HomeMy WebLinkAboutMinutes - City Council - Regular - 11/4/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
NOVEMBER 49 2004
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 4th
day of November, 2004, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:30 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Council Member Jim Gilbreath, Council
Member Phyllis Jones, Council Member Floyd Price
Absent: Mayor Pro Tem Tom Martin, Council Member Gary O. Boren,
Council Member Linda DeLeon
CITIZEN COMMENTS
No one expressed comments to the Council.
EXECUTIVE SESSION
Mayor McDougal stated: "City Council will hold an Executive Session
today for the purpose of consulting with the City Staff with respect to
pending or contemplated litigation; the purchase, exchange, lease or
value of real property; personnel; and competitive matters of the
public power utility as provided by Subchapter D of Chapter 551 of
the Government Code, the Open Meetings Law."
7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
(L) 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 Park; Water Utilities).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Overton Park).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary) and take appropriate action.
(4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates
of Lubbock Power and Light;
to discuss and deliberate a competitive matter
regarding operation, financial and capital statements
and budgets, revenue and expense projections, strategic
and business plans and studies of Lubbock Power and
Light;
to discuss and deliberate a competitive matter
regarding the strategies, goals, funding and strategic
purpose of the City of Lubbock's relationship with and
membership in the West Texas Municipal Power
Agency.
9:30 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tem Tom Martin; Council
Member Gary O. Boren; Council Member Jim Gilbreath; Council
Member Phyllis Jones; Council Member Floyd Price; Lou Fox, City
Regular City Council Meeting
November 4, 2004
Page 436
Manager; Anita Burgess, City Attorney; Rebecca Garza, City
Secretary; and Richard Casner, First Assistant City Attorney
Absent: Council Member Linda DeLeon
Mayor McDougal called the meeting to order at 9:30 A. M.
( 5.) Invocation by Reverend Bill Hendricks of Lubbockview Christian
Church.
(6.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
CITIZEN APPEARANCES
(7.) Presentation of a proclamation to Mr. Ruby Nakka, proclaiming
November as Adoption Awareness Month.
Mayor McDougal made the presentation to Mr. Ruby Nakka proclaiming
November as Adoption Awareness Month.
CONSENT AGENDA (Items 8-13 16-18)
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to approve Items 8-13, 16-18 on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(8.) ORDINANCE NO. 2004-00119—Abandoning and closing a portion
of a 5-foot Lubbock Power and Light underground utility easement
located in Tract D, South Plains Addition to the City (5802 Chicago
Avenue) (Right -of -Way) (second and final reading).
ORDINANCE NO. 2004-00119
AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND
UTILITY EASEMENTS FOR LP&L LOCATED IN TRACT, IN THE SOUTH PLAINS
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 0.034 acre (1,481.04 square foot)
portion of a north -south five foot LP&L underground utility easement just
south of 581h Street on what would be the west side of Chicago Avenue.
This ordinance was read for the first time at the October 28, 2004 City
Council meeting as a routine consent agenda item.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of the second
reading of this ordinance.
(9.) ORDINANCE NO. 2004-00122—ZONE CASE NO. 3020 (east of
North University on Kent Street): Consider the request of Charles D.
Hays for a zoning change from R-1 to R-1 Specific Use for Residential
Estates on 9.30 acres of unplatted land in the northwest corner of the
northeast quarter of Block A, Section 11 (second and final reading).
ORDINANCE NO. 2004-00122
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3020; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR RESIDENTIAL ESTATES ON 9.30 ACRES OF UNPLATTED
LAND IN THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
BLOCK A, SECTION 11, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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(10.) ORDINANCE NO. 2004-00123—ZONE CASE NO. 3021 (5200
Ursuline Street): Consider the request of La Vonne Baxter for a
zoning change from R-1 to C-3 on 10 acres of unplatted land in the
northeast corner of Block JS, Section 6 (second and final reading).
ORDINANCE NO. 2004-00123
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3021; A ZONING CHANGE FROM R-1 TO C-3
ZONING ON 10 ACRES OF UNPLATTED LAND IN THE NORTHEAST CORNER
OF BLOCK JS SECTION 6, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
(11.) ORDINANCE NO. 2004-00124—ZONE CASE NO. 2926-B
(9801-9816 Salisbury Avenue): Consider the request of Lakeridge of
Lubbock for a zoning change from R-1 Specific Use for setback to R-1
Specific Use for garden homes on Lots 110-125, Lakeridge Estates
(second and final reading).
ORDINANCE NO. 2004-00124
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2926-13; A ZONING CHANGE FROM R-1 SPECIFIC
USE FOR SETBACK TO R-1 SPECIFIC USE FOR GARDEN HOMES ON LOTS
110-125, LAKERIDGE ESTATES, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(12.) ORDINANCE NO. 2004-00125—ZONE CASE NO. 2889-A (6013
63d Street): Consider the request of Michael Long (for Cox
Communications) for a zoning change from C-4 to C-4 Specific use
for an 80-foot communications tower on a portion of Tract A, Cox
Communications Addition (second and final reading).
ORDINANCE NO. 2004-00125
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2889-A; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE FOR A COMMUNICATION TOWER ON A PORTION OF TRACT A,
COX COMM ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(13.) ORDINANCE NO. 2004-00127—ZONE CASE NO. 2178-H
(southeast corner of 981h Street and Jordan Avenue): Consider the
request of Hugo Reed and Associates, Inc. (for Peoples Bank) for a
zoning change from GO, C-2 to AM Specific Use on 1.5 acres of
unplatted land out of Block E-2, Section 18 (second and final reading).
ORDINANCE NO. 2004-00127
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2178-H; A ZONING CHANGE FROM GO AND C-2
TO AM SPECIFIC USE FOR A BANK ON 1.5 ACRES OF UNPLATTED LAND OUT
OF BLOCK E-2 SECTION 18, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The next items considered were Item 16-18.
(14.) ORDINANCE NO. 2004-00121—ZONE CASE NO. 3022 (2007 10"
Street): Consider the appeal of denial (Planning Commission) by the
Lubbock Heritage Society for a zoning change from R-2 to R-2 DH on
Lots 4 and the east half of 5, Block 40, Overton Addition (second and
final reading).
This item was deleted.
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(15.) ORDINANCE NO. 2004-00128—Amending Chapter 29 of the Code
of Ordinances, City of Lubbock, Texas, entitled "Zoning", by
amending Section 29-18 entitled 11C-3 General Retail District" to add
"Automotive Glass Shop" as a permitted use in Section 29-18(c) and
by amending Section 29-20 entitled "C-4 Commercial District" to
delete "Automotive Glass Shop" as a permitted use in Section 29-20
(c) (second and final reading).
This item was deleted.
Items 16-18 were considered following Item 13.
(16.) Resolution No. 2004-R0545 ratifying the action of the Mayor in
accepting the FY 2004 Metropolitan Medical Response System Grant
in the amount of $250,000 and appropriate $250,000 in the grant fund
(Emergency Management).
RESOLUTION NO.2004-R0545
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 Mayor in
executing for and on behalf of the City of Lubbock contracts for award of a grant entitled
"METROPOLITAN MEDICAL RESPONSE SYSTEM" from the U.S. Department of
Homeland Security, Office of Domestic Preparedness. Said Contract is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson
Emergency Management Coordinator
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0545.
In August 2001 the City contracted with the US Department of Health and
Human Services to develop a Metropolitan Medical Response System
(MMRS) as a resource for responding to the health and medical
consequences of a nuclear, biological, chemical, radiological, and/or
explosive Weapon of Mass Destruction (WMD). The original contract was
$400,000, with Supplements #1 and #2 adding an additional $480,000.
With the FY 04 grant, the total MMRS contract will be over $1.1 million.
MMRS is sponsored by the Department of Homeland Security.
The MMRS Grant provides funding to further enhance and maintain
integrated, systematic preparedness for local response to weapons of mass
destruction high -casualty events until significant external assistance
arrives. The grant is awarded for Capability Focus Areas including
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radiological preparedness, mass care shelters, emergency alerting system,
NIMS compatibility, quarantine/isolation preparedness, Geographic
Information Systems, and pharmaceutical cache status. The grant period is
eighteen months from the effective date of the Grant Agreement.
FISCAL IMPACT:
The $250,000 in FY 04 MMRS Grant funds will result in enhanced
training and equipment for first responders. The allotment of funds is
sufficient to cover the program of work and no matching funds are
required.
Staff recommended approval of this resolution.
(17.) Resolution No. 2004-R0546 authorizing the Mayor to execute a
contract, by and between the City and ING Benefits, to provide
services for the purpose of a Group Long Term Disability Income
plan (Benefits).
RESOLUTION NO.2004-R0546
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract to provide
services for the purpose of the Group Long Term Disability Income Plan by and between
the City of Lubbock and ING Employee Benefits, 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 28th day of October, 2004.
/S/ MARC MCDOUG.AL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Scott Snider
Scott Snider, Director of Human Resources
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-R0546.
The City currently provides a base Long Term Disability (LTD) Income
Plan for all full-time City employees. The base LTD benefit is 60% of
salary after a 180-day waiting period. Employees have the option to
purchase an enhanced LTD benefit, with a 90-day waiting period before
benefits are paid at 66 2/3% of the annual salary. Canada Life Assurance
has provided this benefit since December 1, 1995. The City's FY 2004-
2005 budget does not include funding for any City contribution. Any
employee selecting this coverage will pay for the entire cost of this group
benefit.
A Request for Proposal for the Group Long Term Disability plan was
announced on July 2, 2004. Six proposals were received. The respondents
were:
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Jefferson Pilot Insurance Company
ING Employee Benefits
Fort Dearborn Life Insurance Company
Met Life
Standard Insurance Company
Unum Provident
A committee of three City staff members reviewed the submitted
proposals. Based on cost, financial stability, communication abilities,
claims turnaround, management reports, integrated systems, and
references/relevant experience, the Committee identified the following top
three proposers:
Score
ING Employee Benefits 94
Met Life 78
Unum Provident 77
Based on the above criteria, ING Employee Benefits scored the highest.
ING proposed a 2-year rate guarantee with 30% employee participation,
and a 3-year rate guarantee with 50% participation. Rates are based on the
participant's age and annual salary. Examples of the bi-weekly rates for an
employee making $30,000 annually are:
180-days/60% salary 90-days/67% salary
Age 30 $2.42 $2.88
Age 45 $4.50 $5.31
The contract will be effective January 1, 2005.
FISCAL IMPACT:
The LTD benefit will be completely employee paid as of January 1, 2005.
There will be no cost to the City.
Staff recommended approval of this resolution.
(18.) Resolution No. 2004-RO547 authorizing the Mayor to execute an
Enterprise Agreement with Microsoft Corporation to provide licenses
and Software Assurance for Microsoft products (Information
Technology).
RESOLUTION NO.2005-RO547
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 Software License
Agreement with Microsoft Licensing, GP. 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 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood,
Director of Information Technology
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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-R0547.
The City originally enrolled in Microsoft's Enterprise Agreement in 2001,
providing licenses and software assurance for the desktop operating
system and for the Office business applications for all of the City's
workstations. In this renewal, there are additional licenses for 25 Windows
servers and 5 SQL Server databases. This agreement will also include
Project Server with 5 user licenses to aid in project management. Visio
Professional and Microsoft Developers Network (MSDN) are used in
Information Technology to document the network environment, and to aid
in application development efforts.
FISCAL IMPACT:
Because this agreement is a renewal, the City has received a significant
discount for the licenses. The annual cost of the agreement is $161,581,
which includes the additional products. Funding for this agreement was
requested and approved in the Information Technology FY 2004-2005
budget.
Staff recommended approval of this resolution.
The next items considered were Items 19-24.
(19.) Resolution No. 2004-ROO548 - BID #04-179/BM—for Fire Pumper
Trucks (Fire Department).
RESOLUTION NO.2006-RO548
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 fire
pumper trucks per Bid #04-179-BM, by and between the City of Lubbock and Fire
Apparatus Specialist of Houston, 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 Council.
Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Purchase Order is filed with Resolution No. 2004-R0548.
This bid is for the purchase of three fire -pumper trucks to replace existing
units that have completed their 20-years service life as a front line vehicle
for the Fire Department.
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Purchase of this equipment is through the Interlocal Cooperative
Purchasing Agreement between the City and the Houston -Galveston Area
Council (H-GAC).
FISCAL IMPACT:
A total of $185,000 was appropriated and $185,000 is available in Project
90373 (2004-05 Pumper Replacement) for this purpose. Financing of
$973,088 for this equipment will be bid separately under the City's Master
Municipal Lease/Purchase Agreement.
Award contract to Fire Apparatus Specialist of Houston, Texas for
$973,088.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to approve Resolution No. 2004-RO548 subject to the
negotiation of a satisfactory lease agreement, which will be a separate
item. Motion carried: 6 Yeas, 0 Nays.
ORDINANCES FOR PASSAGE
Second Reading
(20.) ORDINANCE NO. 2004-00120—ZONE CASE NO. 3023 (Avenue T
to Avenue R from 4th to 7ch Streets): Consider the request of
McDougal Construction (for McCanton Wood) for a zoning change
from IHC, A-2, R-2, R-3 to IHC Specific Use for a Wal-Mart Super
Center on All of Blocks 31, 32, 107, 108, 111, and Lots 13-24 and the
south 50 feet of Lots 1-12 of Block 33, Overton Addition (second and
final reading).
ORDINANCE NO. NO.2004-RO120
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3023; A ZONING CHANGE FROM IHC, A-2, R-2
AND R-3 TO IHC SPECIFIC USE FOR A WAL-MART SUPER CENTER ON ALL OF
BLOCKS 31, 32, 107, 108, 111 AND LOTS 13 THROUGH 24 OF BLOCK 33,
OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Motion was made by Council Member Price, seconded by Council
Member Jones to pass on second and final reading Ordinance No.
2004-00120 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
(21.) ORDINANCE NO. 2004-00126—ZONE CASE NO. 2658-G (east of
Gary Avenue and south of 501h Street): Consider the request of Max
W. Richardson (for U-Stor of Lubbock, LLC) for a zoning change
from A-2 to C-4 Specific Use for mini -warehouse and office
warehouse on a portion of Tract E, Boardwalk Addition (Mayor Pro
Tem Martin voted Nay) (second and final reading).
This item was continued.
Mayor McDougal requested that, without objection from the Council, this
item be pulled from the agenda and asked that the proponents of this case
be at the November 181h City Council meeting, and that Randy Henson,
Senior Planner, also be available. Council agreed.
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FINANCE
Budp-et and Research
(22.) Ordinance No. 2004-00129 (Budget Ordinance #2) amending the FY
04-05 Budget by: 1) transferring $50,000 to capital project, Traffic
Signal System Communications Phase 1 from the Computer System
Design project, 2) Revising General Fund Budget to add $6,360 in
revenue to be received from Texas Tech University and increasing
Traffic Engineering operating budget by the same amount, and 3)
Adding $350,000 to a Water Resources Master Plan capital project in
the Sewer Fund (first reading).
ORDINANCE NO. 2004-00129
AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF
THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
City Council authorized capital project 930-90379, Signal Systems
Communication, for FY 2004-05 in the amount of $100,000. This project
is to upgrade the signal communication cable and extend the signal system
communication cable to areas currently served by radio only with fiber
optic cable.
The City and Texas Department of Transportation (TxDOT) were able to
obtain a federal grant ($344,633) for an Intelligent Transportation System
(ITS) project in Lubbock that includes interconnecting the City's and
TxDOT's signal systems and freeway management system (see ITS
agreement under Planning and Transportation). The City's match for the
federal grant is $150,000, which will be funded out of Capital Project 930-
90379. The additional $50,000 is to be transferred from 930-9296,
Computer System Design, which would be decreased from $4,390,707 to
$4,340,707. The City's portion of the ITS Project is work that was already
planned under the above two capital projects, but can be counted toward
matching funds if it is placed in a single project and the work is combined
with a TxDOT project. The ITS project will take approximately five years
to complete because part of it is on the Marsha Sharp Freeway.
The second portion of this budget amendment is to increase Traffic
Engineering's budget by $6,360, which will be offset by the same amount
from new revenue from the new agreement with Texas Tech University
for signal maintenance for traffic signals on the Texas Tech campus (see
TTU Signal Maintenance Agreement under Planning and Transportation).
The agreement is for $8,480 to be paid on a quarterly basis (only 3
quarters will be billed in FY 04-05). Increases for the first year will be to
labor costs: 4523.8002 by $2,120 and 4525.8002 by $4,240.
The third portion of this budget amendment is to add $350,000 to a new
capital project in the Sewer Fund — Water Resources Master Plan. The
purpose of this project is to evaluate various effluent management
opportunities and determine the most efficient and effective use of treated
effluent. An additional $350,000 in future bond sales will be needed to
fund this project.
FISCAL IMPACT:
The ITS Agreement allows additional federal funds of $344,633 to be
awarded in Lubbock for this ITS project and also allow the City of
Lubbock Emergency Services greater access to the AMBER ALERT
statewide system at no additional cost to the City. The State will be
responsible for infrastructure in the state's right-of-way, and the City will
be responsible for infrastructure in the City's right-of-way. The funding
being reallocated is 2003 General Obligation Bond funds.
The TTU signal maintenance agreement has a neutral impact on the
General Fund, and it has an automatic annual escalation clause and an
automatic renewal clause.
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The addition of $350,000 for the Water Resources Master Plan project will
mean that an additional amount of bond funds in that amount will need to
be sold.
Staff recommended approval of first reading of this ordinance.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00129 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Boren recused himself.
MISCELLANEOUS
Business Development
(23.) Ordinance No. 2004-00130 amending Ordinance #2003-00126 to
clarify the mechanism for collection of assessments and penalties in
the North Overton Public Improvement District, in the event of
delinquency (first reading).
ORDINANCE NO. 2004-00130
AN ORDINANCE AMENDING ORDINANCE NO. 2003-00126 TO CLARIFY
THE METHODS FOR DELINQUENCY COLLECTION OF THE ASSESSMENTS,
PENALTIES AND INTEREST FOR THE NORTH OVERTON PUBLIC
IMPROVEMENT DISTRICT; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
In December 2003 the City Council passed Ordinance #2003-00126
establishing classifications for the apportionment of costs and the methods
of assessing special benefits for the services and improvements of
properties in the North Overton Public Improvement District, levying the
assessments, and establishing a lien on the properties for these
assessments. The ordinance stated simply that in the event of delinquency
in payment of the assessments the sums assessed against the owners and
their property, and collection of these sums, including costs and attorney's
fees would be enforced by the governing body "in the same manner that
an ad valorem tax lien against real property may be enforced by the
governing body". The Lubbock Central Appraisal District needs more
specific language in the ordinance incorporating key provisions of the tax
code in order to facilitate collection of the assessments in the event of
delinquency.
FISCAL IMPACT:
Addition of these provisions should facilitate collection. All costs for
collection and enforcement are paid from the North Overton Public
Improvement District Fund and all assessments collected are deposited in
this separate fund.
Staff recommended approval of this ordinance.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2004-00131 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
(24.) Ordinance No. 2004-00131 approving the Second Amended North
Overton District Tax Increment Finance Reinvestment Zone Project
Plan and Finance Plan, as adopted by the Board of Directors of the
North Overton Tax Increment Financing Reinvestment Zone
(Business Development) (first reading).
ORDINANCE NO. 2004-00131
AN ORDINANCE APPROVING THE SECOND AMENDED NORTH OVERTON
DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN
AND FINANCE PLAN AS ADOPTED BY THE BOARD OF DIRECTORS OF THE
NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE.
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The City Council created the North Overton Tax Increment Finance
Reinvestment Zone (TIRZ) and appointed the TIRZ Board on March 14,
2002. Based on current sales and construction activity in Overton Park, the
McDougal Companies (Developer) have increased their projections of the
scope of the new construction projects. With this new information, at their
October 20, 2004 meeting, the members of the TIRZ Board adopted the
Second Amended Finance Plan and Project Plan and submitted it to the
City Council for approval. The Finance Plan shows an estimated captured
value of $317.2 million. The Project Plan illustrates public improvements
totaling $24.31 million. Attached are copies of the amended Finance Plan
and Project Plan for your review.
FISCAL IMPACT:
These public improvements will be paid for out of bonds issued and
revenues collected by the North Overton Tax Increment Finance
Reinvestment Zone.
The TIRZ Board and City staff recommended approval of this ordinance.
Motion was made by Council Member Jones, seconded by Council
Member Price to pass on first reading Ordinance No. 2004-00131 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 27.
Items 25-26 were considered following Item 27.
(25.) Ordinance No. 2004-00132 approving the First Amended Central
Business District Tax Increment Finance Reinvestment Zone Project
Plan and Finance Plan, as adopted by the Board of Directors of the
Central Business District Tax Increment Financing Reinvestment
Zone (Business Development) (first reading).
ORDINANCE NO. 2004-00132
AN ORDINANCE APPROVING THE FIRST AMENDED CENTRAL
BUSINESS DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE
PROJECT PLAN AND FINANCE PLAN AS ADOPTED BY THE BOARD OF
DIRECTORS OF THE CENTRAL BUSINESS DISTRICT TAX INCREMENT
FINANCING REINVESTMENT ZONE.
The City Council created the Central Business District Tax Increment
Finance Reinvestment Zone (TIRZ) and appointed the TIRZ Board on
December 3, 2001. Based on new estimates on revenues for the Central
Business District TIRZ, the Board of the Central Business District TIRZ
adopted the First Amended Finance Plan and Project Plan at their October
20, 2004 meeting and submitted it to the City Council for approval. The
Finance Plan shows an estimated captured value of $105 million. The
Project Plan illustrates public improvements totaling $8.357 million.
Attached are copies of the amended Finance Plan and Project Plan for
your review.
FISCAL IMPACT:
These public improvements will be paid for out of revenues collected by
the Central Business District Tax Increment Finance Reinvestment Zone.
The TIRZ Board and City staff recommended approval of this ordinance.
Merle Blosser, Chair, Board of Directors of the Central Business District
Tax Increment Financing Reinvestment Zone, gave comments.
Council Member Gilbreath asked Mr. Blosser how much money are we
going to need before we actually start spending some of it?" Mr. Blosser
stated that once they had the master plan, they would integrate the funds
with that and make sure the money is well invested in downtown.
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Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Price to pass on first reading Ordinance No. 2004-00132 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(26.) Resolution No. 2004-RO550 authorizing the Mayor to execute, for and
on behalf of the City, the Central Business District Tax Increment
Financing Reinvestment Zone Annual Report (Business
Development).
RESOLUTION NO.2004-RO550
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 the Central Business Tax
Increment Financing Reinvestment Zone Annual Report for October 1, 2003 through
September 30, 2004, which will be distributed to the chief executive officer of each
taxing unit levying taxes within the Central Business Tax Increment Financing
Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report
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 28th day of October, 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 Transportation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Annual Report is filed with Resolution No. 2004-R0550.
The City Council created the Central Business District Tax Increment
Finance Reinvestment Zone (TIRZ) and appointed the TIRZ Board on
December 3, 2001. According to the Texas Tax Increment Finance Act
Section 311.016, the City must submit an annual report to the Chief
Executive Officer of each taxing unit that levies taxes on property within a
tax increment finance zone. Therefore, staff has prepared the third annual
report of the Central Business District Tax Increment Financing
Reinvestment Zone's activities. The report must be provided within 90
days of the end of the City's fiscal year and a copy must also be sent to the
Office of the Attorney General.
The Texas Tax Increment Finance Act specifies that the report must
include:
• Amount and source of revenue in the tax increment fund established
for the zone,
• Amount and purpose of expenditures from the fund,
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• Amount of principal and interest due on outstanding bonded
indebtedness,
• Tax increment base and current captured appraised value retained by
the zone,
• Captured appraised value shared by the City and other taxing units,
• Total amount of tax increments received, and
• Any additional information necessary to demonstrate compliance with
the tax -increment financing plan adopted by the City.
The Central Business District Tax Increment Financing Reinvestment
Zone Board of Directors approved the report at their October 20, 2004
meeting and submitted it to the City Council for approval.
FISCAL IMPACT:
Staff time is required to coordinate, but all expenses are paid out of the
Central Business District Tax Increment Financing Reinvestment Zone
Fund.
Staff recommended the City Council approve distribution of the 2004
Central Business District Tax Increment Financing Reinvestment Zone
Annual Report as recommended by the Central Business District Tax
Increment Financing Reinvestment Zone Board of Directors on October
20, 2004.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2004-RO550 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
The next items considered were Item 28-30.
(27.) Resolution No. 2004-RO549 authorizing the Mayor Pro Tern to
execute, for and on behalf of the City, the North Overton Tax
Increment Financing Reinvestment Zone Annual Report (Business
Development).
RESOLUTION NO.2004-RO549
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock the North Overton Tax
Increment Financing Reinvestment Zone Annual Report for October 1, 2003 through
September 30, 2004, which will be distributed to the chief executive officer of each
taxing unit levying taxes within the North Overton Tax Increment Financing
Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report
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 28th day of October, 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 Transportation
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Page 448
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Annual Report is filed with Resolution No. 2004-R0549.
This item was considered following Item 24.
The City Council created the North Overton Tax Increment Finance
Reinvestment Zone (TIRZ) and appointed the TIRZ Board on March 14,
2002. According to the Texas Tax Increment Finance Act Section
311.016, the City must submit an annual report to the Chief Executive
Officer of each taxing unit that levies taxes on property within a tax
increment finance zone. Therefore, staff has prepared the third annual
report of the North Overton Tax Increment Financing Reinvestment
Zone's activities. The report must be provided within 90 days of the end of
the City's fiscal year and a copy must also be sent to the Office of the
Attorney General.
The Texas Tax Increment Finance Act specifies that the report must
include:
• Amount and source of revenue in the tax increment fund established
for the zone,
• Amount and purpose of expenditures from the fund,
• Amount of principal and interest due on outstanding bonded
indebtedness,
• Tax increment base and current captured appraised value retained by
the zone,
• Captured appraised value shared by the City and other taxing units,
• Total amount of tax increments received, and
• Any additional information necessary to demonstrate compliance with
the tax -increment financing plan adopted by the City.
The North Overton Tax Increment Financing Reinvestment Zone Board of
Directors approved the report at their October 20, 2004 meeting and
submitted it to the City Council for approval.
FISCAL IMPACT:
Staff time is required to coordinate, but all expenses are paid out of the
North Overton Tax Increment Financing Reinvestment Zone Fund.
Staff recommended the City Council approve distribution of the 2004
North Overton Tax Increment Financing Reinvestment Zone Annual
Report as recommended by the North Overton Tax Increment Financing
Reinvestment Zone Board of Directors on October 20, 2004.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2004-R0549 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next items considered were Items 25-26.
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Page 449
PLANNING AND TRANSPORTATION
Streets and Paving
Items 28-30 were considered following Item 26.
(28.) Resolution No. 2004-RO551 authorizing the Mayor to sign
Amendment No. 2 to the engineering service contract on the Glenna
Goodacre Boulevard/Overton Park Project with Hugo Reed and
Associates, Inc. for additional engineering services.
RESOLUTION NO.2004-R0551
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
Contract between the City of Lubbock and Hugo Reed and Associates, Inc. for
engineering services. Said Amendment No. 2 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 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Lang Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Amendment No. 2 is filed with Resolution No. 2004-RO551.
As development in the Overton Park Project continues, a need for
additional engineering services has been identified. In this instance,
additional work is needed for the City Bank tract — Tract 2C, Overton
Park. The work includes the design, plans, and specifications for
pedestrian street lighting along with associated work and coordination
during the installation of the lighting, as well as curb and gutter
reconstruction work along University Avenue adjacent to the City Bank
tract.
The payment to the engineer will be based on actual hourly rates
established by the previous contract and amendment, with a "not to
exceed" additional compensation added to their contract of $7,500.
No additional time is added to the engineering contract with this
amendment.
FISCAL IMPACT:
The $7,500 for additional engineering services added to this contract will
be paid by the North Overton Tax Increment Reinvestment Zone (TIRZ).
Funding is available in the TIRZ for this additional work.
Staff recommended approval of this resolution.
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Page 450
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to pass Resolution No. 2004-RO551 as recommended by staff.
Motion carried: 6 Yeas, 0 Nays.
Traffic Engineering
(29•) Resolution No. 2004-RO552 authorizing the Mayor to sign an Advance
Funding Agreement for an Intelligent Transportation Systems
Deployment Project between the City and the Texas Department of
Transportation (Traffic Engineering).
RESOLUTION NO. 2004-RO552
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 Advance Funding Agreement for an
Intelligent Transportation Systems Deployment Project, and any associated documents,
by and between the City of Lubbock and Texas Department of Transportation, a copy of
which Advance Funding 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 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeryl D. Hart. Jr.
Jeryl D. Hart, Jr., P.E., City Traffic Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Advance Funding Agreement is filed with Resolution No. 2004-R0552.
This agreement will allow the Texas Department of Transportation
(TxDOT) and the City to receive $344,633 in federal funding for an
Intelligent Transportation Systems (ITS) Deployment Project. TxDOT's
match will be $1,435,367 and the City's match will be $150,000. The
City's match will come from existing capital projects (930-9296 and 930-
90379) that were already planned to construct the City's portion of this
match, but will now be combined into one project - see previous agenda
item for Budget Amendment No. 2. The scope of work for this project
consists of two different complementary projects as follow:
Project I - The Preparation of the Plans, Specification and Estimate
(PS&E) for an ITS Project that will integrate the traffic management
centers of the Lubbock District of the State and the City traffic
management center. PS&E will include the development of
construction plans and any necessary software required to integrate
communication between TxDOT and the City's Traffic Management
Center (TMC) where the ITS functions will be housed. This project
will facilitate the establishment of the Amber Alert system for the
Lubbock regional area. The project will include the design of software
for the Amber Alert/DMS program, which will be integrated into the
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Page 451
City's TMC and TxDOT. The surveillance information will be used to
help select traffic signal timing plans in the affected corridor for
incident management as well as being available to the emergency
services' dispatch centers.
Project 2 will be the Construction of the Integrated Network. This will
integrate TxDOT traffic signalized intersections along the South Loop
289 corridor with Lubbock's TMC. The funds will also connect
TxDOT to Lubbock's Traffic Management Center. The information
will then be available to TxDOT to monitor the operation of TxDOT-
owned traffic signals and the Amber Alert Program. The project will
consist of integrating the TxDOT freeway management system that
will be in the U.S. 82 (Marsha Sharp Freeway) project currently under
construction with the City's traffic signal system. There will be several
Amber Alert signs along the freeway. The funds will also be used to
pay the consultant to develop a report evaluating the benefits of the
project as required. The project will take approximately five years.
When completed, this project will improve freeway congestion and
quickly respond to freeway incidents in a safe and traffic integrated
manner.
FISCAL IMPACT:
Short term, 1-3 years, this project will have a neutral fiscal impact in that
existing capital project funds will be utilized: $150,000 in Capital Project
930-90379, Signal System Communications PHI -ITS. Current funding in
this project number for FY 04-05 is $100,000 with the additional $50,000
to be transferred from 930-9296, Computer System Design, reducing that
project amount from $4,390,707 to $4,340,707. The funds in both of these
projects that will be utilized for ITS were already intended to be utilized
for fiber optic cable extensions that will be funded by the City's share of
this project. Additionally, the Police and Fire dispatchers will have access
to the video surveillance on the freeways utilized to operate the freeway
management system. This will improve the emergency response at no
additional cost to the Police and Fire Departments.
Longer term, beyond 3 years, the City and TxDOT will need to sign an
additional agreement to fund the operation of the City's TMC; probably
7:00 a.m. to 7:00 p.m., special events, and on -call for emergencies. The
personnel costs will probably be shared between TxDOT and the City.
Estimated cost of personnel services for 1 full time and 1 part time
engineering associate including benefits is $75,000-125,000 per year.
Maintenance of additional equipment within the TxDOT right-of-way will
be TxDOT's responsibility. If the City maintains the equipment, it will be
under a revenue neutral agreement with TxDOT.
Staff recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2004-RO552 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(30.) Resolution No. 2004-RO553 authorizing the Mayor to sign an
agreement with Texas Tech University for Installation and
Reimbursement for the Operation and Maintenance of Traffic Signals
on Texas Tech University (Traffic Engineering).
RESOLUTION NO.2004-RO553
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 Agreement for Installation and
Reimbursement for the Operation and Maintenance of Traffic Signals on the Texas Tech
University Camp, and any associated documents, by and between the City of Lubbock
and Texas Tech University, a copy of which Agreement is attached hereto which shall
constitute and be a part hereof as if fully copied herein in detail.
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Regular City Council Meeting
November 4, 2004
Page 452
Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeryl D. Hart, Jr.
Jeryl D. Hart, Jr., P.E., City Traffic Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Agreement is filed with Resolution No. 2004-R0553.
This agreement allows Texas Tech University to reimburse the City at a
flat rate for the maintenance of certain traffic signals on the Texas Tech
University (TTU) Campus. This agreement is similar to the current
agreement between TxDOT and the City for traffic signal maintenance on
TxDOT's freeway system. This agreement will allow the City to maintain
continuous traffic signal coordination along the Indiana Avenue/TTU
Parkway major arterial route through the TTU campus. This agreement
does not include all the traffic signals on campus at this time, but only the
signals on TTU Parkway, Indiana Avenue, and 181h Street, for a total of
four.
FISCAL IMPACT:
This is a revenue neutral agreement. The first year lump sum amount of
$8,480 will be billed and paid on a quarterly basis. FY 04-05 will include
three quarters with revenue of $6,360. An increase in Traffic
Engineering's operations budget for the additional effort is required:
First year labor costs: $2,120 (4523.8002) and $4,240 (4525.8002) - See
Budget Amendment No. 2
Future years will include materials costs. This agreement has an automatic
renewal clause and an automatic compensation adjustment clause based on
the appropriate federal consumer price index.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO553 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Boren recused himself.
9:44 A. M. CITY COUNCIL RECESSED
10:00 A.M. CITY COUNCIL RECONVENED IN WORK SESSION
Committee Room 103
All council members were present, except Mayor Pro Tern Martin
and Council Member DeLeon
(31.) Discussion of the Water Resource Master Plan.
Thomas Adams, Deputy City Manager, gave comments and introduced
Dale Cherry and Phil Spitzer of Black & Veatch. Mr. Spitzer gave a
PowerPoint presentation called "Integrated Water Resources Management
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Regular City Council Meeting
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Plan". Ches Carthel, Chief Engineer, Water Utilities, answered questions
from Council.
Council Member Boren stated that a policy statement is needed on how
the City of Lubbock reviews its water resources. The statement should be,
at what point in time do we treat that water to the point that it is a quality
of water that we can drink out of our faucets or cook our food with the
same confidence of that in every major city in Texas where they are doing
it already.
H. P. (Bo) Brown, Chairman of the Water Advisory Commission, stated
that the commission was in total accord to move forward with a study on
this.
Mayor Pro Tern Martin requested that City Manager Lou Fox put it on the
agenda to adopt a resolution that is official policy of the City of Lubbock
that we are moving toward getting out of the land application business for
wastewater disposal with all deliberate speed.
(32.) Presentation regarding activities and an overview of Ports -to -Plains.
Michael Reeves, President of Ports -to -Plains gave a presentation to
update the Mayor and City Council regarding recent and current activities
of Ports -to -Plains.
The Ports -to -Plains Trade Corridor Coalition is a non-profit organization
dedicated to ensuring the success of the Ports -to -Plains Trade Corridor.
The Coalition represents businesses, cities, counties, and organizations
along the trade corridor route.
Mayor Pro Tern Martin stated that at the annual meeting in November
2003, Ports -to -Plains made a change by broadening their mission
statement to include a rail component.
(33.) Presentation of the Citibus Strategic Planning Committee Strategic
Plan.
-- Craig Farmer, Managing Director of Planning & Transportation and
Liaison to Citibus, introduced Jay Jacobus, Chairperson of Citibus Transit
Authority and Carolyn Thompson-Conwright, Chair of the Public
Transportation Strategic Planning Task Force, who gave a presentation on
the Citibus Strategic Plan.
Council Member Gilbreath stated that at the last MPO meeting, when the
Transportation Plan was adopted, they talked about the City Council
adopting this plan at their next meeting and including that as an appendix
to the Transportation Plan. He suggested that this item be put on the
agenda for the next meeting.
11:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City CouncillCity Manager's Conference Room
All council members were present.
12:40 P. M. CITY COUNCIL RECONVENED IN WORK SESSION
Committee Room 103
All council members were present.
(34.) Discussion of potential State and Federal legislative issues for the City
of Lubbock.
The Mayor and City Council discussed potential legislative issues to
initiate or support during the 2005 Legislative Session.
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Regular City Council Meeting
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Page 454
Potential Legislative Issues
City Of Lubbock
Compiled by City Staff (based on Council discussion this past year)
State Legislative Issues:
♦ 5% local preference — Initiate legislation increasing local option
purchasing discretion from 3% to 5%. Lubbock's initiative was
passed by the Legislature in the 2003 session, but was vetoed by
Governor Perry. (Initiate).
♦ Advisory board member matters — Initiate legislation allowing a
municipality's governing body to deliberate its choices for Advisory
Board members during Executive Session. (Initiate).
♦ Alcohol Referendum — Initiate legislation that would allow City or
County elected officials to call for a referendum on alcohol sales
within their jurisdiction. Current law requires a petition process to call
such an election. Mayor Pro Tern Martin and Council Member Boren
were opposed to this item. (Initiate).
♦ Civil Service/Fire Dept. (AG's Opinion No. GA-0041) — Initiate
legislation to make a change in Chapter 143 of Local Govt. Code
where not all Fire Department employees fall under civil service
protection. (Support).
♦ Section 312 of the Tax Code related to tax abatements — Initiate
legislation to amend Section 312 of the Tax Code related to tax
abatements. The initiated legislation would allow counties to offer tax
abatement to the lessee of real property on the tangible personal
property located on the realty. Under current law, only municipalities
are allowed to offer abatement to the lessee under these conditions.
(Endorse).
♦ Junk Vehicles — Initiate legislation that would create a provision
whereby there would no longer be a public hearing process associated
with providing junk vehicle notices. (Initiate).
♦ Local flexibility in Enterprise Zones — Initiate legislation that
provides municipalities with greater discretion in the creation of
Enterprise Zones within their jurisdiction. Currently, Enterprise zones
are automatically created in all Census block group areas where 20%
or more of the population falls below the poverty level. (Initiate).
♦ Meet and Confer — Monitor and oppose legislation that would make
changes to Chapter 143 Subchapter J of the Texas Local Government
Code regarding "Meet and Confer". (Strongly oppose).
♦ Municipal street infrastructure funding — Initiating legislation that
would allow municipalities to enact a "Street Fee" or initiating
legislation that would direct a portion of State gasoline tax revenue to
municipalities are two options for increasing funding for municipal
street projects. (Support).
♦ Non-profit status of group homes — Initiate legislation requiring
proprietors of group home housing to be solely non-profit agencies.
(Combine this item with group home maximum occupancy stating
if you have more than six in a group home, it must be a strictly
non-profit operation and initiate.)
♦ Group home maximum occupancy — Initiate legislation that would
establish maximum group home occupancy levels that would protect
single-family residential developments from inharmonious and
harmful land uses and would provide a quality environment for the
residents of the district and the city. (Combine this item with
non-profit status of group homes stating if you have more than six
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Regular City Council Meeting
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Page 455
in a group home, it must be a strictly non-profit operation and
initiate.)
♦ Paving Assessments — Initiate legislation that amends the Local
Government Code to allow municipalities to assess adjacent
landowners for construction costs associated with paving
improvements. Currently, municipalities are only allowed to assess
adjacent property owners with fees based upon the enhanced value of
their property after receiving paving improvements. (Initiate.)
♦ Photo red light traffic enforcement (make a criminal not civil
offense) — Initiate legislation that would allow municipalities to rely
on a presumption that the registered owner of a vehicle is the
perpetrator of the violation documented under photographic
enforcement measures. (Monitor.)
♦ Transit Stations — Initiate legislation that would allow Municipal
Planning Organizations to set standards for development around transit
stations or initiate legislation that enables incentives for mixed use and
sustainable development around transit stations. (Take this item off.)
♦ Water Issues
■ Environmental Floes Study Commission
■ Senate Select committee on Water Policy
■ Arsenic standards
■ Desalination
■ Conservation — Outlined in Statement of Water Resource
Management Priorities
■ Reclamation and Reuse — Outlined in Statement of Water
Resource Management Priorities
■ Water Importation/Interbasin Transfers - Outlined in Statement
of Water Resource Management Priorities
■ Rule of Capture — Right of Capture
Mayor McDougal asked City Secretary Rebecca Garza to ask the
Water Advisory Committee to get a list of recommendations to the
Council at least by the end of December.
■ Do what we can with TxDOT for formula funding for the bus
systems
■ Introduce and support a Regional Mobility Authorities (RMA)
allowing cities to establish an RMA, rather than only counties
as it is now
■ Support Truth in Taxation and the 3% cap of appraisals of
home even to the point of making appraisal boards being
elected, not appointees of taxing entities. (Adopt same stance.)
■ Oppose any legislation that would water down our ability to
require utility companies to pay for relocations of their own
lines.
■ Give Mayor or Mayor Pro Tem authority to take a stance on
the matters that need quick action.
Federal Legislative Issues:
♦ Increased or level funding for CDBG and HOME programs — As
more entitlement cities qualify for CDBG or HOME programs, federal
funding remains unchanged, which decreases the level of funding for
the City. (Support.)
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♦ Transportation Appropriation Request/Caprock Xpress
Project — Support of Federal Appropriation request that was sent by
the Chamber of Commerce to Sen. Hutchinson and Sen. Comyn for
the AMTRAK demonstration train. This project would create a
passenger rail line from Dallas -Fort Worth area through Abilene,
Sweetwater, Lubbock, Amarillo to Denver, Colorado. (Support.)
♦ Water Issues
o Arsenic standards (Support.)
Council consensus was to bring this item back to the November 18, 2004
City Council Meeting.
1:43 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
2:47 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
All council members were present.
2:47 P. M. COUNCIL ADJOURNED
There being no fiuther business to come before Council, Council Member
Price made a motion to adjourn, and Mayor Pro Tem Martin adjourned the
meeting.
Read and approved thisday of
MARC MthOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
456