HomeMy WebLinkAboutMinutes - City Council - Regular - 8/16/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
AUGUST 16, 2004
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 16th
day of August, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:35 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Linda DeLeon, Council Member Jim Gilbreath, Council
Member Phyllis Jones, Council Member Floyd Price
Absent: Council Member Gary O. Boren
CITIZEN COMMENTS
Two citizens expressed comments to the Council. They were:
Clyde Kitten, Northridge Development at Lake Alan Henry, spoke
concerning a committee that Council Member Boren had requested Mr.
Kitten put together. He stated he had contacted the following: Judge
Dalby for Garza County; Judge White for Kent County; Odie Hood,
Chairman of the Lake Alan Henry Water District; Lewayne Feagin, Oak
Creek Development; and himself. Council Member Boren indicated he
would have people present at a meeting of both sides to discuss matters at
Lake Alan Henry.
Lewayne Feagin, representing Rio Brazos and Oak Canyon Estates, also
spoke concerning Lake Alan Henry.
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 matters, 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; Overton; Right -of -Way; 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 (Overton; Parks; 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 (Assistant
City Manager; City Attorney; City Manager; City Secretary; Fire
Chief; Police Chief) 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;
Regular City Council Meeting
August 16, 2004
Page 78
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.
9:07 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tem Tom Martin; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Jim Gilbreath; Council Member Phyllis Jones; Council
Member Floyd Price; Lou Fox, City Manager; Anita Burgess, City
Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor McDougal called the meeting to order at 9:07 A. M.
( 5.) Invocation by Pastor Royce Jimenez, Senior Pastor of Light of the
World Christian Center.
( 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.
BOARD APPOINTMENT RECOGNITIONS
Appointments Advisory Board
Receiving: Tavita Dorow (unable to attend)
Community Relations Task Force
Receiving: Nathaniel Alsbrooks
Mickey Craig
CITIZEN APPEARANCES
( 7.) Presentation of a special recognition to Brooklyn Meeks for winning
the Miss Texas American Princess beauty pageant.
Brooklyn Meeks, 5, daughter of Kevin and Linda Meeks of Lubbock, won
the Miss Texas American Princess beauty pageant (4-6 age category),
qualifying her to participate in the national pageant, which will be held
during Thanksgiving week at Walt Disney World in Orlando, Florida.
Brooklyn Meeks, along with her parents Kevin and Linda Meeks, were
present to accept this special recognition.
(8.) Presentation of a special recognition recognizing Community Health
Center Week.
The Community Health Center of Lubbock is a private non-profit
corporation, which provides primary health care to uninsured and
under -served individuals in Lubbock. Community Health Center Week
will be from August 8-14, 2004. Michael Sullivan of the Community
Health Center of Lubbock was present to accept the special recognition.
The first item considered was Item 44
Items 10-17 were considered following Item 44.
CONSENT AGENDA (Items 10-17,19, 21-34)
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Price, to approve Items 10-17, 19, 21-34 on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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August 16, 2004
Page 79
Item 9 was moved from consent agenda to regular agenda and was
considered following Item 34.
( 9.) Approval of Minutes: July 15, 2004
Regular City Council Meeting
July 21, 2004
Regular City Council Meeting
July 30, 2004
Special Session
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Price to approve the above minutes, with a correction to the
minutes of the Special Council Meeting on July 30, 2004 as follows: The
minutes read "Mayor Pro Tern T. J. Martin" and should read "Mayor Pro
Tern Tom Martin". Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 18.
(10.) ORDINANCE NO. 2004-00070—Ordinance abandoning and closing
a drainage easement located in Lot 1 and Lot 6A, an LP&L
transformer pad easement located in Lot 1, a blanket garbage
collection easement located in Lots 1-7, and the common area, access
and underground utility transformer pad easements granted on Lot
6A and Lot 6B for Lots 1 through 5, all lots located in the
Whisperwood Office Park Addition to the City of Lubbock (301 Utica
Avenue) (second and final reading).
ORDINANCE NO.2004-00070
AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT
LOCATED IN LOT 1 AND LOT 6A, AN L.P.& L. TRANSOFRMER PAD EASEMENT
LOCATED IN LOT 1, A BLANKET GARBAGE COLLECTION EASEMENT
LOCATED IN LOTS 1-7, AND THE COMMON AREA, ACCESS AND
UNDERGROUND UTILITY TRANSFORMER PAD EASEMENTS GRANTED ON
LOT 6-A AND LOT 6-13 FOR LOTS 1 THROUGH 5, ALL LOTS LOCATED IN THE
WHISPERWOOD OFFICE PARK ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
(11.) ORDINANCE NO. 2004-00082—Ordinance 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 (second and final
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.
(12.) ORDINANCE NO. 2004-00083—ZONE CASE NO. 3016 (south of
98th Street and east of Upland Avenue): Ordinance 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 (second and final 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.
(13.) ORDINANCE NO. 2004-00084—ZONE CASE NO. 2984-A (south of
34th Street between Milwaukee and Upland Avenues): Ordinance 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 (second and final reading).
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.
(14.) ORDINANCE NO. 2004-00085—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 (second and final 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.
(15.) ORDINANCE NO. 2004-00086—Ordinance 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
(second and final reading).
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.
(16.) ORDINANCE NO. 2004-00087—Ordinance to change the name of a
portion of 61h Street (the portion of 61h Street running from Texas
Avenue to University Avenue) (second and final reading).
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August 16, 2004
Page 81
ORDINANCE NO. 2004-00087
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
CHANGING THE NAME OF 6TH STREET FROM TEXAS AVENUE TO
UNIVERSITY AVENUE TO "MAC DAVIS LANE" AND DIRECTING THE CITY
ENGINEER AND TRAFFIC ENGINEER TO INDICATE SUCH NAME ON
OFFICIAL MAPS AND TO INSTALL APPROPRIATE SIGNAGE TO REFLECT
SUCH NAME AS NEEDED; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
(17.) Ordinance No. 2004-00088 abandoning and closing a portion of
Avenue 0 between Block 8 and Block 9, Richmond Second Addition
and a. portion of Avenue 0 adjacent to Block 7, Richmond Addition to
the City of Lubbock (305 Avenue 0) first reading).
ORDIN A NCE NO. 2004-00088
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
AVENUE O LOCATED ADJACENT TO BLOCK NINE (9) OF THE RICHMOND
SECOND ADDITION AND A PORTION OF AVENUE O LOCATED ADJACANT TO
BLOCK SEVEN (7) OF THE RICHMOND ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance abandons and closes the 0.693-acre (30,187.08 square feet)
portion of Avenue O north of P Street and south of the Burlington
Northern & Santa Fe Railroad right-of-way and a 3,347.085 square foot
portion of Avenue O just south of 3`d Street, for Falcon Steel Company. At
the December 8, 2003 City Council meeting, an offer to Falcon Steel was
approved for the purchase of right-of-way necessary for the realignment of
Avenue O and Avenue P at 3rd Street, as part of the Marsha Sharp
East-West Freeway project. When the street realignment is completed, this
portion of Avenue O, just south of P Street, will become excess property.
After several negotiation sessions, Falcon Steel has agreed to the City's
offer and desires to close these two portions of Avenue O and replat their
property. Falcon Steel was not the original dedicator of these two street
portions so they will be charged for the areas being closed. The portion of
Avenue O north of P Street contains 30,187.08 square feet and is valued
at $0.50 per square foot, or $15,093.54. This first street portion being
closed will remain as a utility easement for two overhead power lines and
two water lines so it is valued at 50% of $15,093.54 or $7,546.77. The
area being closed south of 3`d Street contains 3,347.085 square feet and is
valued at $0.50 per square foot, or $1,673.54 and will also remain as a
utility easement and is valued at 50% or $836.77 for a total due the City of
$8,383.54.
FISCAL IMPACT:
Income to the City of $8,383.54.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
The next item considered was Item 19.
(18.) Resolution No. 2004-RO389 authorizing the Mayor to execute a
monitor well permit with Southwest Geological and Environmental
Services, Inc. for a street right-of-way monitor well (3410 33rd
Street).
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RESOLUTION NO.2005-RO389
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 and/or
City Public Grounds Monitor Well Permit with associated documents, between the City
of Lubbock and Southwest Geological & Environmental Services, Inc. Said agreements
are attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecaa Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales
Senior Attorney/Office Practice Section
This item was moved from consent agenda to regular agenda and was
considered following Item 9.
This monitor well permit allows Southwest Geological and Environmental
Services, Inc. to drill a ground water monitor well in a City street
right-of-way. The monitor well will be drilled approximately 237 feet west
of Indiana Avenue in the north right-of-way of 33`d Street. Gene's
Radiator Supply and Repair Facility located at 3501 34th Street had an
underground leaking fuel tank and the Texas Natural Resource
Conservation Commission (TNRCC) has requested that they go off site
with a monitor well, in addition to what they have already drilled on their
property. This permit is for 20 years, payable every five years in advance.
All utilities are in agreement and the City will receive $100 per year for
this monitor well location.
FISCAL IMPACT:
Yearly income of $100 to the City.
The Right -of -Way Department recommended approval of this resolution.
Ed Bucy, Right -of -Way Agent, gave staff comments.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem. Martin to pass Resolution No. 2004-RO389 as recommended by staff.
Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 20.
(19.) Resolution No. 2004-RO375 for amendment of an existing contract for
architectural design for Pump Station #10.
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RESOLUTION NO.2004-RO375
BE IT RESOLVED 13Y 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 a
Contract dated March 31, 2003, by and between the City of Lubbock and Chapman
Harvey Architects, Inc., and 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 City Council.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, PE, Civil Engineer
APPROVED AS TO FORM:
/s/ D. Mitchell Satterwhite
D. Mitchell Satterwhite
Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 2004-R0375.
This item was considered following Item 17.
The City of Lubbock entered in to an agreement with Chapman Harvey
Architects, Inc. on March 31, 2003, for preliminary design and cost
estimates for a fence to be built around the proposed seven million gallon
reservoir located at Pump Station #10, at the intersection of Memphis
Avenue and 82nd Street. Under the existing agreement, Part One included
the initial design, cost estimates, presentation to the Citizens Committee,
and presentation to the City Council. Part One of the agreement has been
completed.
This contract amendment includes, but is not limited to, the negotiated
price for Part Two and Part Three services. Part Two services include the
design and delivery of drawings and specifications to the City of Lubbock.
Part Three services include the attendance of the architect's staff at the
pre -construction and progress meetings, review of contractor submittals,
certifying contractor pay requests, and a final project walk through.
Time for completion of this contract is 90 consecutive days for Part One
services and 365 consecutive calendar days for Part Three services.
FISCAL IMPACT:
This amendment to the original agreement sets the cost of Part Two
services at $38,710 and Part Three services at $9,930. A total of $50,000
was appropriated and $50,000 is available in project number 9567 (Pump
Station Rehabilitation) for this purpose.
The Public Works Department recommended approval of this resolution.
The next items considered were Items 21-34.
Regular City Council Meeting
August 16, 2004
Page 84
(20.) Resolution No. 2004-RO390 to update and designate authorized
representatives on the City's accounts with the public funds
investment pool known as the Texas Local Government Investment
Pool (TexPool).
RESOLUTION NO.2004-RO390
A RESOLUTION AMENDING
AUTHORIZED REPRESENTATIVES
WHEREAS, CITY OF LUBBOCK (the "City") is a local government of the State
of Texas and is empowered to delegate to a public funds investment pool the authority to
invest funds and to act as custodian of investments purchased with local investment
funds; and
WHEREAS, it is in the best interest of the City to invest local funds in
investments that provide for the preservation and safety of principal, liquidity, and yield
consistent with the Public Funds Investment Act; and
WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public
funds investment pool, was created on behalf of entities whose investment objective in
order of priority are preservation and safety of principal, liquidity, and yield consistent
with the Public Funds Investment Act; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the individuals, whose signatures appear in this Resolution,
are Authorized Representatives of the City and are each hereby authorized to transmit
funds for investment in TexPool and are each further authorized to withdraw funds from
time to time, to issue letters of instruction, and to take all other actions deemed necessary
or appropriate for the investment of local funds.
SECTION 2. THAT an Authorized Representative of the City may be deleted by
a written instrument signed by all remaining Authorized Representatives provided that
the deleted Authorized Representative (1) is assigned job duties that no longer require
access to the City's TexPool account or (2) is no longer employed by the City; and
SECTION 3. THAT the City may be Amending Resolution signed by the City
add an Authorized provided the additional Authorized Representative is an officer,
employee, or agent of the City;
SECTION 4. THAT the following persons are Authorized Representatives of the
participant. These individuals will be issued P.I.N. numbers.
1. Name: Andy Burcham Title: Cash & Debt Manager
Signature: /s/ Andy Burcharn Direct Phone Number (806)775-2149
2. Name: Lee Ann Dumbauld Chief Financial Officer
Signature: /s/ Lee Dumbauld Direct Phone Number: (806)775-2016
3. Name: Tom Adams Title: Deputy City Manager
Signature: /s/ Thomas L. Adams _ Direct Phone Number: (806)775-2015
4. Name: Jeff Snyder Title: Chief Accountant
Signature: /s/ Jeff Snyder Direct Phone Number: (806)775-2060
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age
List the name of the Authorized Representative listed above that will have primary
responsibility for performing transactions and receiving confirmations and monthly
statements under the Participation Agreement.
Name: Andy Burcham
SECTION 5. THAT this Resolution and its authorization shall continue in full
force and effect until amended or revoked by the City, and until TexPool receives a copy
of any such amendment or revocation. This Resolution is hereby introduced and adopted
by the City at its regular/special meeting held on the 16th day of August, 2004.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecaa Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld
Chief Financial Officer
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 18.
The City entered into a Participation Agreement with TexPool on May 28,
1998. Due to staffing changes, it is necessary to update and designate new
authorized representatives on these accounts. The designation of
Authorized Representative provides full power and authority to: transmit
funds for investment in TexPool and withdraw funds from time to time, to
issue letters of instruction, and to take all other actions deemed necessary
or appropriate for the investment of local funds. All transactions require
dual signature for added security and compliance with the City's
Investment Policy.
The updated Authorized Representatives will include:
Lee Ann Dumbauld, Chief Financial Officer/Assistant City Manager
Andy Burcham, Cash & Debt Manager
Jeffery Snyder, Chief Accountant
Melissa Trevino, Budget Manager
FISCAL IMPACT:
Not applicable.
Staff recommended the approval of this resolution.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-R0390, as follows: The
updated Authorized Representatives will include: Lee Ann Dumbauld,
Andy Burcham, Jeffery Snyder and Tom Adams (Deputy City Manager).
Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 38-43.
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Page 86
Items 21-34 were considered following Item 19.
(21.) Resolution No. 2004-R0376 authorizing acceptance of water and
sanitary sewer improvements for Lots 1-36, Stonebrook South
Addition to the City of Lubbock, Lubbock County, Texas, between
106th and 1081h Streets, and between Elgin and Flint Avenues (Public
Works).
RESOLUTION NO.2004-R0376
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER
SYSTEM IMPROVEMENTS FOR LOTS 1 — 36, STONEBROOK SOUTH ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1 — 36, Stonebrook South Addition to the City
of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $91,613.03 with the
improvements constructed by Utility Contractors of America, having a value of
$73,577.20 as determined by the unit prices established by said Chapter 28, and
$18,035.83 cash paid to the City, which amount includes $15,964.29 cash for adjacent
lines, with Joe Stettheimer Development, LLC, the developer, to receive a refund of
$44,285.60 in accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00 and
WHEREAS, the construction of the said water and sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $44,285.60 be made in
accordance with said Chapter 28.
SECTION 3 THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s / Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Wood Franklin
Wood Franklin, Interim Chief Engineer, Public Works
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney/Off ce Practice
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost
of the improvements is $91,613.03 and has a value of $73,577.20, as
determined by the unit prices established by said Chapter 28. Cash paid to
the City of Lubbock is $18,035.83 that includes $15,964.29 as adjacent
Regular City Council Meeting
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Page 87
mains. The developer, Joe Stettheimer Development, LLC, will receive a
refund of $44,285.60 in accordance with Chapter 28 of the Code of
Ordinances of the City of Lubbock. There is no refund deposit.
The subdivision is located between 106th and 108`h Streets, and between
Elgin and Flint Avenues.
FISCAL IMPACT:
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City of Lubbock. The value
of the system is added to the City of Lubbock, and there are no
expenditures involved in accepting the ownership.
The system, when accepted, will produce revenue for the City of Lubbock
by sale of water and sewer services to the public.
Staff :recommended approval of this resolution.
(22.) Resolution No. 2004-RO377 authorizing acceptance of water and
sanitary sewer improvements for Lots 91-198, Day Estates Addition
to the City of Lubbock, Lubbock County, Texas, between 92°d and
96`h Streets, and between Genoa and Hyden Avenues.
RESOLUTION NO.2004-RO377
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER
SYSTEM IMPROVEMENTS FOR LOTS 91 — 198, DAY ESTATES ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 91 — 198, Day Estates Addition to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $180,541.54 with the
improvements constructed by Hawkeye Construction, having a value of $146,754.55 as
determined by the unit prices established by said Chapter 28, and $33,786.99 cash paid to
the City, which amount includes $27,043.30 cash for adjacent lines, with Day Estates
Ltd., the developer, to receive a refund of $5,405.65 in accordance with Chapter 28 of the
Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of
$0.00 and
WHEREAS, the construction of the said water and sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $5,405.65 be made in
accordance with said Chapter 28.
SECTION 3 THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
Regular City Council Meeting
August 16, 2004
Page 88
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, Interim Chief Engineer, Public Works
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney/Office Practice
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost
of the improvements is $180,541.54 and has a value of $146,754.55, as
determined by the unit prices established by said Chapter 28. Cash paid to
the City of Lubbock is $33,786.99 that includes $27,043.30 as adjacent
mains. The developer, James Pipkin of Day Estates Ltd., will receive a
refund of $5,405.65 in accordance with Chapter 28 of the Code of
Ordinances of the City of Lubbock. There is no refund deposit.
The subdivision is located between 92"d and 961h Streets, and between
Genoa and Hyden Avenues.
FISCAL IMPACT:
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City of Lubbock. The value
of the system is added to the City of Lubbock, and there are no
expenditures involved in accepting the ownership.
The system, when accepted, will produce revenue for the City of Lubbock
by sale of water and sewer services to the public.
Staff recommended approval of this resolution.
(23.) Resolution No. 2004-RO378 authorizing acceptance of water and
sanitary sewer improvements for Lots 1-46 and Tract A, Tivoli
Estates Addition to the City of Lubbock, Lubbock County, Texas, on
110th Street, and between Quaker and Richmond Avenues.
RESOLUTION NO.2005-RO378
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER
SYSTEM IMPROVEMENTS FOR LOTS 1 — 46 & TRACT A, TIVOLI ESTATES
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1 — 46 & Tract A, Tivoli Estates Addition to
the City of Lubbock, Lubbock County, Texas, has complied with the provisions of
Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing
the water and sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $80,763.41 with the
improvements constructed by Utility Contractors of America, having a value of
$49,862.64 as determined by the unit prices established by said Chapter 28, and
$30,900.77 cash paid to the City, which amount includes $29,104.92 cash for adjacent
lines, with WJD Capital, LLP, the developer, to receive a refund of $17,178.53 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $0.00 and
WHEREAS, the construction of the said water and sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $17,178.53 be made in
accordance with said Chapter 28.
SECTION 3 THAT a refund of deposit be made in the amount of $0.00.
Regular City Council Meeting
August 16, 2004
Page 89
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, Interim Chief Engineer, Public Works
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney/Office Practice
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost
of the improvements is $80,763.41 and has a value of $49,862.64, as
determined by the unit prices established by said Chapter 28. Cash paid to
the City of Lubbock is $30,900.77 that includes $29,104.92 as adjacent
mains. The developer, WJD Capital LLP, will receive a refund of
$17,178.53 in accordance with Chapter 28 of the Code of Ordinances of
the City of Lubbock. There is no refund deposit.
The subdivision is located on 110`h Street, and between Quaker and
Richmond Avenues.
FISCAL IMPACT:
This a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City of Lubbock. The value
of the system is added to the City of Lubbock, and there are no
expenditures involved in accepting the ownership.
The system, when accepted, will produce revenue for the City of Lubbock
by sale of water and sewer services to the public.
Staff recommended approval of this resolution.
(24.) Resolution No. 2004-RO379 authorizing acceptance of water and
sanitary sewer improvements for Lots 149-269, Lakewood Estates
and Lots 44-86 Lakewood Villas Addition to the City of Lubbock,
Lubbock County Texas, between 101st and 103rd Streets, and
between Fulton and Juneau Avenues.
RESOLUTION NO.2004-RO379
A RESOLUTION ACCEPTING LOTS 149 — 269, LAKEWOOD ESTATES,
AND LOTS 44 — 86, LAKEWOOD VILLAS ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 149 - 269, Lakewood Estates, and Lots
44 — 86, Lakewood Villas Addition to the City of Lubbock, Lubbock County, Texas, has
complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the
City of Lubbock, in providing the water and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $410,055.94 with the
improvements constructed by Utility Contractors of America, having a value of
$325,622.60 as determined by the unit prices established by said Chapter 28, and
$84,433.34 cash paid to the City, which amount includes $15,332.23 cash for adjacent
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Regular City Council Meeting
August 16, 2004
Page 90
lines, with CLCL Development, the developer, to receive a refund of $113,919.32 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $113,919.32 be made
in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, Interim Chief Engineer, Public Works
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney/Office Practice
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost
of the improvements is $410,055.94 and has a value of $325,622.60, as
determined by the unit prices established by said Chapter 28. Cash paid to
the City of Lubbock is $84,433.34 that includes $15,332.23 as adjacent
mains. The developer, CLCL Development, will receive a refund of
$113,919.32 in accordance with Chapter 28 of the Code of Ordinances of
the City of Lubbock. There is no refund deposit.
The subdivision is located between 101st and 103rd Streets, and between
Fulton and Juneau Avenues.
FISCAL IMPACT:
This a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City of Lubbock. The value
of the system is added to the City of Lubbock, and there are no
expenditures involved in accepting the ownership. The system, when
accepted, will produce revenue for the City of Lubbock by sale of water
and sewer services to the public.
Staff recommended approval of this resolution.
Regular City Council Meeting
August 16, 2004
Page 91
(25.) Resolution No. 2004-R0380 authorizing the Mayor to execute an
agreement with Texas Tech University Health Sciences Center for
medical examinations of children who are alleged victims of sexual
assault (Police).
RESOLUTION NO.2004-RO380
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement for services
in investigations of child abuse, by and between the City of Lubbock Police Department
and the C.A.R.E. Center of Texas Tech University Health Sciences Center School of
Medicine Department of Pediatrics, and related documents. Said Agreement is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC 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/ John Knight
John Knight
Assistant City Attorney
A copy of the Agreement is filed with Resolution No. R0380.
Sexual assault allegations of children require medical examinations by a
physician or a sexual assault nurse examiner. The Texas Code of Criminal
Procedures mandates that the requesting law enforcement agency pay all
costs of the examination. Texas Tech University Health Sciences Center's
Child Advocacy Research and Education (CARE) Center is the locally
recognized provider for these services.
The Police Department requests approval of this resolution.
FISCAL IMPACT:
The agreement requires the City to pay $450 per referred case. $27,000 is
available in the 2004-2005 Police Budget.
The Police Department strongly recommended approval of this resolution.
(26.) Resolution No. 2004-RO381 authorizing the approval of a lease
agreement between the City of Lubbock and the Federal Aviation
Administration for the Contractor Weather Observer Station in the
Executive Terminal at Lubbock International Airport (Airport).
RESOLUTION NO.2004-RO381
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement with the
Federal Aviation Administration for office space in the Executive Terminal Building at
Lubbock International Airport, and all related documents. Said Agreement is attached
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Regular City Council Meeting
August 16, 2004
Page 92
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 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James W. Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0381.
The Federal Aviation Administration operates a Federal Contractor
Weather Observer Station (FCWOS) at Lubbock International Airport.
The FCWOS provides supplemental weather information for the Lubbock
Air Traffic Control Tower and Terminal Radar Control (TRACON). The
FCWOS has been operating at the airport for approximately nine years
and their current lease expires September 30, 2004.
This agreement renews the lease of approximately 192 square feet of
office space in the Executive Terminal building at $7 per square foot per
year for an additional five years. The lease will have an annual rental of
$1,344, made in monthly payments of $112.
FISCAL IMPACT:
The rental remains the same as the previous contract.
The Airport Board and staff recommended approval of this resolution.
(27.) Resolution No. 2004-RO382 authorizing the approval of a lease
agreement between the City of Lubbock and Rumpel & Associates,
Inc. d/b/a G & G Avionics (Airport).
RESOLUTION NO.20OR-RO382
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Lease Agreement with the Rumpel &
Associates, Inc. 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 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Regular City Council Meeting
August 16, 2004
Page 93
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James W. Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0382.
Rumpel & Associates, Inc. d/b/a G & G Avionics has leased hangar #32
and adjacent land located on the west side of the airport since August
1994. G & G Avionics is a company primarily engaged in general
aviation avionics, flight school, and as a testing center. The agreement
expires in August and the tenant wishes to renew the lease.
The new agreement will be for five years with one additional five-year
option to renew. The lease will have an annual rental of $9,184.68, made
in monthly payments of $765.39. The lease includes an annual Consumer
Price Index (CPI) adjustment.
FISCAL IMPACT:
The :rental remains the same as the previous contract and increases
annually with CPI.
The Airport Board and staff recommended approval of this resolution.
(28.) Resolution No. 2004-RO383 authorizing the approval of a lease
agreement between the City of Lubbock and Hangars of Lubbock,
Inc. f'or 12 T-hangar units (Airport).
RESOLUTION NO. 2004-R0383
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 f'or and on behalf of the City of Lubbock a Lease Agreement with the
Hangars of Lubbock, Inc. 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 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James W. Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-RO383
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Regular City Council Meeting
August 16, 2004
Page 94
Hangars of Lubbock, Inc. has leased a section of 12 T-hangars on the east
side of the airport since October 1994. The agreement will be expiring
October 2004, and the tenant wishes to renew the lease.
The new agreement will be for five years with one additional five-year
option to renew. The lease will have an annual rental of $3,377.02, made
in monthly payments of $281.42. The lease includes an annual Consumer
Price Index (CPI) adjustment.
FISCAL IMPACT:
The Airport will earn an additional $1,859.11 annually due to a square
footage rate increase.
The Airport Board and staff recommended approval of this resolution.
(29.) Resolution No. 2004-R0384 accepting a grant in the amount of
$5,481,507, authorizing the Mayor to execute a grant agreement and
any associated documents, and appropriating $5,481,507 in the
Airport Fund for federal assistance from the Federal Aviation
Administration to fund the extension of Taxiway Lima at Lubbock
International Airport.
RESOLUTION NO.2004-R0384
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 Grant Agreement for
Federal Assistance, in substantially the form of the attached Agreement, by and between
the City of Lubbock and the Federal Aviation Administration for funding the Phase I
Extension of the Taxiway Lima Project on 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 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James W. Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0384
Each year, Lubbock International Airport is eligible to receive entitlement
funding from the Federal Airport Improvement Program (AIP). Under
current formulas, the airport receives approximately $3.3 million each
year based on the annual number of passenger enplanements. The exact
amount of this year's grant (FY 2004) entitlement is $3,392,288.
This agenda item involved the acceptance of a $5,481,507 grant, which is
made up of our FY 2004 entitlements and a portion of our FY 2003
entitlements, which staff is carrying over at $2,089,219.
Regular City Council Meeting
August 16, 2004
Page 95
The $5,481,507 grant will fund the preliminary and final design
engineering and a portion of the construction (Phase I) to extend Taxiway
Lima from the Executive T-hangars north to tie into Taxiway Whiskey on
the south side of the airfreight complex at the airport.
FISCAL IMPACT:
The grant of $5,481,507 will fund 95% of the Taxiway Lima Project. The
other 5% will be funded through the FAA Passenger Facility Charge
Program. There will be no impact on the airport operating budget.
The Airport Board and staff recommended approval of this resolution.
(30.) Resolution No. 2004-RO385 authorizing publication of all required
notices regarding the sale of the City of Lubbock, Texas, Tax and
Waterworks System Surplus Revenue Certificates of Obligation,
Series 2004, and City of Lubbock, Texas, General Obligation Bonds,
Series 2004, and revising the date of sale of same to September 28,
2004, or a later date, as designated by the City Manager.
RESOLUTION NO.2004-RO385
WHEREAS, on June 9, 2004, by Resolution No. 2004-R0276, the City Council of
the City of Lubbock, Texas, authorized publication of the City's notice of intention to
issue certificates of obligation and notice of sale with respect to such certificates of
obligation in the amount of Three Million One -hundred Thousand Dollars ($3,100,000)
(the "City of Lubbock, Texas, Tax and Waterworks System Surplus Revenue Certificates
of Obligation, Series 2004");
WHEREAS, the Notice of Sale authorized to be published therein provided for
the sale date of the City of Lubbock, Texas, Tax and Waterworks System Surplus
Revenue Certificates of Obligation, Series 2004, as August 16, 2004;
WHEREAS, the City Council of the City of Lubbock, Texas, on June 9, 2004, by
Resolution No. 2004-RO281, authorized the publication of a notice of sale relating to the
sale of general obligation bonds in the amount of Two Million Twenty-five Thousand
Dollars ($2,025,000.00) (the "City of Lubbock, Texas, General Obligation Bonds, Series
2004");
WHEREAS, the Notice of Sale authorized to be published therein provided for
the sale date of the City of Lubbock, Texas, General Obligation Bonds, Series 2004, as
August 16, 2004;
WHEREAS, the City Council of the City of Lubbock, Texas, now desires to
postpone the issuance and sale of the City of Lubbock, Texas, Tax and Waterworks
System Surplus Revenue Certificates of Obligation, Series 2004, and of the City of
Lubbock, Texas, General Obligation Bonds, Series 2004, to a later date; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the issuance and sale of the City of Lubbock, Texas, Tax
and Waterworks System Surplus Revenue Certificates of Obligation, Series 2004, and of
the City of Lubbock, Texas, General Obligation Bonds, Series 2004, be postponed until
September 28, 2004, or a later date, as designated by the City Manager of the City of
Lubbock, which authority to so set such date being hereby delegated to the City Manager
of the City of Lubbock, to allow additional time to meet with rating agencies and prepare
offering documents related thereto, and, when a date for such sale is determined and
finalized, to authorize publication of all required notices of sale and any other notices, as
required by the City Charter of the City of Lubbock.
SECTION 2: THAT, except as modified herein, Resolution No. 2004-RO276 and
Resolution No. 2004-RO281 shall remain in full force and effect as originally resolved.
SECTION 3: THAT 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.
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Regular City Council Meeting
August 16, 2004
Page 96
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld
CFO / Assistant City Manager
The sale of City of Lubbock, Texas General Obligation Bonds, Series
2004, and Tax and Waterworks System Surplus Revenue Certificates of
Obligation, Series 2004, has been rescheduled until after bond rating
agency presentations that have been scheduled during the second full week
in September.
The City will request that the bond rating agencies release their ratings no
later than September 21, 2004. It is necessary for the bond ratings to be in
the market at least one week prior to the issuance of debt to allow
sufficient time for notification to interested parties. This timeline will
provide for a September 28, 2004 issuance date. Therefore, a special
Council meeting is scheduled to facilitate the sale of these bonds on the
sale date.
The dates for publication of the notice of sale for these bonds will be:
August 22, 2004
August 29, 2004
September 5, 2004
September 12, 2004
September 19, 2004
FISCAL IMPACT:
The issuance of this debt will have no impact on the property tax rate.
As this action is a necessary step to proceed with a bond issuance, staff
recommended approval of this resolution.
(31.) Consider authorizing an exemption to the City Ordinance Chapter 5,
Article 1, Section 5-11, to allow an aerobatic demonstration at the
General Aviation Fly -In Breakfast on September 18, 2004.
Approval by the City Council is required for aerobatic activities over the
City. This is done on a case -by -case basis under City Ordinance Chapter 5,
Article 1, Section 5-11. The General Aviation Fly -In Breakfast is
scheduled for September 18, 2004, and an aerobatic demonstration is
planned for that morning.
FISCAL IMPACT:
Not applicable.
The Airport Board and staff recommended approval of this resolution.
(32.) Resolution No. 2004-RO386 - RFQ #100-04/VK—for Engineering
Services for Construction/Extension of Taxiway Lima (Aviation).
Regular City Council Meeting
August 16, 2004
Page 97
RESOLUTION NO. 2004-RO386
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for
Engineering Services with Parkhill, Smith, & Cooper, Inc. to construct an extension to
Taxiway Lima at the 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 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James W. Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0386.
This contract involves engineering services to design an extension for
Taxiway Lima from the Executive T-hangers north to Taxiway Whiskey.
In May 2004, the City of Lubbock solicited statements of qualifications
for engineering services through a Request for Qualifications (RFQ)
process. This project is eligible for Airport Improvement Program (AIP)
funding and is in the current AIP grant. The airport planning and
engineering firms that submitted statements of qualifications were ranked
as follows:
CompaX Score
Parkhill, Smith & Cooper of Lubbock, Texas 1,885
Delta Airport Consultants of Austin, Texas 1,825
The Evaluation Committee members included a representative from the
Street Engineering Department, and three airport staff members. The
Conunittee used the basic evaluation methods in the Evaluation
Procedures for Competitive Negotiation for Professional and Non -
Professional Services of the City Purchasing Department.
The Committee used the following evaluation criteria:
Project Team Organization and Qualifications — 40%
Past Project Experience — 30%
Project Approach — 20%
Overall Responsiveness to the RFQ — 10%
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Regular City Council Meeting
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Page 98
On June 29, 2004, the Airport Board approved the selection of Parkhill,
Smith & Cooper, Inc for this engagement. On July 271h, the Airport Board
approved the negotiated contract and is recommending that the City
Council approve the contract with Parkhill, Smith & Cooper, Inc.
The proposed fee for preliminary and final design engineering services is
$375,400. The proposed construction phase services (RPR) fee is
$415,900. The proposed geotechnical fees (survey and testing) are
$121,500. The total contract amount is $912,800. The City of Lubbock
Engineering Department performed an independent fee analysis and the
analysis showed that the proposed design engineering fees are well within
the acceptable range according to the American Society of Engineers.
Thirty-six local firms were notified of this Request for Qualifications.
FISCAL IMPACT:
The $5,481,507 AIP grant will fund 95% of the Taxiway Lima Project.
The remaining 5% will be funded through the FAA Passenger Facility
Charge Program. There will be no impact to the airport operating budget.
Staff recommended bid award to Parkhill, Smith & Cooper, Inc. of
Lubbock, Texas for $912,800.
(33.) Resolution No. 2004-RO387 - BID #105-04/BM—for Slant
Side -Loading Refuse Containers — Six Month Pricing.
RESOLUTION NO.2004-R0387
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Letter of Award for slant
side -loading refuse containers -six month pricing, by and between the City of Lubbock
and Fuqua Enterprises, Inc. of Cleburne, Texas, and related documents. Said Letter of
Award is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 16th day of August, 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/ Amy L. Sims
Amy L. Sims
Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2004-R0387.
This bid establishes six-month pricing for the purchase of two, three, and
four cubic yard refuse containers to service new residential and
commercial solid waste customers. New containers will replace old
containers that are damaged beyond repair.
Six local businesses were notified of this Invitation to Bid.
Regular City Council Meeting
August 16, 2004
Page 99
FISCAL IMPACT:
A total of $125,000 was appropriated with $125,000 available in Project
90339 (New Containers 2003-2004) for this purpose.
Staff .recommended bid award to Fuqua Enterprises, Inc. of Cleburne,
Texas for $225,200.
(34.) Resolution No. 2004-RO388 - BID #107-04/RW—for Traffic Signal
Heads.
RESOLUTION NO. 2004-RO388
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid
ITB #107-04/RW for traffic signal heads, by and between the City of Lubbock and
Consolidated Traffic; Control, Inc. of Arlington, Texas, and related documents. Said
Purchase Order is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 16th day of August, 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/ Amy L. Sims
Amy L. Sims
Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2004-R0388.
This bid is for the purchase of five -section and three -section traffic signal
heads for the upgrade of existing traffic signals at various locations. These
locations include 34`h Street, 19`h Street, 82°d Street, and new signalized
locations within the city.
Three local businesses were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $4,390,707 was appropriated with $902,379 available in Project
9296 (Traffic System Upgrade) for this purpose.
Staff recommended bid award to Consolidated Traffic Control, Inc. of
Arlington, Texas for $31,346.
The next item considered was Item 9.
(35.) Moved to Regular agenda (Item 38A.)
(36.) Moved to Regular agenda (Item 38B.)
(37.) Moved to Regular agenda (Item 38C.)
Regular City Council Meeting
August 16, 2004
Page 100
ADMINISTRATIVE SERVICES
Parks and Recreation
Items 38-43 were considered following Item 20.
(38.) Resolution No. 2004-RO391 for the City Council to express its
apRroval and support for proposed special ceremonies on September
10� and September 11th, 2004, at Kastman Park to honor and
remember the 3,412 victims of the September 11, 2001 terrorist attack
against the United States, and to honor the First Responders of
Lubbock and the surrounding area.
RESOLUTION NO.2004-RO391
WHEREAS, American State Bank, partnering with the Lubbock Independent
School District and the City of Lubbock, desire to again honor and remember the victims
of the September 11, 2001, terrorist attacks on the United States; and
WHEREAS, the State of Texas has declared September 11 th to be First
Responders' Day and the City of Lubbock desires to recognize both the role of First
Responders in the September 11, 2001 terrorist attack and the outstanding contribution of
our local First Responders each and every day in Lubbock, Texas, by honoring them in a
special ceremony; and
WHEREAS, this year's ceremonies will be observed Friday, September 10, 2004,
with a candlelight memorial in a field of 1,000 American flags and on Saturday,
September 11, 2004, with a free patriotic concert and recognition honoring West Texas
First Responders; and
WHEREAS, the City Council of the City of Lubbock finds it to be in the public
interest of the citizens of Lubbock and a public purpose to support the special ceremonies
remembering the victims of the September 11, 2001, terrorist attacks on the United States
and honoring the First Responders of Lubbock and the surrounding area; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby expresses its approval and
support for the proposed Candlelight Ceremony September 10 at Kastman Park to honor
and remember the 3,412 victims of the September 11, 2001, terrorist attacks and
acknowledge and thank the First Responders of Lubbock and the surrounding area with a
special event September 11 at Kastman Park.
The City Council hereby approves and authorizes the use of Kastman Park and
City equipment, including four trolleys from Citibus, fire trucks, and LP & L equipment,
and City staff in cooperation with American State Bank and Lubbock Independent School
District in the planning and conducting of the commemorative ceremonies for 9-11
victims and First Responders on September 10 and 11, 2004.
The City Council further approves a commemorative flyover by Aerocare
helicopters during the 9-11 ceremony, as well as a take -off and landing by one media
helicopter from Ed Irons Junior High School to cover the 9-11 ceremony. These flights
are limited to September 1 lch on or around the official ceremony and shall be coordinated
with the Director of Aviation.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Regular City Council Meeting
August 16, 2004
Page 101
APPROVED AS TO CONTENT:
/s/ Claude Jones by Thomas Esparza
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
American State Bank, partnering with the Lubbock Independent School
District and the City of Lubbock, desires to honor and remember the 3,412
lives that were lost in the September 11, 2001 terrorist attack on the
United States, with appropriate ceremonies on the evening of September
10, 2004, and during the day of September 11, 2004, at Kastman Park.
Also, September 11 `h is Texas First Responders' Day, and the City desires
to commemorate and honor the outstanding contributions of the First
Responders of the City and the surrounding area.
The following departments are planning to provide assistance for this
event: Emergency Operations Center, Fire Department, Police
Department, City Attorney, City Manager, LP&L, and Parks and
Recreation.
Since the events will be held at a neighborhood park, the planning team
will contact Durham Transportation, through LISD, to provide park and
ride services for both days. The Citibus trolleys will be used also for park
and ride, and miscellaneous equipment of the Parks Department, Fire
Department, Police Department and LP&L may be used to facilitate the
ceremonies.
FISCAL IMPACT:
Unknown at this time.
Staff recommended approval of this resolution.
Greg Jones, Executive Vice President, American State Bank, gave
comments.
Motion was made by Council Member Gilbreath, seconded by Council
Member DeLeon to pass Resolution No. 2004-R0391 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(38A.) Resolution No. 2004-R - BID #116-04/RS—for Sam Wahl
Recreation Area Comfort Station.
This item was continued.
This project involves the construction of the Sam Wahl Recreational Area
Comfort Station at Lake Alan Henry. The comfort station will consist of
restrooms with showers, a covered picnic shelter, and related fixtures. The
project will provide clean, attractive, and sanitary restrooms for park
users, while reducing the number of rented portable toilets.
Eighty-one local contractors were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $2,554,938 was appropriated with $1,401,243 available in
Project 9492 (Lake Alan Henry Recreation Area Improvements) for this
purpose.
Staff recommended bid award to Pharr & Company of Lubbock, Texas for
$688,.517.
Motion was made by Council Member Boren to delay Item 38B until the
August 261h meeting for consideration.
Mayor McDougal asked Victor Kilman, Purchasing Agent, if the bids look
to be within the budget set initially. Mr. Kilman stated, yes.
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Regular City Council Meeting
August 16, 2004
Page102
Mayor McDougal asked how long the bids were good for. Mr. Kilman
stated until September 7, 2004.
Council Member Gilbreath asked Council Member Boren why he would
want to delay.
Council Member Boren stated that two years ago, he asked the Mayor to
allow the Council to make Lake Alan Henry a proactive asset, instead of
always reacting to problems that come up. Mayor McDougal gave council
the opportunity to do so. Council decided that in order to get into a
proactive environment, they would work to mend bridges with Garza
County, Kent County, with the land developers, with the interested parties, _
elected officials of Post and Snyder, and any of those involved, to see
what Council could do to have a good working relationship with these
different groups. There has been a lot of history in the past as to the issues
of Lake Alan Henry, i.e. disagreement and finger pointing, but the primary
reason we have Lake Alan Henry is for Lubbock's water purposes. That
will always be first and foremost. We have two permits. We have a
scalping permit and a recreational permit. We have agreements, which
have been set in place, and everyone has to abide by them. We have
worked hard to develop a plan to enhance the amenities for the people of
Lubbock and visitors. We have developers, etc. challenging our rules.
Council Member Boren stated that Council is going to be very judicious
and very aggressive about guarding Lubbock's assets. He stated that he is
asking Council to put on hold this initial "seed" money of $1.3m until
certain issues have been resolved. He suggested getting a group of
citizens, leaders of the communities, folks involved in the lake to be their
representative, to sit down with the Lake Alan Henry Committee and work
through a lot of these issues.
Council Member Gilbreath stated that in citizen comments, two
individuals who are developers from the lake appeared stating they have
put together a committee of five people, per Council Member Boren's
suggestion or recommendation. This committee includes the County
Judges of Kent and Garza County, the head of the Lubbock Water
Advisory Committee, and two developers. Council Member Gilbreath
stated he assumed that is what Council Member Boren had asked of them
Friday. Council Member Boren stated that he had requested that.
Mayor Pro Tern Martin stated that he thought it was impossible that this
could be resolved by August 261h, as we not only have the developers, but
landowners involved. He added that Council needed to either approve or
reject these bids, because it will not be done by then. We not only have
the developers, but landowners. Mayor Pro Tern Martin stated that "What
needs to be on the August 261h agenda is adopt an ordinance making it a
Class C misdemeanor to get on the surface of Lake Alan Henry, unless
you are an employee of the City of Lubbock or a law enforcement
officer." That is probably what we need to do, is just prohibit anybody
from using that lake and we then won't have to worry about the other
problems. The citizens of the City of Lubbock have paid the bill for this.
Council Member Jones stated that she was sensitive to the bids and did not
want to lose them.
Council Member Price stated "It's not going to hurt to wait until the 26'h .
If we don't lose the bids, I say, fine. After the 26`h, I'm going to be
another horse."
At this time, Mayor McDougal asked Council Member Boren to repeat his
motion.
Motion was restated by Council Member Boren, seconded by Mayor Pro
Tem Martin to continue Item 38A until August 26, 2004.
Motion carried: 7 Yeas, 0 Nays.
102
Regular City Council Meeting
August 16, 2004
Page 103
(38B.) Resolution No. 2004-R - BID #117-04/RS—for Sam Wahl
Recreation Area Comfort Station Utilities Package.
This item was continued.
This project involves the construction of a water intake pumping system
and a septic system for the Sam Wahl Recreational Area Comfort Station
at Lake Alan Henry. The water intake system will consist of a submerged
pump unit that will transfer water from Lake Alan Henry to the comfort
station. The septic system consists of holding tanks and a drain field
meeting all Texas Commission on Environmental Quality requirements.
Forty-five local contractors were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $2,554,938 was appropriated with $1,401,243 available in
Project 9492 (Lake Alan Henry Recreation Area Improvements) for this
purpose.
Staff :recommended bid award to L. Howard Construction of Abernathy,
Texas for $343,368.38.
Motion was made by Council Member Boren to delay Item 38B until the
August 261" meeting for consideration.
Mayor McDougal asked Victor Kilman, Purchasing Agent, if the bids look
to be within the budget set initially. Mr. Kilman stated, yes.
Mayor McDougal asked how long the bids were good for. Mr. Kilman
stated until September 15, 2004.
Council Member Gilbreath asked Council Member Boren why he would
want -to delay.
Council Member Boren stated that two years ago, he asked the Mayor to
allow the Council to make Lake Alan Henry a proactive asset, instead of
always reacting to problems that come up. Mayor McDougal gave council
the opportunity to do so. Council decided that in order to get into a
proactive environment, they would work to mend bridges with Garza
County, Kent County, with the land developers, with the interested parties,
elected officials of Post and Snyder, and any of those involved, to see
what Council could do to have a good working relationship with these
different groups. There has been a lot of history in the past as to the issues
of Lake Alan Henry, i.e. disagreement and finger pointing, but the primary
reason we have Lake Alan Henry is for Lubbock's water purposes. That
will always be first and foremost. We have two permits. We have a
scalping permit and a recreational permit. We have agreements, which
have been set in place, and everyone has to abide by them. We have
worked hard to develop a plan to enhance the amenities for the people of
Lubbock and visitors. We have developers, etc. challenging our rules.
Council Member Boren stated that Council is going to be very judicious
and very aggressive about guarding Lubbock's assets. He stated that he is
asking Council to put on hold this initial "seed" money of $1.3m until
certain issues have been resolved. He suggested getting a group of
citizens, leaders of the communities, folks involved in the lake to be their
representative, to sit down with the Lake Alan Henry Committee and work
through a lot of these issues.
Council Member Gilbreath stated that in citizen comments, two
individuals who are developers from the lake appeared stating they have
put together a committee of five people, per Council Member Boren's
suggestion or recommendation. This committee includes the County
Judges of Kent and Garza County, the head of the Lubbock Water
Advisory Committee, and two developers. Council Member Gilbreath
stated he assumed that is what Council Member Boren had asked of them
Friday. Council Member Boren stated that he had requested that.
103
Regular City Council Meeting
August 16, 2004
Page104
Mayor Pro Tern Martin stated that he thought it was impossible that this
could be resolved by August 261h, as we not only have the developers, but
landowners involved. He added that Council needed to either approve or
reject these bids, because it will not be done by then. We not only have
the developers, but landowners. Mayor Pro Tern Martin stated that "What
needs to be on the August 261h agenda is adopt an ordinance making it a
Class C misdemeanor to get on the surface of Lake Alan Henry, unless
you are an employee of the City of Lubbock or a law enforcement
officer." That is probably what we need to do, is just prohibit anybody
from using that lake and we then won't have to worry about the other
problems. The citizens of the City of Lubbock have paid the bill for this.
Council Member Jones stated that she was sensitive to the bids and did not
want to lose them.
Council Member Price stated "It's not going to hurt to wait until the 26th .
If we don't lose the bids, I say, fine. After the 20h, I'm going to be
another horse."
At this time, Mayor McDougal asked Council Member Boren to repeat his
motion.
Motion was restated by Council Member Boren, seconded by Mayor Pro
Tern Martin to continue Item 38B until August 26, 2004.
Motion carried: 7 Yeas, 0 Nays.
(38C.) Resolution No. 2004-R - BID #04-127/RS—for Sam Wahl
Recreation Area Comfort Station Packaged Water Treatment Plant.
This item was continued.
This bid is for the purchase of a packaged water treatment plant. The water
treatment plant will treat surface water to drinking water standards and
provide potable water for the showers, sinks, toilets, and drinking
fountains for the Sam Wahl Recreational Area Comfort Station at Lake
Alan Henry.
The water treatment plant is a skid mounted packaged treatment plant that
will be installed inside the maintenance room of the comfort station. The
City will provide the water treatment plant and the comfort station
contractor will install and test the plant.
Four local contractors were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $2,554,938 was appropriated with $1,401,243 available in
Project 9492 (Lake Alan Henry Recreation Area Improvements) for this
purpose.
Staff recommended bid award to U.S. Filter Wastewater Group, Inc. of
Ames, Iowa for $68,085.
Motion was made by Council Member Boren to delay Item 38B until the
August 261h meeting for consideration.
Mayor McDougal asked Victor Kilman, Purchasing Agent, if the bids look
to be within the budget set initially. Mr. Kilman stated, yes.
Mayor McDougal asked how long the bids were good for. Mr. Kilman
stated until September 21, 2004.
Council Member Gilbreath asked Council Member Boren why he would
want to delay.
Council Member Boren stated that two years ago, he asked the Mayor to
allow the Council to make Lake Alan Henry a proactive asset, instead of
always reacting to problems that come up. Mayor McDougal gave council
the opportunity to do so. Council decided that in order to get into a
proactive environment, they would work to mend bridges with Garza
County, Kent County, with the land developers, with the interested parties,
104
Regular City Council Meeting
August 16, 2004
Page105
elected officials of Post and Snyder, and any of those involved, to see
what Council could do to have a good working relationship with these
different groups. There has been a lot of history in the past as to the issues
of Lake Alan Henry, i.e. disagreement and finger pointing, but the primary
reason. we have Lake Alan Henry is for Lubbock's water purposes. That
will always be first and foremost. We have two permits. We have a
scalping permit and a recreational permit. We have agreements, which
have been set in place, and everyone has to abide by them. We have
worked hard to develop a plan to enhance the amenities for the people of
Lubbock and visitors. We have developers, etc. challenging our rules.
-- Council Member Boren stated that Council is going to be very judicious
and very aggressive about guarding Lubbock's assets. He stated that he is
asking Council to put on hold this initial "seed" money of $1.3m until
certain issues have been resolved. He suggested getting a group of
citizens, leaders of the communities, folks involved in the lake to be their
representative, to sit down with the Lake Alan Henry Committee and work
through a lot of these issues.
Council Member Gilbreath stated that in citizen comments, two
individuals who are developers from the lake appeared stating they have
put together a committee of five people, per Council Member Boren's
suggestion or recommendation. This committee includes the County
Judges of Kent and Garza County, the head of the Lubbock Water
Advisory Committee, and two developers. Council Member Gilbreath
stated. he assumed that is what Council Member Boren had asked of them
Friday. Council Member Boren stated that he had requested that.
Mayor Pro Tern Martin stated that he thought it was impossible that this
could be resolved by August 261h, as we not only have the developers, but
landowners involved. He added that Council needed to either approve or
reject these bids, because it will not be done by then. We not only have
the developers, but landowners. Mayor Pro Tern Martin stated that "What
needs to be on the August 26`h agenda is adopt an ordinance making it a
Class C misdemeanor to get on the surface of Lake Alan Henry, unless
you are an employee of the City of Lubbock or a law enforcement
officer." That is probably what we need to do, is just prohibit anybody
from using that lake and we then won't have to worry about the other
problems. The citizens of the City of Lubbock have paid the bill for this.
Council Member Jones stated that she was sensitive to the bids and did not
want to lose them.
Council Member Price stated "It's not going to hurt to wait until the 26`h .
If we don't lose the bids, I say, fine. After the 26`h, I'm going to be
another horse."
At this time, Mayor McDougal asked Council Member Boren to repeat his
motion.
Motion was restated by Council Member Boren, seconded by Mayor Pro
Tern Martin to continue Item 38C until August 26, 2004.
Motion carried: 7 Yeas, 0 Nays.
Health Department
(39.) Resolution No. 2004-RO392 authorizing the Mayor to execute a
contract for Milk and Dairy Products Services (DSHS Document No.
7560005906A 2005), and any associated documents, by and between
the City of Lubbock and the Texas Department of State Health
Services (formerly the Texas Department of Health).
RESOLUTION NO.2004-RO392
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 Contract for Milk and Dairy Products
105
Regular City Council Meeting
August 16, 2004
Page 106
Services (DSHS Document No. 7560005906A 2005) and any associated documents by
and between the City of Lubbock and the Texas Department of State Health Services
(formerly Texas Department of Health), a copy of which Contract and associated
documents are 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 16th day of August, 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 Contract is filed with Resolution No. 2004-R0392.
The Milk and Dairy Testing Attachment No. 01 to Document No.
7560005906A 2005 is part of the annual contract with the Department of
State Health Services (formerly the Texas Department of Health). The
term of the contract covers September 1, 2004 thru August 31, 2005. The
Lubbock Health Department Regional Laboratory is reimbursed for
laboratory analysis of milk and dairy samples at a specified rate,
depending on what kind of analysis is performed. The Lab performs over
3,000 tests on the more than 700 samples submitted each year. The milk
and dairy testing program maintains technologist proficiency in laboratory
methods that would be used to respond to food -borne disease outbreaks.
These activities are directly related to protection of the public.
FISCAL IMPACT:
Since the Lab is reimbursed for the full cost of testing, no total dollar
amount is specified in the contract. The Lab was reimbursed $12,965.50
during CY 03.
This program fulfills the Core Missions of Public Health —those of
Surveillance, Prevention and Laboratory support. Without the funding
from the Department of State Health Services contract, these quality
assurance measures would be greatly impaired and the risk of illness in
Lubbock citizens would be increased. Therefore, Health Department staff
recommended approval of this resolution.
Tommy Camden, Health Director, gave comments
Motion was made by Council Member DeLeon, seconded by Council
Member Price to pass Resolution No. 2004-R0392 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren was away from the dais.
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Regular City Council Meeting
August 16, 2004
Page 107
(40.) Resolution No. 2004-RO393 authorizing the Mayor to execute Change
No. 02 (HIV Surveillance); Change No. 03 (AC Family Health);
Change No. 04 (Zoonosis Control), and any associated documents, to
the contract with the Texas Department of Health (TDH Document
No. 7560005906 2005), approved January 8, 2004.
RESOLUTION NO. 2004-RO393
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 Change No. 02 (HIV Surveillance);
Change No. 03 (AC Family Health); and Change No. 04 (Zoonosis Control) to the
Contract with the Texas Department of Health (TDH Document No. 7560005906 2005)
approved January 8, 2004, by and between the City of Lubbock and the Texas
Department of Health, copies of said Changes No. 02, 03, and 04 and associated
documents are 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 16th day of August, 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 Contract is filed with Resolution No. 2005-R0393.
These three contract changes amend the initial FY05 contract approved by
Council on January 8, 2004. This FY05 annual contract with the
Department of State Health Services (formerly the Texas Department of
Health), DSHS Document No. 7560005906 2005, provides financial
assistance for preventive, health promotion and direct services in the areas
of Epidemiology, Population -Based Services, and HIV/AIDS
Surveillance. Attachments 02, 03, and 04 are being considered for
approval totaling $107,886.
FISCAL IMPACT:
HIV Surveillance (Chanize 02/Attachment 02)
$50,251 total. No change from last year.
Associate Commissioner for Family Health - Population Based (Change
03/Attachment 03)
$45,977 total. This represents an increase of $12,198 from the initial
amount of $33,779 awarded during FY 04.
Zoonosis Control (Change 04/Attachment 04)
$10, 886.00 total. This is a new program.
Total Contract (Attachments 02, 03, 04) Value: $107,114
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Regular City Council Meeting
August 16, 2004
Page108
These programs fulfill the Core Missions of Public Health —those of
Surveillance, Prevention, Health Education, and Animal Control.
Without the funding from the Department of State Health Services
contract, our local public health efforts would be greatly impaired and the
risk of illness in Lubbock citizens would increase. Therefore, Health
Department staff recommended approval of this resolution.
HIV Surveillance(Change 02/Attachment 02)
No change from last year. Contract period is September 1, 2004 thru
August 31, 2005. The contract amount of $50,251 supports full salary,
fringe benefits, travel, and supplies for the HIV/AIDS Surveillance _
Specialist.
This person does not operate a clinic; rather as a Surveillance Specialist,
he is dedicated to investigating cases of HIV and AIDS infection in
Lubbock. As of July 1, 2004, 898 individuals have been diagnosed as HIV
positive, 534 have AIDS and 240 individuals have died of AIDS -related
complications in the Lubbock area. One of the primary missions of public
health is to monitor the health status of the community by identifying and
investigating health problems and health hazards. On -going surveillance is
essential in determining the nature and extent of HIV and AIDS infection
in Lubbock. Accurate numbers may increase the availability of additional
funding from outside sources, in order to provide services to those
infected.
A Memorandum of Agreement (MOA) 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) was passed by Council on June 9, 2004.
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.
Associate Commissioner for Family Health - Population Based
(Change 03/Attachment 03)
The contract amount of $45,977 represents an increase of $12,198 from
initial funding received for FY 04. Contract period is September 1, 2004
thru August 31, 2005.
This attachment for $45,977 in financial assistance provides full salary
and fringe benefits for a Health Educator and partial funding for a part-
time Data Entry Assistant. The two employees are currently assigned to
the Health Education Section. Significant funding reductions from last
year will continue to prevent or reduce activities planned and organized in
the past such as anti -tobacco pep rallies, child safety seat checkpoints, �.
child abuse prevention workshops, health and safety fairs, and substance
abuse education.
For the past seven years, the City of Lubbock Health Department has been
a facilitator for the Texas Department of Health's Title V Program. During
this time, the grant money has built a strong maternal and child health
infrastructure within the Health Education Team (HET). The activities
planned for the 2004-2005 grant include Motherhood and Prenatal
1:
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Education in underserved neighborhoods, as well as facilitating the
prenatal parenting classes. Classes will focus on the development of
parenting skills and will target at -risk teen mothers, as well as the general
population. Another initiative will be a collaborative effort with the City
of Lubbock's Prevention Section, the Fire Department, and HET, in which
immunizations and education are provided at reduced cost. The final
objective of this program is to reduce the percentage of children under 4
years of age that are not restrained in appropriate child safety seats. This
will be achieved through child safety seat inspections, as well as
distributing child safety seats to low-income families.
Zoonosis Control (Change 04/Attachment 04)
This is new program funding in the amount of $10,886. Contract period is
September 1, 2004 thru August 31, 2005.
The $10,886 in financial assistance creates a new resource for low-income
pet owners to have their pet spayed/neutered. Funds generated from the
statewide sale of animal friendly license plates recently became available
to qualifying humane societies, animal control agencies and veterinarians
who apply for grants to assist them in providing low cost sterilization
programs. Currently, there are no local low-cost alternatives for indigent
pet owners.
Any person who lacks the disposable income to pay for a spay/neuter
procedure must hope that they can adequately confine their pets during
estrus to prevent unwanted litters, as no other means of animal birth
control is available to them. In this case of human responsibility versus
natural instincts, nature will inevitably prevail. This leads to thousands of
unwanted puppies and kittens each year; many of which end up in the
City' animal shelter.
Targeting clients for this program will consist of two phases of outreach.
The first phase will reach out to the most needy pet owners: the
homebound elderly. Working with the local Meals on Wheels group, staff
will target each one of their clients. Once these owners are serviced, the
second phase will then work through the local Department of Human
Services and local senior citizens groups to promote this service to those
who are eligible to participate. Anyone who is over 60 years of age, or
who receives governmental assistance, such as those on social security,
Women, Infants, and Children (WIC), or other such programs, would be
eligible to benefit from this funding. The cost per surgery is estimated to
be from $35 to $50 and staff would be able to spay/neuter between 200 to
300 animals.
Tommy Camden, Health Director, gave comments.
Motion was made by Council Member DeLeon, seconded by Council
Member Price to pass Resolution No. 2004-RO393 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren was away from the dais.
(41.) Resolution No. 2004-RO394 authorizing the Mayor to execute Change
No. 07 (OPHP-Bioterrorism Preparedness) to the Texas Department
of Health (TDH Document No. 7560005906 2004) contract, approved
July .24, 2003, and any associated documents.
RESOLUTION NO.2004-RO394
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 Change No. 07 (OPHP-Bioterrorism
Preparedness) to the Contract with the Texas Department of Health (TDH Document No.
7560005906 2004) approved July 24, 2003, by and between the City of Lubbock and the
Texas Department of Health and any associated documents, a copy of said Change No.
07 is attached hereto and which shall be spread upon the minutes of this Council and as
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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 16th day of August, 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 Contract is filed with Resolution No. 2005-R0394.
This TDH contract change advances the smallpox readiness program and
reallocates funds in the categories to reflect actual expenditures. The
original contract was approved on July 24, 2003. A net increase of $3,600
from the current approved level of $397,290 to the new revised level of
$400,890 is being proposed for approval. The term of the contract is
September 1, 2003 thru August 31, 2004.
This program assists Lubbock's efforts in developing a bioterrorism
preparedness plan that addresses selected focus areas and the required
critical capabilities. The focus areas include preparedness planning and
readiness assessment, surveillance and epidemiology capacity, laboratory
capacity (biologic agents), communication and information
technology/Health Alert Network, communicating health risks and health
information dissemination, and assessment of education and training needs
for the community. These plans being developed across the country usher
in a new era of cooperation between all levels of government when it
comes to protecting the public's health.
Bioterrorism Preparedness is one of the essential public health services
that no other entity in Lubbock can provide. Essential public health
services are population -based that are geared toward protecting the health
of the public as a whole. Bioterrorism preparedness activities are public
health efforts that are not health services for the needy or other select
groups of people —they serve everyone and benefit the whole population.
Essential public health services, or the lack of them, have the potential to
affect every single person in Lubbock and Texas.
FISCAL IMPACT:
A net increase of $3,600 from the current approved level of $397,290 to
the new revised level of $400,890 is being proposed for approval. Full
salary and benefits are covered under this grant and there are no
contributions to grants in the general fund for this contract.
This program fulfills the Core Mission of Public Health as it relates to
essential public health services targeting disease prevention and
surveillance. Without the funding from the Texas Department of Health
contract, local public health efforts will be greatly impaired and the risk of
illness in Lubbock citizens will increase. Therefore, Health Department
staff recommended approval of the resolution.
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Tommy Camden, Health Director, gave comments
Motion was made by Council Member DeLeon, seconded by Council
Member Price to pass Resolution No. 2004-RO394 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren was away from the dais.
PUBLIC HEARING
9:30 A. M. Special
(42.) Hold a public hearing to discuss Lubbock's portion of the South
Plains Regional Hazard Mitigation Action Plan (MAP), to reduce the
long-term risk to human life and property from all hazards, through a
planned program of mitigation activities, and to remain eligible for
federal post -disaster recovery assistance.
Mayor McDougal opened the public hearing at 9:59 a. m. No one
appeared on behalf of South Plains Regional Hazard Mitigation Action
Plan (MAP). No one appeared in opposition. Mayor McDougal closed
the hearing at 9:59 a. m.
(43.) Resolution No. 2004-RO395 authorizing the City of Lubbock to adopt
its portion of the South Plains Regional Hazard Mitigation Action
Plan (MAP), to reduce the long-term risk to human life and property
from all hazards through a planned program of mitigation activities,
and to remain eligible for federal post -disaster recovery assistance.
RESOLUTION NO.2004-RO395
WHEREAS, it is imperative for the City of Lubbock to adopt a South Plains
Regional Hazard Mitigation Action Plan (MAP), for the purpose of reducing the long
term risks to human life and property from natural and man-made disasters through a
program of disaster mitigation planning activities; and
WHEREAS, it is required that the City of Lubbock adopt such a plan to remain
eligible for Federal Post -Disaster Recovery Assistance; and
WHEREAS, the City of Lubbock deems it imperative to promote resource sharing
and increase cooperation among governmental entities and awareness of needs and
support from public officials, the community, and business leaders; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to adopt the City of Lubbock's portion of the South Plains Regional Hazard
Mitigation Plan (MAP), including a strategy to develop the South Lubbock Drainage
System to reduce flooding risks in playa lakes north and south of the 981h Street Corridor;
to develop and implement a warning and communication system for Lake Alan Henry; to
assist in GIS system inventory of critical facilities and Global Positioning System for
rapid damage assessment; to revise the debris management plan to include the
unincorporated area of the county, the City of Lubbock, Texas Tech University, and
Lubbock Christian University; and to develop and implement an Intelligent
Transportation System (ITS) with the Texas Department of Transportation, and related
documents. Said MAP 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 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson
Emergency Management Coordinator
APPROVED AS TO FORM:
/s/ Anita E. Burizess
Anita E. Burgess, City Attorney
A copy of the MAP is filed with Resolution No. 2004-R0395.
All jurisdictions in the State of Texas are required by the Governor's
Division of Emergency Management to develop a Hazard Mitigation
Action Plan that identifies actions and mitigation strategies needed to
reduce long-term vulnerability, risk, and exposure to adverse
consequences resulting from all types of hazards.
To provide assistance with this process, the South Plains Association of
Governments (SPAG) contracted with H2O Partners, Inc. of Austin, to
develop an All Hazard Mitigation Action Plan in accordance with the
provisions of the Disaster Mitigation Act of 2000 (Public Law 106-390),
the Pre -Disaster Mitigation Grant Program, Federal Regulations (44 CFR
206), and the planning standards adopted by the Division of Emergency
Management. Development of this plan was funded by the Federal
Emergency Management Agency (FEMA) under a Pre -Disaster Mitigation
Grant awarded to SPAG.
The Regional MAP addresses actions for the 15 counties and 47 cities
within the SPAG region. The Mitigation Action Plan outlines actions to be
taken by each participating city and county in order to mitigate the hazards
identified in their plan.
A Hazard Mitigation Team was established in each county, composed of
city and county representatives who are knowledgeable of the potential
hazards within their jurisdiction. The Hazard Identification and Risk
Assessment was completed on October 10, 2003. The group identified 12
hazards that have the potential for major affect within the South Plains
Region. Five of the hazards identified focus on potential hazards within
the City of Lubbock.
Public involvement is critical to the success of hazard mitigation planning.
Therefore, a public hearing will be conducted to provide public input on
this item. The priorities established for review of the plan consist of four
factors: affect on overall risk to life and property, ease of implementation,
political and community support, and funding availability.
The Hazard Mitigation Action Plan identifies five action strategies for the
City of Lubbock:
• ACTION: Develop the South Lubbock Drainage System to reduce
the risk of flooding around 12 playa lakes located north and south
of the 98`h Street corridor in Lubbock.
HAZARD: Flooding
• ACTION: Develop and implement an Intelligent Transportation
System (ITS) with the Texas Department of Transportation.
HAZARD: Surface Transportation Safety
• ACTION: Develop and implement a warning and communication
system for Lake Alan Henry.
HAZARD: All hazards
• ACTION: Assist in development and facilitation of Global
Positioning System (GIS) inventory of critical facilities, as well as
GIS involved rapid damage assessment.
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• HAZARD: Multiple hazards
ACTION: Revise Debris Management Plan to include the
unincorporated area of Lubbock County, the City of Lubbock,
Texas Tech University, and Lubbock Christian University.
• HAZARD: All hazards
FISCAL IMPACT:
The Mitigation Action Plan must be completed and approved by the
governing body to ensure the Lubbock jurisdiction remains eligible for
federal post -disaster recovery assistance.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO395 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren was away from the dais.
The rtext items considered were Items 45A-47.
MISCELLANEOUS
Other
(44.) Resolution No. 2004-RO374 approving the reallocation of the Hotel
Occupancy Tax.
RESOLUTION NO.2004-RO374
WHEREAS, the City Council of the City of Lubbock, by Ordinance No.
2002-00049, amended Subsection 26-22(b)(2) to allow for allocation of Hotel
Occupancy Tax Revenues by Resolution; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the
_ best interest of the citizens of Lubbock to adjust the current allocation of hotel occupancy
tax revenues; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT the funds received from the tax levied under Section 26-22(a) of the Code of
Ordinances of the City of Lubbock shall be distributed as follows:
Civic Services facility renovation & debt
17.58571 percent
• Historic Preservation & Restoration
of
Ft Worth & Denver Depot
• Civic Center Renovation
Civic Center Operations/Marketing
8.18571 percent
Convention & Tourism Bureau
42.85714 percent
Lubbock Arts Alliance
5.71429 percent
Municipal Arts Administration
5.71429 percent
Visitor Information Center Depot
2.87143 percent
Inbound Tourist Travel- Airport
1.07143 percent
Visiting Participatory & Spectator Sports
14.42857 percent
Tourism Reserve; Fund
1.57143 percent
Total 100.00 percent
2. THAT upon expiration of the Ft. Worth & Denver Depot debt, funds will be used to
pay debt on Civic Center Renovation; and
3. THAT to the extent revenue is collected, each of the above entities will receive 100%
of budgeted funds at the percentage indicated.
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4. THAT revenue received in excess of the budgeted amounts attributed to Convention
& Tourism Bureau or Visiting Participatory & Spectator Sports will be distributed to
each of these funds. All other revenue received in excess of the budgeted amounts
will go into the Tourism Reserve Fund for distribution by the City Council.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White,
Assistant City Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales,
Senior Attorney / Office Practice
This was the first item considered.
The current Hotel Occupancy Tax rate is 13%, of which the City of
Lubbock receives 7% and the state of Texas receives 6%. The current
allocation was passed by the City Council in 1997. In 2002, the City
Council placed a cap on the amount received over budget. However, the
allocation remained the same.
The Lubbock Sports Authority (LSA) has requested an increase to the
allocation received. Their request is for an additional $97,969 for FY
04-05, to continue each year thereafter. A copy of their expanded level
request is attached.
A committee was selected by Senior Management to review the current
allocation and recommended any change, as necessary. The citizen
committee was made up of the following members:
Bob Greenhill
D. Murray Hensley
Burl Masters
Jerry Stevens
The following staff members assisted with the review of the distribution as
well:
Quincy White, City Manager's Office
Linda Chamales, City Attorney's Office
Claude Jones, Police
Vicki Key, Civic Center
Melissa Trevino, Budget Office
This Committee is recommending the following distribution:
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Civic Services Facility
Renovation & Debt
Civic Center Operations/
Marketing
Convention & Tourism
Bureau
Lubbock Arts Alliance
Municipal Arts Administration
Visitor Information Center
Depot
Inbound Tourist Travel -
Airport
Visiting Participatory &
Spectator Sports
Tourism Reserve Fund
Special Projects Fund
Current
Allocation
18.58571%
8.18571%
42.85714%
5.71429%
5.71429%
2.87143%
1.07143%
11.42857%
3.57143%
Any revenue
received above
budget would go
to this Fund.
Proposed
Allocation
17.58571%
8.18571 %
42.85714%
5.71429%
5.71429%
2.87143%
1.07143%
14.42857%
1.57143%
Fund Deleted
It is recommended that revenue received in excess of the budgeted
amounts attributed to the Convention & Tourism Bureau and the Visiting
Participatory & Spectator Sports (LSA) be distributed to each of these
funds. It is further recommended that each of the other entities receive
1000/o of budgeted funds only at the percentage indicated. In addition, all
other revenue received in excess of the budgeted amounts would now go
into the Tourism Reserve Fund for distribution by the City Council, in
accordance with the Statute regarding the use of Hotel Occupancy Tax.
The proposed allocation does not entirely meet the request made by the
Lubbock Sports Authority. The proposed allocation would provide for an
additional $86,375 to the LSA in FY 04-05. However, the proposed
distribution allows for the LSA to receive revenue in excess of the
budgeted amounts allowing for some of the shortfall to be made up.
Another change in the proposed allocation pertains to the Civic Services
Renovation and Debt Fund. This specific allocation is currently funding
the debt service on the Buddy Holly Center, which will be paid off at the
end of fiscal year 04-05. The recent bond election provided $1,450,000 to
go toward the Civic Center Renovation Phase II project. The total cost of
the project presented to the Citizen's Advisory Committee (CAC) was
$3,300,000. It was the recommendation of the CAC that the difference
between the funds provided by the bond election and the total cost of the
project, which would be $1,850,000, be funded through this specific
allocation of the Hotel Occupancy Tax once the debt service on the Buddy
Holly Center was paid off. This proposed allocation would provide the
necessary funding to make up the difference over a term of approximately
five years.
The Committee also discussed implementing an application process for all
future requests for Hotel Occupancy Tax funds. As funding becomes
available in the Tourism Reserve Fund, parties interested in this funding
will need to go through a formal application process. The Committee,
made up of the citizens and staff mentioned above, will evaluate each
application and make recommendations for City Council consideration.
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FISCAL IMPACT:
Not applicable.
Staff recommended approval of this resolution.
Quincy White, Assistant City Manager, gave a presentation. He
introduced the committee members. This committee made the following
recommendations:
Recommendations
• Increase Lubbock Sports Authority allocation by 3%
• Convention & Tourism Bureau and Lubbock Sports Authority would
keep revenue in excess of budgeted amounts
• Revenue received in excess of budgeted amounts for all other entities
would go into Tourism Reserve Fund
Recommendations
• Application Process
Committee to review all requests
Make recommendations to City Council
• Civic Services Renovation & Debt
BHC debt paid off FY04-05
Civic Center Phase II Renovation $3.3M
Bond Election provided $1.45M
CAC recommendation: Fund remaining $1.85M through this
allocation
Mayor Pro Tem Martin asked what was the rationale for allowing the
Convention & Tourism Bureau and Lubbock Sports Authority to keep the
so-called "true up", which has caused problems in the past, and the rest of —
the entities not getting this.
Assistant City Manager White stated that one of the things that the
committee looked at was the entities producing the most hotel nights in the
City. These two entities do so, by far, which creates additional income in
monies spent in restaurants, malls, etc.
Council Member Jones stated that, by law, the hotel/motel money is
regulated very strictly, as to what it can be spent on. Only a certain
percentage can be spent on the "Arts", and we may be at the highest
percentage for that. She also stated someone might check on the law and
talk to Council about this.
Mayor Pro Tem Martin stated he was not sure he liked the committee
making recommendations to Council. He felt that would be a Council
decision to make, rather than having a committee doing this.
Assistant City Manager White stated the main thing was, as the
applications came in, that the committee would review those requests to
make absolutely sure the entities qualify for the dollars. He stated that he
thought the committee recommendation was to do both the qualifications
and make recommendations to the Council. However, that is Council's
prerogative
Murray Hensley stated the committee did not want any more responsibility
than Council wanted them to have. However, the sports area in Lubbock
is great and people want to have games here. The idea was to have a fund
in case someone came in with a worthy project.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to adopt the recommendations of the committee and
establish the new percentages, with a change that the committee is simply
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Page 117
a screening committee to determine whether applicants meet the minimum
qualifications and leave the determination of rankings and
recommendations to the Council and to pass Resolution No. 2004-R0374.
Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 10-17.
(45.) Resolution No. 2004-RO398 expressing opposition to the request of the
Lubbock Central Appraisal District for an 8.3% increase in their FY
2005 budget.
RESOLUTION NO. 2004-RO398
WHEREAS, the City of Lubbock has been notified by Lubbock Central Appraisal
District (hereafter LOAD) that it is proposing to adopt an FY2005 budget that will be an
increase of 8.3 percent over the LCAD current budget; and
WHEREAS, the LCAD Chief Appraiser did not respond nor adequately show
cause to the extent that the City Council requested that LCAD show how services offered
by LCAD to the citizens would be improved, specifically, how LCAD would improve
customer service to our Lubbock citizens with regard to answering their questions,
informing the public as to the process, having better hours to assist citizens in the
complaint process, the inadequacies of software programs that are not citizen friendly nor
have the consistent ability to be accessed, or how they would adequately lower the
margin of errors on appraisals through better analysis and/or accurate data to justify
appraisal increases in the neighborhoods that they appraised within the City of Lubbock;
and
WHEREAS, the City Council of the City of Lubbock desires to inform the Board
of Directors of LCAD that it is opposed to said 8.3 percent LCAD budget increase for FY
2005; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby informs the LCAD Board
of Directors that the City Council of the City of Lubbock is opposed to the proposed 8.3
percent increase in the budget of LCAD for the next fiscal year; and
THAT the City Council of the City of Lubbock hereby requests that the Board of
Directors of LCAD reject the proposed 8.3 percent budge increase for LCAD next
fiscal year; and
THAT the City Manager of the City of Lubbock is hereby authorized and directed
to provide copies of this Resolution to the Board of Directors of the Lubbock County
Appraisal District immediately following passage of this Resolution.
Passed by the City Council this 16`h day of August, 2004.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
This item was considered following Item 47.
Council Member Gilbreath asked if Council had received any
modifications to the budget. Council members stated they had not
received answers to requests made when Mr. Kimbrough was present for
the June 29, 2004 Work Session.
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Council Member Boren stated that he had emailed Mr. Kimbrough and
asked for an update, which he received last week. However, the statistical
information was not what Council Member Boren asked for. No other
council member had received this information.
Council Member DeLeon stated there was a typo on the resolution,
leaving the ' t" off of budget and asked that it be corrected..
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Boren to pass Resolution No. 2004-RO398 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
After this item, Council recessed to Work Session.
Items 45A-47 were considered following Item 43.
(45A.) Resolution No. 2004-RO396 authorizing the City Council to accept the
revised Management's Discussion and Analysis and direct its
inclusion in the Comprehensive Annual Financial Report (CAFR) of
the City of Lubbock, Texas for the fiscal year ended September 30,
2003.
RESOLUTION NO. 2004-RO396
WHEREAS, the City Council of the City of Lubbock accepted the
Comprehensive Annual Financial Report (CAFR) of the City of Lubbock, Texas for the
fiscal year ended September 30, 2003 at the council meeting on July 15, 2004 excepting
only the Management's Discussion and Analysis; and
WHEREAS, the Management's Discussion and Analysis has been rewritten for
purposes of clarity and accuracy, staffed through the City of Lubbock Audit Committee,
and is being resubmitted for acceptance by the City Council; NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock accepts the revised Management's
Discussion and Analysis and directs its inclusion in the Comprehensive Annual Financial
Report (CAFR) of the City of Lubbock, Texas for the fiscal year ended September 30,
2003.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld
CFO/Assistant City Manager
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
The City Council accepted the Comprehensive Annual Financial Report
(CAFR) of the City of Lubbock, Texas, for the fiscal year ended
September 30, 2003, at the Council meeting on July 15, 2004, excepting
only the Management's Discussion and Analysis.
The Management's Discussion and Analysis (MD & A) has been rewritten
for purposes of clarity and accuracy, staffed through the City of Lubbock
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Audit Committee, and is being resubmitted for acceptance by the City
Council.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO396 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren was away from the dais.
PLANNING AND TRANSPORTATION
Streets/Drainage Engineering
(46.) Resolution No. 2004-RO397 authorizing the Mayor to execute an
amendment to the Agreement for Engineering Services with Parkhill,
Smith & Cooper, Inc. on the 98th Street widening project, from Slide
Road to Frankford Avenue.
RESOLUTION NO. 2004-RO397
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an Amendment to the Agreement for
Engineering Services between the City of Lubbock and Parkhill, Smith & Cooper, Inc.,
for the paving improvements and widening of 98th Street between Slide Road and
Frankford Avenue. Said Amendment is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, PE, City Engineer
APPROVED AS TO FORM:
/s John Knight
John Knight, Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 2005-R0397.
The City executed an agreement for engineering services with Parkhill,
Smith & Cooper, Inc. (PSC) for the widening of 98th Street from Slide
Road to Frankford Avenue on May 22, 2003. The time of completion was
set at 14 months following the issuance of the Notice to Proceed. The
Notice to Proceed was issued on May 29, 2003.
A letter dated July 27, 2004, from PSC requesting an extension of time to
complete their design engineering services for this project, was provided
in council backup.
In PSC's letter, they include the following issues as justification for their
request of an extension of time:
• Delay in response from City on sanitary sewer video inspection, and
possible City remedial action.
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• Rain and weather delays in conducting their geotechnical
investigation.
• New development on the south side of 98`h Street creating the need to
relocate a drainage easement, and resulting design changes.
• Better coordination in tying into the bored storm sewer pipe to be bid
with the South Lubbock Drainage Improvement Project.
FISCAL IMPACT:
There was no financial impact due to this amendment. No additional
compensation was being requested by this amendment.
The Street/Drainage Engineering Department recommended approval of
this amendment to the agreement. The basis for the extension of time from
14 months to 16 months seems questionable. However, it will not be in the
City's benefit to discontinue work under this design contract, and start
new with another engineer.
Also, note that the July 27, 2004 letter states design services for
stabilization of soil materials is classed as additional services under the
existing agreement. As such, the soil subsidence remedy may result in
additional time requests for that effort.
Mayor Pro Tem. Martin asked Larry Hertel, City Engineer, when the City
is going to put out bids and build 981h Street. Mr. Hertel deferred to Paul
McMillan of Parkhill, Smith & Cooper. Mr. McMillan stated that they are
looking at advertising during the November/December 2004 time frame;
awarding bids in February 2005 and seeing some activity in early April
2005.
Council asked Mr. Hertel to check the cost on the possibility of concrete,
rather than asphalt, if there was still time.
Council Member Boren returned to the dais.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member DeLeon to pass Resolution No. 2004-R0397 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Gilbreath recused himself.
(47.) Consider an appointment to the Urban Design/Historic Preservation
Commission.
Motion was made by Council Member Jones, seconded by Council
Member DeLeon to appoint Sankar Chatterjee to the Urban
Design/Historic Preservation Commission. Motion carried: 7 Yeas, 0
Nays.
The next item considered was Item 45.
10:08 A. M. CITY COUNCIL RECESSED
10:25 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All council members were present except Mayor McDougal, who
arrived at 10:27 a.m.
WORK SESSION
(48.) Presentation of an overview of the Lubbock Independent School
District bond proposal, and how it impacts the City of Lubbock.
Dan Pope, Chairman of the Lubbock independent School Bond
Committee, gave a PowerPoint presentation to show the overview of the
Lubbock Independent School District bond proposal, and how it impacts
the City of Lubbock.
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Page 121
Wayne Havens, Superintendent of Lubbock Independent School District,
and Mark Griffin, President of the Lubbock Independent School District
Board of Trustees, answered questions posed by Council.
Council Member DeLeon asked about the "equity issue" on the softball
fields. She stated that Estacado High School is concerned that they have a
team, but they are using a poor conditioned field, as compared to the
young ladies in the other high schools. She asked Mr. Havens how he was
going to address this issue. Mr. Havens responded that LISD builds
softball fields other ways than bond issues and they would continue to
look at this.
(48A.) Presentation by the Lubbock Regional Public Safety Memorial
Committee on the progress of the Memorial at Jack Steven's Park.
Mike Kemp, Fire Marshall, City of Lubbock, gave a presentation. He
stated that this memorial is for law enforcement, the fire service and EMS
from local, state and federal agencies. This will not only recognize the
ones who have lost their lives in the line of duty, but also the ones who
pay the sacrifice of working day-to-day to protect the citizens.
Mr. :Kemp stated that on September 11 th, there would be a First
Responders Ground Breaking Ceremony at Stevens Park.
Mayor Pro Tern Martin asked City Attorney Burgess to work out a ground
lease for this item, so it can be put on council agenda.
At this time, a video to promote the 9-11 ceremony at Kastman Park
was shown, as requested by Mayor Pro Tem Martin.
(48B.) Update on fines for red light runners and other fines that are
increasing.
Municipal Court Judge Robert Doty gave comments. He stated that
effective August 1, 2004 all fines went up $5.00. Examples are as
follows:
The fine for a "rolling stop" or "California stop" through a stop sign or red
light, which involves no safety issues, is currently $132.00. A more
extreme version of that is "blowing through" a stop sign or red light,
which does involves safety issues, is currently $212.00. This extreme
version is at the officer's discretion and he writes "EXT" on the ticket.
Council Member Gilbreath asked Judge Doty if he would put out a press
release on this matter.
At this time, the following motion was made by Mayor Pro Tern Martin,
seconded by Council Member Price: "Move to affirm the decision of the
City Manager to return the Police Chief to his position as Chief of Police
and relieve him of his duties as Assistant City Manager, effective July 19,
2004, and to do likewise as it concerns the Fire Chief, effective August 2,
2004.
Further move to relieve the City Attorney of her duties as Assistant City
Manager and return her to her duties as City Attorney, effective August 2,
2004."
Motion carried: 7 Yeas, 0 Nays
11:55 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City CounciI/City Manager's Conference Room
All council members were present.
1:40 P. M. WORK SESSION RECONVENED
All council members were present.
(49.) Discussion of the City of Lubbock Proposed FY 2004-05 Operating
and Capital Projects budget.
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August 16, 2004
Page122
City Manager Lou Fox presented the proposed budget for FY 2004-05.
The following funds were included:
• General
• Internal Service
• Health Insurance
• Risk Management
• Hotel/Motel
• Economic Development
• Lubbock Economic Development Alliance
• Debt Service
• Gateway Streets
• General Capital
• Internal Service Capital
A summary overview, by fund, was provided to the City Council two
weeks in advance of the work session.
The Enterprise Fund budgets were discussed on July 22nd and were not
included in the document provided August 3`d. Staff is seeking guidance
on the Water and Sewer budgets, specifically regarding the rates. In order
to comply with the Local Government Code, a budget must be filed with
the City Secretary's Office at least 15 days prior to the public hearing and
at least 30 days prior to adopting a tax rate.
The City Council is scheduled to hold a public hearing on September 9ch
and adopt the tax rate on September 23`d (second reading). The City of
Lubbock must file a budget by August 23`d, or move the City Council
meeting on September 23 back, and reschedule the public hearing.
FISCAL IMPACT:
Not applicable.
Mayor McDougal stated that today was for council to give final direction
to staff, so the budget can be brought back to council in final form on
September 9ch
Council Member Gilbreath stated that four members of Council are on
record as supporting that $.08 reduction the citizens voted for in sales tax
and he couldn't vote for a tax rate, which would be over that.
Council Member Boren stated that dues to the Texas Municipal League
(TML) are approximately $10,000. He asked if Council had to join the
National League of Cities on top of TML and suggested that this is where
a cut could be made.
Mayor Pro Tern Martin questioned the Gateway Street Fund and Chief
Financial Officer Lee Ann Dumbauld stated this will be revisited.
Ms. Dumbauld stated they were also revisiting health care, requested
positions, etc. and would bring this back.
Ms. Dumbauld informed Council Member Gilbreath that after he had
requested a balance sheet, staff had prepared one to the end of the fiscal
year.
Council Member DeLeon suggested looking at the red light cameras,
employee raises, old water meters, etc.
Council Member Price commended the staff on what they had
accomplished. He also stated that all aspects should be looked at and then
try to get to "brass knuckles" and get a budget that citizens would be
proud of.
City Manager Fox stated that future steps would include: 1) Executive
Management will begin an in-depth analysis of operations; and 2) Funding
strategies to strengthen the City's financial position will be forwarded to
the City Council.
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Page 123
Council Member Boren stated we needed to get back to the basics called:
Core — Needs — Wants. He stated this might need to be "gone through"
and lest Council give their opinions on each department and see if there are
ways to eliminate duplication and become more efficient.
City Manager Fox stated he always appreciated Council's input and that it
is management's top priority to take a look at the system.
Mayor McDougal asked if staff would let Council know if any additional
monies had been set aside for parks and to check on raises for employees.
Council Member Jones stated we should not cut, just to cut.
City Manager Fox stated staff would have a re -revised budget by the end
of the week.
Mayor McDougal asked "Does everybody agree, and I'm looking at page
3 of the summary that we were handed - summary of `Changes under
Consideration.' We've all been through the budget. I think everybody's
had an opportunity to go through that. I think everybody's met with staff,
as well. What I would like to see us do is work from this sheet here,
adding or getting the number from parks maintenance. I don't think
anything needs to be added there. It may need to be. Then, employee
raises and let's work over the next couple of weeks before we get to — I
guess we really have about three weeks — and maybe put this on the
agenda for next week to get an update from you'll during work session
next week on the budget again. That will give us all one more opportunity
before the 9a' to discuss all of these items again. I think the one thing that
I have heard from Tom, Jim, Gary and certainly myself is on the tax rate.
My opinion is that that be set at .4597, which is eight pennies, plus
6/10ths, which makes it a 8.6 tax decrease."
Mayor McDougal added "The items I added are parks and raises. On here
are increased funding for streets, red light enforcement revenue - a
decrease in that showing that it would be zero. The increase in the Tel
Com right-of-way, increase in the cable franchise fees, restoring those
back to where they came from and the Gateway Streets Project. Adding
almost $300,000 to the revenue from recalculating the tax rate at .4597
and then eliminating the contribution to the fund balance. Is there
anything else that needs to be added to that for Council consideration? If
we do that, and then a week from now, we can go back over that again and
maybe have a little more information and another week to work on it with
some options. Because we can change the budget on first reading and then
we can change it again on second reading.
Mayor McDougal stated there was no problem with staff filing the
prepared budget with the City Secretary's Office.
3:10 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor
McDougal adjourned the meeting.
Read and approved thisday of
�ARC NrCDOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secret
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