HomeMy WebLinkAboutMinutes - City Council - Regular - 7/21/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JULY 2192004
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 21st
day of July, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:31 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Jim Gilbreath, Council Member Floyd Price, Council
Member Phyllis Jones
Absent: No one
City Manager Lou Fox introduced Lee Ann Dumbauld, the new Chief
Financial Officer
CITIZEN COMMENTS
One citizen expressed comments to the Council.
Porfirio DeLeon spoke concerning Item 23, Red Light Camera
Enforcement.
Council Member Gilbreath expressed birthday greetings to Fire Chief
Steve Hailey. Council Member Price led in singing "Happy Birthday".
EXECUTIVE SESSION
Mayor McDougal stated: "City Council will hold an Executive Session
today, for the purpose of consulting with the City Staff with respect to
pending or contemplated litigation; the purchase, exchange, lease, or
value of real property; personnel; and competitive matters of the
public power utility as provided by Subchapter D of Chapter 551 of
the Government Code, the Open Meetings Law".
7:40 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present
( 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; Fire; North Overton; Storm Water; Water
Utilities).
(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 (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 (Chief
Financial Officer; City Attorney; City Manager; City Secretary;
Director of Internal Audit; Managing Director of Finance) 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
Regular City Council Meeting
July 21, 2004
Page 50
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.
9:17 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tem Martin; Council Member
Linda DeLeon; Council Member Jim Gilbreath; Council Member
Phyllis Jones; Council Member Floyd Price; Lou Fox, City Manager;
Anita Burgess, City Attorney; Rebecca Garza, City Secretary; and
Richard Casner, First Assistant Attorney
Absent: Council Member Gary 0. Boren
Mayor McDougal called the meeting to order at 9:17 A. M.
(5.) Invocation by Pastor Rodney Plunkett, Senior Pastor of Broadway
Church of Christ.
( 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.
CONSENT AGENDA (Items 7, 9-15, 17-18)
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to approve Items 7, 9-15, 17-18 on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(7.) Approval of Minutes: July 7, 2004
Special Session Minutes
The next items considered were Items 9-15.
(8.) ORDINANCE NO. 2004-00080—Ordinance amending section
16-175.1 of the Code of Ordinances of the City of Lubbock, regarding
speed limits (second and final reading).
ORDINANCE NO.2004-00080
AN ORDINANCE AMENDING SECTION 16-175.1 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
ESTABLISHMENT OF SPEED LIMITS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION.
This item was moved from consent agenda to regular agenda and was
considered following Item 18.
Council Member Boren arrived at 9:22 A. M.
This item was reconsidered July 22, 2004 following the Work Session
Solid Waste/Water Fund/WasteWater presentation by Terry
Ellerbrook.
Council Member DeLeon asked for clarification on page 7 of the
ordinance concerning Quaker Avenue. In particular, north city limits 300'
south of Kemper Street is 50 mph, and as soon as you hit Kemper and
Erskine (the next hundred block), the speed limit goes to 35 mph, and then
it jumps back to 50 mph when you get to Erskine and 4`h Street.
Jere Hart, Traffic Engineer, stated this was not a change for this reading,
but he would go back and look at adjustments, especially in that
immediate vicinity. Also, he stated that the reason for the change on
Quaker was due to a horizontal curve, which called for the drop in speed.
Council Member DeLeon stated there were other instances, such as
Avenue Q going from 45 mph to 35 mph. Mr. Hart stated the ten -mile an
hour change is usually the standard.
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Page 51
Motion was made by Council Member DeLeon, seconded by Mayor Pro
Tem Martin to pass on second and final reading Ordinance No.
2004-00080. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 16.
At this time, Item No. 8 was reconsidered.
City Attorney Burgess stated this was being reconsidered at her request.
When it was voted on July 21, 2004, some of the streets setting the speed
limit had been omitted. The ordinance had now been amended.
Motion was made by Council Member DeLeon, seconded by Council
Member Price to pass on reconsideration of the first reading Ordinance
No. 2004-00080 as amended. Motion carried: 6 Yeas, 0 Nays.
Items 9-15 were considered following Item 7.
(9.) ORDINANCE NO. 2004-00081—Ordinance amending section
16-175.2 of the Code of Ordinances of the City of Lubbock, regarding
reduced speed limits for school zones (second and final reading).
ORDINANCE NO. 2004-00081
AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ESTABLISHMENT OF REDUCED SPEED LIMITS FOR SCHOOL ZONES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING
FOR PUBLICATION.
(10.) ORDINANCE NO. 2004-00079—Ordinance to consider abandoning
and closing a drainage easement and underground utility easement
located in Sections 19 and 20, Block E2, Lubbock County, Texas (2918
108th Street) (second and final reading).
ORDINANCE NO.2004-00079
AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE
EASEMENT AND UNDERGROUND UTILITY EASEMENT LOCATED IN
SECTIONS 19 AND 20, BLOCK E2, 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.
(11.) Ordinance No. 2004-00082 amending Chapter 1 of the Code of
Ordinances with regard to permitting payment of fees, fines, court
costs and other Municipal charges by credit card; providing for a
processing fee; providing a service charge; providing a savings clause;
and providing for publication first reading).
ORDINANCE NO. 2004-00082
AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES OF' THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
PERMITTING PAYMENT OF FEES, FINES, COURT COSTS AND OTHER
MUNICIPAL CHARGES BY CREDIT CARD; PROVIDING FOR A PROCESSING
FEE; PROVIDING A SERVICE CHARGE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
The City of Lubbock has accepted payments by credit card for many
years. Chapter 132 of the Local Government Code governs the acceptance
of credit card payments and any related fees or service charges associated
with accepting credit card payments.
The City currently accepts credit card payments without charging citizens
a processing fee or service charge. Each individual department that
accepts credit cards pays the credit card transaction fees. The cost of credit
card transaction fees has been considered a cost of doing business... much
like fees associated with accepting checks (bank processing fees,
insufficient item charges, collection charges).
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The City has not historically accepted any type of fee, due to Visa Rules
and Regulations that prohibit us from adding any surcharge to a
transaction. The City is allowed to add a "convenience fee" to a
transaction, but only if a payment is made in a non -face-to-face transaction
(i.e. mail, internet, phone). One way some cities have gotten around this
regulation is to provide an Internet kiosk in their lobby and allow people
who want to pay via credit card to use the kiosk. They are allowed to
charge the convenience fee in this manner.
If the Visa®/MasterCard® Associations cite the City for violating their
rules regarding convenience fees, fines may be imposed, and the City may
be required to eliminate the convenience fee and/or stop accepting credit
cards for payment.
This amendment to the City's Code of Ordinances will establish the ability
for City departments to accept credit cards under Chapter 132 of the Local
Government Code. It will also provide the City with some flexibility, if
the Council deems it necessary to collect a convenience fee associated
with certain payment types.
FISCAL IMPACT:
There is no fiscal impact associated with this ordinance. The fiscal impact
will occur if the Council determines it to be necessary to collect a
convenience fee associated with certain payment types.
Staff recommended passage of this ordinance.
(12.) Resolution No. 2004-R0366 authorizing the Mayor to execute a
street -use license with Lee Roy Fulford for the use of a City street for
an overhead canopy and support columns (2216 Buddy Holly
Boulevard).
RESOLUTION NO.2004-R0366
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 Street Use License for an
overhead canopy and support columns, by and between the City of Lubbock and Lee Roy
Fulford, and related documents. Said License 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 21 st day of July, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Senior Attorney/Office Practice
A copy of the License is filed with Resolution No. 2004-R0366.
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The business owner at 2216 Buddy Holly Boulevard desires to construct
an overhead canopy, with support columns, to dress up the front of his
business. This canopy will be 10 feet above the sidewalk, at its lowest
point, run the entire length of his storefront for 44 feet, and be 9 feet in
width. The parkway width of Buddy Holly Boulevard at this location is 10
feet in width, with parallel parking in the street. This request has been
reviewed by the Traffic Engineering Department, the Planning and Zoning
Department, and the Street Engineering Department. This license is for 20
years, payable every five years in advance. The cost of this license is the
$50 per year minimum street -use license fee or $250 for the first five-year
term.
FISCAL IMPACT:
Yearly income of $50 to the City.
The Right -of -Way Department recommended approval of this resolution.
(13.) Resolution No. 2004-RO367 authorizing the Mayor to execute a Pre -
Paid Paving Refund Agreement with J. L. Elliott Construction Co.
Inc., Construction Co., Inc., and Mike Field Development, Inc. for
overpayment made on Frankford Avenue for the Chaparral Addition.
RESOLUTION NO.2004-RO367
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Pre -Paid Paving Refund
Agreement by and between the City of Lubbock and J.L. Elliott Construction, Inc., Craft
Construction Co., and Mike Field Development, Inc., for pre -paid paving costs associated
with The Chaparral. Said Refund 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 21 st day of July, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, P.E.
City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Refund Agreement is filed with Resolution No. 2004-R0367.
In June of this year, an error was discovered in the estimate prepared in
1983 for the developer costs associated with the platting of the Chaparral
Addition. The error resulted in the developers of that subdivision placing
too much prepaid paving funds with the City for the future paving of
Frankford Avenue. Frankford Avenue was recently paved, and the error
was discovered as the prepaid paving funds were being transferred.
Therefore, a refund is due the developers for their overpayment of prepaid
paving made at that time.
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Page 54
Total Prepaid Put Up By Developers = $ 90 032.28
Less Alley Grading Prepaid — $ - 4,400.68
Frankford Prepaid = $ 85,631.60
Correct Frankford Prepaid Amount = $-33,417.33
Amount to be Refunded to Developers = $ 52 214.27
This amount will be divided into three equal checks to the three
developers of the Chaparral Addition.
FISCAL IMPACT:
This prepaid paving collected in 1983 still remains in the Prepaid Paving
Fund. Sufficient funds remain in the capital project for Frankford Avenue
paving to pay expenses.
Staff supported approval of this resolution.
(14.) Resolution No. 2004-RO368 authorizing the Mayor to execute a
Ratification of Amendment No. 1 to an Agreement for Engineering
Services, dated June 29, 2004, with Parkhill, Smith, & Cooper, Inc.
for the Milwaukee Paving Project from 34�h to 98'h Streets.
RESOLUTION NO.2004-RO368
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Ratification of
Amendment No. 1 to Agreement for Engineering Services, and any other related
documents, ratifying that certain Amendment No. 1 to Agreement for Engineering
Services, dated June 29, 2004, by and between the City of Lubbock and Parkhill, Smith
& Cooper, Inc. Said Ratification of Amendment No. I to Agreement for Engineering
Services 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 21 st day of July, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, P.E.
City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Ratification of Amendment No. 1 to Agreement for Engineering Services
is filed with Resolution No. 2004-R0367.
At the June 29, 2004 City Council meeting, the City Council approved
Amendment No. 1 to the engineering contract with Parkhill, Smith &
Cooper, Inc. (PSC), with approval of a motion to include a project
schedule (discussed previously in Council Work Session on June 29 h) and
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Page 55
a provision that this amendment was contingent on the City's ability to
secure developer agreements for their share of the projects costs.
In order to clarify City Council action at the June 29`h meeting, this
ratification of Amendment No. 1 will define the engineering schedule and
the criteria for possible termination or stop work orders of the engineering
contract.
Also included in this ratification is the statement that the "Engineer shall
discontinue all work under this Contract on October 1, 2004, (the
Developer Agreement Date) unless Owner shall issue to Engineer written
notice to continue work under this Contract". This statement was included
should a developer/developers not agree to execute a Developers'
Agreement to pay their share of the Milwaukee Avenue paving cost by
October 1, 2004, and the City determines to cease work on the project. A
delegation of authority to provide for notices to continue or stop work for
this City contract is included in this ratification.
PSC will commence work immediately, until October 1, 2004, under the
hourly rates and reimbursement payments, as outlined in Amendment No.
1 and this ratification.
The Mayor has found this acceptable, and has signed Amendment Nu`.
However, this ratification must be approved by the Council to be effective.
FISCAL IMPACT:
There are no additional City costs associated with this ratification.
Staff supported approval of this item.
(15.) Resolution No. 2004-RO369 authorizing the Mayor to execute an
amendment to the Tax Abatement Agreement with Chisum Travel
Center, LTD, adding Z8 Properties, LTD, owner of the real property,
as a named party to the agreement.
RESOLUTION NO.2004-RO369
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an amendment to the Tax
Abatement Agreement with Chisum Travel Center, LTD., adding Z8 Properties, LTD,
owner of the real property, as a named party to the Agreement and all related documents.
Said Amendment is attached hereto and incorporated in this Resolution as if fully set
forth herein and shall be included in the minutes of the Council; and
THAT the City Secretary shall give notice of the amendment to the presiding
officers of each governing body of each taxing unit having jurisdiction in assessing taxes
on property located at 2611 E. Slaton Highway in the City of Lubbock, Lubbock County,
Texas.
Passed by the City Council this 21 st day of July, 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
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APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Senior Attorney/Office Practice
This is an amendment to the original agreement with Chisum Travel
Center, LTD to include the owner of the real property, Z8 Properties,
LTD. Z8 Properties, LTD and Chisum Travel Center, LTD have the same
general partner, Caprock Energy, Inc. and limited partner, Chisum Capital.
This is the first contract staff has done with a new facility being built on
leased property, since staff worked to have the State Law changed in 2001
to allow us to contract with the lessee of the real property. The original
contract did not include the owner of the real property as a party to the
contract and after review it was decided that it would be prudent if staff
amended the contract to include Z8 Properties LTD.
FISCAL IMPACT:
None.
The City Council approved the original contract on June 29, 2004. Staff
recommended approval of this resolution.
The next items considered were Item 17-18.
(16.) Resolution No. 2004-RO372 authorizing the approval of Change Order
#001 to the construction project ITB#254-03, Relocate 30-inch Water
Line Ahead of Freeway.
RESOLUTION NO.2004-RO372
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 Change Order No. 1 for
ITB# 254-03 (relocate a 30-inch water line ahead of freeway project) by altering the
amount of asphalt repair required and deleting a previously required concrete cap. Said
Change Order 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 21 st day of July, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, Interim Chief Engineer
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Change Order is filed with Resolution No. 2004-R0372.
This item was moved from consent agenda to regular agenda and was
considered following Item 8.
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Two line items for asphalt repair, which include a concrete cap, will be
deleted from the current contract and a single line item for asphalt repair,
which does not require a concrete cap, will be added to the contract.
Conditions of the project have changed, making the requirement for a
concrete cap in the asphalt repair work unnecessary.
The first line item to be deleted is line item 15 in the base bid for 13,850
square feet of asphalt repair at a cost of $4 per square foot. The second
line item to be deleted is line item 22 in option #1 for 14,000 square feet
of asphalt repair at a cost of $4 per square foot. A total of 27,850 square
feet of asphalt repair, which requires a concrete cap to be constructed, at a
unit cost of $4 per square foot will be deleted from the contract.
The single line item to be added is for a total of 64,380 square feet of
asphalt repair, which does not require the construction of a concrete cap, at
a unit cost of $2.40 per square foot.
The change order is necessary, due to a larger than expected quantity of
asphalt repair. The change order will allow the greater area of repair to be
performed without the required use of concrete, but instead, meeting
specific compaction criteria.
FISCAL IMPACT:
The total cost of the two items deleted is $111,400. The total cost of the
single item added is $154,512. The difference is an added cost of $43,112.
The change order will increase the total project cost by 3.94%, from an
original contract cost of $1,095,347 to a new contract cost of $1,138,459.
Staff recommended the acceptance of the resolution authorizing the
approval of change order #1 for ITB#254-03, Relocate 30-inch Water Line
Ahead of Freeway Project.
Council Member DeLeon asked about the water line on 3' Street. She
stated she had received numerous complaints about the condition of the
road due to the construction.
Wood Franklin, Interim Chief Engineer, Water Utilities, stated there has
been some delay on this project. This change order provides that they will
repair the street from curb to curb and give a whole new street. Paving
repairs should be started within the next two weeks. He stated the streets
were being bladed to make them easier to use.
Motion was made by Council Member DeLeon, seconded by Council
Member Price to pass Resolution No. 2004-RO372 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 19-21C.
Items 17-18 were considered following Item 15.
(17.) Resolution No. 2004-RO370 authorizing the Mayor to execute a
contract with Texas Tech University for campus bus service (Citibus).
RESOLUTION NO.2004-RO370
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 campus bus
service, by and between the City of Lubbock and Texas Tech University, 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 Council.
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Passed by the City Council this 21 st day of July, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer
Managing Director of Planning & Transporation
APPROVED AS TO FORM:
/s/ Amv Sims
Amy Sims, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0370.
The contract with Texas Tech University (TTU) for transit services is for a
one year period beginning September 1, 2004 and ending on August 31,
2005. Contract cost will be $39.22 per bus per hour from September 1,
2004 to August 31, 2004. This will include a fuel cost adjustment above or
below $1.30 per gallon. The price per hour covers full cost recovery for
the City of Lubbock. The current contract cost is $37 per bus per hour
with a fuel cost adjustment above or below $1.05. Citibus has had a
contract with TTU since 1968, with the fuel cost adjustment being added
to the contract in 1981. In accordance with the TTU contract, Citibus does
not collect fares from its passengers.
The TTU Board of Regents will consider approval of the contract at their
August meeting. The TTU Board of Regents requests that the City Council
execute the contract first.
FISCAL IMPACT:
Any funds spent on maintenance are reimbursed by the Federal Transit
Administration at 80%, since the Texas Tech University service is on a
breakeven option. The additional funds are used to pay for system
expenses which otherwise would have to be paid by the City. Citibus
anticipates receiving $1,860,272 from TTU in FY 2004. The approval of
this contract will result in no additional cost to the City of Lubbock.
Citibus recommended the approval of the TTU contract.
(18.) Resolution No. 2004-RO371 authorizing the Mayor to execute an
amendment to the First Southwest Company Financial Advisory
Services Agreement, and any associated documents, extending the
Financial Advisory Services Agreement through September 30, 2004.
RESOLUTION NO.2004-RO371
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to Financial
Advisory Agreement by and between the City of Lubbock and First Southwest Company.
Said Amendment is attached hereto and incorporated in this Resolution as if fully set
forth herein and shall be included in the minutes of the Council.
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Regular City Council Meeting
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Passed by the City Council this 21 st day of July, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Beverly Hodes
Beverly Hodges
Managing Director of Finance
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard Casner
First Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 2004-R0371.
The City of Lubbock contracts with First Southwest Company (FSC) for
Financial Advisory Services. Currently, the City is in the process of
selling bonds to fund various capital projects. The services of FSC are
used extensively in the bond issuance process, and their services will be
required until the proceeds of the current year's bond issuance have been
received in late September 2004.
The City is currently reviewing Requests for Proposal for Financial
Advisory Services, as the current contract with FSC expires on August 12,
2004. The award of the contract for these services will occur at the August
16, 2004 City Council meeting. Whether or not FSC is selected as the
Financial Advisor to the City, the City's involvement with FSC in the
current bond issuance process will require a continued contractual
relationship with FSC until September 30, 2004.
This amendment to the current contract will extend the services of FSC
until the current bond issuance process has been completed.
FISCAL IMPACT:
This contract extension will not increase any costs, but will ensure that a
contractual relationship exists throughout the current bond issuance
process.
Staff recommended approval of this resolution.
The next item considered was Item 8.
Items 19-21C were considered following Item 16.
PUBLIC HEARINGS
9:31 A.M. Zoning
(19.) Ordinance No. 2004-00083 - ZONE CASE NO. 3016 (south of 98th
Street and east of Upland Avenue): Hold a public hearing to consider
the request of Hugo Reed and Associates, Inc. (for Dr. Enrico Aguas)
for a zoning change from T to AM, GO and C-3 on 37.3 acres of
unplatted land out of Section 22, Block AK first reading).
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ORDINANCE NO. 2004-00083
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3016; A ZONING CHANGE FROM T TO AM, GO
AND C-3 ZONING ON 37.3 ACRES OF UNPLATTED LAND OUT OF SECTION 22,
BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 9:31 a. m. No one
appeared on behalf of Dr. Enrico Aguas. No one appeared in opposition.
Mayor McDougal closed the hearing at 9:32 a. m.
The request represents a comprehensive zone case on a quarter section of
property south of 98th Street and east of Upland Avenue.
Adjacent land uses are substantially vacant in all directions. Several
homesteads exist in the area and an office is located on Upland Avenue,
south of the project. One neighbor to the east expressed a concern
regarding drainage, and the Commission and staff explained to them that
the project would be engineered and that for drainage across their property
to occur, the developer would have to work with them.
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policy with an understanding related to the two parcels of Garden
Office. The proposed AM adjacent to the half mile on both 98`h Street and
Upland Avenue meets Plan guidelines for buffer districts (churches,
apartments or offices) to be located on the perimeter of residential area
and adjacent to thoroughfares. Staff made clear that, regarding the
proposed garden office strips along 981h Street and Upland Avenue, the
Comprehensive Plan is amenable to using buffer districts along the
thoroughfare away from the policy "commercial" corner areas, but using
the zoning district as a stepping -stone to future strip commercial is not
acceptable. Dr. Aguas understands, and the residential subdivision is
designed in a manner that the interior single family can be pulled out to
"side" up to the thoroughfare as in other parts of Lubbock.
The project should have no more than the anticipated effect on the
thoroughfare system.
The Planning Commission recommended approval of the request with the
following condition:
1. The C-3 parcel and the two Garden Office strips shall be subject to
a review of a traffic management plan (regarding cross easements
and proposed curb returns) by the Planning Commission prior to
platting. The review can be per each of the three parcels.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Price to pass on first reading Ordinance No. 2004-00083 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(20.) Ordinance No. 2004-00084 - ZONE CASE NO. 2984-A (south of 341h
Street between Milwaukee Avenue and Upland Avenue): Hold a
public hearing to consider the request of Masters and Associates (for
Milwaukee Land and Trust) for a zoning change from T, GO, C-2 and
C-3 to C-2A, C-3, C-4, A-1, A-2, R-1 Specific Use for residential
estates, and R-1 Specific Use for reduced setbacks on 256.7 acres of
unplatted land out of Sections 37 and 38, Block AK first reading).
• l]
Regular City Council Meeting
July 21, 2004
Page 61
ORDINANCE NO. 2004-00084
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2984-A; A ZONING CHANGE FROM T, GO, C-2
AND C-3 TO C-2A, C-3, IHC, A-1, A-2 AND R-1 SPECIFIC USE FOR
RESIDENTIAL ESTATES AND R-1 SPECIFIC USE FOR REDUCED SETBACKS
ON 256.7 ACRES OF UNPLATTED LAND OUT OF SECTIONS 37 AND 38, BLOCK
AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 9:31 a. in. No one
appeared on behalf of Milwaukee Land and Trust. No one appeared in
opposition. Mayor McDougal closed the hearing at 9:32 a. in.
The request encompasses 271 acres between Milwaukee and Upland
Avenues, south of 34`h Street and north of the recent reconstructed South
Plains Railroad.
Adjacent land uses:
North — Elm Grove golf course, a mixture of nonconforming business
and residential
South — railroad tracks
East — commercial, residential and industrial
West — strip residential along Upland Avenue that was built outside
the City limits
The request is largely compatible with the policies incorporated by the
Comprehensive Land Use Plan. Due to the circumstances in the vicinity
caused by previous development and the railroad tracks, the following
aspects of the request are minor amendments to the existing Plan and merit
additional discussion:
1. The area on the west side, north of the tracks and south of an
existing C-3 "policy" area at 341h Street and Upland Avenue — the
applicant is requesting Interstate Commercial (the original
application indicated C-4). With an industrial use south of the
railroad tracks, and apartments and commercial zoning to the
north, the proposed use should not be out of step with the best
alternatives available given the land use relationships existing in
the area. The applicant is requesting that two uses be prohibited
from the list of permitted IHC uses because of concern expressed
by adjacent property owners: bars/nightclubs and dancehalls.
2. The proposed C-3 and C2-A parcels south from the corner of 341h
Street and Milwaukee Avenue total 21.9 acres versus the standard
policy of 10 acres. The rationale of the proponent for the increase
in acreage is that the northeast corner of the intersection will never
have more than two or three acres of commercial on the lots
fronting 341h Street since they are landlocked by residential to the
north. For at least as long as Elm Grove is in operation, the
northwest corner has no proposed commercial allotment (that
condition could change as the marketability of the corner becomes
better). The commercial acreage on the southeast corner is reduced
because of the location of the Elks Lodge and their private trailer -
parking site. The Comprehensive Land Use Plan targets 40 acres of
commercial at each corner; the total on this corner will not be
excessive but will be distributed unevenly. The owner is hoping to
attract a full shopping center with anchor grocery tenants. At
present, no site exists along the Milwaukee Avenue corridor from
50`h Street north to at least 19`h Street, outside Loop 289 for a full
service shopping center. The applicant is hoping these
circumstances warrant approval of the larger acreage.
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Regular City Council Meeting
July 21, 2004
Page 62
Staff indicated to the applicant that the 10-acre policy would be
reviewed with the Commission and Council, and a concern would
be indicated for the existing residential subdivision to the east
between 35`h and 38 h Streets. The proposed A-2 south of 38`h
Street has no compatibility issue since the land area on the east
side is zoned industrial. The response by Mr. Masters, and the
applicant, is to offer a site plan indicating a landscape buffer area
along the Milwaukee Avenue frontage across from the residential.
In addition, the site plan proposes limited curb access to
Milwaukee Avenue. If commercial zoning is to be considered
outside the policy 660 foot by 660 foot intersection corner,
adopting these two aspects of the site plan as conditions are very
important. The combination should protect the residential to the
east in a manner perhaps better than traditional residential siding to
the thoroughfare. No residents of the subdivision to the east
expressed concern for the project, and the Planning Commission
seemed in agreement with the oversized proposal.
3. A small C-2A parcel is targeted at the half section point on 34th
Street between Upland and Milwaukee Avenues. While not C-1,
which is true neighborhood commercial, the objective is to have
light commercial uses for the adjacent neighborhood at the
entrance to the subdivision. The parcel backs up to an area that is
part of a playa lake and will not be developed. The playa lake is
proposed for consideration as a park in the future. Whether the site
is accepted as a park, or remains private, is a negotiation between
the applicant, the Parks Board and the City Council.
The A-1, A-2, R-1 Specific Use for setback and R-1 Specific Use
as Residential Estates (the lots that back up to the railroad are
larger and will allow stock only if the owner has a home on the lot)
areas represent policy requests. The project will have no greater
than the anticipated impact of a project this size on the
thoroughfare system.
As noted, the Commission agreed to the minor variation from Plan policy
for the commercial, and recommended the request with the following
conditions:
1. In the R-1 Specific Use/residential, the 2 acre A-1 portion across
from the C-2A parcel and the 10.2 acre A-1 portion in the
northeast (if the parcels are developed as duplexes/triplexes or
quadraplexes), the minimum front setback will be 20 feet, the
minimum side setback for corner lots will be five feet and the
minimum front setback on a cul-de-sac for any non -garage portion
of a home will be five feet.
2. Within the 4.8 acre Interstate Commercial location on the west
side, the following uses shall not be permitted:
• (19) Dance hall
• (43) Nightclub, bar or lounge
3. For the 21.9-acre commercial area on the east, the development
will be tied to the site plan indicating the proposed landscape
buffer areas and the proposed driveway access on the Milwaukee
Avenue frontage. Prior to a construction permit on any of the
commercial development, the Planning Commission shall review a _
detailed landscape plan.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
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Regular City Council Meeting
July 21, 2004
Page 63
Motion was made by Mayor
r reading Ordinance No. 2004-00084 as
Member Price to pass on firstg
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
ADMINISTRATIVE SERVICES
Community Services
(21.) Resolution No. 2004-RO373 approving the Design lines and the
a Alan
Development Plan for the Sam Wahl Recreation Area at
Henry.
RESOLUTION NO.2004-RO373
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement approving the
Design Guidelines and the Development Plan for the Sam Wahl Recreational Area at
Lake Alan Henry. 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 21 st day of July, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell
Community Services Director
APPROVED AS TO FORM:
/s/ John Knight
John Knight
Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0373.
In 2003, the City Council approved an agreement with Parkhill, Smith &
Cooper for the design of the improvements in the Sam Wahl Recreational
Area, Lake Alan Henry. The contract included development of the Design
Guidelines for the improvements, as well as a Development Plan.
The Design Guidelines depict a consistent vision or style for current and
future development of the Sam Wahl Recreation Area. Recommended site
planning guidelines include building styles, volumes, massings, materials,
products, signage and parking ratios. The Design Guidelines create a
unique and identifiable style specific to the region. Influences for the form
and materials of the planned facilities were found by considering the lake,
surrounding land and the history of the region. Two main themes emerged
from this investigation: the long-term habitation of the region by Native
American peoples and the organic elements of geology, vegetation and
wildlife. The goal is to provide facilities that provide shelter and services
in an aesthetically pleasing manner and also tell the story of the Lake Alan
Henry region.
The Development Plan enables planning of all the program components
into one aggregate plan. The plan shows roads, utilities, facilities, parking
lots, boat ramps, cabins, park store, park headquarters, campgrounds,
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Regular City Council Meeting
July 21, 2004
Page 64
trails, pavilions, swimming areas and other requirements, in scale and
coordinated for the program and site. The plan will serve as a map for the
City to follow for development and will provide the visual tool needed to
understand the magnitude of each scope item in the overall proposed
development in the recreation area. The plan provides a more realistic and
coordinated routing of infrastructure and utilities for the development of
the site and potentially maximizes economies of scale in phased
construction.
The Design Guidelines and the Development Plan were developed through
a process utilizing a City Workgroup. The City Workgroup included the
Lake Alan Henry Working Group, along with Parks and Recreation
Advisory Board members Grey Lewis and Jerry Ramirez. Public input
was taken for the plans on May 25`h during a Park and Recreation
Advisory Board meeting.
FISCAL IMPACT:
Not applicable.
On June 22, the Park and Recreation Advisory Board recommended
approval of the Design Guidelines and the Development Plan for the Sam
Wahl Recreational Area at Lake Alan Henry.
Randy Truesdell, Parks and Recreation Director, gave comments. He
introduced Mary Crites and Chad Davis with Parkhill, Smith & Cooper.
Both Crites and Davis gave presentations.
Grey Lewis, Vice -Chair of the Parks and Recreation Board, also gave
comments. He stated this was a 25-year plan for development.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Jones to pass Resolution No. 2004-RO373 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
ELECTRIC UTILITIES
(21A.) Ordinance No. 2004-00085 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 first reading).
ORDINANCE NO.2004-00085
AN ORDINANCE 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; PROVIDING FOR NOTICE OF
THE ELECTION; PROVIDING SAVINGS CLAUSE; AND OTHER PROVISIONS
INCIDENT AND RELATED TO THE PURPOSE HEREOF.
The Council created the Electric Utility Governance Board to study and
make recommendations regarding the governance of Lubbock Power and
Light. Based on the Board's recommendations, an election will be held on
the 2nd day of November, 2004, which date is the first authorized uniform
election date that is more than 62 days after final passage of this
Ordinance, at which election the following propositions to adopt or reject
the proposed amendments to the existing Charter of the City of Lubbock
shall be submitted to the qualified voters of the City of Lubbock for
adoption or rejection.
PROPOSITION NO. 1
SHALL the Charter of the City of Lubbock be amended to provide that an
Electric Utility Board composed of nine Lubbock citizens and eligible
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Regular City Council Meeting
July 21, 2004
Page 65
voters appointed by the City Council be created to govern, manage and
operate the City's electric utility.
FOR:
AGAINST:
SECTION 2. THAT in the event of approval of such proposition the
following changes shall be made to the Charter of the City of Lubbock.
Chapter 1, Art. XII, §1."The City of Lubbock's electric utility shall be
governed, managed and operated by a board composed of nine members
appointed by the City Council who shall be citizens and eligible voters of
the City of Lubbock.
Said board members shall serve terms of two (2) years, except that five
members shall have initial terms of one (1) year as determined by the
drawing of lots. The Board shall appoint a director of electric utilities and
a general counsel for electric utilities, who shall serve at the pleasure of
the Beard. The director shall appoint all employees of the electric utilities
except those employees serving exclusively under the general counsel's
direction and authority. The Board shall determine the transfer and
disbursement of all net revenues of the City's electric utility. The City
Council shall retain the right to establish rates, exercise the power of
eminent domain on behalf of the electric utility, issue obligations in the
name of the electric utility, and approve the budget of the electric utility.
Other duties and responsibilities of the board shall be as specified by the
City Council in an appropriate ordinance adopted for such purpose to be
effective no later than January 1, 2005."
FISCAL IMPACT:
Not known at this time.
Staff recommended approval of this ordinance.
Council Member Gilbreath asked if the language in council backup titled
"Section 2" would be included in the ballot?
Matt Wade, Assistant City Attorney, stated it would be.
Council Member Gilbreath stated "When we set up the Electric Utility
Board as it now stands, one of the things we did was to create a list of
hurdles that LP&L had to clear before certain things happened; revenue
hurdles and earnings hurdles. And we did this, kind of as a safety net or as
kind of preventative medicine, maybe. The language that we have here
does not address that. Should we have, and I'm asking the Council,
should we have some heartburn about this? This is saying that the Board
shall determine the transfer and disbursement of all net revenues of the
City's electric utility. Now, I'm real comfortable with this Board. Real
comfortable with it, but --"
Mayor Pro Tern Martin stated, "I think that's what we set up though, when
we created the board. In other words, we set up their reserve requirements
and so forth, and then we are looking at — we have already spelled it out
actually."
Council Member Gilbreath stated "Well, we spell it out in their by-laws, I
guess, in the ordinance."
Mr. Wade stated, "It's spelled out in the ordinance. Now, you could be
more specific in how you actually amend the charter right now."
Council Member Gilbreath stated, "I think I would like to see some
reference to that ordinance to make sure that we don't do something to
negate that ordinance. Or that that board doesn't do — future boards don't
do something that negates that ordinance, if that's possible."
Mr. Wade stated "Actually, the way that this is set up is, if the charter
amendment occurs, then this city council and the board have until January
1, 2005 to come up with the ordinance providing the guidelines, any other
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Regular City Council Meeting
July 21, 2004
Page 66
guidelines you want to give to this board. You can use the exact same
ordinance you have right now and simply just carry that over after the
charter's amended."
At this time, Mayor Pro Tern read an editorial from the Avalanche -Journal
dated May 16, 1973 after the citizens of Lubbock approved the bond
election to allow Lubbock Power and Light to expand.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass on first reading Ordinance No. 2004-00085 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
MISCELLANEOUS
Other
(21B.) Appoint one member of the City Council to the Board of Directors of
the South Plains Association of Governments (SPAG).
Council Member T. J. Patterson served as a City Council representative on
the SPAG Board of Directors. With his replacement on the City Council, a
new representative needs to be appointed to the SPAG Board of Directors.
FISCAL IMPACT:
Not applicable.
City Council appointed a replacement for Council Member Patterson to
the South Plains Association of Governments Board of Directors.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Boren to appoint Council Member Floyd Price to the Board of
Directors of the South Plains Association of Governments (SPAG).
Motion carried: 7 Yeas, 0 Nays.
(21C.) Ordinance No. 2004-00086 amending Chapter 2 of the Code of
Ordinances, City of Lubbock, by adding Section 2-15, regarding the
duties of the City Secretary of the City of Lubbock.
ORDINANCE NO. 2004-00086
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
DUTIES OF THE CITY SECRETARY OF THE CITY OF LUBBOCK; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Pro Tem Martin stated "Mr. Mayor, I asked this be placed on the
agenda. I realize that we just met last week. But I do that as a means to
remind Mr. Fox and his people, you all said last week you were going to
come up with a solution to this problem on the Council staff. We've got
an ordinance to pass at any time. I realize it's only been a week. I'm not
going to forget about this and I don't think the rest of us are either. So,
this is just a tickler, if you will. I'd recommend, Mr. Mayor, we take no
action on it today. But just to remind you that we have not forgotten, and
we will not forget, and we expect it to be done pretty quickly."
Mr. Fox stated he understood.
Motion was made by Mayor Pro Tern Martin to take no action.
Mayor McDougal asked City Attorney Burgess if council needed to take
action. He added, if we take no action, it doesn't fail.
Ms. Burgess stated if they take no action, it would fail. But you could
always bring it back.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Boren to pass first reading Ordinance No. 2004-00086. Motion
carried: 7 Yeas, 0 Nays.
Mayor McDougal asked to hold the second reading until such time as the
Councilman would request this item to come back.
10:16 A. M. CITY COUNCIL RECESSED
Regular City Council Meeting
July 21, 2004
Page 67
10:23 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All council members were present
(22.) Presentation of the results of the Water and Sewer Rate Study and the
recommendations made by the Lubbock Rates Review Committee.
Rick Giardina, Rick Giardina & Associates (1 hour)
The City's rate consultant, Rick Giardina & Associates, Inc. (RGA),
presented the results of the Water and Sewer Rate Study project. The
presentation included a review of the scope of services provided, the
methodology and approach used in completing the study, and the findings
and recommendations of the Lubbock Water and Sewer Rate Review
Committee and the Lubbock Water Advisory Commission. The
recommendations were specific in terms of the identification of the need
for, and level of, revenue increases necessary to maintain the financial
viability of the City's Water and Sewer Funds. RGA also presented the
recommended water and sewer rate structures associated with the fiscal
year 2004-05 (and future year) revenue increases.
FISCAL IMPACT:
Not applicable.
City .Attorney Anita Burgess introduced Rick Giardina, Rick Giardina &
Associates, Inc. She recognized Council Member Gilbreath, who sat as
the ex-officio member on the Lubbock Water & Sewer Rate Review
Committee. Additionally, she recognized: Mike Liner, Chair of the
Lubbock Water and Sewer Rate Review Committee and John Leonard, a
member of that committee.
Ms. Burgess stated that this information had been presented to the
Lubbock Water Advisory Commission and Lubbock Water and Sewer
Rate Review Committee and had received unanimous votes from both
committees regarding these issues.
Mr. Giardina gave a presentation and Mr. Liner gave comments.
Council Member Gilbreath asked "Would we be better served in order to
prepare the citizenry for what's going to happen once we get our billing
system worked out, to go ahead and adopt the cost of service based rate
effective 10-01-04 and then the AWC rate effective 10-01-05, subject to
only getting our billing system worked out?"
Mr. Giardina stated, "Yes".
Mayor McDougal asked "Why could we not do the alternative theory,
which is what he is talking about for 10-01-05 — why could we not do that
now with instructions to — with that being implemented as soon as we
could get the billing taken care of?"
Sherry Stephens, Water Programs Manager, stated "I don't know if it was
a problem with the billing system, but one of the things we have got with
our existing billing system is, it's been "moded" several times and every
time you modify a system, any work you do to it just magnifies it, not
even proportionately. So one of the things we need to do, we need to have
a consultant come in and look at our existing billing system, and they
charge us to do that, and tell us what it's going to take to get the Banner
system to do this particular rate structure, what it's going to take time wise
and cost wise. So as soon as we get the go that this is the direction you
want to go in, we will get the consultant on board and have him take a
look at it and see what we can do to the existing system."
Council Member Boren asked why we need a 22% increase in our sewer
fund, what is going on with our land application, etc. He stated that if the
citizens were asked for more money to make the "cush" bigger, they are
going to say you didn't do your "cush" right previously. Why should we
trust you with more "cush"? Also, he stated that if we are going to ask for
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Regular City Council Meeting
July 21, 2004
Page 68
more money, that we really "ratchet down" and examine that the water
and sewer departments are being as efficient as we can and that we are not
wasting money. If we need more money, we need to know why in a more
detailed manner.
Council Member Boren asked for a breakdown of the expenses and
projects.
Council Member Price suggested slowing this down just a little bit to get
all the logistics. Then if it needs to be raised, the people need to know
why.
Mayor McDougal stated "So, what we need to do today then is give some
direction on which — how this council wants to move forward. Either as it
is today, with the recommendations of the committee, or some other
alternative to get the budget prepared. Then this will be what is presented
to us during budget next month. Is that correct? Is that what you are
needing today?"
City Manager Fox stated it does affect our rating by the agencies.
Council Member Boren stated, "Let's wait until we get to the budget and
see how we — look at the different enterprise funds and start peeling back.
Because we really need to do an operational review of the water and
sewer, and really break that thing down to its basics, and really see where
we're spending money, and what we need to do to correct it."
Mayor McDougal stated, "Then based on that, we would — the direction
would be, at least for drafting the budget would be, do it based on the
current rates." He further recommended moving forward, putting the
budget together as the recommendation came from the committee, with
the understanding that when council gets into the budget, they will need a
lot of explanation specifics on where those new dollars are going to be
spent.
Council Member Gilbreath stated that although Mr. Giardina didn't get to
it, he did have a bullet in his PowerPoint to reformat the utility bill.
Presently, we cannot give the customers enough information to let them
know what they are being charged for, and we need to do a better job of
letting them know.
Mayor Pro Tem Martin commended Mike Liner on the outstanding job he
has done for the citizens of Lubbock.
11:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present
1:04 P. M. CITY COUNCIL WORK SESSION RECONVENED
Committee Room 103
All council members were present
(23.) Red Light Camera Enforcement presentation, including what other
Texas cities are doing and its public safety impact.
Craig Farmer, Managing Director of Planning & Transportation, gave
comments. He stated Lubbock experienced 15 fatalities from January
2002 to December 2002 because of red lights violations. In addition, from
August 2002 to August 2003, Lubbock averaged five fatalities per year
due to red light injuries, plus 496 incapacitating injuries in one year.
Council Member Boren asked if alcohol was involved in the fatalities?
Police Chief Claude Jones stated he would go back and look at the
numbers.
Jere Hart, City Traffic Engineer, gave a PowerPoint presentation, a copy
of which was provided in council backup.
Regular City Council Meeting
July 21, 2004
Page 69
Mayor Pro Tem Martin stated he would like to see how the Traffic
Division of the Police Department has grown over the years.
Council Member DeLeon stated she was not looking at the money side of
this; but the human side of saving lives, and was in favor of moving
forward with the red light cameras.
Mayor Pro Tern Martin asked Mr. Hart to do the following two things:
"Check with the City of Mesa, Arizona, which found that when they added
one second of yellow time to the red lights in their city, that there was a
73% reduction in the red light violators captured on their cameras, and that
it led to a dramatic decrease in revenue for their red light cameras and they
finally decided to take them out. Would you check that out for me? And
also, Fairfax, Virginia had a red light every 12 minutes on average on their
cameras, until they extended the yellow time a second and a half, and they
virtually eliminated the red light running in their town. Could you check
those for me as part of this research?"
Mayor McDougal stated, "It may be the latter part of September or the
first part of October before we can — I know we won't be able to in
August. You all probably don't have enough time to get that research
done. But let's get back in and I would really like at that point to see —
unless I hear four to move forward today — and I would really like at that
point to see a — you know, some type of proposal, even if it's a proposal
that they've turned in somewhere else that we can take a look at. I'm not
sure I'm asking for — I'm not asking for a RFP for locally, but something a
little more concrete than what we're looking at here as far as how the
vendor would handle it. Now, I heard Linda say she was ready to move
forward. Is there anybody else?"
Council Member DeLeon stated "Even the Traffic Commission
recommended for us to move forward with it."
Mr. Hart read the recommendation of the Traffic Commission, which
stated "Recommend to City Council to install red light camera
enforcement at selected locations and use additional revenue to fund
public safety needs, including but not limited to, the HALT Aggressive
Driving Campaign, Traffic Section Police Officers, including equipment,
supplies, additional traffic signals, traffic signs and striping, emergency
pre-emption and traffic incident management equipment software."
Council Member Boren stated he wanted to hear what Chief Jones comes
back with after looking at these issues.
1:55 P. M. CITY COUNCIL RECESSED UNTIL THURSDAY MORNING
THUR.SDAY, JULY 22, 2004
8:05 A. M. CITY COUNCIL WORK SESSION RECONVENED
Committee Room 103
All council members were present
(24.) Discuss the City of Lubbock Proposed FY 2004-05 Operating and
Capital Project Budgets for Enterprise Funds.
Staff presented the proposed budget for FY 2004-05 for Enterprise
Operating and Capital Projects Funds. A summary overview by fund was
provided to the City Council and more detail was presented at the meeting.
Terry Ellerbrook, Director of Water Utilities, gave a presentation on the
Solid Waste Fund/ Landfill.
Gaylyn. Chapman, Technical Program and Education Coordinator, assisted
with comments.
Council Member Boren requested that more detailed information on the
BioSolids Composting Project be brought to council.
City Manager Fox stated that on the Transfer Station Efficiency Study,
they are looking at contracting with BFI, which could be a real cost saver.
Regular City Council Meeting
July 21, 2004
Page 70
Mayor Pro Tem Martin proposed, concerning the Transfer Station
Efficiency Study, why not look at the possibility of leasing out our landfill
to the private sector and they operate it, rather than us. He suggested
putting money into the budget for expanding the idea of the Transfer
Station Efficiency Study and combining it into one look for leasing out or
privatizing the operation of the landfill. City Manager Fox stated they
were also looking at that. Council consensus was to combine the study.
City Manager Fox stated they would take a look at the fee schedule for the
landfill to see how they could attract more business.
Mayor Pro Tem Martin stated there were some issues on the Solid Waste
May financial statement that needed to be looked at; specifically,
"restricted assets" and "advanced to" other funds.
He also asked staff to look at Fund Equity in regard to $5.5m reserved and
$23-4m unreserved. He wants to know how much of this is cash and what
makes up the balance that is not cash.
Council Member Gilbreath requested that a balance sheet be provided.
9:25 A. M. CITY COUNCIL RECESSED
9:43 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All council members were present
Terry Ellerbrook, Director of Water Utilities, gave a presentation on the
Water Fund/Wastewater Fund.
Others making comments were: Ches Carthel, Chief Engineer, Water
Utilities; Bruce Black, Water Production and Treatment Superintendent;
Wood Franklin, Interim Chief Engineer, Water Utilities; and Sherry
Stephens, Water Programs Manager
Council Member Price suggested that when fire hydrants are being
flushed, the road crews could come and fill up their trucks. Fire Chief
Hailey stated they could try to coordinate this.
Mayor McDougal asked "Where are we at with metering for water and
electricity, because that would solve that problem?"
City Attorney Burgess stated that the Mayor had asked for an RFP for
electronic metering and they are in the process of drafting this and will
bring it forward in short order for council to look at.
Mayor Pro Tem Martin suggested to Chief Financial Officer Lee Ann
Dumbauld that she might want to look at the debt maturity schedule.
Council Member Boren, after asking several questions without getting
answers, requested that in the future, the budget information be brought to
the presentations in order that Council would not have to wait for it.
Mayor McDougal stated: "As we move forward with the budget, there
under payroll on the last screen, I still want to caution that until we kind of
see where we are at with the electronic metering, we may want to hold that
off, even though it's budgeted. Maybe not start just immediately with
those expenditures until we kind of at least have a timetable on the RFP
process. And you know, I don't know, that may be something that comes
back that is too costly. We can't afford it. It may not work. I don't know.
But I would hate to see us spend the dollars that we talk about in this
budget and then six months from now throw it out the window and start
with a new project."
Council Member Boren asked how we could cut down on legal and
consulting costs dealing with the landfill.
City Attorney Burgess stated, "Councilman, it is my opinion, and we've
talked about this, I think among staff and council, as well. I think we
really do need a comprehensive look at the way we are disposing of our
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Regular City Council Meeting
July 21, 2004
Page 71
effluent. I think that it's not going to be any one magic bullet. I think it's
going to be a combination of things. I think we need to take a look at the
possibility of a reuse plant. I think there's some real possibilities there
with regard to taking that pressure off of the land application site. I really
think that we need to look at upgrading those treatment plants, so that we
get a higher quality of water and then when we lay that water out on the
land application site, we will have a better quality going in. It's the
environmental costs, it's consulting costs, it's the possibility of the health
issues to the citizens in the outlying areas. We've got to be concerned
about all of that. We are. We just need a very good comprehensive look."
Ms. Burgess also stated there is a request for federal dollars out there for a
reuse feasibility study and a reuse project.
Mayor McDougal stated there is a group from the City going to New York
in the next thirty days and they might stop by Washington, D. C. and make
some calls.
Mayor Pro Tem Martin stated that we should get out of the land
application business.
Council Member Price stated he would like to see the study as soon as
possible and get this treatment plant up to par.
Council Member Boren stated "As you get into this more so, I want to
remind the City Council members and City staff, and let you be aware of
it, that when we passed the resolution creating the Lubbock Water
Advisory Commission, that their goals were to evaluate and look at our
water and also get involved in the wastewater related matters also. So be
sure and keep them totally involved, because that is what we asked them
to do was to get heavily involved in the reuse of water resources and all of
the major capital expenditures affecting our water issues, long range, short
range, wastewater plan efforts, the whole program. So they need to be
kept to speed on that."
City Attorney Burgess stated that the Water Advisory Commission plans
to begin "eating that elephant" the week of August 16'`, when they have
set a meeting to work on this.
Mayor McDougal had stepped away from the meeting.
Mayor Pro Tern Martin stated that since Council was still in session from
the June 21, 2004 meeting, Council Member DeLeon had a motion she
would like to make.
At this time, Item No. 8 was reconsidered.
11:30 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present
1:07 P. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All council members were present
James Loomis, Director of Aviation, and Kelly Campbell, Deputy Director
for Administration and Finance, gave a presentation on the Airport Fund.
Council Member Boren asked for a copy of the PowerPoint and asked City
Manager Fox to make sure Council had copies of presentations before
they were made.
Mr. Loomis stated the airport is an enterprise fund, independent of the
general fund. It doesn't take any of the general tax monies.
Council Member DeLeon asked about the short-term parking lot. She
stated some of the areas were in bad shape. Mr. Loomis stated there was
no money to utilize. It's probably a $1.5m project to repair that parking lot.
In a couple of years, it can possible be done.
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Regular City Council Meeting
July 21, 2004
Page 72
Mayor Pro Tern Martin stated, "We have this loan from the Solid Waste
Fund that's sitting out there for the Silent Wings Museum. And, you
know, I guess looking back at decisions that have been made in the past,
but in light of today's things, is that really an airport function that we need
to be charging the airport revenue fund for building a museum? And it's
taken $110,000 a year, that if you had that $110,000 available every year,
you could probably finance some airport revenue bonds to be able to fix
the parking lot. And then you might want to look at that power line
agreement also, whether or not — I mean I am just searching for ways —."
Mayor McDougal stated he and Mr. Loomis had talked about concrete,
instead of paving. Once you've put concrete down, you're done. That is
long-term."
Also, Mayor McDougal stated, "Also, if I remember correctly, the new
council that came on two years ago, when we looked at not only Silent
Wings, the Buddy Holly Center, the Windmill Museum, I think we said at
that time that those needed, in the next three budget years, to be
self-sufficient; that we simply couldn't afford to continue to subsidize
them. And if I'm not mistaken, this will be that third budget year."
Ms. Campbell stated she thought it was five years.
Council Members Boren and Price stated that they didn't feel we should
spend all of this money on these entities and end up with the doors
closing.
Brent Black, Director of Transportation and Shannon Garrett,
Administrative Assistant, Citibus, were there to present their budget
information to Council. However, Council felt that because they had seen
the Citibus budget numbers before, there was not a need for the
presentation. Council commended the way their operation is run.
Mayor McDougal stated, "Let me just state for the record. I think I can
speak on behalf of the council that what we said a year ago during budget
would still stand as it relates to Citibus and making sure that we maintain
the routes that we currently have and that we are not decreasing those
times, routes, hours."
City Manager Fox stated that the one thing he had asked for was just an
accounting of their books, due to the fact they are contractual.
Marsha Reed, Civil Engineer, gave a presentation on the Storm Water
Fund. Don Jennings, Streets Superintendent, also gave comments.
Mayor Pro Tem Martin stated, "We might explain that Lubbock Power &
Light budget discussion and adoption for us is a competitive matter, and
by law is not subject to open meetings. Therefore, we have really already
considered Lubbock Power & Light's next year's budget in executive
session. The Board has already taken action on it also. Since Lubbock
Power & Light does compete with a private electric company, for us to
discuss some of the intimate details in a public forum might give the
competitors a competitive advantage. By law, by state law, we are
allowed to do that and that's why we basically discuss LP&L's budget in
executive session."
2:05 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Gilbreath moved to adjourn.
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Regular City Council Meeting
July 21, 2004
Page 73 /
Read and approved this 771,, i day of
MARC MCDOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
73