD
Program and the Bureau of HIV and STD Prevention surveillance program
in regard to HIV/AIDS reporting and surveillance activities for the State
of Texas residents within the 41 identified counties for Public Health
Region 1 (PHR1).
For the first time in 10 years, the Lubbock Health Department will have to
apply for the AIDS/HIV Surveillance Specialist's grant with the Texas
Department of Health (TDH) in 2004. The AIDS/HIV Surveillance
Specialist is one of four grant -funded positions in the state, responsible for
monitoring the HIV AIDS Surveillance Reporting System (HARS). The
other three HARS sites have expanded their jurisdiction to allow
HIV/AIDS data collection outside of their city/county. Historically, the
Lubbock HARS site was allowed to work within Lubbock county,
although in the past two years, Austin has proposed or discussed the
possibility of our working with Amarillo to collect AIDS/HIV data in
Potter and Randall counties. Now that staff will have to apply for funding,
staff can maximize our getting this grant if staff can demonstrate
flexibility and viability, i.e., cross -train the employee as a Disease
Intervention Specialist (DIS) and expand the position to cover work
outside Lubbock County.
Responsibilities of the Lubbock City Health Department include
conducting active surveillance and reporting activities for human
immunodeficiency virus/acquired immunodeficiency syndrome
(HIV/AIDS) for all 41 counties in Public Health Region 1, comply with
reporting requirements and maintaining a current list of key reporting
sources in the counties in PHR 1, maintain a case file on all confirmed and
suspected cases of HIV and AIDS within counties of PHR 1, evaluate the
system for reporting compliance, initiate epidemiologic investigation on
newly reported No Identified Risk (NIR) cases and cases of public health
importance, and adherence to all confidentiality requirements.
Responsibilities of the TDH PHR 1 include maintaining responsibility for
non -HI V/AIDS STD surveillance activities including surveillance for
gonorrhea, syphilis, chlamydia and chancroid in PHR 1 counties not
covered by other local health department entities in the region. The TDH
Bureau of HIV and STD Prevention Surveillance Program will be
responsible for evaluation compliance with the MOA, maintaining the
reporting database system, and providing programmatic monitoring and
technical assistance.
The term of this MOA will be for a period of one year and may be
renewed annually thereafter upon mutual agreement.
Current funding for one HIV/AIDS Surveillance Specialist is being
provided by a State Surveillance Grant through August 31, 2004 and
continued funding is contingent upon State Surveillance Project Grant
44001 approval that will carry funding through August 31, 2005. Funding
over full salary and benefits, as well as travel.
This program fulfills Core Missions of Public Health —those of
Surveillance and Epidemiologic investigation. This memorandum of
agreement will positively impact future funding contracts with the Texas
Department of Health.
Staff recommended approval of the resolution.
Tommy Camden, Health Director, gave staff comments.
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Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO271 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 33.
Items 28-32 were considered following Item 26.
(28.) Resolution No. 2004-RO262 authorizing the approval of an agriculture
lease agreement between the City of Lubbock (Lubbock International
Airport) and Nadia V. Soliz.
RESOLUTION NO.2004-RO262
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agricultural Lease
Agreement with Nadia V. Soliz at Lubbock International Airport, and all related
documents. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0262.
Lubbock International Airport recently acquired the farmland located
north of FM 1294 from Market Lubbock Inc. (MLI) for the Rail Spur
Project. MLI had a farm agreement with Frank Soliz who has farmed
approximately 145 acres of that land for approximately 12 years. This
agenda item will authorize a new agriculture lease with Nadia V. Soliz,
Mr. Soliz's daughter. The term of the contract is for one year. The rentals
include: 1/3 of all grain produced, 1/4 of all cotton produced, 1/3 of all
government payments for grain acreage diverted in accordance with
government conservation programs and other government programs, 1/4
of all government payments for cotton acreage diverted in accordance with
government conservation programs and other government programs, and
cash rent on other crops as may be negotiated with the Director of
Aviation.
The addition of crop proceeds for approximately 145 acres is
undetermined at this time. However, Market Lubbock, Inc. earned
approximately $3,000 during the last year they owned the land.
The Airport Board and staff recommended approval of this resolution.
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Page 512
(29•) Resolution No. 2004-RO263 authorizing the approval of an agriculture
lease agreement between the City of Lubbock (Lubbock International
Airport) and K. F. Thiel & Sons.
RESOLUTION NO.2004-RO263
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agricultural Lease
Agreement with K. F. Thiel & Sons at Lubbock International Airport, and all related
documents. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0263.
K. F. Thiel & Sons have farmed the airport land for approximately 23
years. This agenda item will authorize a new agriculture lease with the
Thiel sons. The terms of the contract are for one year with nine one-year
automatic renewals. The rentals include: 1 /3 of all grain produced, 1 /4 of
all cotton produced, 1/3 of all government payments for grain acreage
diverted in accordance with government conservation programs and other
government programs, 1 /4 of all government payments for cotton acreage
diverted in accordance with government conservation programs and other
government programs, and cash rent on other crops as may be negotiated
with the Director of Aviation.
There will be no fiscal impact. The new lease has the same rentals and
terms as the former lease.
The Airport Board and staff recommended approval of this resolution.
(30.) Resolution No. 2004-RO264 authorizing the approval of a lease
agreement between the City of Lubbock (Lubbock International
Airport) and K. F. Thiel & Sons.
RESOLUTION NO.2004-RO264
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 Non -Aeronautical Lease
Agreement with K. F. Thiel & Sons at Lubbock International Airport, and all related
documents. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
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Page 513
Passed by the City Council this 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0264.
K. F. Thiel & Sons have leased two warehouses on the east side of the
airport since June 1994. This agenda item will authorize a new warehouse
lease with the Thiel sons. The term will be for one year with nine one-year
automatic renewals. Warehouse #721 is 9,803 square feet at the rate of
$.5371 per square foot per year. Warehouse #722 is 8,560 square feet at
the rate of $.8621 per square foot per year. The total rental will be
$12,644.77 annually or $1,053.72 monthly.
The Fiscal Impact will be an additional $3,916.93 annually or $326.40
monthly.
The Airport Board and staff recommended approval of this resolution.
(31.) Resolution No. 2004-RO265 authorizing the Mayor to execute an
Interlocal Agreement for the lease of space with the Texas Forest
Service, to provide office space in the Fire Department
Administration building.
RESOLUTION NO.2004-RO265
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement for
Lease of Space by and Between City of Lubbock and Texas Forest Service, and all
related documents. Said Agreement is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0265.
The Texas Forest Service has a regional fire service coordinator assigned
to this area of the State. This action would renew the lease for office space
for this individual, in the Fire Administration building. This provides
several benefits to the Fire Department, such as additional training
opportunities and to provide an on -site liaison with the Texas Forest
Service, for resource coordination, in the event of a major incident.
The lease of this office (120 square feet) provides an annual income of
$1800 to the City of Lubbock.
Staff recommended approval of this resolution.
(32.) Resolution No. 2004-R0266 authorizing the Mayor to apply for and
execute a grant application for the Lubbock Urban Gardens (GRUB)
program to be operated for the year 2005.
RESOLUTION NO.2004-R0266
WHEREAS, the City Council of the City of Lubbock finds it in the best interest
of the Citizens of Lubbock that the Lubbock Urban Gardens (GRUB) program be
operated for the 2005 year; and
WHEREAS, the City Council of the City of Lubbock has authorized the Mayor to
apply for and execute the grant and any associated documents; and
WHEREAS, the City Council agrees to provide the minimum matching
percentage for the said project as required by the (Funding Source) grant application; and
WHEREAS, the City Council has agrees that in the event of loss or misuse of the
Criminal Justice Division funds, the City Council assures that such funds will be returned
to the Criminal Justice Division in full; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby approves submission of
the grant application for the Lubbock Urban Gardens (GRUB) Program to the office of
the Governor, Criminal Justice Division and authorizes the Mayor to execute the grant
and any associated documents.
Passed by the City Council this 9th day of June, 2004.
/s/ MARC iV1CDODUt1U_
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ T. J. McAuley
T.J. McAuley, Police Department
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APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
Attorney of Counsel
This grant supports the Lubbock Urban Gardens program that is operated
by the South Plains Food Bank, and provides job skills and life skills to
low income and at risk youth. This program has been funded by this grant
for the past three years.
Matching funds of up to 34% that can be met through cash and/or in -kind
contributions. The South Plains Food Bank estimates that the City of
Lubbock will only be responsible for about 7% of the 34% match. The 7%
City match will be in -kind services by T. J. McAuley.
Staff recommended approval of this resolution.
The next item considered was Item 37.
(33.) Resolution No. 2004-R 0272authorizing a temporary equestrian area
in Mae Simmons Park and the Dunbar Historic Lake area for use by
the Forgotten West Riders, during the Juneteenth activities on June
19, 2004.
RESOLUTION NO. 2004-R0272
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City Council of the City of Lubbock does hereby authorize a
temporary equestrian area in Mae Simmons Park and the Dunbar Historic Lake area for
use by the Forgotten West Riders during the Juneteenth activities on June 19, 2004. A
map designating said temporary equestrian area is attached hereto as Exhibit "A" and
incorporated as if fully set forth herein. This designation of said temporary equestrian
area shall terminate after June 19, 2004.
Passed by the City Council this 9th day of June, 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/ Linda L. Chamales
Linda Chamales, Supervising Attorney/
Office Practice
A copy of Exhibit "A" is filed with Resolution No. 2004-R0272.
This item was moved from consent agenda to regular agenda and was
considered following Item 27.
The Forgotten West Riders have participated in the Juneteenth parade for
many years. After the parade, the participants traditionally ride their
horses in Mae Simmons Park and the east part of the Dunbar Historical
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Page 516
Lake area during the Juneteenth activities (refer to map attached to
resolution). To formalize this location, they are asking that a temporary
equestrian area be designated in this same area for this year's Juneteenth
activities on June 19. Chapter 19-1(10) of the Code of Ordinances allows
for the designation of areas for equestrian use, and if approved, this
temporary equestrian area will be good only for June 19th, and it will
expire at the end of the day.
FISCAL IMPACT:
None.
On May 25, the Parks and Recreation Board approved recommendation of
this request to the City Council. Staff supports the approval of a temporary
equestrian area in Mae Simmons Park and the Dunbar Historical Lake area
for June 19, 2004.
Thomas Peyton, Vice President of the Forgotten West Riders, made
comments.
Motion was made by Mayor Pro Tern Patterson, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO272 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 34.
(34.) Resolution No. 2004-RO273 authorizing a temporary route through
the Jim Bertram Lake System and camping at Dunbar Historical
Lake for a trail ride by the Forgotten West Riders on July 16-18,
2004.
RESOLUTION NO. 2.004-R0273
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City Council of the City of Lubbock does hereby authorize a
temporary equestrian route through the Jim Bertram Lake System for a trail ride and
camping area at Dunbar Historical Lake by the Forgotten West Riders on July 17, 2004.
A map designating said temporary equestrian route and camping area is attached hereto
as Exhibit "A" and incorporated as if fully set forth herein. This designation of said
temporary equestrian route shall terminate after July 17, 2004.
Passed by the City Council this 9th day of June, 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 Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of Exhibit "A" is filed with Resolution No. 2004-R0273.
This item was moved from consent agenda to regular agenda and was
considered following Item 33.
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Page 517
The Forgotten West Riders are proposing a Trail Ride and associated
events to be held July 16-18, 2004, at Dunbar Historical Lake. The trail
ride is scheduled for Saturday, July 17 from approximately 11:00 a.m. to
3:00 p.m. The route for the trail ride is in the Jim Bertram Lake System
from Dunbar Historical Lake through Mackenzie Park to Atzlan Park and
back to Dunbar Historical Lake along the same route (refer to map
attached to resolution). Chapter 19-1(10) of the Code of Ordinances
allows for the designation of areas for equestrian use, and if approved, this
temporary route for the trail ride will expire at the end of the day on July
17, 2004.
The Riders have arranged with the church south of Dunbar Historical Lake
for out-of-town visitors to park their recreational vehicles on the church
property. In addition, the Forgotten West Riders are requesting permission
to allow RV 's to park overnight in the parking lot and camping around the
parking lot on Canyon Lake Drive that is located east of MLK, Jr. Blvd.
and the waterfall for Friday and Saturday nights (refer to map attached to
resolution). Chapter 19-1(5) of the Code of Ordinances allows for the
designation of camping areas. If approved, temporary camping would be
allowed only on Friday, July 16, 2004, through Sunday morning, July 18,
2004.
The Forgotten West Riders will be publicizing information on this
weekend event to riders statewide, and they are expecting a minimum of
approximately 60 riders, with most of the riders being from the Lubbock
area.
FISCAL IMPACT:
None.
On May 25, the Parks and Recreation Board approved recommendation of
this request to the City Council. Staff supports approval of this resolution.
Thomas Peyton, Vice President of the Forgotten West Riders, made
comments.
Motion was made by Mayor Pro Tern Patterson, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO273 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 13.
(35.) Resolution No. 2004-RO274 providing for acceptance of paving
improvements to portions of streets and alleys in the City of Lubbock,
Texas and along the boundaries of said City.
RESOLUTION NO.2004-RO274
A RESOLUTION ACCEPTING IMPROVEMENTS ON THE 2001 PAVING
ASSESSMENT PROGRAM LISTED BELOW AND ORDERING THE ISSUANCE OF
CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street and alley
improvement ordinances and resolutions for the making and construction of paving
improvements in said City, including the following:
1. East-West alley between 10`h Street and lla' Street from Salem
Avenue east to Quaker Avenue, Unit Number A-462-42
2. East-West alley between 56`h Street and 57`h Street from Memphis
west to Nashville Avenue, Unit Number A-462-43
3. U-shaped alley between 851h Street and 86`h Street/Oxford from
85`h Street to Oxford Avenue, Unit Number A-462-44
4. U-shaped alley between 771h Street/York Avenue and 78`h Street/
Zoar Avenue from Slide Road to 79`h Street, Unit Number A-462-
45
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5. East-West Alley between 8`h Street and 91h Street from Salisbury
Avenue east to Salem Avenue, Unit Number A-462-46
6. 251h Street from Milwaukee Avenue east to Lasalle Avenue, Unit
Number 2336-001
7. 261h Street from Milwaukee Avenue east to Kewanee Avenue, Unit
Number 2336-002
WHEREAS, the construction of the above improvements on the above -mentioned
streets and alleys were performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 24 of the City of Lubbock Code of Ordinances: NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the MAYOR and City Secretary BE and are hereby
instructed to execute and deliver certificates in evidence of the assessments levied against
the parcels of property abutting upon the said portions of the streets and alleys listed
above and against the owner(s) of such properties in accordance with law and in the
manner provided in said Contract and the proceedings with reference to said
improvements and assessments where such assessments were levied.
SECTION 2. THAT this resolution authorizes the City Engineer to make final
payment to the contractor.
SECTION 3. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This item was moved from consent agenda to regular agenda and was
considered following Item 13.
This resolution serves to accept paving improvements in an assessment -
paving program. The paving improvements are as follows:
East-West alley between loth Street and I Ith Street from Salem Avenue
east to Quaker Avenue, Unit Number A-462-42.
East-West alley between 56th Street and 57th Street from Memphis
Avenue west to Nashville Avenue, Unit Number A-462-43.
U-shaped alley between 85th Street and 86th Street/Oxford Avenue from
85th Street to Oxford Avenue, Unit Number A-462-44.
U-shaped alley between 77th Street/York Avenue and 78 th Street/Zoar
Avenue from Slide Road to 79th Street, Unit Number A-462-45.
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East-West alley between 8th Street and 9th Street from Salisbury Avenue
east to Salem Avenue, Unit Number A-462-46.
25th Street from Milwaukee Avenue east to LaSalle Avenue, Unit Number
2336-001.
26th Street from Milwaukee Avenue east to Kewanee Avenue, Unit
Number 2336-002.
FISCAL IMPACT:
The total contract cost for the paving improvements is $300,408.22. The
property owners' portion is $157,985.87. The City's portion is
$142,422.3 5.
Maintenance by the Street Department will be reduced significantly.
Approval of this resolution will authorize the City Engineer to make final
payment to the Contractor in the amount of $3,004.08.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tem Patterson, seconded by Council
Member Martin to pass Resolution No. 2004-RO274 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 38.
(36.) Resolution No. 2004-R authorizing the Mayor to execute for and on
behalf of the City of Lubbock a Grant Management Agreement, by
and between the City of Lubbock and the North and East Lubbock
Community Development Corporation for economic development
services, and all related documents.
This item was deleted.
(37.) Consider the price and conditions of sale of Parcel 808850-0-30 at
1919 East 19'h Street, legally described as Lot C, Spruce Addition to
the City of Lubbock, Lubbock County, Texas.
This item was considered following Item 32.
This is a routine sale of a vacant lot by the Urban Renewal Agency to
Charles E. Key, dba Key Construction Company, for $900. The property
is to be developed with a new 1,200 square foot single-family residence
valued at approximately $65,000. The lot is properly zoned for residential
development.
FISC.AL 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 May 18, 2004. The Community Development staff recommended
approval of this resolution.
The next items considered were Items 41-42.
(38.) Consider the price and conditions of sale of Parcels 78990-10-24, 25,
26 and 27 at 1323, 1325, 1327 and 1329 East 251h Street on Lots 24, 25
26 and 27 in Block 10, Sieber Addition, and Parcels 78990-11-1, 3, 6, 7
and 8 at 1332, 1328, 1322, 1320 and 1318 East 251h Street, on the north
120 feet of Lots 1, 3, 6, 7 and 8 in Block 11, Sieber Addition, all of the
City of Lubbock, Lubbock County, Texas.
This item was moved from consent agenda to regular agenda and was
considered following Item 35.
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Page 520
This is a sale of nine vacant lots by the Urban Renewal Agency to Charles
E. Key, dba Key Construction Company. at $400 each, for a total of
$3,600. These vacant parcels are to be developed with single-family
residences with 1,000 to 1,300 square feet valued from approximately
$60,000 to $70,000. These lots are properly zoned for residential
development.
FISCAL IMPACT
The sale and development will enhance the neighborhood, put the
properties 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 May 18, 2004. The Community Development staff recommended
approval of this resolution.
Nancy Haney, Community Development Director, gave staff comments.
Motion was made by Mayor Pro Tern Patterson, seconded by Council
Member Jones to pass Item 38 as recommended by staff. Motion carried:
7 Yeas, 0 Nays.
The next item considered was Item 39.
(39.) Consider approval of a donation to HOME Match to the Lot and
Zoning Improvement Program to further affordable housing, an
Urban Renewal vacant lot at 2002 Southeast Drive designated as
Parcel 15760-13-10, legally described as Lot 1, Block 13, Coronado
Addition to the City of Lubbock, Lubbock County, Texas.
This item was moved from consent agenda to regular agenda and was
considered following Item 38.
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 HOME match
value. The lot is properly zoned for residential development.
This lot will be developed for an approved family in conjunction with the
Community Development Department's Lot and Zoning Improvement
Program (LAZIP). LAZIP assists low to moderate income home owners
living in substandard housing located on improperly zoned lots,
substandard sized lots, or a lot located in a flood zone to decent, safe, and
sanitary housing. The lot will be developed with a new single-family
residence with approximately 1,400 square feet. Construction will be of
insulated concrete forms with brick exterior, energy efficient windows and
aluminum siding on soffit and fascia, with an approximate value of
$80,000.
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.
This program also rids the neighborhood of slum and blight, as the
existing substandard house will be demolished.
The Urban Renewal Board of Commissioners approved the donation on
May 18, 2004. The Community Development staff recommended approval
of this resolution.
Nancy Haney, Community Development Director, gave staff comments.
Motion was made by Mayor Pro Tem Patterson, seconded by Council
Member Jones to pass Item 39 as recommended by staff. Motion carried:
7 Yeas, 0 Nays.
The next item considered was Item 40.
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(40.) Consider approval of a donation for the Affordable Housing Expo
"Be Home for Christmas" — in conjunction with the North and East
Lubbock Direct Homeownership Assistance Program to further
affordable housing on Urban Renewal vacant lots on Parcel
78990-7-11 at 1707 East 29`h Street on Lot 11, Block 7, Sieber
Addition, Parcel 78990-9-16 at 1509 East 251h Street on Lot 16, Block
9, Sieber Addition, Parcels 54490-0-1990 and 2000 at 2404 and 2406
East 301h Street on Lots 199 and 200 of the Manhattan Heights
Addition, Parcel 34530-43-23 at 103 Vernon Avenue on Lot 23,
Harder Subdivision of Block 43, Roberts and McWhorter Addition,
Parcel 69930-2-23 at 2216 2"d Place on Lot 23, Block 2, Perkins
Subdivision of Blocks 17-21, Roberts and McWhorter Addition, and
Parcel 58200-2-7at 1702 East 131h Street on Lot 7, Block 2, S. W.
McGaw Addition, all of the City of Lubbock, Lubbock County, Texas.
This item was moved from consent agenda to regular agenda and was
considered following Item 39.
This is a donation of the seven subject vacant lots by the Urban Renewal
Agency for the Affordable Housing Expo to be held on December 3, 4 and
5, 2004, with a marketing theme of "Be Home For Christmas". The lots
are properly zoned for residential development and are not located in a
flood zone.
The Community Development Department received funds to administer a
North and East Lubbock Direct Homeownership Assistance Program
(NELDHAP) for soft second funds of $150,000 and Down Payment and
Closing Cost funds of $50,000. These funds were recommended for
approval for North and East Lubbock by the Community Development
Services Board and approved by the City Council and Housing and Urban
Development (HUD). In an effort to maximize the funds, it was decided to
tie the funds to new construction development in North and East Lubbock.
Leveraging the funds with private builders/dollars will develop
partnerships and spur economic development through housing for this
area, thus assisting in the achievement of the Mayor and Council's
initiative and goal for North and East Lubbock.
This assistance will be available to qualifying first time low and moderate
income homebuyers in the form of Soft Second Funds up to $10,000 per
house; with up to an additional $5,000, if needed, for the buyer to qualify
for the home and up to $3,000 in down payment and closing costs funds.
The following responding contractors from the West Texas Home
Builder's Association and the Community Development Department's
approved contractors' list were matched with the following Urban
Renewal vacant lots through a drawing process:
1. Silbiano Lee Rangel, dba Lee's Home Improvements 2406 East 30th Street
2. Larry J. Leivas and Oralia Leivas, Leivas Custom Homes 2216 2nd Place
3. Lynn Lee dba Lubbock Legacy Homes, Inc. 1707 East 29th Street
4. Richard C. McGuire, McGuire Builders, Inc. 103 Vernon Avenue
5. Dennis Michels, Western Highlander Consulting 1509 East 25th Street
6. Patrick Kelly, Kelly Properties 2404 East 30th Street
7. Alternate (does not have builder tied to it yet) 1702 East 13th Street
- The Lubbock Housing Finance Corporation will also participate in the
Affordable Housing Expo — "Be Home For Christmas" — with three of its
lots located at 2907 Beech Avenue, 2437 East 28`h Street and 2430 East
291h Street. The North and East Lubbock Community Development
Corporation (CDC) is another partner in the expo. John Hall will be
helping market the expo and to identify potential homebuyers for the
houses.
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FISCAL IMPACT:
The donation of the lots and the new homes will encourage home
ownership in the North and East Lubbock area, put the property into
private ownership, back on the tax roles and remove the weed mowing
expense. Infill of vacant lots will improve neighborhoods. The Affordable
Housing Expo will hopefully increase interest and spur additional
economic development in North and East Lubbock.
The Urban Renewal Board of Commissioners approved the donation on
April 20, 2004. The Community Development staff recommended
approval of this resolution.
Nancy Haney, Community Development Director, gave staff comments.
Motion was made by Mayor Pro Tem Patterson, seconded by Council
Member Jones to pass Item 40 as recommended by staff. Motion carried:
7 Yeas, 0 Nays.
The next item considered was Item 43.
Items 41-42 were considered following Item 37.
(41.) Resolution No. 2004-RO267 - for Emergency Engine Overhaul on
Caterpillar D-8 Dozer (Fleet Services).
RESOLUTION NO. 2004-RO267
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 an
emergency overhaul of engine on VO10110 D-8 dozer, between the City of Lubbock and
Warren Cat of Lubbock, Texas, and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 9th day of June, 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-R0267.
A D-8 Caterpillar Bulldozer is used at the West Texas Regional Disposal
Facility (Abernathy landfill) to cover trash, clear roads, push or pull
vehicles during wet weather, and move dirt. This equipment is used by the
Solid Waste Disposal Department each day that the landfill is open. The
engine on the bulldozer needed to be rebuilt since it is vital to landfill
operations. Without this equipment, the landfill will become
non -compliant with the Texas Commission on Environmental Quality.
Warren Cat in Lubbock, Texas is the only local manufacturer certified
repair facility for this equipment.
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Page 523
FISCAL IMPACT:
A total of $300,000 was appropriated with $130,000 available in project
number 5515.8203 (Equipment Maintenance -Heavy Moveable) for this
purpose.
Staff :recommended contract award to Warren Cat of Lubbock, Texas for
$28,9.58.
(42.) Resolution No. 2004-RO268 authorizing the Mayor to approve an
application for the eligibility of Windy Hills Therapy to receive City
surplus property.
RESOLUTION NO.2004-RO268
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 approve for and on behalf of the City of Lubbock an Application for
Eligibility to Receive City Surplus Property by and between the City and Windy Hills
Therapy of Lubbock, Texas, and all related documents. Said Application 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 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
Is/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Application is filed with Resolution No. 2004-R0268.
City policy allows City Council to authorize the transfer of surplus City
property that would otherwise be destroyed or disposed of as worthless, to
a governmental, charitable, or civic organization located in the City of
Lubbock, provided the organization provides public services that will
benefit all or a significant part of the City of Lubbock.
The Water Treatment Plant has a 20-foot by 60-foot roll of 100-mil black
poly liner that is several years old and was used for patching material. The
leading edge of the water line at terminal storage was replaced with a
cement retaining wall and the poly liner material is no longer needed.
Windy Hills Therapy of Lubbock, Texas is a non-profit organization
committed to a culturally diverse environment, which provides
encouragement, opportunities, and resources to enable people with
disabilities to live satisfying, independent and productive lives and to
enjoy the same rights, freedoms and responsibilities as their fellow
citizens. The surplus poly liner will be used as a liner for their fishing
pond to help retain water at a constant level. The fishing pond is an
extension of therapy services and enables participants an opportunity to
experience outdoor activities.
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Page 524
FISCAL IMPACT:
Not Applicable.
Staff recommended approval of this resolution.
The next items considered were Items 44-45.
(43.) Resolution No. 2004-RO275 - BID #058-04/RW - for Thermoplastic
Marking Material (Traffic Engineering).
This item was moved from consent agenda to regular agenda and was
considered following Item 40.
RESOLUTION NO.2004-RO275
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 thermoplastic
marking material, between the City of Lubbock and Barricades Unlimited 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 9th day of June, 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 Knijaht
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0275.
This contract involves furnishing and installing thermoplastic marking
materials at various locations in the City of Lubbock, providing increased
visibility of street lane markings for the driving public.
FISCAL IMPACT:
A total of $425,417 was appropriated with $150,000 available in account
number 4525.8260 (New Traffic Signals, Traffic Maintenance) for this
purpose.
Staff recommended contract award to Barricades Unlimited, of Lubbock,
Texas for $108,712.05.
Motion was made by Council Member Martin, seconded by Mayor Pro
Tern Patterson to pass Resolution No. 2004-RO275 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Gilbreath recused himself
At this time, Item 18 was reconsidered.
Items 44-45 were considered following Item 42.
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Page 525
(44.) Resolution No. 2004-RO269 -BID #061-04/RS -for Fire Stations #9
and #l.l Vehicle Exhaust Systems (Facilities Management).
RESOLUTION NO. 2004-RO269
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for Fire Stations
#9 and #11 vehicle exhaust systems, between the City of Lubbock and Air Cleaning
Technologies, Inc. of Broken Arrow, Oklahoma, 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 9th day of June, 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 Contract is filed with Resolution No. 2004-R0269.
This project involves the purchase and installation of vehicle exhaust
systems at Fire Stations #9 and #11. The installed system will be
connected to Fire Department vehicle exhaust systems while they are
parked in the station and will be activated when the engines are turned on,
preventing the stations from filling up with carbon monoxide gas.
Time for completion of this project is 60 consecutive calendar days and
liquidated damages is $250 per day. Twenty-nine local contractors were
notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $95,000 was appropriated with $85,000 available in project
number 90321 (Fire Stations #9 and #11 Vehicle Exhaust System) for this
purpose.
Staff recommended contract award to Air Cleaning Technologies of
Broken Arrow, Oklahoma for $81,364.
(45.) Resolution No. 2004-RO270 - BID #073-04/RS - for 58 Horsepower
Diesel Skid Steer Loader (Fleet Services).
RESOLUTION NO.2004-RO270
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 i:or and on behalf of the City of Lubbock, a Purchase Order for a 58
horsepower diesel skid steer loader, between the City of Lubbock and Associated Supply
Company, Inc. of Lubbock, Texas, and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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Page 526
Passed by the City Council this 9th day of June, 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-R0270.
This bid is for the purchase of a skid steer loader to be used by the
Pipeline Maintenance Department to break out cement and asphalt on
large water main breaks and on small and large construction jobs. Using
this equipment reduces work time in half compared to doing it manually.
The department is currently renting this type of equipment once every one
or two months at an average cost of $500 to $1,500 for each rental.
Purchasing the equipment can pay for itself within five years, with an
estimated life expectancy of ten or more years.
Eight local businesses were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $38,000 was appropriated with $38,000 available in project
number 90278 (Water Major Equipment Replacement FY 02-03) for this
purpose.
Staff recommended contract award to Associated Supply Company, Inc.
of Lubbock, Texas for $37,254.50.
The next item considered was Item 12.
(46.) Resolution No. 2004-R - BID #076-04/RS—for Bio-Safety Level 3
Laboratory Equipment Commissioning (Facilities Management).
This item was deleted.
ELECTRIC UTILITIES
(47.) Ordinance No. 2004-0 ordering a charter amendment election for
submission to the qualified voters of the City of Lubbock, Texas, a
proposition calling for adoption or rejection of an amendment to the
charter of the City of Lubbock creating an Electric Utility Board for
the governance, management and operation of the City's electric
utility.
This item was deleted.
Items 48-53 were considered following reconsideration of Item 18.
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Page 527
FINANCE
Investments/Debt
(48.) Resolution No. 2004-RO276 approving and authorizing publication of
"Notice of Intention to Issue" and "Notice of Sale" of Tax &
Waterworks System (limited pledge) Revenue Certificates of
Obligation, Series 2004 in an amount not to exceed $2,800,000.
RESOLUTION NO.2004-RO276
A RESOLUTION approving and authorizing publication of (i) notice of intention
to issue certificates of obligation and (ii) notice of sale with respect to such certificates of
obligation.
WHEREAS, the City Council of the City of Lubbock, Texas, has determined that
certificates of obligation should be issued in accordance with the provisions of V.T.C.A.,
Local Government Code, Subchapter C of Chapter 271, for the purpose of paying
contractual obligations to be incurred for (i) street improvements, including drainage,
street lights, and traffic signalization and the acquisition of land and rights -of -way
therefor, and (ii) professional services rendered in connection with such projects and the
financing thereof; and
WHEREAS, :prior to the issuance of said certificates of obligation, this Council is
required to give notice of its intention to issue the same in the manner and time provided
by law and to publish a notice of sale with respect thereto in accordance with the
provisions of the City's Charter; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1: The City Secretary is hereby authorized and directed to cause notice
to be published of this Council's intention to issue certificates of obligation in the
principal amount not to exceed $3,100,000 for the purpose of paying contractual
obligations to be incurred for (i) street improvements, including drainage, street lights,
and traffic signalizat:ion and the acquisition of land and rights -of -way therefor, and (ii)
professional services rendered in connection with such projects and the financing thereof,
and such certificates shall be payable from ad valorem taxes and a pledge of the net
revenues of the City's Waterworks System. The notice hereby approved and authorized to
be given shall read substantially in the form and content of Exhibit A hereto attached and
incorporated herein by reference as a part of this resolution for all purposes, and such
notice shall be published in a newspaper of general circulation in the City, once a week
for two consecutive weeks, the date of the first publication to be at least fifteen (15) days
prior to the date stated therein for the passage of the ordinance authorizing the issuance of
the certificates of obligation.
SECTION 2: The City Secretary is hereby authorized and directed to cause a
notice relating to the; sale of certificates of obligation to be published once a week for a
period of thirty (30) days; such notice of sale to read substantially in the form and content
of Exhibit B hereto attached and incorporated herein by reference as a part of this
resolution for all purposes.
SECTION 3: It is officially found, determined, and declared the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as
amended.
SECTION 4: This Resolution shall be in force and effect from and after its
passage on the date shown below.
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Page 528
PASSED AND APPROVED, this June 9, 2004.
CITY OF LUBBOCK, TEXAS
/s/ MARC MCDOUGAL
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
The proceeds from the sale of this bond issuance will be used for
improvements to the City's streets, streetlights, traffic signals and to pay
costs associated with issuance of these bonds.
The projects tentatively scheduled to be funded are:
Sharp Freeway Right of Way Funded by 2004 CO: $2,100,000
The latest estimate from TxDOT for right-of-way (including railroad
relocation) and eligible utility costs on the Sharp Freeway totals
$156,080,000. The City's responsibility for these costs is 10% or $15.6
million. The City has previously paid $13.5 million to TxDOT. Therefore,
the total due to TxDOT is currently $2.1 million.
EQS Environmental _Funded by 2004 CO: $300,000
EQS (Erskine/Quaker/Slide) Environmental Document is a project that
will provide for the preparation of an environmental document,
preliminary engineering, schematics and other work necessary for the
environmental clearance for the future construction of this project. The
location of the project area is in Northwest Lubbock and will include the
following specific locations: Loop 289 main lanes from Frankford to
Clovis Road, 41h Street and Loop 289 grade separation, Slide Road and
Loop 289 grade separation, Slide Road from Erskine Street to 4 h Street,
Erskine Street from Frankford Avenue to Quaker Avenue, and Erskine
Street and Loop 289 grade separation.
Traffic Signals Funded by 2004 CO: $60,000
New traffic signals as approved by City Council in 2003-04 budget.
Street Lights Funded by 2004 CO: $235,000
New street lights as approved by City Council in 2003-04 budget.
After the issuance of this debt, if there are any excess bond proceeds
available, those funds will be reserved and allocated only to other
qualifying bond projects as approved by City Council. Any interest
earnings on unexpended bond proceeds will be applied to debt service
payments. The costs of issuance will be reimbursed from bond proceeds.
FISCAL IMPACT:
The current tax rate dedicated to debt service has the capacity to issue $2.8
million in bonds with no increase in the tax rate for FY 03-04.
SUMMARYIRECOMMENDATION:
As this action is the first necessary step to proceed with a bond issuance,
staff recommended passage of these resolutions. Pricing date is set for
August 10, 2004.
Council Member Martin asked City Attorney Burgess if the $300,000,
which had been added to the budget for the Northwest Passage
engineering, was included in the $2,800,000 figure.
Craig Farmer, Managing Director of Planning & Transportation, stated
that it was not included and that the figure EQS Environmental - Funded
by 2004 CO: $300,000 should be changed to $600,000. This would
change the total from $2.8m to $3.1m.
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Page 529
Motion was made by Council Member Martin, seconded by Council
Member Boren to pass Resolution No. 2004-RO276 with the figure to be
$3.1m. Motion carried: 7 Yeas, 0 Nays.
MISCELLANEOUS
Business Development
(49.) Resolution No. 2004-RO277 giving Notice of Intent to enter into a tax
abatement agreement with Chisum Travel Center Ltd.
RESOLUTION NO.2004-RO277
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with Chisum Travel Center, Ltd.; and
WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the
City Council to be given to the presiding officer of the governing body of each taxing
unit in which the property to be subject to the Tax Abatement Agreement is located;
NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary shall give notice as set forth in Exhibit "A" of the
intention of the City Council to enter into a Tax Abatement Agreement with Chisum
Travel Center, Ltd.; said notice to be given to the presiding officers of each governing
body of each taxing; unit having jurisdiction in assessing taxes on property located at
2610 E. Slaton Highway in the City of Lubbock, Lubbock County, Texas and being more
particularly described as Tract A, Chisum Travel Center Addition to the City of Lubbock,
Lubbock County, Texas.
Passed by the City Council this 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Business and
Neighborhood Development Director
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
The City of Lubbock has received an application for commercial tax
abatement from Chisum Travel Center, Ltd. to build a travel center/truck
stop at 2611 East Slaton Highway, in the Lubbock 2000 South Enterprise
Zone.
The project meets the Commercial Tax Abatement Policy and Guidelines
minimum investment of $250,000. Total investment in the project will be
approximately $2,500,000. This facility will create approximately 10 new
jobs over the next seven to nine months.
Market Lubbock, Inc. considered Chisum's application at its February 26,
2004 Board meeting and recommended a five-year declining scale tax
abatement for the project. The abatement amount for the City of Lubbock
is estimated at:
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Regular City Council Meeting
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Page 530
Year 1 100% $13,643
Year 2 80% $10,914
Year 3 60% $ 8,186
Year 4 40% $ 5,457
Year 5 20% $ 2,729
The estimated total City abatement over the life of the contract is $40,929.
The estimated total County abatement over the life of the contract would
be $28,260.
FISCAL IMPACT:
If the five-year declining scale abatement is approved, the following is the
fiscal impact to the City of Lubbock in the form of abated property taxes:
Year 1:
$13,643
Year 2:
$10,914
Year 3:
$ 8,186
Year 4:
$ 5,457
Year 5:
$ 2,729
Total:
$40,929
The project will add $2.5 million in new value to the tax base in the
Lubbock 2000 South Enterprise Zone and 10 new jobs. Under the current
guidelines, Chisum Travel Center Ltd. is eligible and meets all the criteria
for tax abatement.
Staff concurs with Market Lubbock Inc.'s recommendation of approval of
the tax abatement for a term of five years, with a declining schedule
beginning with 100% and declining by 20% each year.
Rob Allison, Manager of Business and Neighborhood Development, gave
staff comments. He recognized Eric Golle and Pat Brown of Chisum
Companies and Gary Lawrence, Market Lubbock, Inc.
Motion was made by Mayor Pro Tem Patterson, seconded by Council
Member Boren to pass Resolution No. 2004-R0277 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
Other
(50.) Resolution No. 2004-R0278 regarding ownership of University Plaza
for the benefit of South Plains College, in accordance with the Higher
Education Authority Act.
RESOLUTION NO. 2004-R0278
WHEREAS, the City of Lubbock approved the creation of the Lubbock
Educational Facilities Authority, Inc., a Texas nonprofit corporation by Resolution No.
6220, February 25, 1999, for the purpose of aiding institutions of higher education in
providing educational or housing facilities; and
WHEREAS, pursuant to the grant of authority under Section 55.34(a) of the
Texas Education Code, as amended, Lubbock Educational Facilities Authority, Inc. may
issue revenue bonds to make a loan to the borrower, On Track Ministries, Inc., a
501(c)(3) Texas nonprofit corporation, for the acquisition (for the benefit of South Plains
College), the renovation and the repair of University Plaza, 1001 University Avenue,
Lubbock, Lubbock County, Texas, a housing facility for students attending Texas Tech
University and participating in the South Plains College Gateway Program; and
WHEREAS, University Plaza is located within the corporate limits of the City of
Lubbock; and
WHEREAS, the South Plains College Board of Regents approved the resolution
(attached as Exhibit A and incorporated herein as if fully set forth) which requests that
the Lubbock Educational Facilities Authority, Inc. 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; and
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Regular City Council Meeting
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Page 531
WHEREAS, South Plains College has agreed to accept and has authority to
receive legal title to University Plaza not later than May 1, 2034, when the revenue bond
obligation issued to acquire the facility is paid in full; and
WHEREAS, this resolution is presented to the City of Lubbock in accordance
with Section 53.33(a)(4) of the Texas Education Code, as amended, which requires that
the ownership of the facility by the nonprofit instrumentality must be approved by
official action of the governing bodies of the city that created the authority, the school
district in which the facility is located, and the county in which the facility is located;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That solely for the purposes of TEX. ED. CODE § 53.33(a)(4)(A), the City of
Lubbock preliminarily approves the proposed ownership of University Plaza by
On Track Ministries, Inc., a Texas nonprofit corporation for the benefit of South
Plains College; and
2. That final approval of such ownership will be subject to the following conditions:
a. The Council shall be furnished with such legal opinions, certificates, and
other information which shall satisfy the Council that the ownership of
University Plaza by On Track Ministries, Inc. shall not result in either (1)
the exemption of such property from ad valorem taxation by the City or
(2) the abatement of taxes which would otherwise be applicable to the
property unless other provision is made to compensate the City for the loss
of such tax revenue; and
b. Such other conditions as the City may deem appropriate.
3. That this resolution is not to be deemed an approval or disapproval of the issuance
of bonds by the Lubbock Educational Facilities Authority, Inc. or of the project
for TEFRA purposes.
Passed by the City Council this 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Andy Burcham
Andy Burcham, Cash / Debt Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
A copy of Exhibit A is filed with Resolution No. 2004-R0278.
This item was continued from the May 6, 2004 and the May 25, 2004 City
Council Meetings. 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
attomeys 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.
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Regular City Council Meeting
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Page 532
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, see the attached materials requesting approval
and providing background information concerning the entities proposed to
be involved.
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
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 Gilbreath stated he had talked with Don Dennis, attorney
for Lubbock Educational Facilities Authority, and he helped give
clarification to this item.
Motion was made by Council Member Gilbreath, seconded by Council
Member DeLeon to pass Resolution No. 2004-R0278, which includes:
1. That solely for the purposes of TEx. ED. CODE § 53.33(a)(4)(A),
the City of Lubbock preliminarily approves the proposed
ownership of University Plaza by On Track Ministries, Inc., a
Texas nonprofit corporation for the benefit of South Plains
College; and
2. That final approval of such ownership will be subject to the
following conditions:
a. The Council shall be furnished with such legal opinions,
certificates, and other information which shall satisfy the
Council that the ownership of University Plaza by On
Track Ministries, Inc. shall not result in either (1) the
exemption of such property from ad valorem taxation by
the City or (2) the abatement of taxes which would
otherwise be applicable to the property unless other
provision is made to compensate the City for the loss of
such tax revenue; and --
b. Such other conditions as the City may deem appropriate.
3. That this resolution is not to be deemed an approval or disapproval
of the issuance of bonds by the Lubbock Educational Facilities
Authority, Inc. or of the project for TEFRA purposes.
Council Members Martin and Boren had concerns about the motion being
made before this item was clarified.
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Regular City Council Meeting
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Page 533
Discussion was then had. Those speaking were: Mr. Dennis; David
Langston, attorney representing Prime Campus, LLC and On Track
Ministries; and Star Schulke, representing the ownership of University
Plaza.
Linda Chamales, Assistant City Attorney, answered questions from
Council.
Motion carried: 5 Yeas, 2 Nays. Council Members Boren and Martin
voted Nay.
(51.) Resolution No. 2004-RO279 authorizing a rate change application filed
by Southwestern Public Service Company (Xcel Energy) for their
ratepayers in Lubbock.
CORDER AND RESOLUTION NO.2004-RO279
AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LUBBOCK SITTING AS A REGULATORY AUTHORITY PURSUANT TO
SECTION 33.001 OF THE TEXAS UTILITIES CODE, WITH REGARD TO A RATE
CHANGE APPLICATION FILED BY SOUTHWESTERN PUBLIC SERVICE
COMPANY D/B/A/ XCEL ENERGY ("SPS") WITH THE CITY.
WHEREAS, pursuant to Section 33.001 of the TEXAS UTILITIES CODE, the City of
Lubbock has exclusive original jurisdiction over the rates, operations, and services of an
electric utility operating within the corporate limits of the City of Lubbock; and
WHEREAS, SPS has heretofore filed a Application for Rate Change and
Statement of Intent to Terminate or Change Tariffs on June 1, 2004; and
WHEREAS, such proposed change will result in very little impact for the
customers of SPS; and
WHEREAS, SPS has represented to the City Council of the City of Lubbock that
such proposed change is not a "major change" as defined by Section 36.101 of the TEXAS
UTILITIES CODE; and
_ WHEREAS, such proposed change is not a "major change" requiring a public
hearing under the provisions of Sections 36.101 and 36.105 of the TEXAS UTILITIES
CODE, also known as the Public Utility Regulatory Act ("PURA"); and
WHEREAS, pursuant to the representations made by SPS in their Application for
Rate Change and Statement of Intent to Terminate or Change Tariffs, good cause exists
for implementing such rates;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
THAT, pursuant to the applicable provisions of the TEXAS UTILITIES CODE a
hearing in this proceeding is waived, and pursuant to the representations made by SPS in
their Application for Rate Change and Statement of Intent to Terminate or Change
Tariffs, SPS shall be entitled to place into effect for usage on and after June 1, 2004 its
proposed schedule of electric rates filed with the City Secretary of the City of Lubbock
on April 30, 2004, which rate changes are reflected on the tariffs and schedules attached
hereto.
ORDERED AND RESOLVED by the City Council this 9th day of June, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Regular City Council Meeting
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Page 534
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Matthew Wade
Matthew L. Wade, Assistant City Attorney
A copy of the rate changes reflected on the tariffs and schedules are filed with
Resolution No. 2004-R0279.
Council requested that this item be held over in order to gain more specific
information regarding the fiscal impact that these tariff changes will have
on City revenues. Xcel Energy has calculated that the annual impact on
their contribution to the City of Lubbock franchise fees would be a
decrease in payment of $4,241.54. Xcel Energy's attachment outlining
their figures is provided as back up.
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 5 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 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 5 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:
Xcel Energy has calculated that the annual impact on their contribution to
City of Lubbock franchise fees would be a decrease in payment of
$4,241.54. Xcel Energy's attachment outlining their figures is provided as
back up.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-R0279 with the exception
of the item dealing with deleting the 5% late charge on residential and not
granting that part of it. Motion carried: 7 Yeas, 0 Nays.
(52.) Resolution No. 2004-R0280 authorizing the Mayor to adopt an
amended travel policy for the Mayor and City Council.
534
Regular City Council Meeting
June 9, 2004
Page 535
RESOLUTION NO. 2004-RO280
WHEREAS the City Council did by resolution #1610, as amended by Resolution
# 2529, establish policies and procedures pertaining to the operation of the City of
Lubbock in Volume 1 of a Policies and Procedure Manual; and
WHEREAS 1:he City Council deems it to be in the best interest of the City of
Lubbock to amend certain policies and procedures as set forth in this manual; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council Rules, Order of Business and Procedures as set forth in
Volume 1 of the Policies and Procedure Manual of the City of Lubbock is hereby
amended by replacing Section VI. entitled "Travel Policy" with the new Travel Policy
set forth in the attachment to this resolution. Said Policy 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 9th day of June, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
A copy of the Policy is filed with Resolution No. 2004-R0280.
Council member Boren requested that a travel policy be outlined for the
City Council when they travel on business. The policy would require that
City Council approve a travel budget of $21,000 a year, to be divided by
all seven Council members.
FISCAL IMPACT:
$21,000 to be budgeted for fiscal year 2004-2005.
Recommended for approval by Council Member Gary Boren.
Motion was made by Council Member Boren, seconded by Council
Member DeLeon to pass Resolution No. 2004-RO280 with the last
sentence of No. 4 of the City Council Travel/Business Expense Policy
reading as follows: "Original receipts must be attached to the expense
report.." Motion carried: 7 Yeas, 0 Nays.
(53.) Consider a request from the Lubbock Sports Authority for a mid -year
increase of $11,428 for fiscal year 2003-2004 budget.
The Lubbock Sports Authority (LSA) has been operating under the
premise that the $16,702 received in December of 2003 was to be
allocated to the current fiscal year's budget. During the revised budget
process, LSA learned that $11,428 was actually to be allocated to last
year's budget. As this point in the year, the LSA has allocated all those
dollars for specific events. The LSA is not confident they will remain
within its budget for the 2003-04 fiscal year without the $11,428.
Therefore, the LSA is requesting $11,428 be transferred from the existing
Hotel Occupancy Tax Fund to LSA.
FISCAL IMPACT:
$11,428 from the Hotel Occupancy Tax Fund.
Staff does not recommended this revision, because currently there are no
monies available in the existing Hotel Occupancy Tax Fund. Staff
recommended this issue be revisited in late September and check at that
time if any extra revenue can be allocated.
535
Regular City Council Meeting
June 9, 2004
Page 536
Jeff Chase, Director of Lubbock Sports Authority, spoke to Council
concerning the increase.
Mayor McDougal stated he understood there are no monies in the reserve
account. Beverly Hodges, Interim Chief Financial Officer, verified there
are no monies.
Susan Snead, Chief Financial Officer, Market Lubbock, Inc, spoke
regarding the increase.
City Manager Fox recommended that Council hold this item until
September to see where the monies stand. He suggested that Lubbock
Sports Authority cut their budget back.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to follow the recommendation of the City Manager and
instruct the Lubbock Sports Authority to cut their current year budget
$11,428 to balance it.
Council Member Boren asked Jeff Chase and Susan Snead if they felt they
had been misled. He stated he wanted to make sure Council was upfront
with Lubbock Sports Authority. Ms. Snead stated she felt they were not
misled, but there was a misunderstanding.
City Manager Fox stated that staff would sit down and visit about this
matter.
Mayor McDougal asked that Melissa Trevino, Budget Manager, give an
accounting of what is in the referenced account.
At this time, Council Members Martin and Gilbreath withdrew their
motions.
No action was taken on this item.
BOARD APPOINTMENTS
(54.) Set terms for members of the Water Board of Appeals.
The initial Board members shall serve as follows: three members shall
serve for a term of one year and four members shall serve for a term of
two years. Terms to be determined by the City Council. At the expiration
of the terms of the initial Board members, all terms shall be for two years.
Terms were determined by a drawing.
David Bayouth 1 Year
Coy Howell 2 Years
Art Martin 1 Year
Paul Nash 2 Years
Robert Rodgers 2 Years
Tracy Wallace 2 Years
Cecil White 1 Year
(55.) Consider appointments to the Community Relations Task Force.
This item was deleted.
(56.) Consider appointments to the Urban Design/Historic Preservation
Commission.
This item was deleted.
1:28 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
2:54 P. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
isu
Regular City Council. Meeting
June 9, 2004
Page 537
All council members were present, except Mayor Pro Tem Patterson
(57.) Presentation of the City of Lubbock Strategic Water Plan by Water
Texas.
Lynn Sherman, President of Water Texas, gave a PowerPoint presentation
on the: City of Lubbock Strategic Water Plan. Mr. Sherman stated that in
terms of the overall conclusion, there are two things that are important.
Number one, the sky is not falling and number two, the City of Lubbock is
in good shape for the next 100 years if it does the following: (1) Address
its maximum daily capacity limitation; (2) Address its ability to respond
readily to drought conditions at Lake Meredith; and, (3) Strategically
develops additional supplies by giving due consideration to the demand,
costs, opportunity and competing budgetary needs.
(58.) Presentation on the progress of the Lubbock Regional Arts Center.
Doug Sanford, Board President (15 minutes)
This item was deleted.
3:55 P. M. WORK SESSION RECESSED
4:12 P. M. CITY COUNCIL WORK SESSION RECONVENED
All council members were present except Mayor Pro Tem Patterson
(59.) Presentation by Lubbock Power and Light (LP&L), updating on the
transition of the separation of Lubbock Power and Light, and
updating the status of notification of bond holders for release from the
City without having to defease the bonds, the timeline for completion
of this process, clearance dates for the Justice Department, and status
and examples of the language to be used for election purposes of
changing the Charter. Vince Viaille, Bob Beam, W. R. Collier.
Councilman Boren requested this item.
W. R. Collier, Chair, Electric Utility Board, gave the presentation. Mr.
_ Collier stated that City Manager Fox suggested that the Board employ
someone to help in the transition. Bob Beam with Bolinger, Seger,
Gilbreath and Moss was hired and will be paid by LP&L.
Mr. Collier gave a list of items the Board has done this year.
1) An ordinance was passed to start collecting deposits on customers
and impose collection fees. On an annual basis, this should
provide $120,000 of additional income.
2) In process of examining the cost allocations between the City of
Lubbock and LP&L, to date they have agreed there has been $1.4
in dollar expense reduction this year.
3) As of May 1, 2004, electric rates are more competitive.
Residential rates are less than XCEL rates. Commercial rates
matches XCEL rates.
4) Installed a recording system for customer service comments and
complaints.
5) Changed branch office hours. Will save about 60% of overtime
hours being paid.
6) Currently working on 11 contract agreements, which should be
completed by July 1, 2004. The major part of this is the wholesale
power situation.
7) LP&L Distribution (the fourth interconnect at 82nd & Avenue P)
should be completed June 22, 2004.
8) Bank accounts are under the control of LP&L.
9) Eight employees paid by LP&L are now totally answering to
LP&L management.
537
Regular City Council Meeting
June 9, 2004
Page 538
10) Maintenance of fleet of vehicles is being bid out and using private
garages here in the city to do the work on the vehicles.
Mr. Collier stated the LP&L Board met earlier today and approved the
suggested date of November 2, 2004 for a Charter election. This will
make LP&L a free standing board, rather than the ordinance that was
passed. They also approved the suggested language for the ballot.
Council Member Martin asked if the Board still recommended September
11 for election day.
Mr. Collier stated they did not, but it was up to the City Council to set the
date. He mentioned they had employed Southwest Company to help with
trying to locate and isolate the bondholders to get them to change the
language in the bonds and not have to defease them. The deadline on
receiving that is July 20, 2004. LP&L must have 50% of the bondholders
on the outstanding indebtedness to agree to allow these changes. That
letter went out today. If 50% do not agree, then LP&L is faced with
defeasing the bonds and having another bond issue, which would need to
be voted on at the same time.
Council Member Martin questioned the November 2nd date, as this might
result in problems for the City Secretary to put together the team it would
take for the election. City Secretary Garza stated she would use the same
judges as the county, and two separate ballots would be used.
Council Member Boren thanked Mr. Collier for the presentation and
requested that he come back monthly and report on how the separation
from the City of Lubbock is taking place.
(60.) Discussion and presentation on prioritization of Citizen Advisory
Committee projects, and take appropriate action. Lou Fox, City
Manager.
On May 15, 2004, the citizens approved the Bond election for $30 million
in Citizens Advisory Committee projects. The first projects may be funded
from available capacity of $2.3M, which is proposed to be sold this
summer (FY 03-04.)
FISCAL IMPACT:
The current tax rate dedicated to debt service has the capacity to issue
$2.3M in bonds with no increase in the tax rate for FY03-04.
Craig Farmer, Managing Director of Planning & Transportation, gave a
presentation on the 2004 Possible Bond Issue Sale, a copy of which was
given to Council.
Council Member Gilbreath asked which 1999 street projects have not been
started. Mr. Farmer said he would get a report to him.
4:52 P. M. WORK SESSION RECESSED
4:53 P. M. CITY COUNCIL RECONVENED IN REGULAR SESSION
Committee Room 103
All council members were present except Mayor Pro Tem Patterson.
FINANCE
(61.) Resolution No. 2004-RO281 approving and authorizing publication of
"Notice of Sale " with respect to General Obligation Bonds, Series
2004 in an amount not to exceed $2,325,000.
RESOLUTION NO.2004-RO281
A RESOLUTION approving and authorizing publication of notice of sale with
respect to general obligation bonds.
538
Regular City Council. Meeting
June 9, 2004
Page 539
WHEREAS, the City Council of the City of Lubbock, Texas, has determined to issue
general obligation bonds in the principal amount of $2,025,000 and, in accordance with
the provisions of the City's Charter, the sale of such bonds is to be advertised in a
newspaper once a week for a period of 30 days; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1: The City Secretary is hereby authorized and directed to cause a notice of
sale relating to the sale of general obligation bonds to be published once a week for a
period of thirty (30) days; such notice of sale to read substantially in the form and content
of Exhibit A hereto attached and incorporated herein by reference as a part of this
resolution for all purposes.
SECTION 2: It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as
amended.
SECTION 3: This Resolution shall be in force and effect from and after its passage on
the date shown below.
PASSED AND APPROVED, this June 9, 2004.
CITY OF LUBBOCK, TEXAS
/s/ MARC MCDOUGAL _
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
The issuance of the bonds represents the first issuance of debt as approved
in an election held on May 15, 2004. The amount of bonds approved in the
election was $30,000,000. This is the first of six installments of the
voter -.approved debt for the current Capital Improvements Program. The
issuance of this debt is not expected to increase the debt tax rate. The
available capacity is estimated at $2,325,000 for the 2003-04 fiscal year.
Following is a listing of all projects included in the Citizen's Advisory
Committee's recommendations to the City Council:
Protect Descriptions Proposed Bond Issuance
Fire Station 12 Rehab/Fire Station 8
Replacement $ 1,405,000
Fire $ 1,405,000
Animal Shelter Renovation $ 1,045,000
Animal Shelter $ 1,045,000
Police/Municipal Court Renovation $ 2,500,000
(Partial Funding)
East Lubbock City Services Center/Pilot Program $ 850,000
Police $ 3,350,000
MLK Little League Complex (3 Fields) $ 1,664,000
Miller & Andrews Park Redevelopment $ 826,000
Burgess -Rushing Tennis Center Expansion $ 1,086,000
Indoor Recreation Center in West Lubbock
with partnership $ 25,000
539
Regular City Council Meeting
June 9, 2004
Page 540
Midwest Little League Complex (3 Fields)
$
1,664,000
Phase 1 New Park — Southwest Lubbock/Soccer
$
1,130,000
Parks
$
6,395,000
Mahon Renovation (Partial Funding)
$
2,145,000
Libraries
$
2,145,000
Auditorium Renovation (Partial Funding)
$
5,000,000
Civic Center Renovation Phase I1(Partial Funding)
$
1,450,000
Civic Center/Auditorium
$
6,450,000
Slide @ North Loop or partial funding for Erskine
from Frankford to Quaker
$
2,000,000
Subdivision Assessment
$
500,000
34th and University Intersection Reconstruction
$
1,395,000
Milwaukee from 45th to Spur 327 Strip Paving
$
1,090,000
N/E Lubbock Infrastructure for New Residential
Subdivision
$
1,300,000
Regis Street Completion
$
365,000
Federally Mandated Curb Ramps
$
50,000
City -Wide Traffic Signal Communications Upgrade $
510,000
Traffic Signals — New Locations
$
450,000
Sidewalk Construction Including Safe Routes
to Schools
$
400,000
Low/Moderate Income Area Street Paving
$
400,000
North University "Gateway" Project
$
750,000
Streets
$
9,210,000
GRAND TOTAL
$
30,000,000
The City Council identified which of the above listed projects will be
funded in this year's installment of debt. Staff identified several projects,
which they recommended at that time.
After the issuance of this debt, if there are any excess bond proceeds
available, those funds will be reserved and allocated only to other
qualifying bond projects as approved by City Council. Any interest
earnings on unexpended bond proceeds will be applied to debt service
payments. The costs of issuance will be reimbursed from bond proceeds.
FISCAL IMPACT:
The current tax rate dedicated to debt service has the capacity to issue
$2.3M in bonds with no increase in the tax rate for FY 03-04.
As this action is the first necessary step to proceed with a bond issuance,
staff recommended passage of these resolutions. Pricing date is scheduled
to occur on August 10, 2004.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2004-RO281 as revised approving
and authorizing publication of "Notice of Sale " with respect to General
Obligation Bonds, Series 2004 in an amount not to exceed $2,025,000.
Motion carried: 6 Yeas, 0 Nays.
540
Regular City Council Meeting
June 9, 2004
Page 541
Proiect Descriptions 2004 Bond Issuance
Fire Station 12 Rehab/Fire Station 8 Replacement $ 1325,000
Fire $ 1,325,000
Animal Shelter Renovation $ 154,000
Animal Shelter $ 154,000
MLK Little League Complex (3 Fields) $ 116,000
Burgess -Rushing Tennis Center Expansion 65,000
Parks $ 181.000
Subdivision Assessment $ 170,000
Milwaukee from 45th to Spur 327 Strip Paving 1,090,000
Federally Mandated Curb Ramps 10,000
City -Wide Traffic Signal Communications Upgrade 150,000
Traffic Signals — New Locations 100,000
Streets $ 1,520,000
GRAND TOTAL $ 1,935,000
Originally Available without a tax increase $ 2,325,000
less $300,000 for Erskine, Slide Quaker
Engineering $ 2,025,000
Less $90,000 cost of issuance
REVISED AVAILABLE $ 1,935,000
4:54 P. M. CITY COUNCIL RECESSED
5:20 P. M. CITY COUNCIL RECONVENED IN REGULAR SESSION
City Council Chambers
All council members were present except Mayor Pro Tem Patterson
PUBLIC HEARING
5:20 P. M. Community Development
(62.) Hold a public hearing for consideration of the Community
Development Services Board recommendation for the program
funding of the FY2004-2005 Community Development Block Grant
(CDBG), Home Investment Partnership (HOME), and Emergency
Shelter Grant (ESG) and Program Income funds, as well as the
2004-2009 Consolidated Plan.
Mayor McDougal acknowledged the members of the Community
Development and Services Board present at the meeting. Frank Gutierrez,
Chair of the Board, spoke to Council and thanked them for the opportunity
to work on this matter.
Nancy Haney, Community Development Director, gave a PowerPoint
Presentation to give a general background of this item for the new Council
Members. She stated this was the annual allocation recommendation. The
final :recommendation will be voted on at the June 29, 2004 City Council
meeting.
Mayor McDougal opened the public hearing at 5:29 p. m. Those speaking
were: Cindy Finley, South Plains Alliance and Public Transportation
Strategic Planning Task Force; Gaye Dobbins, Chair of the Disability
Advisory Committee with Citibus and Texas Division for Blind Service;
Bill Meadors, Disability Advisory Committee member; Ysabel Luna, East
Lubbock Development Corp (Safe Guard); Betty Wheeler, YWCA;
Richard Baker, Public Transportation Strategic Planning Task Force; and,
Norma Ritz Johnson, Lubbock Chamber of Commerce. Mayor McDougal
closed the hearing at 5:48 p. m.
541
Regular City Council Meeting
June 9, 2004
Page 542
The U.S. Department of Housing and Urban Development informed the
City of Lubbock that it was eligible to receive a FY 2004 consolidated
formula allocation and program income of $5,058,433 to allocate this
year. This year the City received over 65 applications for CDBG, HOME
and ESG funds with requested amounts totaling over $6.9 million dollars.
Lubbock citizens participated in this year's funding process through
neighborhood associations and the Community Development and Services
Board (CDSB). In making recommendations, the Community
Development and Services Board kept in mind the goals of the City
Council, the Consolidated Plan priorities, and the identified needs of the
neighborhoods.
The draft Consolidated Plan has been available for review and comment
since February 25, 2004.
The recommendation of the CDSB for spending federal dollars has been
published since May 23, 2004. This public hearing will allow citizens to
directly participate by addressing the City Council with comments. The
recommendation from the CDSB is the following:
2004-2005 PROPOSED USE OF COMMUNITY
DEVELOPMENT RESOURCES RV GRANT
Agency
7ojt
lAmount
ecommended
Com unity Development Block Grant
itbusPara-Transit
$300.000
City of Lubbock Parks
Summer Satellite Youth Program
$50,000
Community in Schools
Pathway to Expansion
$15,750
Lubbock Area Coalition For
Literacy
Literacy Outreach
$900
Lubbock Boys & Girls Club
Summer Day Cams
$19,350
orkSource
Childcare
$31,300
African American Chamber
Business Incubator
$0
Bridge of Lubbock
Bridge to Success
$0
Bridge of Lubbock
Meals & Direct Assistance
$0
atholic Family Services
Childcare
$0
hildren's Advocacy Center
Family Support
$0
hildren's Home of Lubbock
Family Care
$0
hristian Women's Job Corps
Childcare
$0
hristian Women's Job Corps
Self -Sufficiency
$0
ity of Lubbock Parks
Training
$0
—Computer
ast Lubbock Coalition
hildren's Health Initiative
$0
ast Lubbock DevelopmentSafeguard:
Zorporation
Youth Mentoring
Program
$0
Full Armor Ministries
Sister to Sister Mentoring Program
$0
Guadalupe Economic
Services Corporation
Housing Counseling
$0
Lubbock Area United Way
Success By Six
$o
Lubbock Boys & Girls Club
Fitness Authority Youth Program
$0
Lubbock Boys & Girls Club
Kids in Action Youth Arts Program
$0
Lubbock Cotton Kings
Youth Education & Recreation
$0
ULAC
Business Incubator
$0
New Hope Christian
Counseling Center
Family Counseling Services
$o
South Plains CORE/Windmill
Job Training Hospitality skills
$0
South Plains CORE/Windmill
Job Training Tech Skills
$0
South Plains Food Bank
Youth Summer Job Training
$0
South Plains Food Bank
Kids Cafe
$o
Teen Publications
Job Training Bikes for Families
$0
YWCA
3isabled Youth Recreation
hallenger
$0
YWCA
hildcare
$0
YWCA
Stubbs Job Training Center
$0
City of Lubbock BAND
Zode Enforcement /Property
aintainence Inspectors
$234,000
City of Lubbock Community
Development
Housing Barrier Free
$100.00
542
Regular City Council Meeting
June 9, 2004
Page 543
City of Lubbock Community
evelo ment
Housing Emergency Repair
$100,00
City of Lubbock Community
Development
Economic Development — Larger
Loans
$100,00
City of Lubbock Community
evelc ment
Housing 108 Loan Repayment
$125,00
City of Lubbock Community
Development
Housing HEEELP Program
$153,485
City of Lubbock Community
Development
Street Paving
$300,00
North/.East Lubbock CDC
Infrastructure
$250,00
North/East Lubbock CDC
Micro loan Program
$100,00
Administration
$476,17
Direct Delivery
$556,045
Indirect Cost
$70,000
City of Lubbock Community
Development
Sidewalks
$
High Plains Community
Laital
Gap financing
$0
ubbo�k Housing Finance
Corporation
Individual Development Accounts
$0
Link Ministries
Sidewalks
$0
North'East Lubbock CDC
Homebuyer Down payment
ssistance
$
Total CDBG
I
i $2,982,00
HOME Investment Partnership Program
City of Lubbock Community
evelo ment
Housing Reconstruction
$900,00
itv of Lubbock Community
evelo ment
HOPE Acquisition/Rehab
$300,00
Community Housing Resource
Board
Community Housing Resource
Board
$50,000
Community Housing Resource
Board
Community Housing Resource
Board
$196,295
Kelly Properties
Kelly Pro erties
$130,00
North/East Lubbock CDCNorth/East
Lubbock CDC
$56,100
West Texas Community
m act Corporation
West Texas Community Impact
Corporation
S45,742
10% Admin
10% Admin
$130,863
erican Dream Down
payment Initiative
American Dream Down payment
Initiative
$163,035
Community Housing Resource
Board
Handicapped Housing
S
Millennium Realty
New const.
$0
Total H01IE
$1,972,03
Emer-k,ency Shelter Grant
Alcoholic Recovery
Shelter Operations
$8,00
Ask House
Shelter Operations
$10,000
Lubbock Interfaith Hospitality
Network
Shelter Operations
$10,000
Salvation Army
Essential Services
$18,00
Salvation Army
Homeless Prevention
$10,00
Salvation Army
Shelter Operations
$15,000
andelia Church of Christ
Homeless Prevention
$16,178
Women's Protective Services
Essential Services
$12,00
5% Admin
$5,22
Managed Care/ Walker House
Renovation
$0
omen's Protective Services
Renovation
$
Total ESG
$104,398
FISCAL IMPACT:
While; the public hearing will not have an impact fiscally, there will be a
positive impact after the projects are approved. For the general funds there
are several projects recommended that will assist the Parks and Business
and Neighborhood Development Departments. Overall, this will provide
funds to assist many other agencies and have a positive fiscal impact
overall for the city. Should Federal funds be cut or reduced, projects
would be revised as needed.
543
Regular City Council Meeting
June 9, 2004
Page 544
Staff recommended that the City Council accept the Community
Development Services Board's funding recommendations for FY
2004-2005. Council will not vote on the recommendation until the June
29, 2004 City Council meeting.
5:49 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Martin made a motion to adjourn. Mayor McDougal adjourned the
meeting.
Read and approved this day of,��;'m
ATTEST:
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- L�t�
Rebecca Garza, City Secret
544