HomeMy WebLinkAboutMinutes - City Council - Regular - 9/16/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 2004
12:00 NOON
The City Council of the City of Lubbock, Texas met in regular session on the 16th
day of September, 2004, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 12:00 Noon.
12:00 NOON CITY" COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tern 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
Seven citizens expressed comments to the Council. They were:
Donna Walz appeared to discuss the status of the Buddy Holly
Symposium, the contract with Maria Elena Holly, and the benefits
of the Symposium to the people of Lubbock. (Item 52A)
• Others appearing in support of the Buddy Holly Symposium were:
Eric Henn, Bill Griggs, Sharon Griggs and Pamela Brink.
9 Paul Johnson spoke concerning Lake Alan Henry
• Clyde Kitten also spoke concerning Lake Alan Henry. He told
Council that he would take out his dock, and he had a written
statement from Mark Brown that he would move his cabana. Mr.
Kitten stated that regardless of the vote on today, the opposition
wants to and will negotiate.
EXECUTIVE SESSION
Mayor McDougal stated: "City Council will hold an Executive Session
today for the purpose of consulting with the City Staff with respect to
pending or contemplated litigation; the purchase, exchange, lease or
value of real property; personnel; and competitive matters of the
public power utility as provided by Subchapter D of Chapter 551 of
the Government Code, the Open Meetings Law."
12:26 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
( 1.) Hold an executive session in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation (Cemetery; Overton; Planning; Police;
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 (Community
Services; Overton; Water Utilities).
Regular City Council Meeting
September 16, 2004
Page 184
(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; Fire
Chief) and take appropriate action.
(4.) Hold an executive session in accordance with V.T.C.A.
Government Code, Section 551.086, on the following
competitive matters (Electric Utilities):
to deliberate, vote and take final action on electric rates
of Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding
operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business
plans and studies of Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding
the strategies, goals, funding and strategic purpose of
the City of Lubbock's relationship with and
membership in the West Texas Municipal Power
Agency.
1:42 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Pro Tem Tom Martin; Council Member Gary O. Boren;
Council Member Linda DeLeon; Council Member Jim Gilbreath;
Council Member Phyllis Jones; Council Member Floyd Price; Lou
Fox, City Manager; Rebecca Garza, City Secretary; and Richard
Casner, First Assistant City Attorney
Absent: Mayor Marc McDougal
Mayor Pro Tem Martin called the meeting to order at 1:42 P. M.
( 5.) Invocation by Mr. Doug Moore, Elder of Cornerstone Bible 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 APPOINTMENTS RECOGNITION
Civic Lubbock, Inc.
Receiving: Kay Sanford (unable to attend)
Entertainment Lubbock Task Force
Receiving: Dr. Don Haragan (unable to attend)
Housing Finance Corporation
Receiving: Cathy Allen
Permit & License Appeal Board
Receiving: Linda Ewing (unable to attend)
Russ Liner
Public Transit Advisory Board
Receiving: William Meadors
CITIZEN APPEARANCES
( 7.) Presentation of an employee recognition to Fire Fighter Jon Wheeler.
Regular City Council Meeting
September 16, 2004
Page 185
Chief Hailey requested an employee recognition for Fire Fighter Jon
Wheeler for assisting two women, who had run out of gas, as he was on
his way home from work at Fire Station #7.
City Manager Lou Fox made the presentation to Jon Wheeler. Chief
Haile), was also present.
( 8.) Murray Hensley, President of Civic Lubbock, Inc., appeared to
present the 2004/2005 Civic Lubbock, Inc. budget, for informational
purposes.
The agreement between the City of Lubbock and Civic Lubbock, Inc.
provides that Civic Lubbock, Inc. prepare and present to the City Council a
budget for the upcoming year. This budget was not presented for City
Council approval, but rather for information and comment.
Per the written agreement, Civic Lubbock, Inc. pays a commission to the
City on their gross concession sales. In addition, Civic Lubbock
reimburses the City for certain fulltime salaries plus benefits associated
with the concession and box office operations. On July 24, 2003, an
amendment to the agreement was approved by City Council, which
reduced the concessions commissions and salary reimbursements for the
2003/2004 fiscal year only. This allowed Civic Lubbock, Inc. to expand
their sponsorship programs and their ticketing operation for 2003/2004.
The 2004/2005 budget being presented reflects the reinstatement of the
commissions paid to the City, as well as the reinstatement of the salary
reimbursements at 100%.
Key components of the 2004/2005 budget are as follows:
• Estimated commissions to be paid to the City are $122,746. The
commission reflected a 5% commission on food/soft drink sales, 20%
commission on alcohol sales, and 30% commission on beer sales from
hockey events.
• Civic Lubbock, Inc.'s net revenues from the concession operation are
anticipated to be $118,191.
• Estimated net revenues from the Select -a -Seat operation are $176,412
and are projected based on anticipated events at all venues for which
Select -a -Seat provides services.
• This not only includes the Civic Center and Auditorium/Coliseum
events, but the United Spirit Arena events, Texas Tech athletic events,
and other events held at various venues in and around Lubbock.
• General expenditures for the corporation, which include accounting,
insurance and other general expenses, are estimated at $65,839.
• Net revenue from all Civic Lubbock, Inc. operations will go towards
their chartered purpose and includes funding for a local grant program
and special events, as well as hosting the Buddy Holly Walk of Fame
and Terrace Inductions. The amount budgeted for these activities is
estimated to be $71,600.
• Civic Lubbock has allocated $9,600 in local grants to assist with 13
various local events, which will be held at the Civic Center or
Auditorium/Coliseum. Some of these events include the Lubbock
Symphony's Listen Live! Concerts for area school children, Ballet
Lubbock's "Nutcracker", Viva Aztlan Celebration, Classical Dance
Drama of India and two productions produced by the Texas Tech
Music Theatre.
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Regular City Council Meeting
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Page 186
• In addition, $52,500 has been budgeted for Special Event
sponsorships, such as the Broadway Series, Cotton Kings, and ABC
Rodeo.
• In 2003/2004, Civic Lubbock expanded the Select -a -Seat operation,
which included the addition of 19 local and regional ticket outlets and
the equipment and software upgrades to allow for the sale of Texas
Tech individual athletic tickets. This required a major financial
commitment by Civic Lubbock, Inc. and profits generated from this
current fiscal year, as well as the next four years, will be used to offset
the payments on the promissory note on the project. The "Donation to
TTU" line item is the prorated portion of the equipment and software
upgrade associated with Select -a -Seat and its outlets selling Texas
Tech athletic tickets.
FISCAL IMPACT:
Beginning with 2004/2005, commissions paid to the City on gross
concession sales and salary reimbursements will be reinstated.
Commissions are estimated to be $122,746 and salary reimbursements will
be approximately $374,000.
Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to
the community through the promotion or co -promotion of educational,
cultural, and entertainment projects and activities in the Civic Center,
Auditorium, Coliseum and Civic Center District. They have made
significant investments in public art over the last several years, have
expanded the Select -a -Seat operation to include 19 additional outlets
throughout Lubbock and the region, and are developing ideas for future
projects through a strategic planning process. In addition, Civic Lubbock,
Inc. contributes to reducing the cost of operations of the Civic Center and
Auditorium/Coliseum through the commissions paid to the City.
The 2004/2005 budget for Civic Lubbock, Inc. was presented to the City
Council for their information and comment.
CONSENT AGENDA (Items 9-41, 43-46, 48-49)
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to approve Items 9-41, 43-46, 48-49 on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(9.) Approval of Minutes: August 16, 2004
Regular City Council Meeting
(10.) ORDINANCE NO. 2004-00071 (5101 Albany Avenue) —Abandoning
and closing a portion of an alley and an LP&L transformer pad
easement in the Buster Long Addition to the City of Lubbock
(Right -of -Way) (second and final reading).
ORDINANCE NO.2004-00071
AN ORDINANCE ABANDONING AND CLOSING AN ALLEY IN THE
BUSTER LONG ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS AND A TRANSFORMER PAD EASEMENT IN LOT 23, BUSTER LONG
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH
OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Regular City Council Meeting
September 16, 2004
Page187
This ordinance abandons and closes a 403.28-foot long portion of a
20-foot alley just north of 51" Street between Aberdeen Avenue and
Albany Avenue and an LP&L transformer pad easement in the northeast
corner of Lot 23, Buster Long Addition. This ordinance was read for the
first time at the June 29, 2004 City Council meeting as a routine consent
agenda item and the final plat is ready to be filed.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of the second
reading of this ordinance.
(11.) 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 Lake
Alan Henry (Community Services) (second and final 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.
(12.) ORDINANCE NO. 2004-00094—ZONE CASE NO. 1834-D (602
North Englewood Avenue): Consider request of Mark Dickson (for
Indivisa Corp.) for a zoning change from R-2 to A-1 on Lot 246,
Western Estates Addition (second and final 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.
(13.) ORDINANCE NO. 2004-00095—ZONE CASE NO. 2826-A (south of
85`f' Street and west of Avenue P): Consider request of Jon Cieszinski
(for Carl Mortensen) for a zoning change from T, R-2 and C-4 to R-1
Specific Use of 20-foot setbacks, 5-foot front setbacks on cul-de-sac
lots and 5-foot side setbacks on corner lots of 48 acres of unplatted
land out of Section 9, Block E (second and final 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
UNPLATTED LAND OUT OF SECTIONS 9, BLOCK E, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
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Regular City Council Meeting
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Page188
(14.) ORDINANCE NO. 2004-00096—ZONE CASE NO. 2995-A (west of
Iola Avenue and north of 79th Street): 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 of 6.0 acres of unplatted land out of Section 29, Block AK
(second and final 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.
(15.) ORDINANCE NO. 2004-00097—ZONE CASE NO. 2913-B (north of
82"d Street and east of Avenue P): Consider request of Chris White
for a zone change from R-2 to GO on Lot 89, Winniewood Addition
(second and final reading).
ORDINANCE NO. 2004-0009",,
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2913-B; 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.
(16.) Ordinance No. 2004-00099 amending Ordinance No. 2001-00109,
which defines the guidelines of the Deferred Compensation Plan for
City employees, to modify the ordinance to conform to federal law
(Human Resources) (first reading).
ORDINANCE NO.2004-00099
AN ORDINANCE AMENDING ORDINANCE NO. 2001-00109 OF THE CITY OF
LUBBOCK, WHICH ORDINANCE PROVIDED PARTICULARS OF A DEFERRED
COMPENSATION PLAN FOR CITY EMPLOYEES, AND MODIFYING SAID
ORDINANCE TO CONFORM TO FEDERAL LAW.
The City of Lubbock employee benefit package contains two 457 Deferred
Compensation Plans, ING Financial Advisors and ICMA Retirement
Corporation. Employees may choose to participate in the 457 plans for
retirement benefits, in addition to the TMRS and Firefighter pension. The
City of Lubbock does not contribute to the employee accounts or match
funds at retirement on the 457 plans.
The amendments contained in this Ordinance will bring the City's 457
plan in compliance with IRS regulations.
FISCAL IMPACT:
None.
Staff recommended that Ordinance No. 2001-00109 be amended to
conform to changes in Federal Law.
Regular City Council Meeting
September 16, 2004
Page 1899 of
(17,) Ordinance No. 2004-00100 amending Chapter adding the
Art leCode
IV,
Ordinances of the City of Lubbock, Texas, by
Sections 9-40 through 9-46 to the Code of Ordinances of the City of
Lubbock by providing installation guidelines and requirements for
commercial properties of one acre, or less, and providing installation
and cost recovery guidelines for electric distribution service for
commercial properties of more than one acre; providing a savings
clause and providing for publication (LP&L) (first reading).
ORDINANCE NO.2004-00100
AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING ARTICLE IV,
SECTIONS 9-40 THROUGH 9-46 TO THE CODE OFAORDINANCES
OINTHE
CITY
AND
OF LUBBOCK BY PROVIDING
REQUIREMENTS for COMMERICIAL PROPERTIES OF ONE (1) ACRE OR LESS
AND PROVIDING FOR INSTALLATION DISTRIBUTION D CST SERVICECOVERY GUIDELINES
FOR COMMERCIAL
FOR ELECTRIC UTILITY
PROPERTIES OF MORE THAN ONE (1) ACRE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
The City Council of the City of Lubbock deems it to be in the best interest
of the citizens of the City of Lubbock to provide guidelines and
regulations for the installation and cost recovery for electric utilities or
municipal owned utilities who install and/or provide electric utility
distribution to commercial properties within the corporate limits of the
City of Lubbock; such guidelines being based on the size of the
commercial lot.
FISCAL IMPACT:
To recover a portion of monies incurred for the cost of installation of
underground service on commercial electrical utilities.
City staff recommended approval of this ordinance.
(18.) Ordinance No. 2004-00101 amending Chapter 6 of the Code of
Ordinances of the City of Lubbock, Texas, by amending Article V,
Section 2-256 by providing for an increase in the rated capacity of
main panels for service entrances installed by the public utility;
providing a savings clause and providing for publication (LP&L)
(first: reading).
ORDINANCE NO. 2004-00101
CONSIDER AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING ARTICLE
V, SECTION 2-256 BY PROVIDING FOR AN INCREASE IN THE RATED
CAPACITY OF MAIN PANELS FOR SERVICE ENTRANCES INSTALLED BY
THE PUBLIC UTILITY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
The City Council of the City of Lubbock deems it to be in the best interest
of the citizens of the City of Lubbock to provide guidelines and
regulations for rating capacity of the main panels for service entrances
provided by an electric utility within the corporate limits of the City of
Lubbock. This is to be applied to commercial and residential applications
when the main size is projected to be over 400 amps; the power company
will provide metering of their choice. When under 400 amps, the customer
and/or electrical contractor will be required to install equipment
compatible to the power company's meter installation for measuring
electric consumption.
Regular City Council Meeting
September 16, 2004
Page190
FISCAL IMPACT:
To eliminate costs incurred for installation of electric equipment for
specified commercial and residential customers based upon main size.
City staff recommended approval of this Ordinance.
(19•) Resolution No. 2004-RO422 authorizing the Mayor to execute a street
and allev use license with Trinity Church, Inc. for the use of several
streets and one alley for an overhead communications cable (7V
Street and Canton Avenue to 691h Street and University Avenue)
(Right -of -Way).
RESOLUTION NO.2004-RO422
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 and Alley Use
License for an aerial communications cable, by and between the City of Lubbock and
Trinity Church, Inc., 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 16th day of September, 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-R422.
Trinity Church is located at the northwest corner of Canton Avenue and
South Loop 289 and has requested this street and alley use license. They
have an additional facility east of 69`h Street and University Avenue and
desire to run an aerial communications cable from the main church
building to their University Avenue facility. The cable will start out at 71"
Street and Canton Avenue, run north to the east -west alley south of 69`h
Street, turn east to University Avenue along the south side of the alley,
northward to 691h Street, and then east across University Avenue. The total
length of this route they have chosen is 2,149.67 feet. The Right -of -Way
Department has valued this license at $00.75 per linear foot from adjacent
land values in this neighborhood. Using the street use license formula for
aerial encroachments, a value is determined of: 2,149.67 feet X $00.75 =
$1,612.25 X 75% X 10% = $120.92 per year. This license will be for
twenty years, payable every five years in advance, or $604.59 for each
five-year period.
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Page 191
FISCAL IMPACT:
Yearly, income of $120.92 to the City.
The Right -of -Way Department recommended approval of this resolution.
(20.) Resolution No. 2004-RO423 authorizing the Mayor to execute a street
use license to Gary Randall Andrews, Jr. for the use of a portion of
21s' Street for a brick, stone, and wood fence (5202 21st Street)
(Right -of -Way).
RESOLUTION NO.2004-RO423
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 with
associated documents with Gary Randall Andrews, Jr. for a brick, stone and wood fence.
Said agreements are attached hereto and incorporated in this Resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 16th day of September, 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 Agreements is filed with Resolution No. 2004-R423.
Gary.Andrews, Jr. recently purchased the property at the northwest corner
of 21" Street and Slide Road. Along the south side of his property is the
recently dedicated 21" Street that runs westward from Slide Road. He
desires to build an east -west wood, brick, and stone fence to enclose his
back yard area along the north side of 21' Street, just to the south of an
existing tree row. In order to build this fence in the north parkway of 21 st
Street, he has applied for this street use license. His father owns the
property on the south side of 21" Street and in May of 2002 was granted a
street use license to construct a similar fence to enclose his back yard. The
total area to be occupied by this fence is 1-foot by 209-feet or 209 square
feet. The charge for this license will be the $50 minimum per year 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 approval of this resolution.
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Page 192
(21.) Resolution No. 2004-RO424 authorizing the Mayor to execute Change
Order No. 2 to the 2004 Primary Streets Maintenance Contract
(Streets).
RESOLUTION NO.2004-RO424
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 an on behalf of the City of Lubbock a Change Order No. 2 to the
2004 Primary Streets Maintenance Program Contract, attached herewith, by and between
the City of Lubbock and Granite Construction Company, and any associated documents,
which Change Order 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 detail.
Passed by the City Council this 16th day of September, 2004.
/S MAD C MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, Street Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Change Order is filed with Resolution No. 2004-R424.
The anticipated construction of 3'd Street from Avenue M to Avenue P has
been delayed due to delays in the construction of water and sewer lines in
the same Right -of -Way. The delay will be such that the 2004 Primary
Streets Maintenance Program contract with Granite Construction
Company will expire before the work can begin. This delay will
necessitate the reduction of 2,500 square yards of 6" Black Base from bid
item No. 6.
This Change Order represents a 3.9% decrease to the 2004 Primary Streets
Maintenance Program.
The increase would not necessitate the addition or deletion of any working
days to the contract.
FISCAL IMPACT:
A total of $38,000 will be transferred from the fund balance of the 2004
Permanent Street Maintenance Fund to the 2005 Permanent Street
Maintenance Fund for this activity. The construction of 3'd Street will take
place as part of the 2005 Maintenance Program. Upon approval by the
Council, the transfer will be made by Budget Change Request.
The Street Department recommended approval of this resolution.
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Regular City Council Meeting
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Page 193
(22.) Resolution No. 2004-R0425 authorizing the Mayor to execute
Amendment No. 2 to the Agreement for Engineering Services with
Parkhill, Smith & Cooper, Inc. on the Milwaukee Avenue from 30' to
981h Streets paving project for additional geotechnical engineering
services (City Engineer).
RESOLUTION NO.2004-R0425
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. 2 to the
Agreement for Engineering Services between the City of Lubbock and Parkhill, Smith &
Cooper, Inc. for the design and construction of Milwaukee Avenue between 34`h Street
and 98`h Street. Said Amendment is attached hereto and incorporated in this Resolution
as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 2004-R425.
Amendment No. 2 to the Agreement for Engineering Services with
Parkhill, Smith & Cooper is for additional services on the Milwaukee
Avenue from 34`h to 981h Streets paving design contract. The additional
services include geotechnical engineering work to investigate trench
compaction of an existing utility line. The additional compensation added
to the Agreement is in the amount of $30,488, bringing the total
Agreement "not to exceed" amount to $1,120,553.
FISCAL IMPACT:
Approval of Amendment No. 2 will bring the total "not to exceed"
Agreement amount to $1,120,553 for Engineering Services on this project.
A capital project was previously set up for the engineering services on this
project in the amount of $1,215,000, so funding is available for this
amendment for additional services.
Staff recommended approval of this resolution.
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(23.) Resolution No. 2004-RO426 authorizing the Mayor to execute an
Interlocal Agreement with the Lubbock Independent School District
and Lubbock County regarding operation and funding of the
Specialized Treatment and Rehabilitation (S.T.A.R.) program for
2004-2005 (Judge Doty).
RESOLUTION NO. 2004-RO426
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to --
execute for and on behalf of the City of Lubbock an Interlocal Agreement and any
associated documents for Specialized Treatment and Rehabilitation (STAR) between the
City of Lubbock, Lubbock County and Lubbock Independent School District, a copy of
which Interlocal Agreement is attached hereto which shall constitute and be a part hereof
as if fully copied herein in detail.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Doty
Robert Doty, Municipal Judge
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Interlocal Agreement is filed with Resolution No. 2004-R426.
S.T.A.R. is a cooperative venture between the Lubbock Independent
School District (LISD), Lubbock County, and the City of Lubbock that
addresses the needs of school children, ages 11-16, who have engaged in
conduct generally described as delinquent. The program combines
educational components with regimented discipline and probation
supervision.
FISCAL IMPACT:
Annual cost (the City of Lubbock's portion) is $114,000. An amount in
excess of that figure has been included in the budget of Municipal Court
for the 2004-05 fiscal year. Municipal Court has committed to insure that
revenues are sufficient to provide the funds necessary to cover this
expenditure.
Staff recommended approval of this resolution.
(24.) Resolution No. 2004-RO427 authorizing the Mayor to officially adopt
the National Interagency Incident Management System -Incident
Command System, as the standard command and control system
during emergency operations, for the City of Lubbock (Fire
Department).
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RESOLUTION NO.2004-RO427
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to adopt for and on behalf of the City of Lubbock the National Interagency
Incident Management System — Incident Command System, as the standard command
and control system during emergency operations. Documents incorporating this system
are incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
Documents are filed with Resolution No. 2004-R0427.
As part of the Homeland Security Presidential Directive 5, all State and
local organizations are required to "establish a single comprehensive
approach to domestic incident management". The National Interagency
Incident Management System —Incident Command (NIMS) is the
recommended incident management system.
All State and local organizations must adopt the NIMS by October 1,
2004„ to receive Federal preparedness assistance (through grants, contracts
and other activities)
The :Lubbock Fire Department training division has been working with
area agencies and City departments since the first of the year, in training
for this initiative.
FISCAL IMPACT:
This initiative should improve our record documentation, which in turn
will allow us to receive reimbursement of expended funds, in the event of
a declared disaster.
Staff recommended approval of this resolution.
(25.) Resolution No. 2004-R authorizing the Mayor to execute the
necessary FY 2004-05 contract for renewal of the leasing of library
books with Baker and Taylor, Inc. of Charlotte, North Carolina
(Library).
This item was deleted.
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Page196
(26.) Resolution No. 2004-RO428 authorizing the Mayor to execute a Loan
Agreement from the Economic Development Funds Program, and all
related documents, between the City of Lubbock and Ms. Leslie
Everson d/b/a Dressin' Divas (Community Development).
RESOLUTION NO.2004-RO428
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 Loan Agreement,
by and between the City of Lubbock and Ms. Leslie Everson d.b.a. Dressin' Divas
from the Economic Development Funds Program and all related documents. Said
agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Linda L. Chamales for
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0428.
The Economic Development Sub -committee of the Community
Development Services Board (CDSB) met and approved a packet
submitted by Ms. Leslie Everson. The Sub -committee approved a loan for
$40,000. The retail business will be located at 6816 Slide Road #3. Funds
will be used for inventory, fixtures, and working capital.
The Economic Development Funds Program was established during a
previous allocation of Community Development Block Grant (CDBG)
funds. The purpose of the program is to provide needed capital for area
businesses, at a reduced interest rate. By agreeing to the terms of this loan,
the business owner accepts his/her responsibility of retaining or creating
one job for every $35,000 borrowed. In this case, Ms. Everson will be
required to create two full-time equivalent positions. These jobs must be
made available to persons of low -to -moderate income.
The promissory note was provided in council backup.
FISCAL IMPACT:
There is no fiscal impact on the General Fund involved with the approval
or funding of this Economic Development Fund loan. The funds in
question are from the FY 02-03 and FY 03-04 allocations that have
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already been approved by City Council. As the loan payments are
collected, the funds will be treated as Program Income and will eventually
be allocated to another CDBG project.
Community Development recommended approval of this resolution.
(27.) Resolution No. 2004-RO429 authorizing the Mayor to execute a Loan
Agreement from the Economic Development Funds Program, and all
related documents, between the City of Lubbock and Mr. Leric Eaton
d/b/a Express Moving Services (Community Development).
RESOLUTION NO.2004-RO429
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is herby authorized and directed
to execute for and on behalf of the City of Lubbock, a Loan Agreement, by and between
the City of Lubbock and Mr. Leric Eaton d.b.a. Express Moving Services from the
Economic Development Funds Program and all related documents. Said agreement is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Linda L. Chamales for
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R429.
The Economic Development Sub -committee of the Community
Development Services Board (CDSB) met and approved a packet
submitted by Mr. Leric Eaton. The Sub -committee approved a loan for
$40,000. The moving business will be based at 2620 Madison Avenue.
Funds will be used to purchase a truck, supplies, and for working capital.
The Economic Development Funds Program was established during a
previous allocation of Community Development Block Grant (CDBG)
funds. The purpose of the program is to provide needed capital for area
businesses, at a reduced interest rate. By agreeing to the terms of this loan,
the business owner accepts his/her responsibility of retaining or creating
one job for every $35,000 borrowed. In this case, Mr. and Mrs. Eaton will
be required to create two full-time equivalent positions. These jobs must
be made available to persons of low -to -moderate income.
The promissory note was provided in council backup.
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FISCAL IMPACT:
There is no fiscal impact on the General Fund involved with the approval
or funding of this Economic Development Fund loan. The funds in
question are from the FY 02-03 and FY 03-04 allocations that have
already been approved by City Council. As the loan payments are
collected, the funds will be treated as Program Income and will eventually
be allocated to another CDBG project.
Community Development recommended approval of this resolution.
(28.) Resolution No. 2004-RO430 authorizing the Mayor to execute a
Community Development Funding Contract from the Community
Development Block Grant, and all related documents, between the
City of Lubbock and the Young Women's Christian Association of
Lubbock (YWCA of Lubbock) (Community Development).
RESOLUTION NO.2004-RO430
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 Community Development
Funding Contract, by and between the City of Lubbock and the Young Women's
Christian Association of Lubbock (YWCA of Lubbock) from the Community
Development Funds Program and all related documents. Said contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDO U GAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Linda L. Chamales for
Amy Sims, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R430.
Grantee: Young Women's Christian Association of Lubbock
Program: Sun `N Fun Recreation Center Project
Funding Source: 2003-2004 Community Development Block Grant
Use of Funds: This program will provide funds to partially fund the
architectural services required for the construction of the Fun `N Sun
Recreation Center, which will be located at 6204 Elgin Avenue.
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Amount: $20,000
Match: 25%
Return of Investment: 25% of grant funds used will be paid back. Grantee
will have the option of paying back in one lump sum 30-days after
completion of the project or equal payments for up to ten years with no
interest charged.
Terms: September 16, 2004 through September 30, 2005
Comments: Funding for this contract was approved by City Council at the
April 22, 2004 City Council meeting during their annual reallocation of
CDBG funds. The contract is available for review in the City Secretary's
Office.
FISCAL IMPACT
There is no fiscal impact on the General Fund involved with this project or
contract. The funds used are Federal funds from the Community
Development Block Grant.
The maximum to be allocated to this project is $20,000. If the project runs
over budget, neither Federal funds nor funds from the General Fund will
be impacted. As the Return of Investment is collected, the funds will be
designated as Program Income and will be allocated to other Community
Development projects.
Community Development recommended approval of this resolution.
(29.) Resolution No. 2004-R0431 setting a date and time to hold a public
hearing for a proposed amendment to Urban Renewal Plan Area
Number 28, Posey Lakeside East Association Neighborhood to revise
the existing Urban Renewal Land Use from Commercial -Multi -
Family to Single Family Residential (R-1) at 1811 Spruce Avenue,
designated as Parcel 808850-0-10, legally described as Lot A, Spruce
Addition and 1812 Spruce Avenue, designated as Parcel 808850-0-20,
legally described as Lot B, Spruce Addition (Community
Development).
RESOLUTION NO.2004-R0431
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby authorize the date and
time to hold a public hearing for a proposed amendment to URBAN RENEWAL PLAN
AREA NUMBER 28 known as the POSEY LAKESIDE EAST ASSOCIATION
NEIGHBORHOOD from the existing Urban Renewal Land Use of Commercial -Multi -
Family to Residential (R-1) as set forth in Exhibit "A" which is incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of Exhibit "A" is filed with Resolution No. 2004-R431.
These are the only two Urban Renewal -owned vacant lots remaining
unsold under Urban Renewal Plan Area Number 28. The bid proposal for
a new single-family residence on Parcel 808850-0-10 at 1811 Spruce
Avenue was approved on June 15, 2004 by the Urban Renewal Board of
Commissioners, subject to approval of the Urban Renewal Land Use Plan
being amended from Commercial -Multi -Family to residential (R-1).
The City of Lubbock's zoning is R-2 and is acceptable for single-family
and duplex development. The City Council initially adopted the Urban
Renewal Land Use Plan for this area on November 17, 1977, and later
amended the Plan on June 24, 1982. Commercial development is not
feasible as these parcels do not front Idalou Road and because they are
primarily surrounded by single-family residences. The parcels are also
unsuitable for multi -family development due to the size and irregular
shape of the parcels. Canyon Lake Six is located south of these parcels.
An Urban Renewal Land Use Plan amendment from
Commercial -Multi -Family to residential use will be required before the
parcel at 1811 Spruce Avenue can be deeded for the development of a
single-family home and before the lot at 1812 Spruce Avenue can be
marketed for single-family development. No bids have been submitted in
the past on these two lots for commercial or multi -family development.
On August 17, 2004, the Urban Renewal Board of Commissioners voted
to submit the proposed change to the City Council for a public hearing.
In accordance with Urban Renewal Law, the Council will be voting to set
the date and time of the public hearing.
The suggested date and time of the public hearing is October 28th, 2004 at
10:15 A.M., with Publication of Notice scheduled for September 22nd,
October 3rd, and October 17`h, 2004.
After the public hearing on October 28`h, 2004, the Council will vote on
the proposed change.
The Community Development staff recommended approval of this
resolution.
(30.) Resolution No. 2004-RO432 authorizing the Mayor to enter into a
Mowing Agreement between the City of Lubbock and the Texas
Department of Transportation (Solid Waste).
RESOLUTION NO.2004-RO432
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for mowing
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Page 201
services by and between the City and the Texas Department of Transportation, and any
other related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Director of Public Works
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R431.
The City of Lubbock owns and operates the West Texas Region Disposal
Facility (WTRDF) located approximately five miles west of the town of
Abernathy, Texas at the intersection of F.M. 2528 and F.M. 597.
The main transportation route to the landfill is via F.M. 2528. Currently,
the City of Lubbock mows the east side of F.M. 2528 from F.M. 597 to the
southern most permit boundary (less than '/z mile). The Texas Department
of Transportation (TxDOT) is responsible for mowing the remainder of
F.M 2528. Their goal is to mow F.M 2528 two to three times each year
during the summer.
State and federal solid waste regulations require all municipal solid waste
landfills to pick up any litter within the right-of-way along the
transportation route(s) to and from the landfill for a distance of two miles.
Litter control is a daily operational task performed by landfill personnel.
As the vegetation along F.M. 2528 grows taller, it becomes difficult to
clean up wind blown waste. When TxDOT mows, hidden waste is
shredded, creating an even more unsightly and uncontrollable situation.
Recognizing an opportunity to more effectively and efficiently maintain
the primary transportation route, the City of Lubbock has asked TxDOT
for permission to mow the right-of-way for a distance of two miles from
the entrance of the WTRDF along F.M. 2528.
TxDOT responded with a written agreement between the City of Lubbock
and TxDOT, which requires the Mayor's signature.
FISCAL IMPACT:
The City will use existing staff to mow two miles of F.M. 2528 at an
estimated cost of $65 per event, not expected to exceed $800 year.
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Staff recommended approval of this resolution.
(31.) Resolution No. 2004-RO433 authorizing the Mayor to execute
Contract No. 51505F7057 with the Texas Department of
Transportation (TxDOT) for operating assistance (Citibus).
RESOLUTION NO. 2004-RO433
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 State/Local Urban Public Transportation Grant
Agreement by and between the City of Lubbock and the Texas Department of
Transportation for state financial assistance to be used by Citibus to provide transportaion
services, and all related documents. Said Agreement is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Managing Director of
Planning and Transporation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney/
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R433.
TxDOT is allocating $819,597 of public transportation funds to the City of
Lubbock for operating assistance to maintain its public transportation
system (Citibus) for Fiscal Year 2004-2005. The $819,597 is included in
the Citibus budget for FY 2004-2005 that has been previously reviewed by
City Council. The $819,597 is a reduction from last fiscal year's award of
$880,418, due to a revised TxDOT formula.
The contract is effective from September 1, 2004, or when fully executed
by both parties, and shall terminate on August 31, 2005.
FISCAL IMPACT:
Acceptance of this grant will result in no additional cost to the City of
Lubbock.
Citibus recommended approval of this resolution.
(32.) Resolution No. 2004-RO434 for the purchase of a GFI fare box
revenue collection system upgrade (Citibus).
RESOLUTION NO. 2004-RO434
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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 sole source purchase order in the amount of
$139,700.00 with GFI Genefare, Incorporated for an upgrade to Citibus' farebox revenue
collection system and all 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 Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Managing Director of
Planning and Transporation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney/
Office Practice Section
A copy of the Purchase Order is filed with Resolution No. 2004-R434.
This sole source purchase is for an upgrade to Citibus' fare box revenue
collection system (GFI). Citibus' current GFI system crashed in May 2004.
The system was purchased in 1995 and runs on DOS. The fare box
revenue collection system tracks ridership and revenues generated on the
fixed route system. It provides a reporting system that allows Citibus to
track ridership by route and type of passenger. It also provides a secure
revenue collection system on the buses. The upgrade will include new
software based on the Windows 2000 platform, a new data computer, and
a new top portion for all the fare boxes that will allow them to
communicate with the new software. This will be a sole -source
procurement, as GFI Genfare, Incorporated is the only company that can
supply the upgrade to work with Citibus' current fare box revenue
collection system. The parts/equipment are not interchangeable with
similar parts of another manufacturer.
FISCAL IMPACT:
The upgrade to the current fare box revenue collection system will cost
$139,700. The upgrade will be purchased using federal capital funds. The
Federal Transit Administration will cover 80% of this amount and the
remaining 20% will come from this year's Citibus budget. No additional
funding will be needed from the City of Lubbock.
Citibus received an estimate of $713,612 to replace the entire fare
collection system from another vendor.
Citibus recommended the approval of a sole -source purchase in the
amount of $139,700 to GFI Genfare, Incorporated.
(33.) Resolution No. 2004-RO435 authorizing the Mayor to approve an
application for a State administered, Federally financed Speed Step
Program, with emphasis on speed compliance, targeting reduction in
speed related crashes, with reduction in death and serious bodily
injury (Police).
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RESOLUTION NO.2004-RO435
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a $49,985 Grant Agreement
for the Speed Selective Traffic Enforcement Program, and any associated documents, by
and between the City of Lubbock and the Texas Department of Transportation. Said
Grant Agreement is attached hereto and incorporated in this Resolution as if fully set
forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 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
A copy of the Grant Agreement is filed with Resolution No. 2004-R0435.
This is a grant program utilizing off -duty personnel working overtime to
enforce noncompliance of designated speed limits within targeted areas of
the City.
FISCAL IMPACT:
This enforcement program will be conducted during fiscal 2004/05.
Awards for this grant have been set beginning October 1, 2004, or the date
of final signature; whichever is later, upon approval of the Lubbock City
Council. This is a 50/50 grant in the amount of $99,970 to be administered
during the period October 1, 2004 through September 30, 2005. The City's
portion ($49,985) has been budgeted for fiscal year 2004/05.
The Police Department recommended approval of this resolution.
(34.) Resolution No. 2004-RO436 authorizing the approval of a lease
agreement between the City of Lubbock and the Federal Aviation
Administration for the Outer Marker Site for Lubbock International
Airport (Airport).
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RESOLUTION NO.2004-RO436
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement with the
Federal Aviation Administration for an Outer Marker Site at Lubbock International
Airport, and all related documents. Said Agreement is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James W. Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0436.
The Federal Aviation Administration has operated a navigational aid
called the Outer Marker on 0.12 acres (5,500 square feet) of land inside the
City of New Deal for many years. The Outer Marker is one component of
an Instrument Landing System (ILS) that provides precision guidance to
aircraft approaching the airport from the north. In accordance with federal
requirements, the City leases the land for the Outer Marker site from
Lubbock County Flower Growers, Inc. and subleases it to the FAA at no
cost.
The new agreement will begin on October 1, 2004 and continue through
September 30, 2014.
FISCAL IMPACT:
There is no fiscal impact.
The Airport Board and staff recommended approval of this resolution.
Items 35 and 36 were reopened following Item 52.
(35.) Resolution No. 2004-RO437 authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and Rick Betenbough and Ron Betenbough for the Milwaukee
Avenue paving project from 34`' to 92°d Streets (Planning and
Transportation).
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RESOLUTION NO.2004-R0437
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, conditioned upon the execution and delivery of, on or before September 27,
2004, the Development Agreements to the City of Lubbock, in the same form as attached
hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P.,
covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City
of Lubbock, a Development Agreement between the City of Lubbock and Rick
Betenbough and Ron Betenbough, for the design and construction of Milwaukee Avenue.
Said Development Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith for Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Development Agreement is filed with Resolution No. 2004-R0437.
The City of Lubbock has been working with local Developers on the
Milwaukee Avenue paving project, which involves paving Milwaukee
Avenue from 34 b to 92°d Streets. Contracting with the Developers with
frontage on Milwaukee Avenue will allow the City of Lubbock to complete
the project in its entirety and will benefit the City by realizing cost savings due
to economies of scale and due to drainage and infrastructure installation, such
as storm water, water, sewer, and other utility pipelines. The project will be an
economic benefit to the Developers with property fronting Milwaukee Avenue
by making their development more viable with this improvement. The project
is being engineered by Parkhill, Smith & Cooper.
The City of Lubbock has determined an estimate of the cost of the
Developer's share of the Milwaukee Avenue project and the development
contract requires the Developer to pay in cash or submit an irrevocable
letter of credit for the estimated amount by October 1, 2004. The estimated
amount is the Developer's share of the total cost of the project, which
includes, paving, water, sewer, and storm water, minus % the difference
between concrete and asphalt paving. The contract requires the City of
Lubbock to furnish the Developer with a description of the land needed for
the paving and drainage, water, and sewer construction by February 1,
2005 and the Developer is required to dedicate, at no cost to the City, all
land and real property interests necessary for the construction by March 1,
2005.
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The contract stipulates the amount is only an estimate, and that the cost of
the Developer's share of the Milwaukee Project could be lesser or greater
than -the estimated amount. Subject to the limitation described in the
following sentence, the Developer agrees in the contract to pay the actual
bid cost.
If the actual bid cost is greater than five percent of the estimated amount,
the City of Lubbock and the Developer agree to negotiate the costs in
excess of the Estimated amount.
FISCAL IMPACT:
The total cost of the Milwaukee Project is estimated at $17,962,102. The
cost to the City of Lubbock for their share of the project is $13,769,726.
The project will be funded out of the Gateway Fund.
The .Milwaukee Project will benefit both the local Developers with
frontage along Milwaukee Avenue and the City of Lubbock by completing
the paving of Milwaukee Avenue in a timely manner.
Staff recommended approval of this resolution.
At this time, motion was made by Council Member Gilbreath, seconded by
Council Member Boren to pass Resolution No. 2004-RO437 as amended.
Motion carried: 6 Yeas, 0 Nays.
(36.) Resolution No. 2004-RO438 authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and Betenbough Capital, Inc. for the Milwaukee Avenue paving
project from 341e to 92"d Streets (Planning and Transportation).
RESOLUTION NO.2004-RO438
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, conditioned upon the execution and delivery of, on or before September 27,
2004, the Development Agreements to the City of Lubbock, in the same form as attached
hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P.,
covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City
of Lubbock, a Development Agreement between the City of Lubbock and Betenbough
Capital, Inc., for the; design and construction of Milwaukee Avenue. Said Development
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith f6r Larry Hertel
Larry Hertel, City Engineer
207
Regular City Council Meeting
September 16, 2004
Page 208
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Development Agreement is filed with Resolution No. 2004-R0438.
The City of Lubbock has been working with local Developers on the
Milwaukee paving project, which involves paving Milwaukee Avenue
from 34" to 92nd Streets. Contracting with the Developers with frontage on
Milwaukee Avenue will allow the City of Lubbock to complete the project
in its entirety and will benefit the City by realizing cost savings due to
economies of scale and due to drainage and infrastructure installation,
such as storm water, water, sewer, and other utility pipelines. The project
will be an economic benefit to the Developers with property fronting
Milwaukee Avenue by making their development more viable with this
improvement. The project is being engineered by Parkhill, Smith &
Cooper.
The City of Lubbock has determined an estimate of the cost of the
Developer's share of the Milwaukee Avenue project and the development
contract requires the Developer to pay in cash or submit an irrevocable
letter of credit for the estimated amount by October 1, 2004. The estimated
amount is the Developer's share of the total cost of the project, which
includes, paving, water, sewer, and storm water, minus %2 the difference
between concrete and asphalt paving. The contract requires the City of
Lubbock to furnish the Developer with a description of the land needed for
the paving and drainage, water, and sewer construction by February 1,
2005 and the Developer is required to dedicate, at no cost to the City, all
land and real property interests necessary for the construction by March 1,
2005.
The contract stipulates the amount is only an estimate, and that the cost of
the Developer's share of the Milwaukee Project could be lesser or greater
than the estimated amount. Subject to the limitation described in the
following sentence, the Developer agrees in the contract to pay the actual
bid cost.
If the actual bid cost is greater than five percent of the estimated amount,
the City of Lubbock and the Developer agree to negotiate the costs in
excess of the Estimated amount.
FISCAL IMPACT:
The total cost of the Milwaukee Project is estimated at $17,41,802. The
cost to the City of Lubbock for their share of the project is $13,775,727.
The project will be funded out of the Gateway Fund.
The Milwaukee Project will benefit both the local Developers with
frontage along Milwaukee Avenue and the City of Lubbock by completing
the paving of Milwaukee Avenue in a timely manner.
Staff recommended approval of this resolution.
At this time, motion was made by Council Member Gilbreath, seconded by
Council Member Boren to pass Resolution No. 2004-RO437 as amended.
Motion carried: 6 Yeas, 0 Nays.
1:53 P. M. CITY COUNCIL RECESSED TO WORK SESSION AFTER
RECONSIDERATION OF ITEMS 35 AND 36.
208
Regular City Council Meeting
September 16, 2004
Page 209
1:59 P. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
The next item considered was Item 57.
(37.) Resolution No. 2004-RO439 authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and S and S Commercial Properties LLC for the Milwaukee Avenue
paving project from 341h to 92nd Streets (Planning and
Transportation).
RESOLUTION NO.2004-RO439
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, conditioned upon the execution and delivery of, on or before September 27,
2004, the Development Agreements to the City of Lubbock, in the same form as attached
hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P.,
covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City
of Lubbock, a Development Agreement between the City of Lubbock and S & S
Commercial Properties, LLC, for the design and construction of Milwaukee Avenue.
Said Development Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith for Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
The City of Lubbock has been working with local Developers on the Milwaukee paving
project, which involves paving Milwaukee Avenue from 341h to 92°d Streets. Contracting
with the Developers with frontage on Milwaukee Avenue will allow the City of Lubbock
to complete the project in its entirety and will benefit the City by realizing cost savings
due to economies of scale and due to drainage and infrastructure installation, such as
storm water, water, sewer, and other utility pipelines. The project will be an economic
benefit to the Developers with property fronting Milwaukee Avenue by making their
development more viable with this improvement. The project is being engineered by
Parkhill, Smith & Cooper.
The City of Lubbock has determined an estimate of the cost of the
Developer's share of the Milwaukee Avenue project and the development
contract requires the Developer to pay in cash or submit an irrevocable
letter of credit for the estimated amount by October 1, 2004. The estimated
amount is the Developer's share of the total cost of the project, which
209
Regular City Council Meeting
September 16, 2004
Page 210
includes, paving, water, sewer, and storm water, minus %2 the difference
between concrete and asphalt paving. The contract requires the City of
Lubbock to furnish the Developer with a description of the land needed for
the paving and drainage, water, and sewer construction by February 1,
2005 and the Developer is required to dedicate, at no cost to the City, all
land and real property interests necessary for the construction by March 1,
2005.
The contract stipulates the amount is only an estimate, and that the cost of
the Developer's share of the Milwaukee Project could be lesser or greater
than the estimated amount. Subject to the limitation described in the
following sentence, the Developer agrees in the contract to pay the actual
bid cost.
If the actual bid cost is greater than five percent of the estimated amount,
the City of Lubbock and the Developer agree to negotiate the costs in
excess of the Estimated amount.
FISCAL IMPACT:
The total cost of the Milwaukee Project is estimated at $17,41,802. The
cost to the City of Lubbock for their share of the project is $13,775,727.
The project will be funded out of the Gateway Fund.
The Milwaukee Project will benefit both the local Developers with
frontage along Milwaukee Avenue and the City of Lubbock by completing
the paving of Milwaukee Avenue in a timely manner.
Staff recommended approval of this resolution.
(38.) Resolution No. 2004-RO440 authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and Bacon Crest, LTD for the Milwaukee Avenue paving project
from 341h to 92nd Streets (Planning and Transportation).
RESOLUTION NO.2004-RO440
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, conditioned upon the execution and delivery of, on or before September 27,
2004, the Development Agreements to the City of Lubbock, in the same form as attached
hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P.,
covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City
of Lubbock, a Development Agreement between the City of Lubbock and Bacon Crest,
LTD, for the design and construction of Milwaukee Avenue. Said Development
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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September 16, 2004
Page 211
APPROVED AS TO CONTENT:
/s/ R. Keith Smith for Larry Hertel
Lang Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Development Agreement is filed with Resolution No. 2004-R0440.
The City of Lubbock has been working with local Developers on the
Milwaukee paving project, which involves paving Milwaukee Avenue from
30 to 92"d Streets. Contracting with the Developers with frontage on
Milwaukee Avenue will allow the City of Lubbock to complete the project in
its entirety and will benefit the City by realizing cost savings due to economies
of scale and due to drainage and infrastructure installation, such as storm
water, water, sewer, and other utility pipelines. The project will be an
economic benefit to the Developers with property fronting Milwaukee Avenue
by making their development more viable with this improvement. The project
is being engineered by Parkhill, Smith & Cooper.
The City of Lubbock has determined an estimate of the cost of the
Developer's share of the Milwaukee Avenue project and the development
contract requires the Developer to pay in cash or submit an irrevocable
letter of credit for the estimated amount by October 1, 2004. The estimated
amount is the Developer's share of the total cost of the project, which
includes, paving, water, sewer, and storm water, minus 1/2 the difference
between concrete and asphalt paving. The contract requires the City of
Lubbock to furnish the Developer with a description of the land needed for
the paving and drainage, water, and sewer construction by February 1,
2005 and the Developer is required to dedicate, at no cost to the City, all
land and real property interests necessary for the construction by March 1,
2005.
The contract stipulates the amount is only an estimate, and that the cost of
the Developer's share of the Milwaukee Project could be lesser or greater
than the estimated amount. Subject to the limitation described in the
following sentence, the Developer agrees in the contract to pay the actual
bid cost.
If the actual bid cost is greater than five percent of the estimated amount,
the City of Lubbock and the Developer agree to negotiate the costs in
excess of the Estimated amount.
FISCAL IMPACT:
The total cost of the Milwaukee Project is estimated at $17,41,802. The
cost to the City of Lubbock for their share of the project is $13,775,727.
The project will be funded out of the Gateway Fund.
The Milwaukee Project will benefit both the local Developers with
frontage along Milwaukee Avenue and the City of Lubbock by completing
the paving of Milwaukee Avenue in a timely manner.
Staff recommended approval of this item.
211
Regular City Council Meeting
September 16, 2004
Page 212
(39.) Resolution No. 2004-RO441 authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and Milwaukee, LTD for the Milwaukee Avenue paving project from
341h to 92nd Streets (Planning and Transportation).
RESOLUTION NO.2004-RO441
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, conditioned upon the execution and delivery of, on or before September 27,
2004, the Development Agreements to the City of Lubbock, in the same form as attached
hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P.,
covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City
of Lubbock, a Development Agreement between the City of Lubbock and Milwaukee,
LTD, for the design and construction of Milwaukee Avenue. Said Development
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith for Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Development Agreement is filed with Resolution No. 2004-RO441.
The City of Lubbock has been working with local Developers on the
Milwaukee paving project, which involves paving Milwaukee Avenue from
30 to 92°d Streets. Contracting with the Developers with frontage on
Milwaukee Avenue will allow the City of Lubbock to complete the project in
its entirety and will benefit the City by realizing cost savings due to economies
of scale and due to drainage and infrastructure installation, such as storm
water, water, sewer, and other utility pipelines. The project will be an
economic benefit to the Developers with property fronting Milwaukee Avenue
by making their development more viable with this improvement. The project
is being engineered by Parkhill, Smith & Cooper.
The City of Lubbock has determined an estimate of the cost of the
Developer's share of the Milwaukee Avenue project and the development
contract requires the Developer to pay in cash or submit an irrevocable
letter of credit for the estimated amount by October 1, 2004. The estimated
amount is the Developer's share of the total cost of the project, which
includes, paving, water, sewer, and storm water, minus %2 the difference
between concrete and asphalt paving. The contract requires the City of
212
Regular City Council. Meeting
September 16, 2004
Page 213
Lubbock to furnish the Developer with a description of the land needed for
the paving and drainage, water, and sewer construction by February 1,
2005 and the Developer is required to dedicate, at no cost to the City, all
land and real property interests necessary for the construction by March 1,
2005.
The contract stipulates the amount is only an estimate, and that the cost of
the Developer's share of the Milwaukee Project could be lesser or greater
than the estimated amount. Subject to the limitation described in the
following sentence, the Developer agrees in the contract to pay the actual
bid cost.
If the actual bid cost is greater than five percent of the estimated amount,
the City of Lubbock and the Developer agree to negotiate the costs in
excess of the Estimated amount.
FISCAL IMPACT:
The total cost of the Milwaukee Project is estimated at $17,41,802. The
cost to the City of Lubbock for their share of the project is $13,775,727.
The project will be funded out of the Gateway Fund.
The Milwaukee Project will benefit both the local Developers with
frontage along Milwaukee Avenue and the City of Lubbock by completing
the paving of Milwaukee Avenue in a timely manner.
Staff recommended approval of this resolution.
(39A.) Resolution No. 2004-RO442 authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and S and S Commercial Properties LLC for the Milwaukee Avenue
paving project from 341h to 92nd Streets (Planning and
Transportation).
RESOLUTION NO.2004-RO442
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, conditioned upon the execution and delivery of, on or before September 27,
2004, the Development Agreements to the City of Lubbock, in the same form as attached
hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P.,
covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City
of Lubbock, a Development Agreement between the City of Lubbock and S & S
Commercial Properties, LLC, for the design and construction of Milwaukee Avenue.
Said Development Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza _
Rebecca Garza, City Secretary
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Regular City Council Meeting
September 16, 2004
Page 214
APPROVED AS TO CONTENT:
/s/ R. Keith Smith for Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Development Agreement is filed with Resolution No. 2004-R0442.
The City of Lubbock has been working with local Developers on the
MilwaukeeSaving project, which involves paving Milwaukee Avenue from
34`h to 92 Streets. Contracting with the Developers with frontage on
Milwaukee Avenue will allow the City of Lubbock to complete the project in
its entirety and will benefit the City by realizing cost savings due to economies
of scale and due to drainage and infrastructure installation, such as storm
water, water, sewer, and other utility pipelines. The project will be an
economic benefit to the Developers with property fronting Milwaukee Avenue
by making their development more viable with this improvement. The project
is being engineered by Parkhill, Smith & Cooper.
The City of Lubbock has determined an estimate of the cost of the
Developer's share of the Milwaukee Avenue project and the development
contract requires the Developer to pay in cash or submit an irrevocable
letter of credit for the estimated amount by October 1, 2004. The estimated
amount is the Developer's share of the total cost of the project, which
includes, paving, water, sewer, and storm water, minus '/2 the difference
between concrete and asphalt paving. The contract requires the City of
Lubbock to furnish the Developer with a description of the land needed for
the paving and drainage, water, and sewer construction by February 1,
2005 and the Developer is required to dedicate, at no cost to the City, all
land and real property interests necessary for the construction by March 1,
2005.
The contract stipulates the amount is only an estimate, and that the cost of
the Developer's share of the Milwaukee Project could be lesser or greater
than the estimated amount. Subject to the limitation described in the
following sentence, the Developer agrees in the contract to pay the actual
bid cost.
If the actual bid cost is greater than five percent of the estimated amount,
the City of Lubbock and the Developer agree to negotiate the costs in
excess of the Estimated amount.
FISCAL IMPACT:
The total cost of the Milwaukee Project is estimated at $17,41,802. The
cost to the City of Lubbock for their share of the project is $13,775,727.
The project will be funded out of the Gateway Fund.
The Milwaukee Project will benefit both the local Developers with
frontage along Milwaukee Avenue and the City of Lubbock by completing
the paving of Milwaukee Avenue in a timely manner.
Staff recommended approval of this resolution.
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Regular City Council Meeting
September 16, 2004
Page 215
Resolution No. 2004-RO443 authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and Dan A. Day, Inc., General Partner of Day Estates, LTD for the
Milwaukee Avenue paving project from 341h to 92nd Streets (Planning
and Transportation).
(40.)
RESOLUTION NO.2004-RO443
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, conditioned upon the execution and delivery of, on or before September 27,
2004, the Development Agreements to the City of Lubbock, in the same form as attached
hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P.,
covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City
of Lubbock, a Development Agreement between the City of Lubbock and Day Estates,
Inc., for the design and construction of Milwaukee Avenue. Said Development
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith for Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Development Agreement is filed with Resolution No. 2004-R0443.
The City of Lubbock has been working with local Developers on the
Milwaukee paving project, which involves paving Milwaukee Avenue
from 341h to 92°d Streets. Contracting with the Developers with frontage on
Milwaukee Avenue will allow the City of Lubbock to complete the project
in its entirety and will benefit the City by realizing cost savings due to
economies of scale and due to drainage and infrastructure installation,
such as storm water, water, sewer, and other utility pipelines. The project
will be an economic benefit to the Developers with property fronting
Milwaukee Avenue by making their development more viable with this
improvement. The project is being engineered by Parkhill, Smith &
Cooper.
The City of Lubbock has determined an estimate of the cost of the
Developer's share of the Milwaukee Avenue project and the development
contract requires the Developer to pay in cash or submit an irrevocable
letter of credit for the estimated amount by October 1, 2004. The estimated
amount is the Developer's share of the total cost of the project, which
a
Regular City Council Meeting
September 16, 2004
Page 216
includes, paving, water, sewer, and stone water, minus '/z the difference
between concrete and asphalt paving. The contract requires the City of
Lubbock to furnish the Developer with a description of the land needed for
the paving and drainage, water, and sewer construction by February 1,
2005 and the Developer is required to dedicate, at no cost to the City, all
land and real property interests necessary for the construction by March 1,
2005.
The contract stipulates the amount is only an estimate, and that the cost of
the Developer's share of the Milwaukee Project could be lesser or greater
than the estimated amount. Subject to the limitation described in the
following sentence, the Developer agrees in the contract to pay the actual
bid cost.
If the actual bid cost is greater than five percent of the estimated amount,
the City of Lubbock and the Developer agree to negotiate the costs in
excess of the Estimated amount.
FISCAL IMPACT:
The total cost of the Milwaukee Project is estimated at $17,41,802. The
cost to the City of Lubbock for their share of the project is $13,775,727.
The project will be funded out of the Gateway Fund.
The Milwaukee Project will benefit both the local Developers with
frontage along Milwaukee Avenue and the City of Lubbock by completing
the paving of Milwaukee Avenue in a timely manner.
Staff recommended approval of this resolution.
(41.) Resolution No. 2004-R authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and (Hodges) for the Milwaukee Avenue paving project from 34th to
92"d Streets (Planning and Transportation).
This item was deleted.
(42.) Resolution No. 2004-R authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and Christian City View Fellowship for the Milwaukee Avenue
paving project from 341h to 92"d Streets (Planning and Transportation).
This item was deleted.
(43.) Resolution No. 2004-RO444 authorizing the Mayor to execute a
Development Agreement, by and between the City of Lubbock, Texas
and the Sonny Arnold Trust by Plains Capital Wealth Management
Company for the Milwaukee Avenue paving project from 341h to 92"d
Streets (Planning and Transportation).
RESOLUTION NO.2004-RO444
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, conditioned upon the execution and delivery of, on or before September 27,
2004, the Development Agreements to the City of Lubbock, in the same form as attached
hereto, by (i) Christian City View Fellowship; and (ii) Hub West Development, L.P.,
covering the Milwaukee Avenue Paving Project, to execute for and on behalf of the City
of Lubbock, a Development Agreement between the City of Lubbock and the Sonny
Arnold Trust, for the design and construction of Milwaukee Avenue. Said Development
216
Regular City Council Meeting
September 16, 2004
Page 217
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith for Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City .Attorney
A copy of the Development Agreement is filed with Resolution No. 2004-R0444.
The City of Lubbock has been working with local Developers on the
MilwaukeeSaving project, which involves paving Milwaukee Avenue from
34'h to 92 Streets. Contracting with the Developers with frontage on
Milwaukee Avenue will allow the City of Lubbock to complete the project in
its entirety and will benefit the City by realizing cost savings due to economies
of scale and due to drainage and infrastructure installation, such as storm
water, water, sewer, and other utility pipelines. The project will be an
economic benefit to the Developers with property fronting Milwaukee Avenue
by making their development more viable with this improvement. The project
is being engineered by Parkhill, Smith & Cooper.
The City of Lubbock has determined an estimate of the cost of the
Developer's share of the Milwaukee Avenue project and the development
contract requires the Developer to pay in cash or submit an irrevocable
letter of credit for the estimated amount by October 1, 2004. The estimated
amount is the Developer's share of the total cost of the project, which
includes, paving, water, sewer, and storm water, minus %2 the difference
between concrete and asphalt paving. The contract requires the City of
Lubbock to furnish the Developer with a description of the land needed for
the paving and drainage, water, and sewer construction by February 1,
2005 and the Developer is required to dedicate, at no cost to the City, all
land and real property interests necessary for the construction by March 1,
2005.
The contract stipulates the amount is only an estimate, and that the cost of
the Developer's share of the Milwaukee Project could be lesser or greater
than the estimated amount. Subject to the limitation described in the
following sentence, the Developer agrees in the contract to pay the actual
bid cost.
If the; actual bid cost is greater than five percent of the estimated amount,
the City of Lubbock and the Developer agree to negotiate the costs in
excess of the Estimated amount.
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Regular City Council Meeting
September 16, 2004
Page 218
FISCAL IMPACT:
The total cost of the Milwaukee Project is estimated at $17,41,802. The
cost to the City of Lubbock for their share of the project is $13,775,727.
The project will be funded out of the Gateway Fund.
The Milwaukee Project will benefit both the local Developers with
frontage along Milwaukee Avenue and the City of Lubbock by completing
the paving of Milwaukee Avenue in a timely manner.
Staff recommended approval of this resolution.
(44.) Resolution No. 2004-RO445 - BID #023-04/DC— for Meal Service for
Senior Citizen Centers (Parks and Recreation).
RESOLUTION NO.2004-RO445
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for meal service
for senior citizen centers, by and between the City of Lubbock and Aramark Educational
Services, Inc. of Lubbock, Texas, and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Corbin Pemberton
Corbin Pemberton
Parks and Recreation Director
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0445.
The purpose of this bid is to contract a food service provider for the Senior
Meal Program. The program provides a hot meal that targets citizens 60
years of age, or older, for a recommended donation of $2 per meal. Meals
are required to meet one-third recommended daily allowances as
established by the Texas Department of Aging Regulations. The meal
menus are developed by a licensed dietician, employed by the South Plains
Association of Governments, and meals are then prepared and delivered by
the contractor.
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Regular City Council Meeting
September 16, 2004
Page 219
Bids for the senior citizens meal service were submitted by ARAMARK
Educational Services, Inc. and the South Plains Food Bank, Inc. Bids were
taken on the vended service of 72,000 meals.
Unit prices submitted were as follows:
- A]tAMARK Educational Services, Inc. - $2.35 per meal
- South Plains Food Bank, Inc. - $2.30 per meal
This bid was awarded to South Plains Food Bank at the March 23, 2004
City Council meeting and service began on April 3, 2004. On August 2,
South. Plains Food Bank notified the City of their intention to terminate the
contract citing rising costs of food, labor, gasoline, plastics and paper
goods that have contributed to their inability to break even on expenses.
Staff now recommended that City Council award the bid for the Senior
Meal Program to the second low bidder.
One hundred twenty-four local businesses were notified of this Invitation
to Bid.
FISCAL IMPACT:
A total of $169,200 was appropriated and $169,200 is available in project
number 84012.8302 (Professional Services) for this purpose.
Award contract to Aramark Educational Services, Inc. of Lubbock, Texas
for $169,200.
(45.) Resolution No. 2004-RO446 - BID #04-130/RS— for 56,000 Pound
GVWR Truck Cab and Chassis (Fleet Services).
RESOLUTION NO.2004-RO446
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a
56,000 pound GVWR truck cab and chassis, by and between the City of Lubbock and
Lubbock Truck Sales, Inc. of Lubbock, Texas, and related documents. Said Purchase
Order is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council this 16th day of September, 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
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APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Purchase Order is filed with Resolution No. 2004-R0446.
This bid is for the purchase of two 56,000-pound GVWR truck cabs and
chassis to accommodate refurbished 33 cubic yard side loading packer
bodies. This equipment will be used by the Solid Waste Department to
pick up trash from dumpsters in alleys.
The purpose of this bid is to replace older trucks that have become
expensive to maintain due to daily wear and tear. This purchase is also part
of an effort to evaluate if refurbishing equipment is a cost effective
alternative to purchasing new packer bodies.
Bids were solicited for two cabs and chassis with 300 horsepower engines
and an alternate bid for two cabs and chassis with 250 horsepower
engines. Staff recommended City Council award the alternate bid to
Lubbock Truck Sales of Lubbock, Texas for one cab and chassis with a
180-day delivery and one cab and chassis with a one -day delivery.
Eight local businesses were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $200,000 was appropriated with $200,000 available in Project
90340 (Major Capital Equipment Replacement 2003-2004) for this
purpose.
Staff recommended bid award to Lubbock Truck Sales, Inc. of Lubbock,
Texas for $130,830.
(46.) Resolution No. 2004-RO447 - BID #063-041BM—for Laboratory
Analysis of Soil Samples — Annual Pricing (Public Works).
RESOLUTION NO.2004-RO447
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for laboratory
analysis of soil samples -annual pricing, by and between the City of Lubbock and
Servi-Tech, Inc. of Dodge City, Kansas, 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 16th day of September, 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
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APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract filed with Resolution No. 2004-R0447.
This contract is for independent laboratory analysis of soil samples taken
at the land application sites for the following constituents: Total Nitrogen,
Nitrate-N Ammonia, Phosphorus, Potassium, Sodium, Magnesium,
Calcium, SAR, Soluble Salts/EC and pH. Independent laboratory analysis
is required by Texas Commission on Environmental Quality in order to
comply with Texas Pollutant Discharge Elimination System permit
numbers 10353-002 and 13550-01.
The contract term is one year with an option to renew annually for up to
two additional one-year terms.
Four local firms were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $17,000 was appropriated with $17,000 available in Account
6421.8302 (Sampling and Monitoring Professional Services) for this
purpose.
Staff recommended bid award to Servi-Tech, Inc. of Dodge City, Kansas
for $1.1,298 annually.
(47.) Resolution No. 2004-R
Drainage Improvements
(Storm Water).
This item was deleted.
- BID #001-04/VK—for South Lubbock
Project Package #1 — Main Trunk Line
(48.) Resolution No. 2004-RO448 - RFP #104-04/DC— for Financial
Advisory Services (Finance).
RESOLUTION NO. 2004-RO448
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for financial
advisory services, by and between the City of Lubbock and First Southwest of Lubbock,
Texas, and related documents. Said Contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2004-R0448.
The City's contract with First Southwest Company expires September 30,
2004. Due to the expiration of this contract, the City issued a Request for
Proposal from firms that perform financial advisory services. Staff
received proposals from the following firms:
• Coastal Securities of Houston, Texas — a Houston -based regional
securities firm. The firm was founded in 1991 as a broker -dealer
focusing on fixed income securities and has been providing financial
advisory services to Texas issuers since its inception.
• Estrada Hinojosa & Comirany, Inc. of Dallas, Texas — established in
1990. The firm specializes in Public Finance, with particular strength
in municipal financial advisory and municipal underwriting services.
• First Southwest Company of Lubbock. Texas — founded in 1946 in
Dallas, Texas. The primary focus of the firm continues to be delivery
and execution of quality financial advisory and underwriting services
to state and local governmental entities.
• Public Financial Management of Austin, Texas — the nation's leading
financial advisory firm, with an established office in Austin, Texas.
• RBC Dain Rauscher, Inc. of Houston, Texas — founded in 1909. RBC
Dain Rauscher's Fixed Income Banking group, part of the RBC
Financial Group, is among the largest fixed income investment
banking operations in the United States.
• Southwest Securities of Dallas, Texas — founded and based in Dallas,
Texas. The largest publicly held full service securities firm based in
Texas that is a member of the New York Stock Exchange.
A Selection Committee was formed to review and rate the proposals
submitted by the firms listed above. The proposals were distributed and
the method of evaluation was presented on July 19, 2004. The Committee
used the basic evaluation methods in the Evaluation Procedures for
Competitive Negotiation for Professional & Non -Professional Services of
the City Purchasing Department. The Committee met on July 30, 2004 to
discuss and formally make a recommendation for award of this contract.
The evaluation criteria in the RFP included: 1) the firm's experience in
performing work as described in "Scope of Work", 2) the experience and
qualification of the firm's staff who will be actively involved in the
performance of this contract, 3) extensive municipal experience, and 4)
price. Each Committee member reviewed and rated each proposal.
Members submitted their scores after studying each report. Overall, First
Southwest Company received the highest score of 96.7% and Southwest
Securities was second at 94.2%, followed by the other firms with scores
ranging from 87.7% to 92.5%.
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City staff contacted references given by all firms. Out of 17 references,
only two negative references were received. The firm receiving the two
negative references scored third overall in the Committee's analysis. First
Southwest Company received exemplary references.
The Selection Committee recommended contract award to First Southwest
Company of Lubbock, Texas. For over 55 years, the City of Lubbock has
had a positive and productive business relationship with First Southwest
Company. The representatives at First Southwest Company have a strong
knowledge of the City of Lubbock's operations and financial practices.
Reasons for maintaining the relationship with First Southwest Company
include:
• First Southwest Company has a long history with the City of Lubbock
and knows the City of Lubbock's financial history. This leads to better -
informed communication with bond raters and underwriters. Their
knowledge of key financial events and general practices, as well as
economic climate, manifests itself in the efficient process of preparing
the official statement -offering document.
• First Southwest Company has been very responsive to the City of
Lubbock's needs. The City of Lubbock receives superior service in the
bond issuance process. First Southwest Company also provides a great
deal of financial analysis and "what if' types of scenarios to assist
management as they evaluate financing alternatives.
One local firm was notified of this Request for Proposal.
FISCAL IMPACT:
First Southwest charges fees on a "per bond issue" basis.
Staff recommended bid award to First Southwest Company of Lubbock,
Texas.
(49.) Resolution No. 2004-R0449 - RFQ #055-04NK—for Lubbock
International Airport Master Plan (Aviation).
RESOLUTION NO.2004-R0449
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for
Engineering Services with Parkhill, Smith, & Cooper, Inc. to update the Master Plan for
Lubbock International Airport, and all related documents. Said Agreement is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be included
in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ James Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Contract is filed with Resolution No. 2004-R0449.
One of several mandates that the Federal Aviation Administration makes
on all certificated air carrier airports is that the airport operates under the
auspices of an approved master plan. Our current plan completed in 1992
is beyond its programmed planning and implementation cycle and is due
for an update. Pursuant to the City's procurement process for professional
services, an evaluation committee examined and ranked responses from
six planning and engineering firms as follows:
1. Parkhill, Smith & Cooper of Lubbock, Texas 90%
2. PB Aviation of Austin, Texas 89%
3. Delta Airport Consultants of Austin, Texas 82%
4. Ricondo and Associates, Inc. 82%
of San Antonio, Texas
5. URS Corporation of Dallas, Texas 77%
6. Bucher, Willis and Ratliff 66%
of Kansas City, Missouri
The Committee recommended Parkhill, Smith & Cooper for this
engagement and staff has negotiated an agreement. The agreement
provides for public involvement in the planning process, adherence to all
applicable FAA orders, Federal Aviation Regulations and Advisory
Circulars, especially AC 150/5300-13, an examination of existing
conditions and future demand based on forecasts, a financial plan, a capital
improvement plan and implementation schedule, and a development plan
with alternatives.
Forty-two local firms were notified of this Request for Qualifications.
FISCAL IMPACT:
A total of $500,000 was appropriated with $500,000 available in Project
90159 (New Airport Master Plan) for this purpose. The cost set out in the
agreement is not to exceed a lump sum of $500,000. The approved funding
is made up of $450,000 of entitlement money from this year's AIP
entitlement grant and $50,000 of Passenger Facility Charges (PFC) as
approved in our current PFC plan.
Staff recommended bid award to Parkhill, Smith & Cooper of Lubbock,
Texas for $500,000.
The next items considered were Items 50-52.
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ORDINANCES FOR PASSAGE
Second Readinp-
Items 50-52 were considered following Item 49.
(50.) ORDINANCE NO. 2004-00092—ZONE CASE NO. 3000-A
(2201-•2223 Main Street south side): 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. (second
and final 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.
Motion was made by Council Member Gilbreath, seconded by Council
Member DeLeon to pass on second and final reading Ordinance No.
2004-•00092 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(51.) ORDINANCE NO. 2004-00093—ZONE CASE NO. 2603-A (2100
block: Main Street, north side between Avenues T and U): 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 (second and final 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, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass on second and final reading Ordinance No.
2004-00093 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(52.) ORDINANCE NO. 2004-00098—ZONE CASE NO. 2255-0 (5802
and 5806 641e Street): Consider request of Rodney Warren for a
zoning change from GO & GO Specific Use to C-4 Specific Use for a
drivem-thru restaurant, on Lot 4, Spur 327 Business Park Addition
(second and final reading).
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
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CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass on second and final reading Ordinance No.
2004-00098 as recommended by staff. Motion carried: 5 Yeas, 1 Nay.
Mayor Pro Tern Martin voted Nay.
At this time, Mayor Pro Tern Martin asked that Items 35 and 36 be
reopened.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to reopen Items 35 and 36. Motion carried: 6 Yeas, 0
Nays.
At this time, Items 35 and 36 were reopened.
5:01 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Pro Tern Tom Martin; Council Member Gary O. Boren;
Council Member Linda DeLeon; Council Member Jim Gilbreath;
Council Member Phyllis Jones; Council Member Floyd Price; Lou
Fox, City Manager; Anita Burgess, City Attorney; and Rebecca
Garza, City Secretary
Absent: No one
Item 52A was the first item considered after City Council reconvened
at 5:01 P. M. and this item was followed by Items 53-56.
(52A.) Resolution No. 2004-RO450 ratifying the City Manager's action
terminating the Annual Buddy Holly Symposium License Agreement.
RESOLUTION NO.2004-RO450
WHEREAS, the City of Lubbock entered into a License Agreement
between the Buddy Holly Center Museum and Maria Elena Holly for use of the Buddy
Holly Name in connection with the Buddy Holly Symposium, March 14, 2002; and
WHEREAS, the License renews yearly unless either the Licensor or
Licensee provides written notice to the other party that it does not wish to renew the
License for the following year no later than October 31; and
WHEREAS, the City Manager has given notice in a letter dated September
13, 2004, that the City does not wish to renew the License; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock ratifies the action of the City Manager in
giving notice to Maria Elena Holly that the City does not wish to renew the License for
use of the Buddy Holly Name in connection with the Buddy Holly Symposium for 2005
and thereafter.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
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ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney,
Office Practice Section
In September 2001, the Buddy Holly Center collaborated with Texas Tech
University, Texas Monthly Magazine, and the Texas Music Office, Office
of the Governor to present "Not Fade Away: The Life and Times of
Buddy Holly". It was the first academic symposium on the popular culture
of the 1950s, which influenced early Rock and Roll and the continuing
impact of that music. Music historians and scholars from across the United
States participated in a three-day event, which included presentations,
lectures, discussions, performances, and concerts at Texas Tech University
and the Buddy Holly Center.
Because of the success of the 2001 Symposium, on March 4, 2002, the
City of Lubbock signed an annual license agreement with Maria Elena
Holly for $30,000 to enable the Buddy Holly Center to present an annual
Buddy Holly Music Symposium using Buddy Holly's name to promote
concerts and events as part of the program.
The license agreement will be in effect through February 2009, unless
terminated by written notice no later than October 31 in the year prior to
the event. The license agreement allows the City of Lubbock to renew the
contract annually without having to renegotiate the terms of the agreement
each year. If written notice is given to terminate, it will not renew for next
year or for any future years.
FISCAL IMPACT:
History of how license fee was paid:
2001: Market Lubbock
2002: Market Lubbock
2003: Market Lubbock
2004: Hotel/Motel Tax Special Projects Fund
2005: Not budgeted
Staff sought Council's direction.
Corbin Pemberton, Director of Parks and Recreation, gave comments. He
read the following letter from the Entertainment Task Force.
"The Entertainment Lubbock Task Force recommends that the City
Council ratify the Mayor's decision regarding the License Agreement for a
Buddy Holly Symposium. This recommendation is based on an extensive
history of unsuccessful negotiations in regard to monetary and control
issues of any festival that is in any way connected to this symposium.
The annual fee paid to Mrs. Holly was a major issue that could not be
resolved through negotiations. In addition to the $30,000 that is paid
annually for the Symposium, Mrs. Holly's first demand was for $40,000
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for the added music festival. As you know, the City was willing to offer
$20,000 for the music festival. They extended an offer to the City Of
Lubbock for $30,000 for the 2004 music festival with higher guaranteed
commitments in 2005 and beyond.
Furthermore, Mrs. Holly, through her attorneys, required that she approve
any festival sponsors. If a sponsor was approved, fifty (50) percent of
sponsorship proceeds were to be given to Mrs. Holly in the first year of the
agreement. In subsequent years, the sponsorship fees would have to be
renegotiated. This seriously damages the ability of the festival organizers
to properly fund the event to its fullest capacity. As such, this is
unacceptable.
Another unreasonable requirement is that the agreement be subject to laws
of Indiana. All parties live in Texas, the event is in Texas, and Lubbock is
a Home Rule Municipality in the State of Texas. There is no justification
for Indiana Law.
After months of trying to enhance the Buddy Holly Symposium,
negotiations ended when they were not willing to remove their
unreasonable demands for control and money. During negotiations and
shortly after the negotiations ended, we received several communications
from Mrs. Holly's attorneys that threatened litigation if the City Of
Lubbock proceeded with a music festival in the same time frame of the
symposium. Claiming that the music festival would detract from the
symposium and dilute the events, Mrs. Holly's attorneys advised us that
they would view Any music -related festival that is held at the same time as
the symposium as an intentionally hostile act toward Mrs. Holly
Due to this risk of litigation, we would deem it to be an unsound business
practice for the City Of Lubbock to enter into any future negotiations with
Mrs. Holly for the use of Buddy Holly's name for a symposium or music
festival. Any attempt to do so will create further delays in producing a
world -class music festival."
Mayor McDougal gave comments. He stated to the new council members
that this was a subject that in February of 2004, City Council made the
decision to hold off on this year's festival and move forward next year
with the full-blown event to try to avoid any of the threatened litigation.
Mayor McDougal also recognized members of the Task Force who were
present.
Council Member Boren gave comments. He stated he attended some of
the events for the Symposium and enjoyed them. He added that hearing
the music made you to proud to be from Lubbock and would like to honor
Buddy Holly. He discussed not only recognizing Buddy Holly, but every
music act. Many national and international stars have come from Lubbock
and West Texas, who also need to be recognized. Council Member Boren
stated he had hoped to merge the Buddy Holly Symposium and the Music
Festival. However, the estate of Buddy Holly will not cooperate with the
City of Lubbock.
Motion was made by Council Member Jones, seconded by Mayor Pro Tern
Martin to pass Resolution No. 2004-R0450. Motion carried: 7 Yeas, 0
Nays.
LAKE ALAN HENRY
(53.) Resolution No. 2004-R0451 accepting the Brazos River Authority FY
2005 budget for Lake Alan Henry (Water Utilities).
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Page 229 RESOLUTION NO. 2004-R0451
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby accepts for and on behalf
of the City of Lubbock, the Brazos River Authority FY 2005 Budget for Lake Alan
Henry. Said FY 2005 Budget and Brazos River Authority letter of August 12, 2004 are
attached as Exhibit "A" and Exhibit `B", respectively, and incorporated in this Resolution
as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Adams
Tom Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of Exhibits "A" and `B" is filed with Resolution No. 2004-R451.
On July 28, 2004, the Lake Alan Henry Working Group reviewed the
Brazos River Authority FY 2005 budget for Lake Alan Henry. They
recommended that three items be addressed and that the budget be placed
on the City Council agenda for review and acceptance. The items to be
addressed were to clarify that the capital project listed as Security Fence
has been modified to include only the construction and installation of
security gates on each side of the lake dam, to document that the City of
Lubbock will be allowed to use, at its discretion, equipment purchased in
this budget, such as backhoes, tractors, and other equipment when not
being used by Brazos River Authority personnel, and to change the process
of handling year-end overpayments to allow the City of Lubbock to be
reimbursed for any overpayment, instead of receiving credits in the next
year's billing process.
The Brazos River Authority Board of Directors approved the FY 2005
budget for Lake Alan Henry on July 26, 2004. The City of Lubbock will
therefore need to accept the budget with the three modifications mentioned
above. Brazos River Authority management has already provided a letter
to document their support for, and agreement with, all three items. Said
letter was attached as Exhibit B to the resolution in council backup.
FISCAL IMPACT:
The total financial requirement of the City of Lubbock in FY 2005 will be
$439,971, as shown on page 6 of the budget document. This is $11,658
more than the approved budget for FY 2004. Funding is provided through
the Water Reservoir/Center 6349 budget.
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Upon written request from the City of Lubbock, the Brazos River
Authority will provide full reimbursement of $175,000 to the City for
Operations and Maintenance Carryover Balance at 8/31/03, as listed on
page 5 of the FY 2005 budget.
Brazos River Authority management has addressed the recommendations
of the Lake Alan Henry Working Group. Staff presented this resolution for
consideration.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Boren to pass Resolution No. 2004-RO451 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(53A.) Resolution No. 2004-RO452 stating the intent of the City Council to
market raw water from Lake Alan Henry on a long-term lease
arrangement, up to and including the full amount permitted by the
Texas Commission on Environmental Quality (TCEQ).
RESOLUTION NO.2004-RO452
WHEREAS, the City of Lubbock was issued a Permit by the Texas Water
Commission, predecessor to the Texas Commission on Environmental Quality, Permit
Number 4146 (the "Permit"), authorizing the City of Lubbock to construct a dam and
reservoir on the South Fork of the Double Mountain Fork of the Brazos River; and
WHEREAS, the reservoir is known as Lake Alan Henry; and
WHEREAS, the Permit authorizes the City of Lubbock to divert and use 35,000
acre feet of water per year from Lake Alan Henry for municipal purposes; and
WHEREAS, the Permit does not require the City of Lubbock to maintain a
minimum conservation or recreation pool of water in Lake Alan Henry; and
WHEREAS, it is the City of Lubbock's desire and intent to market, until such
time as the City of Lubbock shall need said water for its own municipal water supply
purposes, raw water from Lake Alan Henry, up to and including the maximum amount
the City of Lubbock is authorized to divert pursuant to the Permit; and
WHEREAS, any such sale, conveyance or lease of raw water from Lake Alan
Henry may aid the City of Lubbock in acquiring additional supplies of water for its
citizens and/or its efforts to reuse its waste water; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of Lubbock expresses its intent to sell, convey or
lease raw water from Lake Alan Henry to governmental entities up to and including the
maximum amount permitted under the Permit without regard to any conservation or
recreation pool.
SECTION 2. THAT any such sale, conveyance or lease of the raw water from
Lake Alan Henry shall not occur until the City Council makes express findings (i) that the
City of Lubbock will not need such water for its municipal water supply for a period of at
least (20) twenty years; and (ii) that the sale, conveyance or lease of the raw water will
assist the City of Lubbock in fulfilling its financial obligations.
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Passed by the City Council this 16th day of September, 2004.
/S MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lou Fox
Lou Fox, City Manager
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
Lake Alan Henry was built as a water supply lake for the City of Lubbock
in 1993. The permit allows the diversion of up to 35,000 acre-feet per
year. Analysis of the lake water availability by Freese and Nichols, Inc. in
2003 indicates the firm annual is 22,500 acre-feet.
FISCAL IMPACT:
Sale of water from Lake Alan Henry would generate revenue to offset
some costs of the lake. This revenue could be used to improve the City of
Lubbock's water supply situation with other projects.
Staff sought Council direction.
Council Member Gilbreath asked for the purpose of this resolution and
why the City of Lubbock needed to do this now.
Council Member Boren stated that Lubbock is in negotiations with several
cities downstream of Lake Alan Henry. These entities, that will be buying
our raw water from us, will be making a substantial investment in
pipelines and infrastructure. The City of Lubbock is changing the
proposed current level and adding to it, so it can have this additional
acre-feet of water. Once we start selling water out of the lake, the lake, by
permit, is a scalping lake. Then we will be able to pay our principal and
interest payment. With any proceeds above that, we have made a
commitment to secure water for Lubbock upstream, up in the Panhandle or
other areas that are cost effective for us. This would make it better
marketing as we are meeting with the other areas.
Council Member Gilbreath asked if this gets us down below the recreation
level.
City Attorney Burgess stated this is an expression of intention by the
Council of a willingness to do so, up to our full permitted amount, which
is 35,000 acre-feet. If we preserve down to the recreational area, we
would estimate about 16,500 acre-feet, which we would have available for
marketing.
Motion was made by Council Member Boren, seconded by Mayor Pro
Tem :Martin to pass Resolution No. 2004-R0452 as recommended by staff.
Motion carried: 7 Yeas, 0 Nays.
231
Regular City Council Meeting
September 16, 2004
Page 232
(53B.) Resolution No. 2004-R amending Resolution No. 2003-R0017,
amending user fees for Lake Alan Henry.
This item was deleted.
(54.) Resolution No. 2004-R - BID #116-04/RS--for Sam Wahl
Recreation Area Comfort Station.
This item failed.
This project involves the construction of the Sam Wahl Recreational Area
Comfort Station at Lake Alan Henry. The Comfort Station will consist of
restrooms with showers, a covered picnic shelter, and related fixtures. The
project will provide clean, attractive, and sanitary restrooms for park users,
while reducing the number of rented portable toilets.
Eighty-one local contractors were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $2,554,938 was appropriated with $1,401,243 available in
Project 9492 (Lake Alan Henry Recreation Area Improvements) for this
purpose.
Staff recommended bid award to Pharr & Company of Lubbock, Texas for
$688,517.
Motion was made by Council Member Jones, seconded by Council
Member Price to pass Item 54.
Council Member Boren stated "It has been my intent since this first came
up, that I asked the Council to not vote on these issues to see if we could
negotiate and work out our differences with the various parties we had to
work with. As you recall, we had issues with Garza and Kent County. We
had issues with developers, with lot owners, with Lake Alan Henry Water
District Board and before we were to consider these, I asked that we allow
the -- a group of us to try to see if we could work through some of these
issues. Because what bothered me was that we were getting ready to put
in a beginning investment of $1.3m into the Sam Wahl Recreation Area,
which would be part of a $17m-$20m total project of the citizens of
Lubbock's tax money and I just didn't feel like it would be appropriate to
take the citizens' tax dollars and spend it on these kind of issues when we
have developers and a few lot owners who have chosen to disregard the
rules or regulations of the agreements that were put in place in 1986 when
Lubbock bought the land and secured the water for our citizens. The
Council agreed with that. Then we had a meeting approximately four
weeks ago, where we called all of the various parties in a meeting to
discuss our differences. Myself, Councilman Martin and Councilwoman
Jones was there and we had all the different parties and we discussed all
these issues and we made an effort to work through them. As far as
working through the law enforcement component part of having proper
law enforcement on Lake Alan Henry, we were able to work through that
and we worked with Judge Dalby, the County Judge of Garza County, and
T. Mann, Chief Mann, worked with us and we were able to secure our
agreement for the future year. And it went very positive and very good.
On working with the Lake Alan Henry Water District Board, as you know
Mayor, you were in the meeting, I was and I believe Tom Martin was and
we went through that meeting and we worked out our differences and I
feel like that, we haven't signed any agreement yet, but we pretty much
agreed to the issues in principle.
232
Regular City Council Meeting
September 16, 2004
Page 233
On the issues of asking the developer Kitten and North Ridge Estates to
remove their violation of their dock and of Templeton Mortgage, Lot 45
and for them to drop their lawsuits and to help us with these lawsuits, we
have riot been able to come to any agreement. And that being the case, I
don't think it's in the citizens of Lubbock's best interest to fund $1.3m
into the Sam Wahl Recreation Area. Several reasons would be, one is I
believe that if we spent the $1.3m and we put in these amenities, and they
are pretty expensive amenities, what we will be doing is enhancing the
value of the lake and rewarding bad behavior to a developer and certain lot
owners who have chosen to totally disregard our rules, our laws that we
have and be flagrant about it and then go to court and sue us and ask for
defamatory judgment on the City of Lubbock. And secondly, I think now
as we have gotten into this thing and you start really realizing where the
money comes come. Realize it comes from the citizens of Lubbock, the
ratepayers and the citizens, it comes from our revenue bonds. That means
we have to go and sell bonds to take revenue, to get the revenue from to
fund these projects and I can tell you folks, that as this Council is studying
our needs for Lubbock's future water supply. As we study the plans that
we are going to be needing to upgrade, modernize and retrofit to go to
streani quality discharge to look at ways of reusing our water that is going
to cost our community probably right now a minimum of $50m. And we
are going to have to work on that as a major project. So the two reasons, I
believe, is that we would be enhancing the developments out there,
because we are enhancing the lake and rewarding bad behavior and two,
another reason I would ask you to vote against this motion is because we
need the money ourselves to take care of a population of 206,000 people
that is growing. Currently at Lake Alan Henry, there are 433 lot owners,
approximately. Out of those approximate lot owners, 60 of them show
Lubbock addresses. Sixty of them show addresses in West Texas and
three hundred plus are owned by developers. So you have 60 folks that
have Lubbock addresses and I don't know how many of those 60 are
Lubbock citizens. I know some of them are not. And on one hand, you
have 206,000 Lubbock citizens and with our needs of dealing with our
water, our long-term water supply and our long-term water equipment
needs. Plus the fact, that revenues will now have to be taken that have
been secured through some of the gate fees, where we are going to use
those for litigation purposes and to fight legal battles, I don't believe it's in
Lubbock's best interest that we — that we support the motion that's on the
floor. At this time, I'd like to turn it over to Councilman Martin and let
him show the community and show you what some of the issues are that
we are dealing with and let you see a visual picture of how these folks
have had total disregard for the rules and regulations that they signed on to
when they purchased the land. When they bought these lots, when the
developer bought these lots from the original landowners, they signed deed
restrictions that spelled out what the rules and regulations were. When
they sold them, they signed — the lots owners signed the same information.
So, they knew what they were buying when they bought it. They knew
upfront. But now they have chosen to totally disregard the rules and these
regulations. So I don't think that it's in our best interest that we allow
this."
Mayor Pro Tern Martin showed a series of slides taken in recent days,
weeks and months of lots at Lake Alan Henry. They showed what the lot
owners have done to the lake area, even though they know the rules and
regulations, i.e. the building of a gazebo with which looks like an
interstate highway down to the lake, a boat dock installed by a developer.
The easement provides that a ramp can be built, but no docks. The slides
showed erosion of the soil into the lake, stone steps, which have been built
to the water, a boat landing, plus other violations.
233
Regular City Council Meeting
September 16, 2004
Page 234
At this time, Council Member Price withdrew his second.
Mayor McDougal asked if there was a second to Council Member Jones'
motion. Council Member DeLeon seconded the motion.
Mayor Pro Tern Martin stated he could not vote to spend the money.
Council Member Gilbreath stated he would vote against this item, but for a
different reason, which is the allocation of resources. He stated that the
issues with property owners are completely different from the comfort
station. He asked if the plans were somewhat more grandiose than
originally anticipated.
Randy Truesdell, Director of Community Services, stated that all along the
concept was to build something nice. So that is what was done.
At this time, Council Member Jones stated she agreed with protecting the
300-foot easement, protecting the integrity of the water and of the land.
She added that on January 1, 2003, Council voted to triple the fees and
told the citizens the fees were increased to build comfort stations. She
stated she believed Council should do what they told the citizens they were
going to do.
Mayor Pro Tern Martin stated the fees were not raised to pay for the
comfort station. They were to support the maintenance and operation of
the recreation center, which prior to that time had been paid for out of the
Water Revenue Fund. It was to set up a stream of revenue to make the
operation of the recreation center self-supporting.
Council Member Jones pulled her motion.
Motion was made by Council Member Boren to deny Item 54 — Bid
#116-04/RS. Due to the lack of a second, this item failed.
Mayor Pro Tem Martin asked that staff be directed to bring back some
estimates at the next council meeting or as soon as possible. As restrooms
are not being built, maybe Council can use the water bond funds for
preliminary engineering to give an idea of what it's going to cost to bring
that water back up to Lubbock.
(55.) Resolution No. 2004-R - BID #117-04/RS—for Sam Wahl
Recreation Area Comfort Station Utilities Package.
This item failed.
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.
234
Regular City Council Meeting
September 16, 2004
Page 235
Motion was made by Council Member Jones, seconded by Council
Member Price to pass Item 54.
Council Member Boren stated "It has been my intent since this first came
up, that I asked the Council to not vote on these issues to see if we could
negotiate and work out our differences with the various parties we had to
work with. As you recall, we had issues with Garza and Kent County. We
had issues with developers, with lot owners, with Lake Alan Henry Water
District Board and before we were to consider these, I asked that we allow
the -- a group of us to try to see if we could work through some of these
issues. Because what bothered me was that we were getting ready to put
in a beginning investment of $1.3m into the Sam Wahl Recreation Area,
which would be part of a $17m-$20m total project of the citizens of
Lubbock's tax money and I just didn't feel like it would be appropriate to
take the citizens' tax dollars and spend it on these kind of issues when we
have developers and a few lot owners who have chosen to disregard the
rules or regulations of the agreements that were put in place in 1986 when
Lubbock bought the land and secured the water for our citizens. The
Council agreed with that. Then we had a meeting approximately four
weeks ago, where we called all of the various parties in a meeting to
discuss our differences. Myself, Councilman Martin and Councilwoman
Jones was there and we had all the different parties and we discussed all
these issues and we made an effort to work through them. As far as
working through the law enforcement component part of having proper
law enforcement on Lake Alan Henry, we were able to work through that
and we worked with Judge Dalby, the County Judge of Garza County, and
T. Mann, Chief Mann, worked with us and we were able to secure our
agreement for the future year. And it went very positive and very good.
On working with the Lake Alan Henry Water District Board, as you know
Mayor, you were in the meeting, I was and I believe Tom Martin was and
we went through that meeting and we worked out our differences and I
feel like that, we haven't signed any agreement yet, but we pretty much
agreed to the issues in principle.
On the issues of asking the developer Kitten and North Ridge Estates to
remove their violation of their dock and of Templeton Mortgage, Lot 45
and for them to drop their lawsuits and to help us with these lawsuits, we
have not been able to come to any agreement. And that being the case, I
don't think it's in the citizens of Lubbock's best interest to fund $1.3m
into the Sam Wahl Recreation Area. Several reasons would be, one is I
believe that if we spent the $1.3m and we put in these amenities, and they
are pretty expensive amenities, what we will be doing is enhancing the
value of the lake and rewarding bad behavior to a developer and certain lot
owners who have chosen to totally disregard our rules, our laws that we
have and be flagrant about it and then go to court and sue us and ask for
defamatory judgment on the City of Lubbock. And secondly, I think now
as we; have gotten into this thing and you start really realizing where the
money comes come. Realize it comes from the citizens of Lubbock, the
ratepayers and the citizens, it comes from our revenue bonds. That means
we have to go and sell bonds to take revenue, to get the revenue from to
fund these projects and I can tell you folks, that as this Council is studying
our needs for Lubbock's future water supply. As we study the plans that
we are going to be needing to upgrade, modernize and retrofit to go to
stream quality discharge to look at ways of reusing our water that is going
to cost our community probably right now a minimum of $50m. And we
are going to have to work on that as a major project. So the two reasons, I
believe, is that we would be enhancing the developments out there,
because we are enhancing the lake and rewarding bad behavior and two,
another reason I would ask you to vote against this motion is because we
need the money ourselves to take care of a population of 206,000 people
235
Regular City Council Meeting
September 16, 2004
Page 236
that is growing. Currently at Lake Alan Henry, there are 433 lot owners,
approximately. Out of those approximate lot owners, 60 of them show
Lubbock addresses. Sixty of them show addresses in West Texas and
three hundred plus are owned by developers. So you have 60 folks that
have Lubbock addresses and I don't know how many of those 60 are
Lubbock citizens. I know some of them are not. And on one hand, you
have 206,000 Lubbock citizens and with our needs of dealing with our
water, our long-term water supply and our long-term water equipment
needs. Plus the fact, that revenues will now have to be taken that have
been secured through some of the gate fees, where we are going to use
those for litigation purposes and to fight legal battles, I don't believe it's in
Lubbock's best interest that we — that we support the motion that's on the
floor. At this time, I'd like to turn it over to Councilman Martin and let
him show the community and show you what some of the issues are that
we are dealing with and let you see a visual picture of how these folks
have had total disregard for the rules and regulations that they signed on to
when they purchased the land. When they bought these lots, when the
developer bought these lots from the original landowners, they signed deed
restrictions that spelled out what the rules and regulations were. When
they sold them, they signed — the lots owners signed the same information.
So, they knew what they were buying when they bought it. They knew
upfront. But now they have chosen to totally disregard the rules and these
regulations. So I don't think that it's in our best interest that we allow
this."
Mayor Pro Tern Martin showed a series of slides taken in recent days,
weeks and months of lots at Lake Alan Henry. They showed what the lot
owners have done to the lake area, even though they know the rules and
regulations, i.e. the building of a gazebo with which looks like an
interstate highway down to the lake, a boat dock installed by a developer.
The easement provides that a ramp can be built, but no docks. The slides
showed erosion of the soil into the lake, stone steps, which have been built
to the water, a boat landing, plus other violations.
At this time, Council Member Price withdrew his second.
Mayor McDougal asked if there was a second to Council Member Jones'
motion. Council Member DeLeon seconded the motion.
Mayor Pro Tern Martin stated he could not vote to spend the money.
Council Member Gilbreath stated he would vote against this item, but for a
different reason, which is the allocation of resources. He stated that the
issues with property owners are completely different from the comfort
station. He asked if the plans were somewhat more grandiose than
originally anticipated.
Randy Truesdell, Director of Community Services, stated that all along the
concept was to build something nice. So that is what was done.
At this time, Council Member Jones stated she agreed with protecting the
300-foot easement, protecting the integrity of the water and of the land.
She added that on January 1, 2003, Council voted to triple the fees and
told the citizens the fees were increased to build comfort stations. She
stated she believed Council should do what they told the citizens they were
going to do.
Mayor Pro Tern Martin stated the fees were not raised to pay for the
comfort station. They were to support the maintenance and operation of
the recreation center, which prior to that time had been paid for out of the
236
Regular City Council Meeting
September 16, 2004
Page 237
Water Revenue Fund. It was to set up a stream of revenue to make the
operation of the recreation center self-supporting.
Council Member Jones pulled her motion.
Motion was made by Council Member Boren to deny Item 55 — Bid
#117-04/RS. Due to the lack of a second, this item failed.
Mayor Pro Tern Martin asked that staff be directed to bring back some
estimates at the next council meeting or as soon as possible. As restrooms
are not being built, maybe Council can use the water bond funds for
preliminary engineering to give an idea of what it's going to cost to bring
that water back up to Lubbock.
(56.) Resolution No. 2004-R - BID #04-127/RS—for Sam Wahl
Recreation Area Comfort Station Packaged Water Treatment Plant.
This item failed.
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 54.
Council Member Boren stated "It has been my intent since this first came
up, that I asked the Council to not vote on these issues to see if we could
negotiate and work out our differences with the various parties we had to
work with. As you recall, we had issues with Garza and Kent County. We
had issues with developers, with lot owners, with Lake Alan Henry Water
District Board and before we were to consider these, I asked that we allow
the -- a group of us to try to see if we could work through some of these
issues. Because what bothered me was that we were getting ready to put
in a beginning investment of $1.3m into the Sam Wahl Recreation Area,
which would be part of a $17m-$20m total project of the citizens of
Lubbock's tax money and I just didn't feel like it would be appropriate to
take the citizens' tax dollars and spend it on these kind of issues when we
have developers and a few lot owners who have chosen to disregard the
rules or regulations of the agreements that were put in place in 1986 when
Lubbock bought the land and secured the water for our citizens. The
Council agreed with that. Then we had a meeting approximately four
weeks ago, where we called all of the various parties in a meeting to
discuss our differences. Myself, Councilman Martin and Councilwoman
237
Regular City Council Meeting
September 16, 2004
Page 238
Jones was there and we had all the different parties and we discussed all
these issues and we made an effort to work through them. As far as
working through the law enforcement component part of having proper
law enforcement on Lake Alan Henry, we were able to work through that
and we worked with Judge Dalby, the County Judge of Garza County, and
T. Mann, Chief Mann, worked with us and we were able to secure our
agreement for the future year. And it went very positive and very good.
On working with the Lake Alan Henry Water District Board, as you know
Mayor, you were in the meeting, I was and I believe Tom Martin was and
we went through that meeting and we worked out our differences and I
feel like that, we haven't signed any agreement yet, but we pretty much
agreed to the issues in principle.
On the issues of asking the developer Kitten and North Ridge Estates to
remove their violation of their dock and of Templeton Mortgage, Lot 45
and for them to drop their lawsuits and to help us with these lawsuits, we
have not been able to come to any agreement. And that being the case, I
don't think it's in the citizens of Lubbock's best interest to fund $1.3m
into the Sam Wahl Recreation Area. Several reasons would be, one is I
believe that if we spent the $1.3m and we put in these amenities, and they
are pretty expensive amenities, what we will be doing is enhancing the
value of the lake and rewarding bad behavior to a developer and certain lot
owners who have chosen to totally disregard our rules, our laws that we
have and be flagrant about it and then go to court and sue us and ask for
defamatory judgment on the City of Lubbock. And secondly, I think now
as we have gotten into this thing and you start really realizing where the
money comes come. Realize it comes from the citizens of Lubbock, the
ratepayers and the citizens, it comes from our revenue bonds. That means
we have to go and sell bonds to take revenue, to get the revenue from to
fund these projects and I can tell you folks, that as this Council is studying
our needs for Lubbock's future water supply. As we study the plans that
we are going to be needing to upgrade, modernize and retrofit to go to
stream quality discharge to look at ways of reusing our water that is going
to cost our community probably right now a minimum of $50m. And we
are going to have to work on that as a major project. So the two reasons, I
believe, is that we would be enhancing the developments out there,
because we are enhancing the lake and rewarding bad behavior and two,
another reason I would ask you to vote against this motion is because we
need the money ourselves to take care of a population of 206,000 people
that is growing. Currently at Lake Alan Henry, there are 433 lot owners,
approximately. Out of those approximate lot owners, 60 of them show
Lubbock addresses. Sixty of them show addresses in West Texas and
three hundred plus are owned by developers. So you have 60 folks that
have Lubbock addresses and I don't know how many of those 60 are
Lubbock citizens. I know some of them are not. And on one hand, you
have 206,000 Lubbock citizens and with our needs of dealing with our
water, our long-term water supply and our long-term water equipment
needs. Plus the fact, that revenues will now have to be taken that have
been secured through some of the gate fees, where we are going to use
those for litigation purposes and to fight legal battles, I don't believe it's in
Lubbock's best interest that we — that we support the motion that's on the
floor. At this time, I'd like to turn it over to Councilman Martin and let
him show the community and show you what some of the issues are that
we are dealing with and let you see a visual picture of how these folks
have had total disregard for the rules and regulations that they signed on to
when they purchased the land. When they bought these lots, when the
developer bought these lots from the original landowners, they signed deed
restrictions that spelled out what the rules and regulations were. When
they sold them, they signed — the lots owners signed the same information.
So, they knew what they were buying when they bought it. They knew
238
Regular City Council Meeting
September 16, 2004
Page 239
upfront. But now they have chosen to totally disregard the rules and these
regulations. So I don't think that it's in our best interest that we allow
this."
Mayor Pro Tern Martin showed a series of slides taken in recent days,
weeks and months of lots at Lake Alan Henry. They showed what the lot
owners have done to the lake area, even though they know the rules and
regulations, i.e. the building of a gazebo with which looks like an
interstate highway down to the lake, a boat dock installed by a developer.
The easement provides that a ramp can be built, but no docks. The slides
showed erosion of the soil into the lake, stone steps, which have been built
to the water, a boat landing, plus other violations.
At this time, Council Member Price withdrew his second.
Mayor McDougal asked if there was a second to Council Member Jones'
motion. Council Member DeLeon seconded the motion.
Mayor Pro Tern Martin stated he could not vote to spend the money.
Council Member Gilbreath stated he would vote against this item, but for a
different reason, which is the allocation of resources. He stated that the
issues. with property owners are completely different from the comfort
station. He asked if the plans were somewhat more grandiose than
originally anticipated.
Randy Truesdell, Director of Community Services, stated that all along the
concept was to build something nice. So that is what was done.
At this time, Council Member Jones stated she agreed with protecting the
300-foot easement, protecting the integrity of the water and of the land.
She added that on January 1, 2003, Council voted to triple the fees and
told the citizens the fees were increased to build comfort stations. She
stated she believed Council should do what they told the citizens they were
going to do.
Mayor Pro Tern Martin stated the fees were not raised to pay for the
comfort station. They were to support the maintenance and operation of
the recreation center, which prior to that time had been paid for out of the
Water Revenue Fund. It was to set up a stream of revenue to make the
operation of the recreation center self-supporting.
Council Member Jones pulled her motion.
Motion was made by Council Member Boren to deny Item 54 — Bid
#04-127/RS. Due to the lack of a second, this item failed.
Mayor Pro Tern Martin asked that staff be directed to bring back some
estimates at the next council meeting or as soon as possible. As restrooms
are not being built, maybe Council can use the water bond funds for
preliminary engineering to give an idea of what it's going to cost to bring
that water back up to Lubbock.
The next item considered was Item 59.
WORK SESSION
(57.) Presentation by Market Lubbock, Inc. to update the City Council on
current projects.
This was the first item considered after City Council reconvened in
Work Session at 1:59 P. M.
239
Regular City Council Meeting
September 16, 2004
Page 240
Gary Lawrence, President of Market Lubbock, Inc. introduced members of
Market Lubbock, who gave the following presentations:
Kenny McKay — Business Retention
Mark Farmer — Business Recruitment
Terry Patterson — Workforce Development
Dale Ganaway — Regional Bioscience Initiative
Warren Warner — Foreign Trade Zone
Jana Godinez — Convention and Visitors Bureau
Mayor Pro Tern Martin stated that Mr. Lawrence spends a lot of time
assisting established Lubbock businesses to grow and expand and there
have been a lot of successes. He asked Mr. Lawrence to comment on how
important that is to Lubbock's economic development.
Mr. Lawrence stated that roughly 80% of all new jobs are created from
within the entity.
(58.) Presentation of a brief overview of the Citizen Corps Program.
Rosalyn Martinez, South Plains Association of Government Emergency
Operations Planner, gave a presentation on the Citizen Corps Program.
2:47 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
The Public Hearings were considered following Item 56.
PUBLIC HEARINGS
Before the Public Hearings started, Mayor McDougal stated "I know that
we have a number of folks that have come to speak on both, first will be
for the tax rate and second for the budget. I want to clarify a few things
that are in this latest draft of the budget, that I think a couple of them were
in the last one, but may have been misworded in the budget. Council, if I
miss something -- Library hours were shown in the budget to be cut at
Mahon Library and those library hours are not being cut. None of the
library hours are being cut. There is in fact about $417,000 in that budget
for books, dues, subscriptions and book rentals, is that correct, Lou,
roughly the right amount.
Second, a Challenger Little League. In our parks budget, there is an
additional $250,000 that's being added to that budget. I think when that
motion is made, that will include $100,000 for Challenger Little League,
$100,000 for softball fields in McKenzie Park for some improvements to
be made over there, I'm not sure what all they are. I believe some
concessions, restrooms and those types of things. Fifty thousand for
playground maintenance throughout the city. In that parks' budget, there
were some that were concerned about the parks maintenance. There are
already funds in that budget to cover fertilizer.
Did I miss anything? I did not mention that to try to keep anybody from
speaking. You are welcome to speak, but I just wanted to make sure that
folks knew what was added to the budget. Maxey Community Center will
remain open."
Mayor Pro Tern Martin stated "We were going to designate $10,000 from
the Tourism Reserve and the Hotel Motel Fund for possible Amtrak
demonstration train, if that comes about some time in this year."
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Council Member DeLeon stated "I just want to add one thing. I just want
to add, because of our discussions and the leadership of the Mayor, and I
know I've sat with him on a personal basis and have addressed some
concerns with the additional funding for police, and I think that after we
adopt the budget, I will submit a resolution to that effect. So with that, I'm
going to support the $.08 tax rate reduction that the City Council had
supported with the budget, plus the tax rate that's been adopted."
Council Member Price stated "I was with Linda when we talked about
that, and I sat down and talked to the Mayor and all, so we will support the
$.08, also.
5:54 P. M. Sneci;al
(59.) Hold a public hearing on a proposed property tax rate for FY
2004-2005 for the City of Lubbock.
This item was considered following Item 56.
A public hearing was posted and notices published as required by state law
to allow taxpayers an opportunity to comment on the proposed FY
2004-2005 tax rate. The public hearing was scheduled for 5:00 p.m. on
Thursday, September 16, 2004, before the public hearing on the proposed
budget.
Mayor McDougal opened the public hearing at 5:54 p. in. Those
appearing were: Kevin McMahon, Lubbock Chamber of Commerce;
Mike]. Ward, SPARTAN; Ysabel Luna; and Rodrigo Neely. Mayor
McDougal closed the hearing at 6:08 p. in.
A property tax rate decrease is proposed. A decrease of $.086 is proposed
decreasing the property tax from $0.5457 to 50.4597 per $100 valuation.
- The Chief Appraiser of the Lubbock Central Appraisal District submitted
the certified net taxable value of $8,605,424,748. The tax rate is
distributed as follows:
Debt Service $0.09496
General Fund M&O $0.33474
Economic Development $0.03000
FISCAL IMPACT:
6:09 P. M.
Not applicable.
The public hearing allowed for citizen comments on the FY 2004-2005
property tax rate.
Staff recommended approval of the public hearing.
The next item considered was Item 62.
Items 60-61 were considered following Item 62 and were the last items
considered.
(60.) Hold a public hearing on the City of Lubbock's FY 2004-2005
proposed budget.
A public hearing was posted and notices published as required by state law
to allow taxpayers an opportunity to comment on the proposed FY
2004-2005 budget. The public hearing was scheduled for 5:15 p.m. on
Thursday, September 16, 2004, after the public hearing on the proposed
tax rate.
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Mayor McDougal opened the public hearing at 6:09 p. m. Those
appearing were: Anna Braye, Goodwill; Larry Sargee, TIBH Industries;
Mikel Ward, SPARTAN; Jerrienne Drum, Lubbock Youth Softball; Jeff
Carrell, South Plains Girls' Fast Pitch Softball; David Canale, Lubbock
Challenger Little League; and Lisa Fritz, Lubbock Challenger Little
League.
Mayor McDougal closed the hearing at 6:31 p. m.
A budget was filed with the City Secretary's Office as required by state
law and also made available for public review on the City of Lubbock
internet web page.
The proposed budget complies with all legal requirements and all
mandatory notices have been published.
Changes proposed to the FY 04-05 Proposed Budget, since the budget was
last discussed on August 16, 2004 was provided to council under a
separate transmittal from the City Manager.
FISCAL IMPACT:
Not applicable.
The public hearing allowed for citizen comments on the FY 2004-2005
budget.
Staff recommended approval of the public hearing.
FINANCE
(61.) Ordinance No. 2004-00103 approving and adopting a budget for FY
2004-2005 for the City of Lubbock (first reading).
This was the first reading of the ordinance adopting the budget for the City
of Lubbock for Fiscal Year 2004-2005. The budget ordinance must be
considered first, followed by the ordinance on the tax rate.
The ordinance will be placed on the Tuesday, September 281h City Council
agenda for the second reading and adoption of the budget.
FISCAL IMPACT:
Not applicable.
Staff recommended approval of this ordinance.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Price to pass on first reading Ordinance No. 2004-00102 as
follows: Motion carried: 7 Yeas, 0 Nays.
"To adopt the Fiscal Year 2005 operating budget and include $100,000
for the Challenger Little League, $100,000 for the girls' softball
improvements, $50,000 for additional playground equipment and repairs
and upgrades for our playgrounds, also that we are designating $10,000 to
be set aside as part of the Hotel/Motel Reserve for the Caprock Express
Project, if it comes to fruition. I believe that these documents reflect the
redesignation of $113,00 in the Airport's budget to go to a fund for fixing
and rebuilding a new parking lot out there at the Airport. Also as a part of
the motion, in the front part of the narrative, that it is reiterated that this
Council has had an official goal for over a year to get us to two police
officers per thousand population and that the instructions for the last two
years, and it's still that way, that the Police Chief is designated that every
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Page 243
officer he can hire, that if we don't have the money, we'll find it. I think
that's been a standing dedication on the part of this Council for two years
and I would like to make that part of my motion that we reiterate that for
the coming year, also."
Mayor McDougal stated, "Also, in that motion, I just want to clarify, and
Councilman Martin, you made the motion, so make sure I'm correct. In
the books, it states that there is a reduction to Mahon Library by three
hours.. Those will be absorbed and there will not be a cut there. Also, it
shows the closing of the Maxey Community Center, but that will remain
open."
Mayor Pro Tern Martin stated, "That's correct, and that is part of my
motion."
Mayor Pro Tern Martin asked Chief Tom Mann the following: "Chief
Mann, one of the other things I'd like to ask in addition to the direction
that we've given ya'll the last several years, if you can find more qualified
people to hire, we'll get you the money. I believe we also had money, is it
in this year's budget, or next year's budget, the coming year's budget, for
the additional motorcycle officers to beef up the Traffic Division. Have
ya'll made any inroads into that?"
Chief Mann stated, "Yes, sir, we have. At revised budget, y'all allowed us
to lease four more motorcycles. Two of those are designated for spares.
We should be adding the additional two officers to the motorcycle patrol
in the very near future. Just for information, we just had a motorcycle
school. Nine officers attempted to pass that, and only four did. It's a very
tough school. Shortly, we will be increasing the size of our traffic
enforcement."
Council Member Boren stated that public safety is a big issue with this
Council and the word is getting out that we are ready to start hiring and
have given the green light.
Chief Mann stated "We hired, I think, it was nine over last time. Ya'll
allowed us to go ahead and hire over and above what was allocated. The
last two years, we've gotten twelve extra officers. I think we've got five
designated for the coming year, plus as you said, whatever we can hire,
however many. We hope that will be several extra."
Council Member DeLeon stated "With that direction, I'd like to get the
staff to help me submit a resolution to that effect in the agenda giving you
the green light to hire officers. In your opinion, knowing with Texas Tech
back, and some of the issues that I have raised recently because of emails
that I have received, how many officers do you think we need to take care
of what we need to take care of that's not being done, in my opinion, so
far?"
Chief Mann stated "That's a very tough question to answer, because our
activity levels rise and fall and as you know, you can't necessarily have
officers to answer every call as soon as it comes in."
Council Member Boren stated, "Well, maybe the resolution needs to read
that our goal of this Council has been two for one thousand population. So
we are shooting for, I guess, four hundred ... so we are short a hundred.
They ought to have that in the resolution, if that's our goal."
Mayor McDougal stated that at the public hearings he had attended,
mowing has come up and Codes had informed him the City was behind by
about 200 lots being mowed and only had three contractors. He asked Rob
Allison, Manager of Business and Neighborhood Development and Stuart
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September 16, 2004
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Walker, Code Enforcement Supervisor, what it would take to hire more
contractors and what was the issue. Mr. Walker stated that it was a
resource issue. He stated he had signed two new contractors; however,
they are all small independent people. Due to the last two years being dry
years, there was not enough work to support them, and they picked up
other business and didn't come back to the City for work. Through the
word of the meetings, some of the people have heard the need and have
come back.
Mayor McDougal told Mr. Walker that if it becomes an issue to let
Council know and if they need to find the funding, they can.
At this time, City Council recessed back to Executive Session.
(62.) Ordinance No. 2004-00102 setting the tax rate and levying a tax upon
all property subject to taxation within the City of Lubbock, Texas for
FY 2004-2005 (first reading).
This item was considered following Item 59.
This is the first reading of the ordinance adopting and levying the tax rate
for the City of Lubbock for Fiscal Year 2004-2005. The budget ordinance
must be considered first, followed by the ordinance adopting the levying of
a tax rate. The ordinance will be placed on the Tuesday, September 28ch
City Council agenda for the second reading and adoption of the budget.
A property tax rate decrease is proposed. A decrease of .086 is proposed,
decreasing the property tax from 0.5457 to 0.4597 per $100 valuation. The
Chief Appraiser of the Lubbock Central Appraisal District submitted the
certified net taxable value of $8,605,424,748. The tax rate is distributed as
follows:
Debt Service $0.09496
General Fund M&O $0.33474
Economic Development $0.03000
FISCAL IMPACT:
Not applicable.
Staff recommended approval of this ordinance.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00103
setting the tax rate and levying a tax upon all property subject to taxation
within the City of Lubbock, Texas for FY 2004-2005 at $0.4597. Motion
carried: 7 Yeas, 0 Nays.
The next items considered were Items 60-61.
6:45 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
7:00 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
7:00 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tern
Martin adjourned the meeting.
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Page 245
Read and approved day of
-4 elzl'
MARC MCDOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
245