HomeMy WebLinkAboutMinutes - City Council - Regular - 8/26/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
AUGUST 26, 2004
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 26th
day of August, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:32 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Jim Gilbreath, Council Member Phyllis Jones, Council
Member Floyd Price
Absent: No one
CITIZEN COMMENTS
One citizen expressed comments to the Council.
Lewayne Feagin, representing Rio Brazos and Oak Canyon Estates, 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; competitive matters of the public
power utility; discuss or deliberate regarding commercial or financial
information from an economic development business prospect seeking
to locate, stay, or expand in or near Lubbock" as provided by
Subchapter D of Chapter 551 of the Government Code, the Open
Meetings Law."
7:35 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 (Business Development; Electric Utilities; Overton; 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 (Business & Neighborhood Development;
Water Utilities).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary) and take appropriate action.
( 4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding
operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans
and studies of Lubbock Power and Light;
Regular City Council Meeting
August 26, 2004
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.
(4a.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.087 to discuss or deliberate regarding commercial
or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental
body and with which the governmental body is conducting economic
development negotiations (Market Lubbock, Inc).
9:07 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Pro Tem Tom Martin; Council Member Linda DeLeon;
Council Member Phyllis Jones; Council Member Floyd Price; Lou
Fox, City Manager; Anita Burgess, City Attorney; Rebecca Garza,
City Secretary; and Richard Casner, First Assistant City Attorney
Absent: Mayor Marc McDougal; Council Member Gary 0. Boren; Council
Member Jim Gilbreath
Mayor Pro Tem Martin called the meeting to order at 9:07 A. M.
(5.) Invocation by Pastor David Robertson, Raintree Christian Church.
(6.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
BOARD APPOINTMENT RECOGNITIONS
Urban Design/Historic Preservation Commission
Receiving: Dr. Sankar Chatterjee
9:10 A. M. Council Members Boren and Gilbreath arrived at the dais.
CITIZEN APPEARANCES
(7.) Presentation of a citizen recognition to Mr. and Mrs. Roland Roberts
for their work with the Casey and Ribble Parks. This item was
requested by Council Member Boren.
Council Member Boren made the presentation to Roland Roberts. Mrs.
Roberts was unable to attend.
(8.) Presentation of an employee recognition to Mr. Benito Ortiz for his
work with the Casey and Ribble Parks. This item requested by
Council Member Boren.
Mayor Pro Tem Martin made the presentation to Mr. Ortiz. Mr. Ortiz
commented this would not have been possible without his staff.
CONSENT AGENDA (Items 10-11, 14-17,19-20,22, 24-25, 27-32)
Motion was made by Council Member DeLeon, seconded by Council
Member Boren to approve Items 10-11, 14-17, 19-20, 22, 24-25, 27-32 on
consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
9:14 A. M. Mayor McDougal arrived at the dais after the vote on Consent
Agenda
(9.) Approval of Minutes: August 16, 2004
Regular City Council Meeting
This item was deleted.
(10.) ORDINANCE No. 2004-00088: Ordinance 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) (Right -of -Way)
(second and final reading ).
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ORDINANCE 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 was read for the first time at the August 16, 2004 City
Council meeting as a routine consent agenda item. This ordinance
abandons and closes the 0.693-acre (30,187.08 sq. ft.) portion of Avenue
O, north of 3`d Street, and south of the Burlington Northern & Santa Fe
Railroad right-of-way, and a 3,347.085 sq. ft. portion of Avenue O, just
south of 3d Street for Falcon Steel Company.
FISCAL IMPACT:
Income to the City of $8,383.54.
The Right -of -Way Department recommended the approval of the second
reading of this ordinance.
(11.) Ordinance No. 2004-00089 abandoning and closing a portion of East
47'h Street just west of Locust Avenue in Section 6, Block B, Lubbock
County, Texas (4702 Locust Avenue) (first reading).
ORDINANCE NO. 2004-00089
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST
47TH STREET LOCATED IN SECTION 6, BLOCK B, IN 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 a 0.786-acre (34,238.16 sq. ft.)
portion of East 47"' Street just west of Locust Avenue adjacent to Lot 3,
Block 8, Burlington Industrial Addition #2 for replat purposes. The
requestor of this closure is the South Plains Food Bank who desires to
expand their parking area and business. The Food Bank was not the
original dedicator of the street area to be closed so there will be a charge
for it. The Right -of -Way Department has appraised 33% of this street area
to be closed at $00.25 per sq. ft. or 11,298.59 sq. ft. X $00.25 for a value
of $2,824.65. The remaining 67% is appraised at $00.07 per sq. ft. or
22,939.57 X $00.07 = $1,605.77 for a total of $4,430.42. The area being
closed will remain as a utility easement and drainage easement so it will
be valued at 40% of the appraised value or $1,772.17. Additional street
area will be dedicated as a cul-de-sac containing 1,497.5 sq. ft. and is
valued at $00.07 per sq. ft. for a credit of $104.83 for a total due the City
of $1,667.34.
FISCAL IMPACT:
Income to the City of $1,667.34.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
The next items considered were Items 14-17.
Items 12-13 were moved from consent agenda to regular agenda and
considered following Item 32.
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(12.) Ordinance No. 2004-00090 adding Subsection 21-1 to the Code of
Ordinances of the City of Lubbock, Texas, with regard to the
recommendations for the naming of locations and facilities at the
Lake Alan Henry (Community Services) first reading).
ORDINANCE NO. 2004-00090
AN ORDINANCE ADDING SUBSECTION 21-1 TO THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO RECOMMENDATIONS
FOR THE NAMING OF LOCATIONS AND FACILITIES AT LAKE ALAN HENRY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Approval of this item provided for a process to name locations and
facilities at Lake Alan Henry. Possible locations that could be considered
for naming includes coves, points, scenic overlooks, roads, trails,
campgrounds and interpretive sites. Facilities that could be considered for
naming include any of the buildings and/or amenities. The Lake Alan
Henry Working Group, which currently consists of three City of Lubbock
Councilpersons and various City staff members, would make
recommendations to the City Council for naming. The City Council will
have the final authority with regard to approving the names.
FISCAL IMPACT:
Not applicable.
Staff recommended approval of this ordinance to provide a process for
naming facilities and locations at Lake Alan Henry.
Randy Truesdell, Parks and Recreation Director, gave comments.
Motion was made by Council Member Boren, seconded by Mayor Pro
Tern Martin to pass on first reading Ordinance No. 2004-00090 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(13.) Ordinance No. 2004-00091 amending Chapter 16 of the Code of
Ordinances, with regard to definitions related to exceptions to Junk
Vehicles — lawfully parked vehicles; relocation of public nuisance to
another location; providing a penalty; providing a savings clause; and
providing publication (Planning and Transportation) first reading).
ORDINANCE NO.2004-00091
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
DEFINTIONS RELATED TO EXCEPTIONS TO JUNKED VEHICLES- LAWFULLY
PARKED VEHICLES; RELOCATION OF PUBLIC NUISANCE TO ANOTHER
LOCATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This amendment changes Sec. 16-370 (2) to read:
Sec. 16-370. Exceptions --Lawfully parked vehicles.
(2) A vehicle or part thereof
(a) that is stored or parked in a lawful manner on
private property in connection with the business of a
licensed vehicle dealer or a junkyard; or
(b) that is an antique or special interest vehicle stored
by a motor vehicle collector on the collector's
property.
(c) For purposes of this subsection (2), the vehicle or
part thereof and the out door storage area, if any
must be:
(1) maintained in an orderly manner;
(2) not a health hazard; and
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(3) screened from ordinary public view by
appropriate means, including a fence,
rapidly growing trees, or shrubbery.
This amendment to the ordinance would require property owners that are
allowed to store Junked Vehicles on their property to keep the outdoor
storage areas clean and orderly and screened from public view.
FISCAL IMPACT:
No additional funding is required.
Staff .recommended the approval of this ordinance.
Motion was made by Council Member DeLeon, seconded by Council
Member Boren to pass on first reading Ordinance No. 2004-00091 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 18.
Items 14-17 were considered following Item 11.
(14.) Resolution No. 2004-RO399 authorizing the Mayor to execute a land
lease agreement with Lubbock County Flower Growers, Inc., for an
airport outer marker navigation site (New Deal, Texas)
(Right -of -Way).
RESOLUTION NO.2004-RO399
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 to be
entered into by and between the City of Lubbock and Lubbock County Flower Growers,
Inc. (as Lessor), attached hereto, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 26`" day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza _
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Lease Agreement is filed with Resolution No. 2004-R0399.
This lease was originally issued June 23, 1994 for ten years and three
months and will expire September 30, 2004. This outer marker navigation
site is located along the north side of Farm Road 1729 approximately
one-half mile east of New Deal, Texas and contains Federal Aviation
Administration navigational equipment used in conjunction with the
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Lubbock International Airport. The size of this site is 55 feet by 100 feet
and contains 5,500 sq. ft. The term of this new lease is for 10 years,
starting October 1, 2004 and ending on September 30, 2014. The yearly
cost of this lease is $250 for a total of $2,500, payable upon execution of
the lease.
FISCAL IMPACT:
Expense to the City is $2,500 for this 10-year lease and will come out of
4611.8302 (Professional Services).
The Right -of -Way Department recommended the approval of this lease
agreement with Lubbock County Flower Growers, Inc.
(15.) Resolution No. 2004-RO400 authorizing the Mayor to execute a Deed
Without Warranty to Falcon Steel Company for a tract of land
adjacent to Block 7, Richmond Addition (305 Avenue O)
(Right-of-way).
RESOLUTION NO. 2004-RO400
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Deed Without Warranty
between the City of Lubbock and Falcon Steel Company, a Texas corporation, and any
other related documents. Said Deed Without Warranty is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Deed Without Warranty is filed with Resolution No. 2004-R0400.
This resolution authorizes the Mayor to execute a Deed Without Warranty
to Falcon Steel Company for the 3,347.085 sq. ft. portion of Avenue O,
just south of 3rd Street that is being abandoned and closed in the
ordinance for second reading in place on the City Council agenda today.
FISCAL IMPACT:
No fiscal impact.
The Right -of -Way Department recommended approval of this Deed
Without Warranty to Falcon Steel Company.
(16.) Resolution No. 2004-RO401 authorizing the Mayor to execute a street
use license with Combined Leasing Group, for the use of a portion of
Avenue F for a canopy overhang encroachment (1702 Avenue F)
(Right -of -Way).
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RESOLUTION NO.2004-RO401
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, a Street Use License for a
canopy overhang, by and between the City of Lubbock and Combined Leasing Group, a
partnership composed of Dale Sedberry, Wayne Davidson and Keith Voyles, and related
documents. Said License is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Senior Attorney/Office Practice
A copy of the License is filed with Resolution No. 2004-R0401.
This .license was originally issued to Leon F. Davidson and Roy L Voyles,
d/b/a L & R Properties on August 13, 1984 for a canopy overhang
encroachment located at Avenue F and 171h Street. This license will expire
in August and the new licensee, Combined Leasing Group, has requested
to renew the license for an additional 20 years. This license will be for
twenty years, payable every five years. The City will receive $50 per year
or $250 for each five-year period.
FISCAL IMPACT:
Yearly income of $50 to the City.
The Right -of -Way Department recommended the approval of this street
use license to Combined Leasing Group.
(17.) Resolution No. 2004-RO402 authorizing the Mayor to execute a street
use License with Lubbock Tower Company for the use of a portion of
Avenue Q for a guy wire anchor encroachment (8210 Avenue Q).
RESOLUTION NO.2004-RO402
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute :for and on behalf of the City of Lubbock, a Street Use License for a
radio tower guy wire anchor, by and between the City of Lubbock and Lubbock Tower
Company, and related documents. Said License is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
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Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Senior Attorney/Office Practice
A copy of the License is filed with Resolution No. 2004-R0402.
Lubbock Tower Company has a radio antenna located on property they
own south of 82"d Street between Avenue U and Avenue Q. The antenna
has several anchors in the ground adjacent to the tower that hold guy wires
to stabilize the tower. A recent survey of the property indicated that one
of these guy wire anchors is located in a portion of Avenue Q, just south
of 82"d Street. At the present time, Avenue Q is unpaved and unopened on
the ground, but some time in the future could be opened up due to
development. The area of this requested street -use license is 10-feet by
10-feet or 100 sq. ft. Lubbock Tower Company will be charged the $50
minimum per year for this license and the license will be for 20 years,
payable every five years in advance for an amount due now of $250.
FISCAL IMPACT:
Yearly income of $50 to the City.
The Right -of -Way Department recommended the approval of this street
use license to Lubbock Tower Company.
The next items considered were Item 19-20.
(18.) Resolution No. 2004-RO414 accepting paving improvements
constructed by Hub City Pavers, Inc. in Ruby Tequila's Unit No. 1
Addition (Street/Drainage Engineering).
RESOLUTION NO. 2004-RO414
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Ruby Tequila's Unit
No. 1 Addition, made arrangements with Hub City Pavers Construction Company, Inc.,
for the construction of paving improvements on certain streets and avenues dedicated in
said subdivision under the provisions of said Ordinance prior to the recording of the
subdivision plat of the above -mentioned Addition, including the following streets and
avenues:
The North half of 87th Street from the alley West of Avenue "X" to the East lip
line of University Avenue, known and designated as New Subdivision Sub -Unit Number
09 of Unit Number 2045.
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WHEREAS, the construction of the above improvements on the above -mentioned
streets and avenues was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues 13E and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council and to
direct refund of the cash bond placed by the Developer in the amount of $1,200.00 to the
Contractor.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
This item was moved from consent agenda to regular agenda and was
considered following Item 13.
This is a routine acceptance of paving improvements constructed at the
time of platting this new subdivision. These improvements consist of
street paving and curb and gutter on:
The north half of 87`h Street from the alley west of Avenue X to
University Avenue.
FISCAL IMPACT:
The City's share of the cost in the amount of $1,200 will be due the
contractor upon this acceptance. The City's cost will be paid from an
existing capital project "New Subdivision and Assessment Paving". This
capital project is funded on an annual basis to provide funding for the City
to pay for paving quantities that exceed the developers' paving
requirements when platting new subdivisions.
Street/Drainage Engineering staff recommended approval of this
resolution and acceptance of these paving improvements.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Boren to pass Resolution No. 2004-R0414 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Gilbreath recused himself.
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The next item considered was Item 21.
Items 19-20 were considered following Item 17.
(19.) Resolution No. 2004-R00403 providing for a partial paving release of
certain properties abutting portions of Frankford Avenue from 82nd
Street to 981h Street in the City of Lubbock, Texas (Street/Drainage
Engineering).
PARTIAL PAVING RELEASE RESOLUTION NO.2004-RO403
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, Resolution No. 2001-RO393 passed by the City Council on October
11, 2001, determined the necessity for making certain street improvements as therein
designated, which Resolution was filed as a matter of record in Volume 7705, Page 204
of the Official Real Property Records of Lubbock County, Texas, reference to which
record is hereby made for all pertinent purposes; and
WHEREAS, the City Council of the City of Lubbock finds and determines that
the liens and/or clouds against certain abutting properties created by the filing of such
Resolution should be released against such properties as are hereinafter described for the
reasons hereinafter stated; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I.
THAT the following described properties in Unit Number 2386-005, are hereby
released and quitclaimed because no assessments were made against such properties after
as a result of existing curb and gutter and prepaid paving to wit:
Preston Hills, Tract "A"
Preston Hills, Lot 250
Preston Hills, Lot 249
Preston Hills, Lot 218
Preston Hills, Lot 217
Preston Hills, Lot 189
Preston Hills, Lot 188
Preston Hills, Lot 114
Preston Hills, Lot 113
Preston Hills, Lot 56
Preston Hills, Lot 1
The Chaparral, Lot 193
The Chaparral, Lot 136
The Chaparral, Lot 135
The Chaparral, Lot 82
The Chaparral, Lot 81
The Chaparral, Lot 28
The Chaparral, Lot 27
The Meadows, Lot 1068
The Meadows, Lot 1069
The Meadows, Lot 1134
The Meadows, Lot 1135
The Meadows, Lot 1200
The Meadows, Lot 1201
The Meadows, Lot 1265
The Meadows, Lot 1266
The Meadows, Lot 1327
Hunters Glen, Lot 38
Hunters Glen, Lot 39
Hunters Glen, Lot 118
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Hunters Glen, Lot 119
Hunters Glen, Lot 200
Hunters Glen, Lot 201
Sheldon Addition, Lot 1, Block 1
Regal Park, Lot 110
Regal Park, Lot 122
Regal Park, Lot 1
Regal Park, Lot 13
Regal Park, Lot 14
Regal Park, Lot 30
Regal Park, Lot 31
Regal Park, Lot 260
Regal Park, Lot 295
Regal Park, Lot 296
Regal Park, Lot 331
Regal Park, Lot 332
Regal Park, Lot 375
Regal Park, Lot 259
Regal Park, Lot 218
Regal Park, Lot 217
Regal Park, Lot 176
Regal Park, Lot 175
Regal Park, Lot 134
Regal Park, Lot 133
Day Estates, Lot 1
Day Estates, Lot 19
Day Estates, Lot 20
Day Estates, Lot 43
Day Estates, Lot 44
Day Estates, Lot 61
Day Estates, Lot 81
Day Estates, Lot 82
Il.
THAT the following described properties in Unit Number 2386-005, Frankford
Avenue from 82°d Street to 98`h Street are hereby released and quitclaimed because no
assessments were made against such properties after a public hearing thereon as a result
of an independent appraisal showing no property enhancement to wit:
The following metes and bounds described property:
Beginning at the Southeast corner of this tract which bears North 89 degrees 57
minutes 15 seconds East a distance of 205.00 feet and North 00 degrees 02
minutes 45 seconds West a distance of 65.00 feet from the Southwest corner of
Section 26, Block E-2, Lubbock County, Texas, same point lying in the north line
of 98th Street;
Thence Sout1189 degrees 57 minutes 15 seconds West along the north line of 98th
Street a distance of 120.01 feet to a point of curvature;
Thence northwesterly around a curve to the left, said curve having a radius of
30.00 feet, a central angle of 89 degrees 58 minutes 46 seconds, a chord distance
of 42.42 feet, tangent lengths of 29.29 feet and an arc length of 47.11 feet to a
point of tangency;
Thence North 00 degrees 01 minutes 31 seconds West, parallel to the west line of
Section 26, a distance of 372.47 feet to the northwest corner of this tract;
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Thence East along the South line of the alley south of 96th Street a distance of
150.00 feet to the northeast corner of this tract;
Thence South 00 degrees 01 minutes 31 seconds East, parallel to the west line of
Section 26 a distance of 402.56 feet to the POINT OF BEGINNING.
THAT all of the properties to which this partial release is applicable as
hereinabove described are located within the corporate limits of the City of Lubbock,
Lubbock County, Texas, and this Release is only applicable to the properties hereinabove
specifically described and released. All interests and/or liens not specifically herein
released are hereby retained by the City of Lubbock.
Passed by the City Council this 26th day of August, 2004.
/S/ MARC'vICDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County
and State, on this day personally appeared Marc McDougal, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of the CITY OF LUBBOCK and as its
MAYOR, for the purposes and consideration therein expressed and in the capacity herein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of August,
Is/ Celia Webb
Notary Public in and for the State of Texas
My Commission Expires: 03 -01-2006
This resolution serves to release properties from any paving assessments
that are abutting a certain paving improvement program. The paving
improvements are as follows:
Frankford Avenue from 82°a Street to 98th Street.
This release will remove any apparent cloud, lien or assessment that may
be against the listed properties related to this assessment -paving project.
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August 26, 2004
The residential properties are being released from assessments on this
project because of existing curb and gutter and prepaid paving.
This resolution will be filed in the Real Property Records of Lubbock
County.
FISCAL IMPACT:
There is no fiscal impact associated with this release.
Street/Drainage Engineering staff recommended approval of this
resolution.
(20.) Resolution No. 2004-RO404 correcting a street name by changing the
4800 and 4900 blocks of Homestead Avenue to the 5900 block of 50'h
Street (Streets/Drainage Engineering).
RESOLUTION NO. 2004-RO404
WHEREAS, the owners and tenants abutting the 4800 and 4900 blocks of
Homestead Avenue have requested that the City change the name of Homestead Avenue
to 50'h Street, which request is attached hereto as Exhibit A; and
WHEREAS, whereas such change has been requested because 501h Street merges
into Homestead Avenue, which causes confusion to citizens, visitors and customers
trying to locate businesses on Homestead Avenue, especially in view of the recent street
closures due to the construction of Marsha Sharp Freeway; and
WHEREAS, Section 24-38(f) of the Code of Ordinances allows the changing of
street names to correct errors or omissions or to make necessary changes to bring street
names into compliance with the current method of street naming; and
WHEREAS, the City Engineer and the City Traffic Engineer have reviewed this
request and have determined that it is an acceptable request to correct a name that creates
a confusing situation for Lubbock citizens; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, pursuant to Section 24-38(f) of the Code of Ordinances, the
4800 and 4900 blocks of Homestead Avenue are hereby changed to be the 5900 block of
501h Street in order to eliminate confusion and to help citizens, visitors and customers to
find addresses at that location.
SECTION 2. THAT the City Engineer is hereby directed to change the official
City Map to reflect this change and to notify all interested parties of such change. The
City Traffic Engineer is hereby directed to make changes to street name markers and
other signs as needed.
Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry Hertel, City Engineer
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APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
The City Engineer received a request to change the name of the 4800 and
4900 blocks of Homestead Avenue to the 5900 block of 501h Street.
This was a formal, written request signed by all the owners and persons
leasing properties with the Homestead Avenue addresses.
In their request, they indicated a problem that has existed for years in their
customers' ability to locate their offices and businesses with the
Homestead Avenue address. These two blocks of Homestead Avenue are
the only Homestead Avenue named streets within 2-% miles north and one
mile south.
Their request indicated persons trying to locate their property have had
even more difficulty in the last few months due to the Marsha Sharp
Freeway/Loop 289 construction and related street closures in the area.
The requesters felt there would be less difficulty in locating their site with
a 501h Street rather than a Homestead Avenue address.
At this location 501h Street extends westward from Frankford Avenue, and
terminates with a right angle turn into Homestead Avenue. Homestead
Avenue then terminates at the Brownfield Highway intersection.
Their request is to extend the 50`h Street name past the corner up to the
street intersection with Brownfield Highway.
The City Engineer and Traffic Engineer have reviewed this request, and it
appears this street name change is an acceptable alternative to the current
Homestead Avenue name.
FISCAL IMPACT:
Two street name markers will have to be replaced at an estimated cost of
approximately $100 each. The Traffic Engineer has agreed to absorb this
cost in his normal operating budget for street name marker replacements.
Street/Drainage Engineering staff supports approval of this street name
change.
The next item considered was Item 22.
(21.) Resolution No. 2004-R authorizing the Mayor to sign Change Order
No. 1 with Fugro South, Inc., for engineering services related to
evaluation of utility trench backfill standards and issues
(StreetvDrainage Engineering).
This item was moved from consent agenda to regular agenda and was
considered following Item 18.
This item was denied.
On August 6, 2003, the City Council approved an agreement for
engineering services with Fugro South, Inc. to perform an evaluation and
submit recommendations on standards and practices for trench backfill
and paving repairs in the public right-of-way.
Representatives from Fugro South, Inc. presented their findings and
recommendations to the City Council during work session at the July 24,
2004 City Council meeting.
Fugro has requested a change order to increase the amount of their
contract from $70,500 to $77,000. The primary basis for their request is
due to additional time and travel costs exceeding the amount they had
originally estimated in their proposed scope of work.
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In their letter of request for the change order (included in backup
materials), they stated that additional trips were required due to problems
with meetings scheduled with stakeholders. This statement is true, in that
several scheduled interviews had to be rescheduled due to conflicts with
those individuals.
Also, one trip made by the Fugro personnel to evaluate problems
experienced in unpaved alleys had to be rescheduled, requiring an
additional trip, due to heavy rainfall and muddy conditions.
The agreement states compensation shall not exceed $70,500 without
Owner's approval. Fugro requests the City increase this contract amount
to $77,000 due to their additional expenses incurred that were due to
circumstances out of their control.
FISCAL IMPACT:
Originally, the City Council had approved a budget of $75,000 for this
engineering evaluation. By approving this Change Order, an additional
$2,000 will have to be transferred into this capital project. This $2,000
could be transferred, by Budget Change Request, from an existing capital
project in the Street Capital Projects Fund.
Street/Drainage Engineering staff recommended approval of this change
order. The additional $2,000 needed is recommended to be transferred
from the Street Capital Project — State/Federal Match, which has a current
balance of approximately $50,000.
Council Member DeLeon asked why this should be paid, when Fugro
South, Inc. should have coordinated with the City by phone or whatever
means to set up the meetings to move forward. She stated she didn't want
to set a precedent for others to do the same thing.
Council Member Boren stated he agreed with Council Member DeLeon.
He also stated that they proposed this amount and should abide by this.
Council Member Gilbreath stated Fugro made a business decision going in
and agreed with Council Member DeLeon.
Council Member Price stated once Fugro entered into a contract, they
should be held to the contract.
Larry Hertel, City Engineer, stated Council didn't have to pay this. Fugro
felt they did work above and beyond the scope of the work. However,
they realize they have a contract and they are willing to abide by the
contract.
Motion was made by Council Member DeLeon, seconded by Council
Member Boren to deny this item. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 23.
(22.) Resolution No. 2004-R0405 authorizing the Mayor to execute an
agreement with the Department of Justice for a Local Law
Enforcement Block Grant and to authorize the expenditure of
one -ninth matching funds upon the awarding of this grant, to be used
to enhance technology within the Police Department (Police).
RESOLUTION NO. 2004-R0405
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with the
United States Department of Justice, and any associated documents, for a grant in the
amount of $96,133 to fund new technology for the Lubbock Police Department Public
Safety Computer System, and that the Council hereby agrees, in accordance with the
requirements of such grant agreement, to a cash match of $10,681, which is one -ninth of
such grant amount.
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August 26, 2004
Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
This item was considered following Item 20.
The Omnibus Fiscal Year 1999 Appropriations Act authorizes the Bureau
of Justice Assistance Director to make funds available to local units of
government under the Local Law Enforcement Block Grant program for
the purposes of reducing crime and improving public safety.
The Police Department requests that the City Council authorize the Mayor
to execute this agreement with the Department of Justice. The Police
Department requests this grant to purchase new technologies to enhance
the department's Public Safety Computer System.
FISCAL IMPACT:
The Local Law Enforcement Block Grant requires one -ninth matching
funds from the City, to be obligated and expended during the Federal
project period. This Local Law Enforcement Block Grant is in the amount
of $96,133. The City's match will be $10,681. The grant match funding is
available in the 2003-2004 Police Budget.
The Police Department strongly recommended approval of this resolution.
The next items considered were Items 24-25.
(23.) Resolution No. 2004-RO415 amending Resolution No. 2002-110472, as
amended by Resolution 2003-RO338, concerning payment of
supplemental pay to employees who are called to active military duty,
to extend for an additional one-year period to end September 30, 2005
(Human Resources).
RESOLUTION NO.2004-RO415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
AMENDING RESOLUTION 2002-RO472 AS AMENDED BY RESOLUTION
2003-R0338, ADOPTED AUGUST 28, 2003, AND FURTHER AMENDED BY
RESOLUTION 2004-R0415, ADOPTED AUGUST 26, 2004, DIRECTING THE CITY
MANAGER TO GRANT MILITARY LEAVE AND TO PAY SUPPLEMENTAL PAY
IN AN AMOUNT NECESSARY TO ENSURE NO LOSS IN WAGES BETWEEN
MILITARY PAY AND EMPLOYEE'S GROSS WAGES LESS CAR ALLOWANCE
AND EXPENSE ALLOWANCE TO ALL FULL-TIME EMPLOYEES WHO ARE
CALLED TO ACTIVE DUTY TO SERVE OUR COUNTRY AND AUTHORIZING
THE USE OF ACCRUED LEAVE BALANCES AFTER ALL MILITARY LEAVE IS
USED.
WHEREAS, the City of Lubbock wishes to express its appreciation of the
service and dedication of employees called to serve our country and;
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WHEREAS, the City of Lubbock deems it appropriate and in the best interest of
the City to grant paid military leave in an amount necessary to ensure no loss in wages
between military pay and gross wages less car allowance and expense allowance for all
full-time employees who are called to active duty in the U.S. Armed Forces or State
National Guard and;
WHEREAS, the City of Lubbock deems it appropriate to allow the use of
accrued paid leave balances including vacation, holiday, and compensatory leave to
supplement the difference between military pay and gross wages less car allowance and
expense allowance once all military leave is utilized and;
WHEREAS, the City of Lubbock deems it appropriate, in the public interest,
and in the best interest of the City to grant "Supplemental Pay" to all full-time
employees called to active duty in an amount necessary to ensure no loss in wages
between military pay and the employee's gross wages less car allowance and expense
allowance after the date the full-time employee exhausts all vacation, holiday and
compensatory time as hereafter provided and;
WHEREAS, the City Council of the City of Lubbock adopted Resolution 2002-
R0472 on October 24, 2002, as amended by 2003-RO338 on August 28, 2003, and
further amended by Resolution 2004-RO415 on August 26, 2004, authorizing and
directing the city manager to grant military leave and to pay supplemental pay in an
amount necessary to ensure no loss in wages between military pay and employee's
gross wages less car allowance and expense allowance to all full-time employees who
are called to active duty to serve our country and authorizing the use of accrued leave
balances after all military leave is used and;
WHEREAS, Resolution 2003-RO338 expires on September 30, 2004 and;
WHEREAS, the City Council of the City of Lubbock deems it appropriate and
in the best interest of the City to amend Resolution 2002-RO472 as amended by
Resolution 003-R0338, so as to extend the expiration date to September 30, 2005.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
SECTION 1. Resolution 2002-RO472 as amended by Resolution 03-RO338
adopted on August 28, 2003, and Resolution 2004-RO415 adopted on August 26, 2004,
is hereby further amended so as to expire on September 30, 2006, and is further hereby
amended to read as follows.
SECTION 2. That the City of Lubbock hereby directs the City Manager to
grant paid military leave in an amount necessary to ensure no loss in wages between
military pay and gross wages less car allowance and expense allowance to all full-time
employees who are called to active duty to serve our country.
SECTION 3. That the City of Lubbock hereby authorizes the use of accrued
leave balances, including vacation, holiday and compensatory time, to supplement
military pay once all military leave is utilized.
SECTION 4. That the City of Lubbock further hereby directs the City Manager
to grant Supplemental Pay without accrual of vacation or sick leave to all full-time
employees called to active duty, in an amount necessary to ensure no loss in wages
between military pay and the employee's gross wages less car allowance and expense
allowance from the: date the full-time employee exhausts all vacation, holiday, and
compensatory time as provided in Section 3 hereof. Supplemental Pay for full-time
employees who are called to active duty to serve our country shall be reviewed, on an
annual basis, during the City's budget process The Supplemental pay provided for in
this Resolution shall expire on September 30, 2006.
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SECTION 5. Notwithstanding the foregoing, no employee or officer of the
City will be paid a sum in excess of $25,000 per annum, in the event they are called to
active duty in the United States Armed Forces or the State National Guard.
SECTION 6. That the City of Lubbock hereby authorizes this resolution to take
effect immediately for and after its passage.
Passed by the City Council this 26th day of August, 2004.
/S/ �LARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Scott Snider
Scott Snider, Interim Director of Human Resources
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
This item was moved from consent agenda to regular agenda and was
considered following Item 21.
Resolution No. 2002-RO472 was passed by the City Council on October
24, 2002. This resolution authorizes paying full-time employees who are
called to active military duty an amount necessary to ensure no loss in
wages between military pay and the employee's gross wages. Gross
wages are less car allowance, expense allowance, and the use of accrued
leave balances after all military leave is used. Resolution 2002-RO472
was extended by Resolution 2003-RO338 on August 28, 2003 to
September 30, 2004. Seven employees have received supplemental pay.
The fiscal impact from 2002 to July 2004 is approximately $82,471.
Currently three employees are on active duty and one other employee has
been called to report in October. Two of the four employees will not be
receiving supplemental pay because their military salary is greater than
their City salary.
FISCAL IMPACT:
Actual impact is unknown - approximately $22,000 for the current
participant. Salary confirmation has not been received for the employee
reporting in October 2004.
Staff recommended continuation of this policy. Under the Texas
Constitution, the Council must determine that amending this Resolution is
a public purpose.
Scott Snider, Director of Human Resources, stated that seven employees
have been provided supplemental pay. Some are now serving on a second
tour. Mr. Snider stated Lubbock was one of the first cities in the State of
Texas to do this, and others are following our lead.
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Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO415 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor Pro Tem Martin was away from the dais.
The next item considered was Item 26.
Items 24-25 were considered following Item 22.
(24.) Resolution No. 2004-RO406 authorizing the Mayor to execute
Contract Change No. 05 to a contract with the Texas Department of
Health (TDH Document No. 7560005906 2005) for OPHP-Local
Public. Health System improvements, and any associated documents,
by and between the City of Lubbock and the Texas Department of
Health (Health Department).
RESOLUTION NO.2004-RO406
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 Change No. 05 to a Contract
with the Texas Department of Health (TDH Document No. 7560005906 2005) for
OPHP- Local Public Health System improvements and any associated documents by and
between the City of Lubbock and the Texas Department of Health, a copy of which
Contract Change No. 05 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 tie a part hereof as if fully copied herein in detail.
Passed by the City Council this 26th 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 Change No. 05 is filed with Resolution No. 2004-R0406.
Of ice of Public Health Practice (OPHP)/Local Public Health System
(LPHS) (attachment 05). $188,554 total. No change from last year.
Contract period begins 09/01 /04 and ends 08/31 /05.
Contract change 05 amends the initial FY05 contract approved by Council
on January 8, 2004 and further amended on August 16, 2004. This FY05
annual contract with the Department of State Health Services (formerly
Texas Department of Health), DSHS Document No. 7560005906 2005,
provides financial assistance to improve or strengthen local public health
infrastructure by developing objectives to address public health issues and
utilize resources provided through this contract to conduct activities and
services that provide or support the delivery of essential public health
services. Programs will also assess, monitor, and evaluate the essential
public health services, and develop strategies to improve the delivery of
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August 26, 2004
essential public health services to identified service areas. Attachment 05
being considered for approval totals $118,554.
This attachment supports comprehensive public health services that are
consistent with the Health Department Mission Statement. This
attachment supports developing a functional and effective public health
system with the specific goal of improving public health capacity to
respond to both emerging and continuing public health threats. Grant
objectives include Sexually Transmitted Disease treatment and education,
working with child-care agencies and schools on proper hand washing
procedures, cancer awareness education, and blood pressure screenings.
The Sexually Transmitted Disease Program is designed to stop the spread
of disease by tracking down the partners of those diagnosed with sexually
transmitted diseases and either treating them or referring them to another
clinic or physician.
The $118,554 in financial assistance provides salaries and fringe benefits
for four City employees. Of the four employees, two work in the STD
program (currently one vacancy), one works in the laboratory, one in
Health Education.
FISCAL IMPACT
Office of Public Health Practice OPHP Chan e 05/Attachment 05).
$118,554 total. No change from last year. Total salary and benefits for
the 4 positions totals $172,961 resulting in a general fund contribution to
grants amount of $54,406 when all positions are filled. One position is
currently vacant and, if frozen, results in a general fund contribution to
grants of $9,978.
Total Contract (attachment 05) Value: $118,554
These programs fulfill the Core Missions of Public Health —those of
Laboratory, Prevention, and Health Education. 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.
(25.) Resolution No. 2004-RO407 authorizing the Mayor to execute
Contract Change No. 08 to a contract with the Texas Department of
Health (TDH Document No. 7560005906 2004) for
OPHP-Bioterrorism Preparedness improvements, and any associated
documents, by and between the City of Lubbock and the Texas
Department of Health (Health Department).
RESOLUTION NO.2004-RO407
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 Change No. 05 to a Contract
with the Texas Department of Health (TDH Document No. 7560005906 2004) for
OPHP-Bioterrorism Preparedness improvements and any associated documents by and
between the City of Lubbock and the Texas Department of Health, a copy of which
Contract Change No. 08 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 26th day of August, 2004.
/S/ MARC MCDOU, AL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
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Regular City Council. Meeting
August 26, 2004
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 Change No. 08 is filed with Resolution No. 2004-R0407.
This Texas Department of Health (TDH) contract change does not
represent additional funding, but is a time extension for existing funding.
The original contract was approved on July 24, 2003 and amended August
16, 2004. The term of this contract attachment covers September 1, 2003
thru August 31, 2005.
Currently the TDH Office of Public Health Practice (OPHP) has two
grants available for bioterrorism response. One grant is specific for
Laboratory Bioterrorism Response, one for general City/County
Bioterrorism Response. The City of Lubbock Health Department receives
funding from both of these grants. The '04 Laboratory Bioterrorism
Response grant is for $993,655. Of this, $818,000 is allocated for the
BSL3 laboratory renovation project. It has been determined that staff will
be able to spend down $673,000 of the $818,000 allocation for the BSL3
laboratory by August 31, 2004 and that staff would need to roll over
$145,000 ($673,000+$145,000 = $818,000) for completion of the project.
This amendment does not represent additional funding, but is a time
extension for existing funding and reallocation of this funding to the
City/County Bioterrorism Response grant.
The $145,000 rollover is being added to the FY04 City/County
Bioterrorism Response grant, increasing the current approved level of
$400,890 for a new total of $545,890.
Under this contract the Lubbock Health Department is required to expend
the original $400,890 by 08/31/04 and all purchases applied to this
original grant amount must be made by this date.
The Lubbock Health Department will ensure that the rollover funds in the
amount of $145,000 are reserved and expended solely for the renovations
as approved by the Texas Department of Health. For the period 9/l/04
through 8/31/05, the Lubbock Health Department shall notify the Texas
Department of Health, in writing, of completion of renovations. All
renovations shall support the development of the capability and capacity to
conduct rapid and accurate diagnostic and reference testing for select
biologic agents likely to be used in a terrorist attack in accordance with the
objectives of Focus Area C Laboratory Capacity — Biologics Agent. The
BSL3 lab construction phase is projected to be completed October 2004.
Starting with the '05 grant cycle, TDH OPHP is doing away with the
specific grant for Lab Bioterrorism Response. Funds allocated to the lab
bioterrorism grants are being put into the City/County Bioterrorism
Response grants (lab bioterrorism response funding is still available, but
not as a separate grant).
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 towards 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.
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Regular City Council Meeting
August 26, 2004
Essential public health services, or the lack of it, have the potential to
affect every single person in Lubbock and Texas.
FISCAL IMPACT:
This amendment does not represent additional grant funding, but is a time
extension for existing funding. No additional City general funds are being
requested.
This program fulfills the Core Mission of Public Health as it relates to
essential public health services targeting laboratory services, 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.
The next items considered were Items 27-32.
(26.) Resolution No. 2004-RO416 approving recommendations from the
Lubbock Arts Alliance, Inc., for the first of two grant periods for
2004/2005 (Buddy Holly Center).
RESOLUTION NO.2004=R0416
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
approves on behalf of the City of Lubbock the Lubbock Arts Alliance, Inc., to award all
of the first period grants for 2005-06 recommended by the Lubbock Arts Alliance Grants
Review Committee. The letter from the Lubbock Arts Alliance requesting approval of
the first period grants 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 8th day of September, 2005.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
i / it .7.]Chavez
/ J/ 1 redd_. Chavez
Freddy Chavez, Civic Center Director
APPROVED AS TO FORM:
/s/ Linda L. ChamaLes
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the letter is filed with Resolution No. 2005-R0416.
This item was moved from consent agenda to regular agenda and was
considered following Item 23.
On February 19, 2004 the Lubbock City Council approved an agreement
to pay the Lubbock Arts Alliance, Inc. $157,120. The agreement
stipulates that the funds are to be used in making grant awards to cultural
arts organizations for the encouragement, promotion, improvement, and
application of the arts and the promotion of tourism in the Lubbock
community. The funds represent 5.71429% of the hotel/motel tax
collected during the fiscal year ended September 30, 2003. In reviewing
requests and developing funding recommendations for each application,
the Grants Review Committee follows guidelines that were approved as
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Regular City Council Meeting
August 26, 2004
part of the February 19, 2004 agreement. The Grants Review Committee,
composed of appointments by City Council epreseand n submit atives o their
the
Lubbock Arts Alliance, evaluate applications
recommendations to the City Council for approval.
The Lubbock City Council is now asked to approve $70,704 in grant
awards for the second grant period for 2004/2005. Eighteen applications
were received on the June 1, 2004 deadline and seventeen are
recommended for full or partial
Lubbock funding. A listing
Arts Alliance therecommendations
Grants Review
and panel comments from t
Committee were provided in council backup.
FISCAL IMPACT:
$70,704 from the Hotel/Motel tax.
Lubbock Arts Alliance, Inc. recommended approval of the grants' award.
Elizabeth Regner, Executive Director, Lubbock Arts Alliance, Inc. gave
comments.
Motion was made by Council Member Jones, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO416 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor Pro Tern Martin was away from the dais.
The next item considered was Item 33.
Items 27-32 were considered following Item 25.
(27.) Resolution No. 2004-RO408 revising the size of the Keep Lubbock
Beautiful Advisory Committee (Community Development).
RESOLUTION NO.2004-RO408
WHEREAS, on March 22, 1990, the City Council of the City of Lubbock passed
Resolution No. 3334, authorizing the Keep Lubbock Beautiful Committee as an advisory
board of the City; and
WHEREAS, on October 23, 1997, the City Council amended the above -described
resolution; and
WHEREAS, on November 15, 2001, the City Council passed Resolution No.
2001-R0488, which amended the above described resolutions in the entirety; and
WHEREAS, the City Council desires to amend Resolution No. 2001-RO488 in
changing the number of members of the Keep Lubbock Beautiful Committee; and
WHEREAS; the City Council finds that amending the number of committee
members would better enable the Keep Lubbock Beautiful Committee to fulfill its
mission to enhance beautification within the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Keep Lubbock Beautiful Advisory Committee shall be composed of
eleven (11) members appointed by the City Council. All appointments shall be for two
(2) year terms.
Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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/s/ Nanc lane
Nancy Haney, Community Development Director
APPROVED AS TO FORM:
/s/ Amy L. Sims by John M. Knight
Amy L. Sims, Assistant City Attorney
Keep Lubbock Beautiful serves as an advisory committee to the City
Council. In its effort to move forward with its mission, they are requesting
reducing the number of the Board from 15 to 11.
Keep Lubbock Beautiful believes this change will assist them in their
efforts to meet the challenges of accomplishing the goals of the City and
the Board.
FISCAL IMPACT:
Not Applicable
Staff recommended approval of this resolution.
(28.) Resolution 2004-RO409 for a contract for Engineering Services for
Southwest Pump Station and Distribution System Design (Public
Works).
RESOLUTION NO.2004-RO409
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 Master Agreement
between Owner and Engineer for Professional Services, a Work Authorization Based
upon Master Agreement between Owner and Engineer for Professional Services, and all
work documents related thereto by and between the City of Lubbock, Texas and
Lockwood, Andrews & Newman, Inc., a Texas corporation, attached hereto, which shall
be spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 26th 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
Water Utilities
APPROVED AS TO FORM:
/s/ D Mitchell Satterwhite
D. Mitchell Satterwhite
Assistant City Attorney
A copy of the Master Agreement is filed with Resolution No. 2004-R0409.
The City of Lubbock received Statements of Qualifications from four
engineering firms earlier this year for engineering services to design a new
pump station and distribution system located in southwest Lubbock. A
selection review committee was established and it was recommended that
Lockwood, Andrews & Newman in association with Enprotech-Hibbs,
and Todd (EHT), be engaged to perform the engineering services.
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The purpose of this project is to design improvements necessary to
establish a third pressure zone in southwest Lubbock, design of a 14.0
million gallon a day pumping unit, design of a 5.0 million gallon a day
pumping unit, design of a 5 million gallon ground storage reservoir, and
design of the necessary distribution infrastructure to accommodate the
pump station.
The agreement establishes a three-part contract. Part I includes site
selection, distribution route studies, model update and preliminary
engineering design. Part II includes the final design and delivery of
drawings and specifications necessary for bidding. Part III includes the
construction and construction supervision phase. This contract includes a
master agreement along with Part I contract services.
Time for completion of Part I services is 165 consecutive calendar days.
FISCAL IMPACT:
The master agreement along with Part I services sets the cost not to exceed
$228,600.
A total amount of $6,340,000 was appropriated and $4,649,000 is
available in project number 9397 (South Lubbock Water Extension) for
this purpose.
The Public Works Department recommended the acceptance of the
contract agreement with Lockwood, Andrews and Newman teamed with
Enprotech-Hibbs, and Todd.
(29.) Resolution No. 2004-RO410 adopting a written definition and criteria
for accurately determining the safety record of a bidder (Purchasing).
RESOLUTION NO.2004-RO410
WHEREAS, the current process in which contractors are awarded bids to construct the
City's Capital Improvement Projects (CIP) is public advertisement of the project by the
City and subsequent award by the City Council of the City of Lubbock of the bid to the
lowest responsible bidder; and
WHEREAS, it would often be advantageous to the citizens of the City of Lubbock for
the City Council of the City of Lubbock to consider, among other numerous factors
now considered in determining responsibility of the bidder, the safety record of the
bidders ; and
WHEREAS, Texas Local Government Code §252.0435 expressly authorizes
municipalities to take into account the safety record of the bidder in determining the
responsibility of the bidders provided that:
(1) the governing body has adopted a written definition and criteria for accurately
determining the safety record of a bidder;
(2) the governing body has given notice to prospective bidders in the bid
specifications that the safety record of a bidder may be considered in
determining the responsibility of the bidder; and
(3) the determinations are not arbitrary and capricious; and
WHEREAS, by considering the safety record of the bidders, the City of Lubbock
contemplates attracting the most responsible, qualified and competent contractors and
minimizing problems related to safety issues. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock hereby adopts the written definition and criteria for
accurately determining the safety record of a bidder to City of Lubbock's invitations to bid,
as set forth below:
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I. The City of Lubbock shall consider the safety record of the bidders in
determining the responsibility thereof. The City may consider any
incidence involving worker safety or safety of the citizens, be it related or
caused by environmental condition, mechanical condition or operation,
supervision issues or any other cause or factor. Specifically, the City may
consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and
Health Review Commission (OSHRC), against the bidder for
violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection
Agency (as defined below) for violations within the past five (5)
years. Environmental Protection Agencies include, but are not
necessarily limited to, the U.S. Army Corps of Engineers (USACOE),
the U.S. Fish and Wildlife Service (USFWS), the Environmental
Protection Agency (EPA), the Texas Commission on Environmental
Quality (TCEQ), the Texas Natural Resource Conservation
Commission (TNRCC) (predecessor to the TCEQ), the Texas
Department of Health (TDH), the Texas Parks and Wildlife
Department (TPWD), the Structural Pest Control Board (SPCB),
agencies of local governments responsible for enforcing
environmental protection or worker safety related laws or regulations,
and similar regulatory agencies of Texas or other cities or states of the
United States. Citations include notices of violation, notices of
enforcement, suspension/revocations of state or federal licenses or
registrations, fines assessed, pending criminal complaints, indictments
or convictions, administrative orders, draft orders, final orders, and
judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which
resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be
material in determining the responsibility of the bidder and his or her
ability to perform the services or provision of goods required by the
bid documents in a safe environment, both for the workers and other
employees of bidder and the citizens of the City of Lubbock.
Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Ki',man
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
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City staff has been looking for ways to streamline the process in which
contractors are chosen to construct the City's Capital Improvement
Projects (CIP). The current method, which has been the only one
available to City's and most government agencies, was to publicly
advertise the project and wait for the lowest bid to be submitted, which
then the City was obligated to use unless mitigating circumstances proved
otherwise. Although this system works fairly well, there are times when
the City has had less than favorable results from the lowest bidder which
usually would equate to delayed projects, change orders and the like.
Texas Local Government Code §252.0435 expressly authorizes
municipalities to take into account the safety record of the bidder in
determining who is a responsible bidder provided that:
(1) the governing body has adopted a written definition and criteria for
accurately determining the safety record of a bidder;
(2) the governing body has given notice to prospective bidders in the bid
specifications that the safety record of a bidder may be considered in
determining the responsibility of the bidder; and
(3) the determinations are not arbitrary and capricious.
With the ability to take into account the safety record of the bidder in
determining who is a responsible bidder, the City should be able to attract
the most qualified and competent contractors and should minimize the
problems typically associated with having to select the lowest bidder.
FISCAL IMPACT:
None.
Staff recommended approval of this resolution.
(30.) Resolution No. 2004-R0411/RFP #108-04-RW - for Option 11C
Telecom Equipment (Telecommunications).
RESOLUTION NO.2004=R0411
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
RFP #108-04/RW for Option 11C Telecom Equipment, by and between the City of
Lubbock and SBC of Lubbock, Texas, and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGJAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-RO411.
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This project involves the purchase of an Option 11 C Phone Switch for the
Fire Administration Building and is associated with the
Telecommunications Infrastructure Five -Year Plan. The selection
committee ranked the respondents to the RFP as follows:
SBC Global Services, Inc. of Lubbock, Texas 90.25
NextiraOne LLC of Houston, Texas 83.75
Affiliated Telephone, Inc. of Plano, Texas 79.75
Source, Inc. of Dallas, Texas Non -Responsive
Proposals were ranked using the following evaluation criteria:
Quality of references received from business users of a like system and
financial information provided by the Vendor (20%)
System Functionality (50%)
Overall costs of system (30%)
Two respondents ranked over 80 in the evaluation. However SBC of
Lubbock, Texas ranked the highest in all categories.
The Fire Administration Building located at 1515 Ursuline currently has a
Norstar Phone Switch. An Option 11 C switch will be installed to make
this location more compatible with the other larger City facilities. The Fire
Administration Building also serves as the backup Emergency Operations
Center and an Option 11 C switch directly off the Meridian 81 C is
preferable at this point.
Ten local businesses were notified of this Request for Proposal.
FISCAL IMPACT:
A total of $65,000 was appropriated with $64,185 available in Project
9223 (Telephone Services Communications Equipment) for this purpose.
The line item will be used to fund both the Option 11 C for the Fire
Administration and the Option 11 C Mini for the Water Treatment Plant. A
total of $21,000 was appropriated with $21,000 available in Project 90072
(IT Infrastructure Replacement Project) for the Water Reclamation Option
11 C Mini.
Staff recommended bid award to SBC of Lubbock, Texas for $43,074.26.
(31.) Resolution No. 2004-R0412/ITB #085-04-BM - for Methane Gas Wells
(Public Works).
RESOLUTION NO.2004-RO412
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract to install two
methane gas wells, by and between the City of Lubbock and Peterson Drilling and
Testing, Inc. of Amarillo, Texas, and related documents. Said Contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 26th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0412.
This project involves the installation of two methane gas probe wells at
Municipal Solid Waste Permit #69 Landfill located at 8425 North Avenue
P. Methane gas is a byproduct of the decomposition of municipal solid
waste. Methane gas is explosive between 5 and 15% by volume. Hence,
the Texas Commission on Environmental Quality (TCEQ) requires all
landfill owner/operators to construct probes to monitor for methane gas at
their landfill permit boundary. All facilities are required to notify TCEQ
when methane concentrations equal or exceed 5% in any probe. If
methane is found within any probe at or above 5%, the site is required to
develop a plan to mitigate methane migration.
The landfill located at 8425 North Avenue P has been in existence since
the early 1970s. Most of the cells for waste disposal at this site were
constructed prior to the passage of the Resource Conservation Recovery
Act (RCRA), which set standards for the construction of landfills.
Consequently, most of the cells at this facility were constructed with soil
liners. Soil liners allow methane to migrate, whereas liners constructed
with high -density polyethylene, or other plastic materials as required by
RCRA, are supposed to prevent the migration of methane if constructed
properly. Staff at the landfill has detected methane at concentrations equal
to or above 5% in gas monitoring probes since the early 1990s. Several
attempts have been made to mitigate methane migration at the site starting
with passive venting trenches to the current blower/flare system composed
of approximately 175 wellheads that collect the methane under vacuum
and burns it at the flare.
The current gas collection system, along with an attentive staff, has
mitigated the migration of methane under most conditions. However,
occasional meteorological conditions result in methane concentrations that
equal or exceed 5% in gas monitoring probes #1 and #2 located along the
north side of the landfill. The locations of these probes make our points of
compliance for methane migration approximately 30 to 45 feet from the
edge of the cells. This short distance makes it very difficult to maintain
TCEQ compliance. However, these probes are not located at the landfill
permitted boundary. Thus, methane is being detected at our point of
compliance. However, methane may not be migrating past the landfill
permit boundary. Therefore, the City of Lubbock Solid Waste Department
would like to locate these two probes to the actual municipal solid waste
permit boundary. This permitted boundary is the middle of Keuka Avenue
and will create an additional 50 to 75 feet of distance between the edge of
the cells and the City's point of compliance. In addition, it will allow staff
to determine if methane was truly migrating off site.
Eighteen local contractors were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $30,000 was appropriated with $30,000 available in Project
5515 (Production) for this purpose.
Staff recommended bid award to Peterson Drilling and Testing, Inc. of
Amarillo, Texas for $30,000.
(32.) Resolution No. 2004-R0413/RFP #109-04-RW - for Option 11C Mini
Telecom Equipment (Telecommunications).
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RESOLUTION NO.2004-RO413
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
RFP #109-04/RW for Option 11 C Mini Telecom Equipment, by and between the City of
Lubbock and SBC of Lubbock, Texas, and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 26th 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/ John M. Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-R0413.
This project involves the purchase of Option 11 C Mini Phone Switches for
the Water Treatment and Water Reclamation Buildings and is associated
with the Telecommunications Infrastructure Five -Year Plan. The
selection committee ranked the respondents to the RFP as follows:
SBC Global Services, Inc. of Lubbock, Texas 90.10
ExtiraOne LLC of Houston, Texas 84.50
Affiliated Telephone, Inc. of Plano, Texas 77.25
Proposals were ranked using the following evaluation criteria:
Quality of references received from business users of a like system and
financial information provided by the Vendor (20%)
System Functionality (50%)
Overall costs of system (30%)
Two respondents ranked over 80 in the evaluation. However SBC of
Lubbock, Texas ranked the highest in all categories.
Option 11 C Mini Phone Switches improves compatibility with the existing
infrastructure at the Municipal Square Building and other facilities.
Ten local businesses were notified of this Request for Proposal.
FISCAL IMPACT:
A total of $65,000 was appropriated with $64,185 available in Project
9223 (Telephone Services Communications Equipment) for this purpose.
The line item will be used to fund both the Option 11 C for the Fire
Administration and the Option 11C Mini for the Water Treatment Plant. A
total of $21,000 was appropriated with $21,000 available in Project 90072
(IT Infrastructure Replacement Project) for the Water Reclamation Option
11 C Mini.
Staff recommended bid award to SBC of Lubbock, Texas for $30,215.75.
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The next items considered were Items 12-13.
ORDINANCES FOR PASSAGE
Second Reading
(33.) Ordinance No. 2003-00097 - ZONE CASE NO. 1193-D (4002 North
I-27): Request of Shawn Fuller for D & S Mobile Home Center, Inc.
for a zoning change from R-1 to IHC Specific Use and IHI Specific
Use for manufactured home sales, storage, and remanufacturing on
Block. 5, Edsall Acres Addition (second and final reading).
ORDINANCE NO.2003-00097
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1193-D; A ZONING CHANGE FROM R-1 TO IHC
SPECIFIC USE AND IHI SPECIFIC USE FOR MANUFACTURED HOME SALES,
STORAGE, AND REMANUFACTURING ON BLOCK 5, EDSALL ACRES
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This item was considered following Item 26.
Staff comments from the Council hearing in August of 2003 were repeated
below. As reported by memo to the Council several weeks ago, the case
was approved as a first reading, with a delay of second reading for one
year, to allow Mr. Fuller to prove up the required improvements. The
following list of conditions was approved and is subject to review in this
second reading. Staff had digital photos of the site during the hearing (if a
Council member visits the Airport, a drive by the site just south of Regis
on the east —northbound service road would be of benefit).
ORDINANCE CONDITIONS:
1. Tied to the proposed site plan including the sales lot and refurbishment
lot on the north half of the parcel, and the west third of the south lot as
a sales lot. DONE
2. The east two-thirds of the south lot shall remain vacant until it is
covered with crushed gravel or asphalt and a six foot screening fence
is installed adjacent to Ash Avenue. Until that time, access to the
parcel from Ash Avenue shall be permitted. UP FOR DISCUSSION
3. The drive and sales lot areas shall be covered with a #2 grade rock or
crushed asphalt at a minimum rate of one cubic yard per sixty square
yards of land area. DONE
4. The west twenty-five feet of both lots (adjacent to I-27), with the
exception of the driveway, shall be landscaped and clearly delineated.
Landscape (turf and bushes or trees) shall be watered regularly and
maintained. UP FOR DISCUSSION
5. Only units needing refurbishment shall be allowed in the storage
compound. No destroyed or burned out units will be stored. DONE
6. The six-foot screening fence of the refurbishment compound with a
gate on Ash Avenue shall be properly maintained. DONE
Back-up comments from the August 2003 first reading:
The request is for Specific Use zoning in the Interstate Commercial and
Interstate Industrial districts that will provide for a manufactured home
sales lot and a storage area for units that require refurbishment. The zone
case is the fourth in a series of cases that have been frustrating for Mr.
Fuller, the staff, the Planning Commission and the City Council. The last
zone case for the business was denied at the City Council level. Since that
time, a vacate order was issued and Mr. Fuller engaged an attorney to
represent his interests. This request is the result of a number of meetings
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Regular City Council Meeting
August 26, 2004
between Mr. Fuller, the City Legal Department, the Planning staff and the
City Council.
Mr. Fuller's representative presented a site plan and staff proposed a list of
conditions for approval and recommendation to the City Council by the
Commission. Several items had been accomplished prior to the date the
last request was denied.
• The screening fence of the refurbishment area (the IHI portion of the
case) has been completed, including a gate on Ash Avenue.
• A twenty-five foot landscape area delineated by a railroad tie barrier
on the front of the north parcel. The area has been seeded and several
small trees planted. The south portion of the landscape area had not
been completed as of August 6.
The proposed landscape on the front is about 3% of the parcel. IHC
requests 10% adjacent to I-27. Since the lots are so deep and 10% would
be an unusual total square footage area, staff is in agreement with the
request of Mr. Fuller to have the only the twenty-five foot landscape area.
Staff is adamant that the area needs to be tended in a better manner than in
the past and watered regularly to increase the amount of turf.
• A significant amount of rubbish and dead plant material was removed
from the site.
• Units in the refurbishment area that are burned out or unusable have
been removed. The remaining units are lined up in an orderly fashion
inside the compound.
• The drive from the service road to the paved parking pad and the
display area are crushed material versus asphalt or concrete as
normally required by the Code. Because of the length of the drive, the
staff is not uncomfortable recommending crushed material as a
substitute for paving.
Prior to the Council hearing the last time, with the expansion of the facility
to the west one-third of the south lot, the area designated "sales lot" was to
be covered with crushed asphalt or rock (#2 grade) at a rate of one cubic
yard per sixty square yards of display area. As of August 6 (2003), the
main lot is graveled, some of the area on the south lot does not appear to
be fully graveled.
A new drive has been bladed from Ash Avenue. When that portion of the
lot goes into active use a screening fence will be required on Ash Avenue.
The drive is acting as a back way into the facility. When customers miss
the service road entrance, they are going east on Purdue then south on Ash
Avenue to enter the lot. With the land to the east of Ash Avenue
undeveloped at this time, staff is in agreement to allow the drive until the
east two thirds of the lot are made an active part of the business.
The Planning Commission discussed the previous failure by Mr. Fuller to
complete the requirements outlined in the former zone cases. The
Commission reiterated that the favorable recommendation of the case to
the Council includes all of the items being up to par by the time the
Council hears the case.
The Planning Commission recommended approval of the request, subject
to the following conditions:
• Tied to the proposed site plan including the sales lot and refurbishment
lot on the north half of the parcel, and the west third of the south lot as
a sales lot.
• The east two thirds of the south lot shall remain vacant until it is
covered with crushed gravel or asphalt and a six-foot screening fence
is installed adjacent to Ash Avenue. Until that time, access to the
parcel from Ash Avenue shall be permitted.
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Regular City Council Meeting
August 26, 2004
• The drive and sales lot areas shall be covered with a #2 grade rock or
crushed asphalt at a minimum rate of one cubic yard per sixty square
yards of land area.
• The west twenty-five feet of both lots (adjacent to I-27), with the
exception of the driveway, shall be landscaped and clearly delineated.
Landscape (turf and bushes or trees) shall be watered regularly and
maintained).
• Only units needing refurbishment shall be allowed in the storage
compound. No destroyed or burned out units will be stored.
• The six-foot screening fence of the refurbishment compound with a
gate on Ash Avenue shall be properly maintained.
FISCAL IMPACT:
Not Applicable.
Staff provided photos of the parcel to Council. Based on performance by
Mr. Fuller, if he was in compliance with the conditions outlined by the
Planning Commission, staff recommended approval of the request. If he
was not, staff recommended denial of the request.
Randy Henson, Senior Planner, gave comments.
Council Member Gilbreath stated that he thought Mr. Fuller had made
promises and broken many of them. He asked Mr. Henson the following
question: "As the Senior Planner, would you say that he is or is not in
compliance with all that he has been asked to do?"
Mr. Henson stated: "I think that on all but No. 2, I would give him a `C
minus` considering his history on this project. The evidence we found this
week of that south lot being used for more than it is supposed to be is
irrefutable. That one item, he's in default on today." Mr. Henson stated
that approximately three to four times, Mr. Fuller has failed to meet the
criteria on zone cases."
Council Member Boren stated Mr. Fuller was in compliance with
two-thirds of the requirements and he hates to put a business "out of
business." He asked Mr. Henson if there have not been houses out of
compliance for 10-15 years. Mr. Henson stated that a Mr. Bagwell's
house had been an enforcement issue for years; however, it was not a zone
issue.
Council Member Boren asked Mr. Henson: "Do you believe it is time to
deny this or is he in enough compliance to continue on as he is going?"
Mr. Henson stated he was there the day before and that Mr. Fuller starts
with items, but he does not continue with them.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Price to deny the second and final reading of Ordinance No.
2003-00097. Motion carried: 6 Yeas, 1 Nay. Council Member Boren
voted Nay.
The next items considered were Item 42-56.
PUBLIC HEARINGS
11:28 A. M. Zoning
(34.) Ordinance No. 2004-00098 - ZONE CASE NO. 2255-0 (5802 and
5806 641h Street): Hold a public hearing to consider request of
Rodney Warren for a zoning change from GO & GO Specific Use to
C-4 Specific Use for a drive-thru restaurant, on Lot 4, Spur 327
Business Park Addition first reading).
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Regular City Council Meeting
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ORDINANCE NO. 2004-00098
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2255-0; A ZONING CHANGE FROM GO AND GO
SPECIFIC USE TO C-4 SPECIFIC USE FOR A DRIVE-THRU RESTAURANT ON
LOT 4, SPUR 327, BUSINESS PARK ADDITION, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
This item was considered following Item 41.
Mayor McDougal opened the public hearing at 11:28 a. m. Rodney
Warren and Chris Wilson, both of Sonic and Don L. Harris, Harris
Appraisal Company, Inc. appeared on behalf of Rodney Warren (Sonic).
Cheryl Anderson, representing several neighbors, showed a video of
Dennis Anderson, Keith Whitworth, Mr. and Mrs. David Sheppard, who
spoke in opposition. Both sides addressed the issues of noise, trash,
traffic, child endangerment and lower property values. Mayor McDougal
closed the hearing at 12:37 p. in.
The request would accommodate a drive-thru restaurant (Sonic). After the
Planning Commission public hearings two months ago, at which there was
no stated opposition, a number of residents east of Frankford gathered to
express opposition at the City Council public hearing on June 29, 2004.
After discussion, the City Council determined their desire to have the
Planning Commission reconsider the request with benefit of the views of
the adjacent residents. Staff processed, posted and advertised the case as a
new request to avoid any procedural issues.
Primarily the same citizens that spoke at the Planning Commission
meeting appeared before the City Council during the first series of
hearings. The same basic objections were stated by the neighbors. The
Sonic management team has a presentation that attempts to dispel the
objections.
The applicant has requested a number of locations in various parts of
Lubbock over the past few years and continues to indicate a concern that
his style of service for fast food is required to be in a C-4 District, while
all of his fast food competitors with inside service can locate in any
commercial district. But, until or unless the Code is changed, drive-in
restaurants will require C-4 zoning. It was noted in the hearing before the
City Council, that Mr. Warren has not allowed many of the issues
formerly associated with drive-in facilities to occur at Sonic.
Adjacent land use:
N — commercial
S — commercial
E — residential
W — commercial
As background information, when the area to the west of Frankford
Avenue between 65th and the Spur was zoned C-4 to help create a heavy
commercial area in southwest Lubbock, a strip along Frankford Avenue
was zoned Garden Office between the south edge of the Dodge dealership
and 641h Street. The Garden Office strip was an attempt to buffer the
existing residential development to the east. Two of the three GO parcels
have been rezoned since that time — one as C-2 for a small strip center
next to this parcel and one as C-4 limited to one use (used vehicle sales)
further north. As noted by one adjacent property owner, Mr. Warren did
have a request denied for a Sonic on the parcel north of 63`d Street and
west of Frankford Avenue several years ago. The residential property
owners adjacent to that site were vocal in their opposition. This parcel is
the last of the Garden Office zoning with the exception of a small office
tract immediately south of the Dodge dealership.
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The request is submitted as C-4 with a Specific Use Permit to
accommodate construction of a canopy structure within the front yard on
the 641h Street side. Since the structures are a top only, and adjacent only
to the "off' street, there should be no detriment to line of sight along 64th
Street or Frankford Avenue. The site plan proposes only one curb return
on Frankford Avenue, which will benefit congestion control. The
proposed use should not dramatically affect the overall thoroughfare
system.
A primary objection of the residents to the east of Frankford Avenue is
that a drive-in restaurant will attract more, and often younger, patrons than
many other types of commercial enterprises. In addition, the fear of the
residents on 64th Street is that patrons will leave via the proposed curb
return on Frankford Avenue and cut down 64`h Street to the east, causing
increased traffic and speeding. Discussion among a number of staff
indicates a lack of agreement with this premise.
Traffic has increased dramatically on Frankford Avenue during the last
few years, and will continue to increase as new development is completed
to the south and on the Spur and Loop. The bulk of traffic issues for the
neighborhood are from this general increase.
A 24-hour count of vehicles (June 29, 2004) per day north of 66th Street
on Frankford Avenue is 27,781. The most probable increase of traffic on
641h Street is drivers avoiding the light at 66th Street — turning east on 64th
Street to get back to 66th Street at Elkhart Avenue (the closest N/S street to
the east that allows access to 661h Street). The number of patrons that
would brave five lanes of Frankford Avenue to get to 64th Street on the
east side should be minimal.
The residents have expressed an interest in closing 641h Street and
Frankford Avenue. That discussion can occur with the City Council, but
the cost of the reconstruction and the fact that the legitimate 64th Street
traffic would be displaced to 63`d Street, as a bother to those residents, has
not been fully discussed. Asking the applicant in this zone case to fund
the improvement is not appropriate.
Staff asked the Planning Commission to focus on the compatibility of the
land use in this particular location. On a split vote, the Commission
recommended the request to the City Council for approval.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission. The
approval is tied to the proposed site plan.
Randy Henson, Senior Planner, gave comments.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Boren to deny this item. Motion failed: 2 Yeas, 5 Nays. Mayor
McDougal and Council Members DeLeon, Gilbreath, Jones and Price
voted Nay.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2004-00098 as
recommended by staff. Motion carried: 5 Yeas, 2 Nays. Mayor Pro Tern
Martin and Council Member Boren voted Nay.
At this time, Mayor McDougal stated that Shawn Fuller was present
and had requested that Council reconsider Item 33. He stated it
would take a motion, first and second, and a majority vote to
reconsider. There was no motion.
The next item considered was Item 57.
Items 35-36 were the first items considered after reconvening at 10:32
A. M. and following Item 56.
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(35.) Ordinance No. 2004-00092 - ZONE CASE NO. 3000-A (2201-2223
Main Street south side): Hold a public hearing to consider request of
McDougal Construction for a zoning change from A-2 Specific Use to
A-3 Specific Use for four-story condominiums with reduced setbacks
and increased height on Lots 1-12, Block 71, Overton Addition first
reading).
ORDINANCE NO. 2004-00092
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3000-A; A ZONING CHANGE FROM A-2 SPECIFIC
USE TO A-3 SPECIFIC USE FOR FOUR-STORY CONDOMINUMS ON LOTS 1-12,
BLOCK 71, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Pro Tem Martin opened the public hearing at 10:33 a. m. Delbert
McDougal and David Miller appeared on behalf of McDougal
Construction. No one appeared in opposition. Mayor Pro Tern Martin
closed the hearing at 11:37 a. in.
The proposal would replace the site plan of a request approved by the City
Council several months ago. The presentation by the applicant amended
the original three-story project with a four-story format, which allows
access to Main Street and completely eliminates vehicular access to the
site from the alley between Broadway Avenue and Main Street.
Adjacent land uses:
N — apartments
S — commercial
E — vacant
W — vacant
The request is consistent with the land use proposal contained in the
Overton Park Public Improvements Site Design Guidelines, which
illustrates the area along Main Street as "mixed use". The residential
component is dominating redevelopment along Main Street.
The request is also consistent with the "new urbanism" context related to
zoning policy in the redevelopment area. The four-story loft construction
will front Main Street with no construction immediately adjacent to the
alley between Main Street and Broadway Avenue that caused concern for
the commercial owners on Broadway Avenue. A solid screening fence is
proposed on the north boundary along the alley. Traffic and access from
the alley was a big issue with the adjacent commercial owners on
Broadway Avenue during the last hearing.
The site plan indicates a curb cut on the west end from Avenue W to
access the parking lot, as well as a curb cut from Main Street.
In addition, density was an issue during the last meeting. The proposed
32-unit project represents an approximate density of one unit per 1,984
square feet of lot. As a comparison, town home (row housing) minimum
density is 1 /2,000 and garden home minimum density is 1 /2,800. The
single-family district standard is a 5,000 square foot minimum lot.
Fewer of the adjacent owners on Broadway Avenue spoke in opposition
during this hearing, but traffic congestion and the appearance of the units
from Broadway Avenue continue as a concern to several.
The Planning and Zoning Commission recommended approval of the
request with a condition:
1. Tied to site plan and building elevation # 3000A.
FISCAL IMPACT:
Not Applicable.
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Staff supported the request. Please note that the Planning Commission
recommended the case as A-3 Specific Use. The A-3 District is needed to
accommodate the four-story construction. As Specific Use, it will be tied
to the proposed site plan and building elevations.
Motion was made by Council Member Boren, seconded by Council
Member DeLeon to pass on first reading Ordinance No. 2004-00092 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
(36.) Ordnance No. 2004-00093 - ZONE CASE NO. 2603-A (2100 block
Main Street, north side between Avenues T & U): Hold a public
hearing to consider request of McDougal Construction for a zoning
change from R-2 and GO to A-3 Specific Use for four-story
condominiums with reduced setbacks and increased height on Lots
13-24, Block 40, Overton Addition first reading).
ORDINANCE NO. 2004-00093
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2603-A; A ZONING CHANGE FROM R-2 AND GO
TO A-3 SPECIFIC USE FOR FOUR-STORY CONDOMINUMS ON LOTS 13-24,
BLOCK 40, OV ERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE
AND PROVIDING :FOR PUBLICATION.
Mayor Pro Tern Martin opened the public hearing at 10:38 a. m. David
Miller appeared on behalf of McDougal Construction. No one appeared in
opposition. Mayor Pro Tern Martin closed the hearing at 10:39 a. M.
The proposal replicates the case discussed in Zone Case 3003A with the
exception that it is the full block face and on the north side of Main Street.
The presentation by the applicant amended the original three-story project
with a four- story format.
Adjacent land uses:
N — targeted as single family
S — vacant and residential
E — vacant, proposed as residential
W — vacant, proposed as town homes
The request is consistent with the land use proposal contained in the
Overton Park Public Improvements Site Design Guidelines, which
illustrates the area along Main as "mixed use". The residential component
is dominating redevelopment along Main Street.
The request is also consistent with the "new urbanism" context related to
zoning policy in the redevelopment area. The three-story loft construction
will front Main Street, with no construction immediately adjacent to the
alley between Main Street and 10`h Street. None of the units will access
parking with backing movements onto the alley. The alley is proposed for
access to the parking areas.
The Planning Commission recommended approval of the request with a
condition:
1. Tied to a site plan and building elevation # 2603A.
_ FISCAL IMPACT:
Not Applicable.
Staff supported the request. The recommendation by the Planning
Commission included the A-3 District to accommodate the four-story
construction. As Specific Use it will be tied to the proposed site plan and
building elevations.
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Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00093 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 40.
Items 37, 38, 39 and 41 were considered following Item 40.
(37.) Ordinance No. 2004-00094 - ZONE CASE NO. 1834-D (602 North
Englewood Avenue): Hold a public hearing to consider request of
Mark Dickson (for Indivisa Corp) for a zoning change from R-2 to
A-1 on Lot 246, Western Estates Addition first reading).
ORDINANCE NO. 2004-00094
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1834-D; A ZONING CHANGE FROM R-2 TO A-1
SPECIFIC USE FOR DUPLEX CONSTRUCTION ON LOT 246, WESTERN
ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:27 a. m. No one
appeared on behalf of Indivisa Corp. No one appeared in opposition.
Mayor McDougal closed the hearing at 11:28 a. m.
During several recent zone cases, one lot was left out of the conversion of
the area to A-1. The subdivision is being developed as duplex units.
Adjacent land uses:
N — A-1 for duplex construction
S — multifamily
E — A-1 zoning
W — A-1 zoning limited to duplex construction
The request is consistent with both Comprehensive Land Use Plan and
zoning policy. The request should not cause any impact on the
thoroughfare system.
Staff recommended the request with conditions:
1. Limited to duplex construction.
2. The front setback shall be a minimum of twenty feet and the side
setback shall be a minimum of five feet on the Erskine side.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Boren, seconded by Mayor Pro
Tern Martin to pass on first reading Ordinance No. 2004-00094 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(38.) Ordinance No. 2004-00095 - ZONE CASE NO. 2826-A (south of 85th
Street and west of Avenue P): Hold a public hearing to consider
request of Jon Cieszinski (for Carl Mortensen) for a zoning change
from T, R-2 and C-4 to R-1 Specific Use for 20-foot front setbacks,
five-foot front setbacks on cul-de-sac lots and 5-foot side setbacks on
corner lots on 48 acres of unplatted land out of Sections 9, Block E
first reading).
ORDINANCE NO. 2004-00095
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2826-A; A ZONING CHANGE FROM T, R-2 AND C-4
TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 48 ACRES OF
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UNPLATTED LAND OUT OF SECTIONS 9, BLOCK E, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:27 a. in. No one
appeared on behalf of Carl Mortensen. No one appeared in opposition.
Mayor McDougal closed the hearing at 11:28 a. m.
The proposal would allow a residential subdivision to have the new
"standard" for front and side setback.
Adjacent land use:
N -- vacant, zoned residential
S — residential estates
E —zoned M-1 and C-4
W — residential
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policy. The project will have no more than the anticipated effect
on the thoroughfare system.
The Planning Commission recommended the request with the following
conditions:
1. The front setback minimum for interior lots shall be twenty feet.
2. The front setback for cul-de-sac lots shall be a minimum of five
feet, except that any garage shall have a twenty -foot setback.
3. The side setback on corner lots shall be a minimum of five feet.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Boren, seconded by Mayor Pro
Tern Martin to pass on first reading Ordinance No. 2004-00095 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(39.) Ordinance No. 2004-00096 - ZONE CASE NO. 2995-A (west of Iola
Avenue and north of 791h Street): Hold a public hearing to consider
request of Burl W. Masters (for Bacon Crest Ltd.) for a zoning change
from R-2 to R-2 Specific Use for 15-foot front setbacks and 5-foot side
setbacks on corner lots on 6.0 acres of unplatted land out of Section 29
Block AK first reading).
ORDINANCE NO. 2004-00096
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-A; A ZONING CHANGE FROM R-2 TO R-2
SPECIFIC USE FOR REDUCED SETBACKS ON 6.0 ACRES OF UNPLATTED
LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:27 a. in. No one
appeared on behalf of Bacon Crest Ltd. No one appeared in opposition.
Mayor McDougal closed the hearing at 11:28 a. in.
The request will rezone an existing strip of duplex lots, using a Specific
use permit to allow for a 15-foot front setback and a five-foot setback on
the corner lots.
Adjacent land use:
N — vacant, zoned residential
S — zoned Garden office and commercial, partially vacant
E — residential
W — commercially zoned, vacant
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The applicant is requesting a condition requiring access from the alley
since a fifteen -foot front setback would not provide an adequate driveway.
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policies. The project will not have a negative effect on the
thoroughfare system.
The Planning Commission recommended the request with the following
conditions:
1. Front setback shall be a minimum of fifteen feet.
2. Side setback on corner lots shall be a minimum of five feet.
3. No curb cuts or driveways will be allowed in the front yards. --
4. Access to the units shall be from the back of the lot on a paved
alley.
5. The reduced setbacks shall not interfere with the 25-foot vision
triangle at intersecting streets.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Boren, seconded by Mayor Pro
Tem Martin to pass on first reading Ordinance No. 2004-00096 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 34.
(40.) Ordinance No. 2004-0 - ZONE CASE NO. 2882-A (south of 82"d
Street and east of Zadar Avenue): Hold a public hearing to consider
appeal of denial by the Planning Commission for the request of
Lamar Outdoor Advertising for a zoning change from IHC to M-1
Specific Use for a billboard company and a billboard on 2.796 acres
out of Section 26, Block AK (first reading).
This item was considered following Item 36.
This item failed.
Mayor Pro Tem. Martin opened the public hearing at 10:40 a. in. Shirley
Schleuse, General ManagerNice President of the Lubbock Division of
Lamar Outdoor Advertising appeared on behalf of Lamar Outdoor
Advertising. Jerry Bell, Jim Bertram, Mary Vines and Steve Hester
appeared in opposition. Mayor Pro Tern Martin closed the hearing at
11:08 a. m.
The property in question is zoned Interstate Commercial. The request is
submitted as M-1 Specific Use. M-1 (light industrial) is required for the
proposed billboard. In addition, "sign shop" is a permitted use in M-1, as
well as Interstate Industrial. The applicant is requesting to be tied to a site
plan and building elevation.
Adjacent land use:
N — commercial
S — commercial
E — commercial
W — commercial
The request is not consistent with the amendment to the Comprehensive
Land Use Plan as adopted for the ten square miles annexed in 1999.
Adoption of the amended Plan subsequent to annexation of the area
indicates commercial policy for the strips of land adjacent to 82°d Street
east of Alcove, not industrial. To achieve that objective, and to follow a
commitment made during the annexation, staff filed a zone case several
years ago to zone the tier of lots adjacent to 82°d Street in this vicinity on
both the north and south for Interstate Commercial. Further east, and to
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Regular City Council Meeting
August 26, 2004
the south of 82nd Street behind the IHC strip, the balance of a quarter
section of property that was already built primarily as industrial was zoned
Interstate Industrial, which also does not allow billboards.
The difficulty for Lamar in this location is that their company policy
requires that the office and shop location have a billboard on it — since the
poster represents their product and livelihood. Staff understands that this
company policy and zoning policy do not match.
When the Interstate Districts were devised in the late 80s, the greatest
single part of the discussion was the allowance or prohibition of
billboards. The decision by the City Council at that time, and fortified by
several Councils in the intervening years as discussion of billboards
occurred, is that the community is better served with regard to safety
(primarily) and aesthetics (secondarily) with the absence of billboards
along our freeways and major arterials. As noted in previous discussions
with this Commission, Lubbock has not taken the next step more than 100
communities have in Texas, and that is a total ban of new billboards. In
Lubbock, billboards continue as a permitted use in the C-4 and industrial
districts in Lubbock, subject to size and spacing requirements. Staff is
first to admit that there are few remaining prime locations.
Staff presented an option for the Commission if the decision would have
been to accommodate the request of Lamar Outdoor to construct a "sign
shop" commercial establishment without the billboard. Interstate
Industrial zoning would allow the sign shop and office with screened
storage in the back. The operation would not be inconsistent with many of
the adjacent uses that were in place prior to annexation. The decision
would be an amendment of the current Comprehensive Land Use Plan and
a motion would need to contain a statement to that fact. Staff did not
support the introduction of the proposed billboard.
After some discussion, the Planning Commission voted to deny the
request.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission
Randy Henson, Senior Planner, gave comments and answered questions
from the Council.
Motion was made by Council Member Jones to uphold Planning & Zoning
and approve the request. Motion died for lack of second.
Mayor Pro Tern Martin stated that this was located in his district, and he
would not vote for putting this billboard in his district.
Council Member Price stated his district had billboards and he truly felt
that if it is okay to put it in his district, we should be fair about what
location billboards would go.
Motion was made by Council Member Boren, seconded by Council
Member Price to overturn Planning & Zoning. Motion failed: 4 Yeas, 2
Nays.. Mayor Pro Tem Martin and Council Member Jones voted Nay.
Note: To overturn Planning & Zoning, six votes were needed.
Mayor McDougal recused himself.
The next items considered were Items 37, 38, 39 and 41.
(41.) Ordinance No. 2004-00097 - ZONE CASE NO. 2913-B (north of 82°d
Street and east of Avenue P): Hold a public hearing to consider
request of Chris White for a zone change from R-2 to GO on Lot 89,
Winniewood Addition first reading).
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Regular City Council Meeting
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ORDINANCE NO. 2004-00097
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2913-13; A ZONING CHANGE FROM R-2 TO GO
ZONING ON LOT 89, WINNIEWOOD ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:27 a. m. No one
appeared on behalf of Chris White. No one appeared in opposition.
Mayor McDougal closed the hearing at 11:28 a. m.
The proposal would rezone one corner lot at Garden Office at 82°d Street
and Avenue P.
Adjacent land use:
N — residential
S — commercial
E — duplex construction
W - commercially zoned, vacant
The request is consistent with the Comprehensive Land Use Plan, in that
the corner of Avenue P and 82°d Street is eligible for commercial by
policy. The original platting and the widening of 82°d Street caused the
shallow lots to the east on the north side of 82nd Street. They were zoned
as R-2 to buffer the residential to the north and to prevent strip
commercial along 82nd Street. As GO, the zoning district is considered a
buffer and should be compatible on the corner. As noted, the other three
corners are zoned commercial. The proposal should not have any effect
on the thoroughfare system.
The Planning Commission recommended the request with a condition:
1. The parcel shall be limited to one curb return on 82°d Street and one
curb return on Avenue P.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Boren, seconded by Mayor Pro
Tem Martin to pass on first reading Ordinance No. 2004-00097 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 34.
LAKE ALAN HENRY
Items 42-56 were considered following Item 33.
(42.) Resolution No. 2004-R -BID #116-04IRS—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.
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Regular City Council Meeting
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Staff recommended bid award to Pharr & Company of Lubbock, Texas for
$688,517.
Motion was made by Council Member Jones, seconded by Council
Member Price to pass Item 42 as recommended by staff.
Council Member Boren asked Council to delay voting positive on these
bids. He stated a meeting was held August 20eh with several of the entities
involved with the item and Council had until September 24th to make the
decision to see if the others were willing to cooperate.
Randy Truesdell, Director of Community Services, answered questions
from Council.
Mayor Pro Tern Martin stated that "We do have some people at Lake Alan
Henry who have blatantly violated our ordinances and our restrictive
easements, much like that zone case we just looked at, where you violate
the zoning ordinance. I don't mind delaying this to the next Council
meeting on the 161h to see if they are going to get into compliance.
Because that's what they need. They need to pull that stuff out of there
and get `right with the Lord' on this deal and then we can take a look at it
on the 161h "
Council Member Boren stated to City Attorney Burgess "For additional
record, we have had many meetings where we have told them in a public
setting, a public notice, they need to get in compliance, remove the cabana
of the. house on Lot 45 off the lake, and in North Ridge, they need to
remove the dock off the lake. So this should be served as public warning
and notice to them to remove those two violations immediately, because
we have a right to exercise our option when they don't."
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to continue this item until the September 16, 2004 City
Council meeting. Motion carried: 7 Yeas, 0 Nays.
(43.) 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 Jones, seconded by Council
Member Price to pass Item 43 as recommended by staff.
Council Member Boren asked Council to delay voting positive on these
bids. He stated a meeting was held August 20eh with several of the entities
involved with the item and Council had until September 24`h to make the
decision to see if they were willing to cooperate.
Randy Truesdell, Director of Community Services, answered questions
from Council.
Mayor Pro Tern Martin that "We do have some people at Lake Alan
Henry who have blatantly violated our ordinances and our restrictive
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Regular City Council Meeting
August 26, 2004
easements, much like that zone case we just looked at, where you violate
the zoning ordinance. I don't mind delaying this to the next Council
meeting on the 16ch to see if they are going to get into compliance.
Because that's what they need. They need to pull that stuff out of there
and get "right with the Lord" on this deal and then we can take a look at it
on the 161n
Council Member Boren stated to City Attorney Burgess "For additional
record, we have had many meetings where we have told them in a public
setting, a public notice, they need to get in compliance, remove the cabana
of the house on Lot 45 off the lake, and in North Ridge, they need to
remove the dock off the lake. So this should be served as public warning
and notice to them to remove those two violations immediately. Because
we have a right to exercise our option when they don't.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to continue this item until the September 16, 2004 City
Council meeting. Motion carried: 7 Yeas, 0 Nays.
(44.) Resolution No. 2004-R - BID #04-127/RS—for Sam Wahl Recreation
Area Comfort Station Packaged Water Treatment Plant.
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 Jones, seconded by Council
Member Price to pass Item 44 as recommended by staff.
Council Member Boren asked Council to delay voting positive on these
bids. He stated a meeting was held August 201h with several of the entities
involved with the item and Council had until September 241h to make the
decision to see if the others were willing to cooperate.
Randy Truesdell, Director of Community Services, answered questions
from Council.
Mayor Pro Tem Martin that "We do have some people at Lake Alan
Henry who have blatantly violated our ordinances and our restrictive
easements, much like that zone case we just looked at, where you violate
the zoning ordinance. I don't mind delaying this to the next Council
meeting on the 161h to see if they are going to get into compliance.
Because that's what they need. They need to pull that stuff out of there
and get "right with the Lord" on this deal and then we can take a look at it
on the 16ch
Council Member Boren stated to City Attorney Burgess "For additional
record, we have had many meetings where we have told them in a public
setting, a public notice, they need to get in compliance, remove the cabana
of the house on Lot 45 off the lake, and in North Ridge, they need to
remove the dock off the lake. So this should be served as public warning
Regular City Council Meeting
August 26, 2004
and notice to them to remove those two violations immediately. Because
we have a right to exercise our option when they don't.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to continue this item until the September 16, 2004 City
Council meeting. Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 46-56.
(45.) Consider extension of the contract for law enforcement services with
Garza County at Lake Alan Henry.
This item was deleted.
City Attorney Anita Burgess stated this item was not ready at this time.
Items 46-56 were considered following Item 44.
(46.) Resolution No. 2004-RO417 authorizing the Mayor to execute
Amendment No. 1 with Hugo Reed & Associates, Inc. for additional
engineering services related to paving improvements in the Overton
Park Addition.
RESOLUTION NO. 2004-RO417
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to the
Contract between the City of Lubbock and Hugo Reed and Associates, Inc. for
engineering services. Said Amendment No. 1 is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 26th 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, City Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of Amendment No. 1 is filed with Resolution No. 2004-R0417.
On December 11, 2003, the City Council approved a contract with Hugo
Reed & Associates, Inc. (HRA) for design services on paving and
parkway amenity improvements in Overton Park. The original contract
included portions of Glenna Goodacre Blvd, Avenue X and 6th Street.
These paving improvements are associated with redevelopment activities
within the North Overton Tax Increment Reinvestment Zone Fund (TIF).
A new development is now being proposed on the north side of 61h Street
between Avenue X and Avenue V requiring additional paving and amenity
improvement design not included in the original HRA contract.
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August 26, 2004
Amendment No. 1 to the HRA contract will include design services for 6"
Street from Avenue X to Avenue V and for Avenue V from Marsha Sharp
Freeway to Glenna Goodacre Blvd.
This amendment to the design contract will also include pedestrian and
street lighting design for both the original street contract and the street
areas included with this amendment.
The original contract with HRA was in the amount of $277,089. This
amendment to the contract for additional engineering services is in the
amount of $165,915.
FISCAL IMPACT:
Funding is available in the North Overton TIF for this amendment to the
contract for engineering services.
The Street/Drainage Engineering and Streets and Paving Departments
recommended approval of this resolution.
Larry Hertel, City Engineer, answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council
Member Price to pass Resolution No. 2004-R0417 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
(47.) Consider appointments to the Building Board of Appeals.
Motion was made by Council Member Jones, seconded by Mayor Pro
Tem Martin to reappoint Juan Mendoza and Bruce Thornton to the
Building Board of Appeals. Motion carried: 7 Yeas, 0 Nays.
(48.) Consider an appointment to Civic Lubbock, Inc.
Motion was made by Council Member Jones, seconded by Mayor Pro
Tem Martin to appoint Kay Sanford to Civic Lubbock, Inc. Motion
carried: 7 Yeas, 0 Nays.
(49.) Consider an appointment to the Entertainment Lubbock Task Force.
Motion was made by Council Member Jones, seconded by Mayor Pro
Tem Martin to appoint Don Haragan to the Entertainment Lubbock Task
Force. Motion carried: 7 Yeas, 0 Nays.
(50.) Consider appointments to the Lubbock Water Advisory Commission.
Motion was made by Council Member Jones, seconded by Mayor Pro
Tem Martin to reappoint John Abernathy, H. P. `Bo" Brown, Abel Castilo
and James Conkwright to the Lubbock Water Advisory Commission.
Motion carried: 7 Yeas, 0 Nays.
(51.) Consider appointments to the MHMR Board of Trustees.
Motion was made by Council Member Jones, seconded by Mayor Pro
Tem Martin to reappoint Bobby Kazee, Harvey Morton and Brian
Shannon to the MHMR Board of Trustees. Motion carried: 7 Yeas, 0
Nays.
(52.) Consider appointments to the Permit & License Appeal Board.
Motion was made by Council Member Jones, seconded by Mayor Pro
Tem Martin to appoint Linda Ewing and Michael Liner to the Permit &
License Appeal Board. Motion carried: 7 Yeas, 0 Nays.
(53.) Consider an appointment to the Public Transit Advisory Board.
Motion was made by Council Member Jones, seconded by Mayor Pro
Tem Martin to appoint Bill Meador to the Public Transit Advisory Board.
Motion carried: 7 Yeas, 0 Nays.
(54.) Consider an appointment to the Urban Design/Historic Preservation
Commission.
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Regular City Council Meeting
August 26, 2004
Motion was made by Council Member Jones, seconded by Mayor Pro
Tem Martin to reappoint Daniel Sanchez and appoint Larry Harvey to the
Urban Design/Historic Preservation Commission. Motion carried: 7 Yeas,
0 Nays.
(55.) Consider one appointment to the Housing Finance Corporation Board
of Directors.
The Housing Finance Corporation is a legal entity, which accomplishes
public purposes on behalf of the City of Lubbock, pursuant to the Texas
Housing Finance Corporation Act. Terms on this Board are six -year terms.
Harry Stokley, Jr. recently passed away. He was serving in an At -Large
position.
FISCAL IMPACT:
Not Applicable.
The recommendation of Cathy H. Allen came from the Lubbock Housing
Finance Corporation. This Board vacancy did not go before the
Appointments Advisory Board.
Motion was made by Council Member Jones, seconded by Mayor Pro
Tern Martin to appoint Cathy H. Allen to the Housing Finance
Corporation Board of Directors. Motion carried: 7 Yeas, 0 Nays.
WORK SESSION
(56.) Presentation regarding street lighting on Canyon Lakes Drive east of
Martin Luther King, Jr. Blvd. in the Dunbar Historical Lake area.
The existing streetlights at Dunbar Historical Lake were installed when the
lake was first developed in 1978. At that time, the road that loops the lake
did not exist, and streetlights were installed only where the original roads
were located. When the roads on the south and north sides of the lake were
joined in 1980-81 by the construction of a road over the dam, streets lights
were not installed for the newly constructed sections.
LP&I. staff has indicated that approximately 10-12 additional streetlights
would be needed if they were placed according to the thoroughfare
standard at approximately 275-300 feet apart. The cost for each light
including labor and material would be approximately $1,000. The electric
feed to each light would need to be underground. As this area is more than
likely solid rock, the cost for ditching would be between $7,000 and
$8,000. Therefore, the total cost of adding lights to this area would be
approximately $20,000.
FISCAL IMPACT:
Funding in the amount of $20,000 would need to be approved to add the
remainder of the lighting around Dunbar Historical Lake.
Staff would support a project to install lighting around Dunbar Historical
Lake.
This item was requested by Council Member Floyd Price
Corbin Pemberton, Director of Parks and Recreation, gave a PowerPoint
presentation, a copy of which was provided to Council.
The next item considered was Item 35.
10:17 A. M. CITY COUNCIL RECESSED
10:32 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
All council members were present.
The first items considered were Items 35-36.
(57.) Presentation on the conditions of the Guadalupe Neighborhood
Center located on I't Street and Avenue P.
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Regular City Council Meeting
August 26, 2004
This item was considered following Item 34.
This item was requested by Council Member Linda DeLeon.
Judy Crumbly, President of the Guadalupe/Parkway Neighborhood
Centers, gave a presentation of what the centers do for the neighborhoods.
She also showed a video of poor conditions of the Guadalupe
Neighborhood Center. She asked that Council consider building a new
building in next year's budget or helping the Center relocate.
Mayor Pro Tem Martin asked why it is the responsibility of the City of
Lubbock to build a new building for Guadalupe Center, as this is not a
City operation.
Ms. Crumbly stated it was not the City's responsibility, but she would
appreciate help. She added they would like to have that property, but
would appreciate any property in the Guadalupe area.
Mayor Pro Tem Martin stated it was park property and it would take a
vote of the people to release the land.
Mayor McDougal stated that an earlier council had made a decision to
donate buildings the City had at the time. He asked if there were any
facilities left.
City Manager Lou Fox stated there were none in the Guadalupe
Neighborhood.
Assistant City Manager Quincy White stated everything not on park
property had been donated to various agencies.
Council Member Boren asked Director of Community Services Randy
Truesdell about an A -frame building at Mahon Park. Mr. Truesdell stated
it was a hamburger place, which was donated to the City and moved in.
Council Member DeLeon stated that the Guadalupe Center had needed
repairs for many years. She suggested building a community center and
letting the City take over responsibility of it.
Council Member Price stated we should be proactive, rather than reactive
towards our young people by helping to provide places for them.
1:15 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
3:05 P. M. CITY COUNCIL WORK SESSION RECONVENED
Committee Room 103
All council members were present.
(58.) Discussion of the City of Lubbock Proposed FY 2004-05 Operating
and Capital Projects Budget.
On August 16, staff presented the General Fund proposed budget for FY
2004-05. At the Work Session, the City Council made various changes to
the General Fund operating budget and instructed staff to provide
suggestions to accommodate these revisions.
CFO/Assistant City Manager Lee Ann Dumbauld stated when they left the
past meeting, there was a gap of $2.5m. She stated per Council's request,
they had used a 3% earnings estimate, which would generate $384,000 in
the General Fund. This has not been included in the numbers today. It
was for informational purposes only.
Council Member Gilbreath suggested changing the interest rate to 2.9%.
Ms. Dumbauld stated the other item to be provided was what was page 10
in the original budget, which was using the $8.6 billion and to show the
four scenarios provided previously. The proposed budget is still
calculated at 45.97 cents based on the discussion from the last meeting.
Mayor Pro Tem Martin stated that pertaining to the document provided to
council, they could take column 4 off, which is column 3 + 1.9 population
growth factor.
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August 26, 2004
Ms. Dumbauld presented a summary of options, and she said it's not a
balance sheet, because it doesn't do accruals. She stated this does include
a 3% raise for employees, at the request of Council. It includes $437,000
in what she called "salary efficiency savings", which will be in the salary
categories in the City Attorney's Office, Accounting, City Manager's
Office, Investment in Budgets and Internal Audit, among other items.
Council Member Boren asked that the Japan trip for Junior Ambassadors
be looked at as far as money and staff time.
Council Member DeLeon stated that next year would be the 201h
anniversary of this relationship and she thought this should not be done
away with until then. She also stated that due to things such as students
not adjusting to foods and environment, etc., it might cost less to do an
exchange program with Mexico.
Ms. Dumbauld stated staff had included an additional $250,000 for park
facilities, programs or maintenance, depending on direction from Council
on what those funds would be used for specifically. Also included is an
increase in the sales tax forecast based on the ten months staff has this
year, which brings it to almost $1.2m of 2005. She further stated that staff
had a request to pay for $1 m of the seal coat program out of the Gateway
Streets fund with an agreement in the ordinance requiring that the first
million that drops to fund balance at September 30, 2005 will be repaid to
the Gateway Streets fund.
Council Member Gilbreath asked "What if we don't get it?"
Ms. Dumbauld stated "The City's history has been that it has added a
million to two million a year to the fund balance, and I would anticipate
that the current year would remain much the same, although we have not
specifically identified what would be comprised in that one million.
Usually, attrition takes care of it just with the turnover."
Council Member Gilbreath responded "I've said this before, but I'm going
to reiterate. I'm going to have a hard time voting for this budget unless we
know where that million dollars is going to come from or have a real good
idea."
Ms. Dumbauld stated "We are well on our way to improvement and then
by the time we finish the review of the internal service funds, there is
certainly the potential that we have additional in those funds that the
Council could consider putting back into the General Fund to get back up
to a really strong level." She stated that she should have some good
estimates in about a month.
Council Members Jones and Price stated their appreciation for all Ms.
Dumbauld has done.
Council Member Boren stated "Lee Ann, let me ask — to be sure that I'm
understanding this. As we're still working through this document, it's a
live document, it's fluid, it's still wavy, basically we're looking at having
our seal coat program intact, having money to keep the Gateway Projects
going for Milwaukee and other major streets, a 3% raise for the
employees, no charge -backs to them for their dependents that was first
proposed, and we are looking at a tax rate of 45 (cents) down from 54
(cents)."
Ms. Dumbauld stated staff had not gone back and reviewed the
charge -back to the employees on their health insurance for dependent
coverage. She said staff would have a much better estimate in October.
Council Member Boren asked staff to bring back one more report for
Council to go over.
Mayor McDougal stated that the next time, Council would have to vote on
it.
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Regular City Council Meeting
August 26, 2004
City Manager Fox stated it would be the first reading and then it could be
amended for final reading. Mr. Fox also stated that in initial budget, staff
didn't recommend a cost of living increase for the employees. However,
since they had reduced, they are getting for the most part a good effort out
of the people that work with staff and he wanted to state his appreciation
for the help he had received.
Mayor Pro Tern asked if staff would get Council a revised summary based
on the information provided them as a handout.
3:28 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor
McDougal adjourned the meeting.
Read and approved this��
ATTEST:
Rebecca Garza, City Secretary
day of
dvYARC NfCDOUGAL, MAYOR
174