HomeMy WebLinkAboutMinutes - City Council - Regular - 12/16/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
DECEMBER 16, 2004
7:30 A. M.
The City Council of the City of Lubbock, Texas, met in regular session on the 16tn
day of December, 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, Mayor Pro Tem Tom Martin, Council
Member Linda DeLeon, Council Member Jim Gilbreath, Council
Member Floyd Price
Absent: Council Member Gary O. Boren, Council Member Phyllis Jones
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; medical records for an exception to
the City's health plan; 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; Planning and Transportation; 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 (Overton; Water Utilities).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary) and take appropriate action.
(4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Permit & License Appeal Board
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code Section 551.0785 to deliberate regarding medical records for an
exception to the City's health plan (Human Resources)
(6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding
operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans
and studies of Lubbock Power and Light;
Regular City Council Meeting
December 16, 2004
Page 528
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 0. 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; Rebecca Garza, City Secretary; and Richard Casner, First
Assistant City Attorney.
Absent: No one
Mayor McDougal called the meeting to order at 9:30 A. M.
(7.) Invocation by Pastor Jerry Ramirez, Associate Pastor for Student
Activities, Oakwood Baptist Church.
(8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
CITIZENS APPEARANCES
( 9.) Special presentation by Councilman Floyd Price to the Mayor and
fellow Council members.
Council Member Price called each council member to the center area and
presented them with a United States Flag and a certificate (Mike
Arismendez handed them out) that certifies the flag has been flown over
the State Capital at the request of Congressman Neugebauer and Council
Member Price. He then sang a song, doing all this to thank fellow council
members for working well together.
(10.) Presentation of a special recognition to the Lubbock Christian High
School Football Team for winning their first Texas Association of
Private and Parochial Schools (TAPPS) state championship.
The 2004 Lubbock Christian High School Football Team was present.
Mayor McDougal asked the coaches and team to join him in the center
area, while he read a special recognition and commended them on a great
season and hard work.
CONSENT AGENDA (Items 11-18, 20-21, 23, 25-26)
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to approve Items 11-18, 20-21, 23, 25-26 on consent
agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(11.) ORDINANCE NO. 2004-00140—Pursuant to Chapter 1, Article XII,
Section 1 of the Lubbock City Charter, supplanting Article XVIII of
Chapter 20 of the Code of Ordinances, outlining the duties and
responsibilities of the Electric Utility Board, providing for the
disbursement of revenues of the City's electric utility and further
defining conflicts of interest and penalties associated therewith
(LP&L) (second and final reading).
ORDINANCE NO. 2004-00140
AN ORDINANCE SUPPLANTING ARTICLE XVIII OF CHAPTER 20 OF THE
CODE OF ORDINANCES, PURSUANT TO CHAPTER 1, ARTICLE XII, SECTION
I OF THE LUBBOCK CITY CHARTER, OUTLINING THE DUTIES AND
RESPONSIBILITIES OF THE ELECTRIC UTILITY BOARD; PROVIDING FOR
THE DISBURSEMENT OF REVENUES OF THE CITY'S ELECTRIC UTILITY;
FURTHER DEFINING CONFLICTS OF INTERESTS AND PENALTIES
ASSOCIATED THEREWITH; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
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(12.) ORDINANCE NO. 2004-00142—ZONE CASE NO. 2879-A (1704
Avenue X): Consider the request of Robert M. Sea for a zoning
change from R-2 to R-2 DH on Lot 6 and south half of Lot 5, Block
104 Overton Addition, (second and final reading).
ORDINANCE NO. 2004-00142
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2879-A; A ZONING CHANGE FROM R-2 TO R-2 DH
ON LOT 6 AND SOUTH ONE-HALF OF LOT 5, BLOCK 104, OVERTON
ADDITION, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(13.) ORDINANCE NO. 2004-00143—ZONE CASE NO. 3024 (north of
Erskine Street and east of Milwaukee Avenue): Consider the request
of Mark Anderson (for Wilshire Estates, LLP) for a zoning change
from T/R-1 to C-3 and R-I Specific Use for single family residences on
a 68.6 acre tract of land out of the southwest corner of Section 7,
Block JS, (second and final reading).
ORDINANCE NO. 2004-00143
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3024; A ZONING CHANGE FROM T/R-1 TO C-3
AND R-1 SPECIFIC USE FOR SINGLE FAMILY RESIDENCES ON A 17.4 ACRE
TRACT OF LAND OUT OF THE SOUTHWEST CORNER OF SECTION 7, BLOCK
JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(14.) ORDINANCE NO. 2004-00144—ZONE CASE NO. 3025 (6916 82nd
Street): Consider the request of Keith McNeese/Gary Greenstreet for
a zoning change from T to C-3 on an unplatted Tract out of Section
30, Block AK, (second and final reading).
ORDINANCE NO. 2004-00144
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3025; A ZONING CHANGE FROM T TO C-3
ZONING ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 30, BLOCK
AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
(15.) ORDINANCE NO. 2004-00145—ZONE CASE NO. 3027 (1511
Avenue M): Consider the request of Interfaith Hospitality Network
for Homeless Families, Inc. for a zoning change from C-4 to C-4 DH
on Lots 5-7, Block 178, Original Town Lubbock, (second and final
reading).
ORDINANCE NO. 2004-00145
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3027; A ZONING CHANGE FROM C-4 TO C-4 DH
ON LOTS 5-7, BLOCK 178, ORIGINAL TOWN LUBBOCK, LUBBOCK, TEXAS;
DESIGNATING A LANDMARK THEREON; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(16.) ORDINANCE NO. 2004-00146—ZONE CASE NO. 915-C (33
Briercroft Office Park): Consider the request of Next Media Corp.
(for KLLL-FM/KMMY-FM/Kone FM/Kote FM) for a zoning change
from R-3 Specific Use to R-3 Specific Use for a 70-foot tall
communication tower (radio) on Lot 33, Briercroft Office Park
Addition, (second and final reading).
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ORDINANCE NO. 2004-00146
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 915-C; A ZONING CHANGE FROM R-3 SPECIFIC
USE TO R-3 SPECIFIC USE FOR A 70 FOOT TALL COMMUNICATION TOWER
(RADIO) ON LOT 33, BRIERCROFT OFFICE PARK ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(17.) ORDINANCE NO. 2004-00141—Amending existing procedures and
adjusting fees for re -issuance of construction permits where the
original permittee is to be replaced by a second and subsequent
contractor (Building Inspections) (second and final reading).
ORDINANCE NO. 2004-00141
AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21(b), OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK SO AS TO PROVIDE FOR
THE ISSUEANCE OF SECOND AND SUBSEQUENT PERMITS PER JOB SITE IN
THE EVENT THE CURRENT PERMITTEE HAS FAILED TO COMPLETE THE
WORK OR IS NO LONGER ASSOCIATED WITH THE PROJECT, ESTABLISHING
A TRANSFER PERMIT, ESTABLISHING A FEE FOR ISSUANCE OF A TRANSFER
PERMIT, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(18.) Ordinance No. 2004-00151 amending Sections 2-439 through 2-459
and 6-122(1) of the Lubbock Code of Ordinances establishing a
master electrician on the Building Board of Appeals in lieu of a
journeyman plumber, transferring jurisdiction of the electrical code
appeals process to the Building Board of Appeals, and abolishing the
Board of Electrical Examiners (Building Inspections) first reading).
ORDINANCE NO. 2004-00151
AN ORDINANCE REPEALING CHAPTER 2, ARTICLE XVII, SECTIONS 2-439
THROUGH 2-459; AMENDING CHAPTER 6, ARTICLE V, SECTION 6-122(1) OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY
REDEFINING ALL REFERENCES TO THE BOARD OF ELECTRICAL
EXAMINERS CONTAINED IN THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS TO MEAN AND REFER TO THE BUILDING BOARD OF
APPEALS; PROVIDING AN EFFECTIVE DATE, PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
The State of Texas has assumed responsibility for licensing and regulation
of the electrical trade statewide. Our local electrician -licensing program
will therefore cease to exist upon expiration of current licenses effective
Dec. 31, 2004. This relegates the Electrical Board solely to an appellate
body; a function already served by the Building Board of Appeals. The
Electrical Board therefore recommended consolidation of the Boards, with
the inclusion of an electrical trade representative.
FISCAL IMPACT:
The City will eliminate Board expenses.
The Board of Electrical Examiners, as well as the Building Board of
Appeals, recommended approval of this ordinance.
Staff recommended approval of this ordinance.
The next items considered were Items 20-21.
(19.) Ordinance No. 2004-0 amending Ordinance No. 10208 relating to
Backflow and Cross Connection Protection of the public water system
(Public Works) first reading).
This item was deleted.
Items 20-21 were considered following Item 18.
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(20.) Ordinance No. 2004-00152 amending provisions of certain
ordinances authorizing the issuance of outstanding Electric Light and
Power System Revenue Bonds to allow for a Board of Trustees to
manage and operate the City's Electric Light and Power System; and
resolving other matters incident and related thereto (Finance) (first
reading).
ORDINANCE NO.2004-00152
AN ORDINANCE AMENDING PROVISIONS OF CERTAIN ORDINANCES
AUTHORIZING THE ISSUANCE OF OUTSTANDING ELECTRIC LIGHT AND
POWER SYSTEM REVENUE BONDS TO ALLOW FOR A BOARD OF TRUSTEES
TO MANAGE AND OPERATE THE CITY'S ELECTRIC LIGHT AND POWER
SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
THERETO.
The City previously issued bonds for Lubbock Power and Light, and the
following bonds are currently outstanding:
1. City of Lubbock, Texas Electric Light and Power System Revenue
Refunding Bonds, Series 1995, dated June 15, 1995, authorized
pursuant to Ordinance No. 9815, with a principal amount
outstanding as of August 10, 2004, of $4,360,000;
2. City of Lubbock, Texas Electric Light and Power System Revenue
Bonds, Series 1998, dated January 1, 1998, authorized pursuant to
Ordinance No. 10040, with a principal amount outstanding as of
August 10, 2004, of $6,440,000;
3. City of Lubbock, Texas Electric Light and Power System Revenue
Bonds, Series 1999, dated January 15, 1999, authorized pursuant to
Ordinance No. 10136, with a principal amount outstanding as of
August 10, 2004, of $9,185,000; and
4. City of Lubbock, Texas Electric Light and Power System Revenue
Bonds, Series 2001, dated July 1, 2001, authorized pursuant to
Ordinance No. 2001-00043, with a principal amount outstanding as
of August 10, 2004, of $7,820,000;
The bond ordinances authorizing the issuance of the above bonds require
that the City obtain written consent of the majority of bondholders for
amendments that may be made to the bond ordinances.
On August 10, 2004 the City determined it had received written consent
from the owners holding at least $17,100,000 in aggregate principal
amount (or 61.52%) of the above -identified bonds currently outstanding to
amend the Prior Bond Ordinances "to allow the transfer of management
and operations of its Electric Utility System to an independent Board of
Trustees". The City has also obtained the written consent for the
amendments from MBIA Insurance Corporation and Ambac Assurance
Corporation, which provide insurance for the payment of one or more of
such series of bonds.
FISCAL IMPACT:
No fiscal impact.
City management has determined the above -mentioned ordinances should
be amended to authorize the transfer of management and operations of its
Electric Light and Power System to an independent Board of Trustees.
Staff recommended approval of this ordinance.
(21.) Resolution No. 2004-RO582 waiving construction permit and
inspection fees for the Larry Combest Community Health and
Wellness Center, to be located at 305 401h Street (Building
Inspections).
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RESOLUTION NO. 2004-RO582
WHEREAS, Texas Tech University Health Sciences Center (herein called "TTU") is a
governmental entity engaged in teaching individuals to practice medicine in various
medical fields; and
WHEREAS, the City Council of the City of Lubbock, Texas recognizes that as a part of
TTU's mission to teach medical arts, TTU supplies the medical needs to individuals in
and around the City of Lubbock (herein called the "City"); and
WHEREAS, TTU desires to build and administer a wellness center (herein called the
"Center") that will serve the medical needs of low -to -moderate households in the Harwell
Neighborhood in the City and will offer preventive medical as well as clinical services to
those in said area; and
WHERAS, on September 18, 2003, the City entered into a Community Development
Block Grant agreement with TTU (herein called the "Agreement") wherein the City
granted Two hundred fifty thousand dollars and no cents ($250,000.00) of federal grant
monies to TTU for the Center; and
WHEREAS, in granting said monies, the City found that the services to be provided by
TTU in the Center benefit citizens of the City and constitute a valuable public service;
and
WHEREAS, the City Council has declared the Center project of TTU to be a public
purpose in the Agreement; and
WHEREAS, in order to complete the Center and begin services, TTU must obtain
necessary building permits and inspections from the City; and
WHEREAS, in order to further facilitate the public purpose of TTU's Center project, the
City Council desires to waive any and all fees related to any required building inspections
and/or permits for TTU's Center;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the City Council of the City of Lubbock, Texas finds that the waiving of any and
all fees related to any required building inspections and/or permits for the Texas Tech
University Health Sciences Center's Wellness Center project is a public purpose.
Furthermore, the City Council does hereby waive the above -described fees for said
Wellness Center project.
Passed by the City Council this 16th day of December, 2004.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Director of Planning
and Transportation
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
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The Texas Tech Health Sciences Center will construct this 6,528 square
foot medical clinic and lease it from the Lubbock Independent School
District. They have requested that all fees associated with the permit and
inspection process be waived. Although this facility will be occupied by a
state agency normally exempt from municipal regulation, the facility is
owned by a non-exempt entity; therefore, regulations and fees apply.
FISCAL IMPACT:
Normal permit and inspection fees would be approximately $1,188 for this
project.
City Council has the authority to waive regulatory fees by resolution if
they find a legitimate public purpose in doing so.
Staff recommended approval of this resolution.
(22.) Resolution No. 2004-R authorizing the Mayor and City Council to
sell 4.73 acres of land located at 1802 Parkway Drive to the North &
East Lubbock Community Development Corporation pursuant to the
recommendation of the Library's Board of Directors on October 18,
2004 (North & East Lubbock CDC).
This item was deleted.
(23.) Resolution No. 2004-RO583 supporting the Citibus Strategic Plan
prepared by the Public Transportation Strategic Planning Task Force
(Citibus).
RESOLUTION NO.2004-RO583
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor and City Council of the City of Lubbock hereby support
Citibus' Strategic Plan prepared by the Public Transportation Strategic Planning Task
Force. Said Strategic Plan shall be included in the minutes of the Council.
Passed by the City Council this 16th day of December, 2004.
/S/ MARC MCDOLTGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig; Farmer
Craig Farmer
Managing Director of Planning & Transportation
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
Citibus staff members and members of the Public Transportation Strategic
Planning Task Force met with Craig Farmer, FAICP, to develop a revised
mission statement and the following list of strategic issues, goals, and
strategies. Participants in the process were:
Public Transportation Strategic Planning Task Force:
Carolyn Thompson-Conwright, chairman
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Rich Baker, vice-chairman
Steve Warren
Cindy Finley
Brian Baker
John Wilson
Jay Jacobus
Citibus Staff Members:
Brent Black
Shannon Garrett
Melinda Harvey
Matt Jacobs
Michael Mangum
Pat Peters
Julie Polk
Other Participants:
Craig Farmer, FAICP, City of Lubbock
Jere Hart, City of Lubbock
Mission Statement
Citibus is committed to providing quality, reliable, accessible,
economical, and safe transportation services to all citizens while
constantly striving for improvements.
Good political networking
Public/private partnerships; relationship with Tech, LISD, United,
SPARTAN, CAPTRANS, etc.
Good interagency relationships (FTA, TxDOT)
Visibility — Tech campus; peak hour fixed route service
Public service — favorable image
Dedicated employees
Quality customer service
Affordable service
Well -established in the community
Modern fleet
Service in demand
Tangible service
Strong representation
29 years of good experience
Marketing, community services
Statewide reputation
Compliance — ADA, grants, etc.
Try to anticipate the future
Try to constantly improve; trends and technology
Receptive to criticism
Issue 1: Funding doesn't match mission. (Wea ess)
Goal 1: Increase funding for Citibus operations to appropriate
levels.
Strategy 1.1 Continue to inform City Council as to the importance of
public transportation.
Strategy 1.2 Support Senate Bill 2506 — Continuation of flexible
funding (100 bus limit).
Strategy 1.3 Find funding to restore 30 minute fixed route service
throughout the system, Monday -Saturday.
Strategy 1.4 Encourage Congressional Reauthorization Conference
Committee to fund transit at the highest level possible.
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Strategy 1.5 Investigate flexing funds from the Surface Transportation
Program to Citibus.
Issue ? : [.oss„of slate #nd federal funding. iE#r641
Goal 2.1: Restore flexibility in federal funding for operating
assistance and support performance -based state funding formula.
Strategy 2.1 Support Senate Bill 2506.
Strategy 2.2 Work with Congressional Reauthorization Conference
Committee to allow flexible funding for the FY04-09 reauthorization bill.
Strategy 2.3 Continue to support 200,000 Population Coalition and its
goal of restoration of funding flexibility.
Strategy 2.4 Work with TxDOT Commission to modify state funding
formula to include more emphasis on performance measures.
Strategy 2.5 Seek strategic priority funds from the TxDOT Commission.
Strategy 2.6 Work with the Texas Transit Association on transit funding
legislation for the 2005-2007 biennium.
Strategy 2.7 As a last resort, revise service contingency plan.
Strategy 2.8 Increase planning funds from the Lubbock Metropolitan
Planning Organization.
Goal 2.2: Continue to develop political support.
Strategy 2.9 Strengthen City Council's commitment to public
transportation.
Strategy 2.10 Seek additional funding from APTA to expand the South
Plains Transportation Alliance.
Strategy 2.11 Continue to support 200,000 Population Coalition.
qe3: fJiWargudingiparmptiownf what , .does.
Goal 3.1: Educate the general public on the benefits of public transit,
even to non -users of the system.
Strategy 3.1 Select a marketing/public relations firm that can develop an
image campaign that will enhance the public's perception and promote the
benefits of Citibus.
Strategy 3.2 Develop program of public recognition of Citibus
employees that promote the Citibus mission statement. (Consumer based)
Goal 3.2: Educate the public and consumers on Citibus operating
policies and procedures.
Strategy 3.3 Make passengers aware that they have responsibilities, as
well as Citibus.
Strategy 3.4 Make sure that information is readily accessible to all
citizens.
Issue 4'1�'
Goal 4: Seek opportunities to increase service and revenues through
collaborative efforts with other entities.
Strategy 4.1 Develop coordination with health and human services
agencies.
Strategy 4.2 Develop new revenue sources; expand existing revenue
sources.
Strategy 4.3 Increase sales of advertising.
• Vinyl and in -bus advertising
• Work with the City to amend the ordinance to allow shelter and
bench advertising.
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Strategy 4.4 Continue to provide shuttles for sporting events; seek
sponsorship for shuttle services.
Strategy 4.5 Explore possibility of selling radio rights.
Strategy 4.6 Seek ways to expand service to university campuses,
educational facilities and student -orientated apartment communities
resulting in increased revenues.
• Continue to work with Tech Student Government Association to
increase funding for transportation services.
• Develop improved partnerships with LISD and other schools in the
service area.
Issue 5: Increased regulations and unfunded mandates.
(Threat)
Goal 5: Control costs related to regulatory compliance and
governmental mandates.
Strategy 5.1 Use existing political networks to gain as much information
as possible regarding any proposed legislation.
Strategy 5.2 Provide comments, to legislators and to appropriate
agencies, on all Notices of Proposed Rule Making.
Issue 6: Access to all parts u r e cite. (Weakness)
Goal 6.1: Monitor areas of growth in the city and develop long-range
service expansion plans; include passenger amenities throughout the
system.
Strategy 6.1
Construct additional centrally located transfer plaza.
Strategy 6.2
Provide regional coordination of regional start-up service.
Strategy 6.3
Develop long-range service expansion plan.
Goal 6.2: Improve passenger amenities and information throughout
the system.
Strategy 6.4
Install route information signs along routes.
Strategy 6.5
Produce maps for individual bus routes.
Strategy 6.6 Make all service information available in accessible
formats, including information regarding the TTY line.
Strategy 6.7 Provide route and schedule information at local businesses.
Issue 7: Deed better building/facility/technology°/security.
(Weakness)
Goal 7: Improve security measures as a way to provide a better
environment for employees and customers.
Strategy 7.1 Install security cameras on all revenue vehicles.
(Dependent on funding by a Homeland Security Grant)
Strategy 7.2 Increase security of transit facility, including administrative
offices, maintenance facility, and bus yard.
Strategy 7.3 Work to implement Federal safety, security, and emergency
preparedness mandates, including installing magnetic card locks.
Strategy 7.4 Replace firebox system.
Strategy 7.5 Install NextBus technology and/or Transportation
Television Network.
Strategy 7.6 Install Signal Preemption on buses.
This item was considered following Item 21.
As directed by the Lubbock City Council, the Public Transportation
Strategic Planning Task Force has prepared a strategic plan for Citibus.
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Mr. Jay Jacobus, Chairman of the Public Transit Advisory Board, and Ms.
Carolyn Thompson-Conwright, Chairperson of the Public Transportation
Strategic Planning Task Force, presented the strategic plan to the Council
at the November 4, 2004, City Council work session.
FISCAL IMPACT:
Approval of the Citibus Strategic Plan will result in no additional cost to
the City of Lubbock.
Citibus recommended approval of this resolution.
The next items considered were Items 25-26.
(24.) Resolution No. 2004-RO586 authorizing the Mayor to execute for and
on behalf of the City a contract between the City and Meyers &
Associates, for federal legislative counseling services (Legislation).
This item was moved to Regular Meeting and considered following
Item 26.
RESOLUTION NO. 2004-RO586
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 federal legislative
counseling services and any related documents with Meyers & Associates, a copy of
which Agreement is attached hereto and which shall be spread upon the minutes of this
Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this 16th day of December, 2004.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Agreement is filed with Resolution No. 2004-R0586.
Meyers & Associates specializes in providing governmental relations
services in federal legislative and administrative matters. The City
currently has a contract with them that expires December 31, 2004. Under
the terms of the current contract, this agreement can be renewed for an
additional year and the retainer may be raised from $6,750 per month plus
expenses not to exceed $750 to $8,000 per month plus expenses not to
exceed $750.
FISCAL IMPACT:
This agreement represents an annual increase of $15,000, however,
$106,750 was budgeted for FY05, which covers the increase.
Legislative staff recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2004-RO586 authorizing the Mayor
to execute for and on behalf of the City a contract between the City and
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Meyers & Associates, for federal legislative counseling services. Motion
carried: 7 Yeas, 0 Nays.
Council Member Gilbreath asked that this item be pulled separately to
recognize City Secretary, Becky Garza, on re -negotiating the contract with
Meyers and Associates.
The next items considered were 27-30D
Items 25-26 were considered following Item 23.
(25.) Resolution No. 2004-RO584 - BID #178-04/VK--for Master
Lease -Purchase Agreement (Purchasing).
RESOLUTION NO.2004-RO584
BE IT RESOLVED B 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 Master
Municipal Lease/Purchase Agreement, by and between the City of Lubbock and Frost
Leasing of Addison, 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 16`h day of December, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0584.
This bid establishes a master lease -purchase agreement to provide funding
to finance the City's general equipment needs. Lease -purchase financing
represents a way for municipalities to conserve their cash while acquiring
the equipment and facilities necessary for government to function. A
municipal lease -purchase agreement is a financial instrument that enables
a municipality to use annual tax revenue streams to make payments for
essential use equipment at lower tax-exempt interest rates. This type of
installment purchase is also referred to as "municipal lease -purchase". The
interest earned under a properly structured and documented lease is
exempt from federal income tax under the same tax laws that enable a
municipal bond to carry a tax-exempt rate. Because the lessor does not pay
federal tax on the interest earned, a tax-exempt lease provides a much
lower interest rate to the municipality than other types of borrowing
instruments.
As described in Master Lease Agreement provided in council backup, this
financing will function as a master lease, with the City financing various
equipment acquired during an acquisition period at different times over the
term of the agreement. Staff expects to finance approximately $7 million
of equipment in each fiscal year during each acquisition period. Each item
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Regular City Council Meeting
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Page 539
of equipment acquired under the agreement will be identified and the
terms of the lease arrangement identified in an appendix to the Master
Lease Agreement. Items of equipment to be acquired by the City should
be paid by the selected firm within ten business days of the City's written
notification and the City furnishing appropriate documentation required in
the agreement. This financing is not structured as a "revolving" line of
credit.
FISCAL IMPACT:
A municipal lease -purchase represents a year-to-year commitment on the
part of a municipality to make lease payments, not a commitment to pay
debt service. In other words, lease -purchases are not considered debt and
therefore, are not subject to the limitations placed on debt by state and
local laws. Staff expects to finance the costs of acquiring equipment
totaling approximately $7 million through September 30, 2005, plus an
extension of the agreement at the City's option for two one-year periods of
approximately $7 million for each one-year extension. The term of the
acquisition period will not extend beyond September 2007 and will not
exceed $21 million, unless mutually agreed by the City and the selected
firm.
Staff recommended approval of this resolution.
(26.) Resolution No. 2004-RO585 - BID #04-183/BM—for Pre -Engineered
Metal Building at the Southeast Recycling Center (Public Works).
RESOLUTION NO. 2004-RO585
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 the pre-
engineered metal building at the Southeast Recycling Center, Bid #183-04/BM, by and
between the City of Lubbock and G. Greenstreet, 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 December, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 16th day of December, 2004, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
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Regular City Council Meeting
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Page 540
OWNER, and G. GREENSTREET, INC., of the City of Lubbock, Texas, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #04-183-BM - PRE -ENGINEERING METAL BUILDING AT THE SOUTHEAST
RECYCLING CENTER - $154,500
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER) G. GREENSTREET, INC.
By: Marc McDougal
Mayor
ATTEST:
/s! Rebecca Garza
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Owner's Representative
By: /s/ Mike Vasquez
PRINTED NAME: Mike Vasquez
TITLE: Vice President
COMPLETE ADDRESS:
G. GREENSTREET, INC.
112 East 72nd Street
Lubbock, Texas 79404
ATTEST:
APPROVED AS TO FORM: Corporate Secretary
/s/ Don Vandiver
City Attorney
This project involves the construction of a permanent facility for Solid
Waste Management to house a recycling baler, provide storage of recycled
items that are not accepted locally, and provide a work area for the repair
of dumpsters and small equipment. The project includes a pre-engineered
100-foot by 60-foot metal building, a concrete slab, and complete
electrical and mechanical systems.
Time for completion is 180 consecutive calendar days and liquidated
damages are $1,000 per day. One hundred thirty-six local contractors and
subcontractors were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $330,000 was appropriated with $166,958 available in Project
90062 (Recycling Drop Off Center) for this purpose.
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Regular City Council Meeting
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Page 541
Staff recommended contract award to G. Greenstreet, Inc. of Lubbock,
Texas for $154,500.
The next item considered was Item 24.
ORDINANCES FOR PASSAGE
Second Reading
Items 27-30D were considered following Item 24.
(27.) ORDINANCE NO. 2004-00150—Reviewing classifications for the
methods of assessing special benefits for the services and
improvements of property in the North Overton Public Improvement
District; approving, adopting and filing with the City Secretary the
Assessment Role; closing the hearing and levying assessments for the
cost of certain services and/or improvements to be provided in the
District during 2005 (Business Development) (second and final
reading).
ORDINANCE NO.2004-00150
AN ORDINANCE REVIEWING CLASSIFICATIONS FOR THE METHODS
OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND
IMPROVEMENTS OF PROPERTY IN THE NORTH OVERTON PUBLIC
IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND
FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; CLOSING THE
HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT
DURING 2005; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN
THE DISTRICT AND AGAINST THE OWNERS THEREOF; AND PROVIDING FOR
THE COLLECTION OF THE ASSESSMENT.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass on second and final reading Ordinance No.
2004-00150 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
(28.) ORDINANCE NO. 2004-00149—Establishing classifications for
apportionment of costs and the methods of assessing special benefits
for the services and improvements of property in the North Point
Public Improvement District; approving, adopting and filing with the
City Secretary the Assessment Role; closing the hearing and levying
assessments for the cost of certain services and/or improvements to be
provided in the District during 2005 (Business Development) (second
and final reading).
ORDINANCE NO.2004-00149
AN ORDINANCE ESTABLISHING CLASSIFICATIONS FOR THE
APPORTIONMENT OF COSTS AND THE METHODS OF ASSESSING SPECIAL
BENEFITS FOR THE SERVICES AND IMPROVEMENTS OF PROPERTY IN THE
NORTH POINT PUBLIC IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING,
ADOPTING AND FILING WITH THE CITY SECRETARY THE ASSESSMENT
ROLL; CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST
OF CERTAIN SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE
DISTRICT DURING 2005; FIXING CHARGES AND LIENS AGAINST THE
PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF;
PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING
AN EFFECTIVE DATE.
Motion was made by Council Member Jones, seconded by Council
Member Price to pass on second and final reading Ordinance No.
2004-00149 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
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Regular City Council Meeting
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Page 542
(29•) ORDINANCE NO. 2004-00147—ZONE CASE NO. 3026 (southwest
corner of Slide Road and 103rd Street): Consider the request of N.
Cinc Development (for Slide Road-98th Joint Venture) for a zoning
change from T to C-4 for a retail store and shops on an unplatted
Tract out of Section 25, Block E-2, (second and final reading).
This item was continued.
Mayor McDougal requested that this item be continued until first Council
meeting in January 2005.
ADMINISTRATIVE SERVICES
Human Resources
(30.) Resolution No. 2004-RO587 authorizing the Mayor to execute a
contract by and between the City and ICON Benefits Administrators,
II, L.P. for health insurance claims administration, employee medical
care clinic and for cafeteria plan administration.
RESOLUTION NO.2004-RO587
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 enter into an Administrative Services Agreement by and between the City of
Lubbock and ICON Benefits Administrators, II, L.P. for health insurance claims
administration, an employee medical care clinic and cafeteria plan administration. Such
agreement is attached hereto and incorporated herein and into the minutes of the Council
as though set forth fully therein.
Passed by the City Council this 16th day of December, 2004.
/S/ MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Matthew L. Wade _
Matthew L. Wade
Natural Resources Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0587.
The City provides medical, prescription, and dental coverage for all full-
time City employees. Employees have the option to purchase medical,
prescription, and dental coverage for an eligible spouse and/or eligible
dependent. Full-time employees may also participate in the cafeteria plan
that includes a premium only plan, an unreimbursed medical account, and
a dependent care account. Retirees have the option to purchase medical,
dental, and prescription coverage for themselves and eligible dependents.
ICON Benefit Administrators has provided the claims administration
services for the health plan and cafeteria plan since January 1, 2004. Fees
for claims administration remains the same as in the 2004 plan year,
approximately $690,000.
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Page 543
FISCAL IMPACT:
The ICON administration fee remains unchanged for plan year 2004. This
amount was budgeted in the Health Benefits Fund for fiscal year 2004-05.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO587 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren recused himself
(30A.) Resolution No. 2004-RO588 authorizing the Mayor to execute a
contract by and between the City and Q-elements for care
management services.
RESOLUTION NO. 2004-RO588
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 enter into a contract by and between the City of Lubbock and Highmark Life
Insurance Company for stop loss insurance. Such agreement is attached hereto and
incorporated herein and into the minutes of the Council as though set forth fully therein.
Passed by the City Council this 16th day of December, 2004.
/S/ MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade
Natural Resources Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0588.
The City of Lubbock provides medical, prescription and dental coverage
for all full-time City of Lubbock employees. Employees have the option to
purchase medical, prescription, and dental coverage for an eligible spouse
and/or eligible dependent. Full-time employees may also participate in the
cafeteria plan that includes a premium only plan, an unreimbursed medical
account and a dependent care account. Retirees have the option to
purchase medical, dental, and prescription coverage for themselves and
eligible dependents.
Q-elements have administered the health plan's managed care program
since January 1, 2004. Q-elements provides utilization review, maternity
management, large case management and disease management programs.
Q-elements focuses not only on the catastrophically ill, but also on disease
prevention, wellness promotion, and assisting members with questions
about their health issues. Q-elements pricing for plan year 2005 remains
the same as the prior year, about $122,544.
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Regular City Council Meeting
December 16, 2004
Page 544
FISCAL IMPACT:
Q-elements pricing for plan year 2005 remains the same as the prior year,
approximately $122,544.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO588 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren recused himself.
(30B.) Resolution No. 2004-RO589 authorizing the Mayor to execute a
contract by and between the City and Systemed, L.L.C. through
Medco Health for a prescription drug benefits program.
RESOLUTION NO.2004-RO589
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 enter into a contract by and between the City of Lubbock and Systemed,
L.L.C. through Medco Health for a prescription drug benefits program. Such agreement
is attached hereto and incorporated herein and into the minutes of the Council as though
set forth fully therein.
Passed by the City Council this 16th day of December, 2004.
/S MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade
Natural Resources Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0589.
The City of Lubbock provides medical, prescription and dental coverage
for all full-time City of Lubbock employees. Employees have the option to
purchase medical, prescription, and dental coverage for an eligible spouse
and/or eligible dependent. Full-time employees may also participate in the
cafeteria plan that includes a premium only plan, an unreimbursed medical
account and a dependent care account. Retirees have the option to
purchase medical, dental, and prescription coverage for themselves and
eligible dependents.
Medco Health has provided the prescription drug benefit since January 1,
2004. For 2005, Medco is proposing a formulary. Implementing the
formulary will result in an anticipated savings to the City of $429,858.
The 2005 prescription drug costs are estimated at $2,544,200.
FISCAL IMPACT:
Implementing the formulary will result in an anticipated savings to the
City of $429,858. The 2005 prescription drug costs are estimated at
$2,544,200.
544
Regular City Council Meeting
December 16, 2004
Page 545
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO589 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren recused himself.
(30C.) Resolution No. 2004-RO590 authorizing the Mayor to execute a
contract by and between the City and AIG Insurance Company for
organ transplant insurance.
RESOLUTION NO.2004-RO590
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 enter into a contract by and between the City of Lubbock and AIG Insurance
Company for organ transplant insurance. Such agreement is attached hereto and
incorporated herein and into the minutes of the Council as though set forth fully therein.
Passed by the City Council this 16th day of December, 2004.
/S MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade
Natural Resources Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0590.
The City of Lubbock provides medical, prescription and dental coverage
for all full-time City of Lubbock employees. Employees have the option to
purchase medical, prescription, and dental coverage for an eligible spouse
and/or eligible dependent. Full-time employees may also participate in the
cafeteria plan that includes a premium only plan, an unreimbursed medical
account and a dependent care account. Retirees have the option to
purchase medical, dental, and prescription coverage for themselves and
eligible dependents.
ICON has recommended that the City add a transplant program through
AIG Insurance Company. The transplant program pays 100% of all
transplant related costs from the 1" dollar up to $1,000,000 at network
facilities. The benefit begins at evaluation stage and extends 365 days
after the transplant, covering virtually all of the catastrophic claims
associated with transplants. There are no deductibles or co-insurance paid
by the insured.
FISCAL IMPACT:
The annual premium for the transplant policy is $148,277.
Staff recommended approval of this resolution.
545
Regular City Council Meeting
December 16, 2004
Page 546
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO590 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren recused himself.
(30D.) Resolution No. 2004-RO591 authorizing the Mayor to execute a
contract by and between the City and Highmark Life Insurance
Company for stop loss insurance.
RESOLUTION NO.2004-RO591
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 enter into a contract by and between the City of Lubbock and Highmark Life
Insurance Company for stop loss insurance. Such agreement is attached hereto and
incorporated herein and into the minutes of the Council as though set forth fully therein.
Passed by the City Council this 16th day of December, 2004.
/S / MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade
Natural Resources Attorney
The City of Lubbock provides medical, prescription and dental coverage
for all full-time City of Lubbock employees. Employees have the option to
purchase medical, prescription, and dental coverage for an eligible spouse
and/or eligible dependent. Full-time employees may also participate in the
cafeteria plan that includes a premium only plan, an unreimbursed medical
account and a dependent care account. Retirees have the option to
purchase medical, dental, and prescription coverage for themselves and
eligible dependents.
The stop loss insurance (umbrella policy) is currently provided through
Pan American Insurance Company. Based on quotations received by
ICON on the City's behalf, staff recommended changing stop loss carries
from Pan American to Highmark. Highmark will provide stop loss
coverage at $150,000 per person with an aggregate limit of approximately
$14,732,167 and is priced $88,297 lower than the proposed Pan American
quotation. The annual premiums for stop loss coverage are approximately
$539,556.
The 2005 health plan costs are estimated by ICON to be $16,173,704. The
City's portion of the overall cost is $9,793,478. The budget was increased
by 13% for the medical coverage and 11 % for the dental coverage. If
premiums paid by City employees and retirees in plan year 2005 are not
increased, the Health Benefits Fund will be reduced by approximately $2.6
million to offset the increase in fixed costs at September 30, 2005.
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Regular City Council Meeting
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Page 547
In plan year 2005, the Health Benefits Fund will support a new medical
care clinic. The approximate first year cost for the clinic will be a
minimum of $726,000. Staff believes that the City's claims expenditures
will reduce by at least this amount. Therefore, the ICON contract
guarantees that savings to the medical plan will offset the clinic costs over
a 2-year period or ICON will reimburse the City for all expenses above
our costs. The clinic is at no cost to employees and retirees or their
dependents that are covered under the City's health plan.
FISCAL IMPACT:
If premiums paid by City employees and retirees in plan year 2005 are not
increased, the Health Benefits Fund will be reduced by approximately $2.6
million to offset the increase in fixed costs at September 30, 2005. A
substantial increase in contribution rates is expected for the fiscal year
2005-2006 budget in order to maintain a financially prudent 3-month cash
reserve in this fund.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tem. Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO591 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren recused himself.
(31.) Resolution No. 2004-R approving Request No. 2004-1 for an
exception to the City of Lubbock Group Health Plan.
This item was deleted.
(31A.) Ordinance No. 2004-0 authorizing the Mayor to execute an
ordinance amending section 5 of Ordinance #10007.
This item was deleted.
Parks and Recreation
(32.) Resolution No. 2004-RO592 approving a Change Order with David
Wood Construction in the amount of $83,711 for the Mackenzie
Amphitheater and Mackenzie Border Fence project.
RESOLUTION NO.2004-RO592
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Change Order with David
Wood Construction in the amount of $83,711 for the Mackenzie Amphitheater and
Mackenzie Border Fence projects. Said Change Order is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 16th day of December, 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
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Regular City Council Meeting
December 16, 2004
Page 548
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
On May 6, 2004 the City Council approved Resolution No. 2004-R0233
whereby the City of Lubbock gave a partial release and surrender of
leasehold to the Panhandle -South Plains Fair Association. The transaction
included the approval of a utility easement for a water line to serve
Mackenzie Park Amphitheater on the land owned by the Panhandle -South
Plains Fair Association (PSPFA) as well as the partial release and
surrender of leasehold on the land where several buildings are located
adjacent to the amphitheater.
The transaction necessitated several changes to the Mackenzie
Amphitheater project that was already under construction at the time.
First, the main entrance was originally located in the area of the buildings
that were surrendered to the PSPFA. Therefore, the main entrance had to
be relocated.
Second, the new property line reduces by over half the available seating at
the top of the seating bowl as originally designed. This "lost" seating and
the credit for not constructing it is being applied to the grass slope at the
top of the lower seating bowl in order to improve seating at that location.
Third, the original property line separating the PSPFA from Mackenzie
Park is delineated by fencing to prevent trespassing. Through discussions
with Herb Higgs, Manager of the PSPFA, it was learned that the PSPFA
intends to utilize the main "precinct" building as a rental facility and to
use the area in back of it for additional parking. Therefore, a 240-plus
linear -foot screening wall is needed at the property line to keep noise and
headlights from the PSPFA from interrupting performances at the
amphitheater as well as to prevent trespassing.
A change in scope of the original construction project is needed to address
the issues resulting from the partial release and surrender of leasehold.
ITEM
Increase
Construction Days
Seating Change
$17,637
43 days
Border Fence
$66,074
104 days
TOTAL
$83,711
147 Days
FISCAL IMPACT:
Funding for this change order is proposed to come from two sources. The
first source is the Mackenzie Amphitheater project #9145, which has a
remaining balance of $21,095 that will adequately cover the expenses
related to the amphitheater seating. The second source is the Mackenzie
Border Fence Project #9196 that has a remaining balance of $210,579,
which will more than adequately cover the new border fence to separate
Mackenzie Park from the PSPFA.
Staff recommended approval of this resolution.
City Manager, Lou Fox, stated that there was a change order because he
realized this work was not pre -approved by the City Council and he
apologized. There were mistakes made and he has addressed the issues.
He recommended the City Council approve the change order and assured
them that this mistake would not happen again.
Motion was made by Council Member DeLeon, seconded by Council
Member Jones to pass Resolution No. 2004-R0592 as recommended by
staff. Motion carried: 6 Yeas, 1 Nay. Council Member Gilbreath voted
Nay.
Regular City Council Meeting
December 16, 2004
Page 549
MISCELLANEOUS
Business Development
(33.) Resolution No. 2004-RO593 amending the guidelines and criteria for
Industrial Tax Abatement Agreements in accordance with the
Property Redevelopment and Tax Abatement Act.
RESOLUTION NO.2004-RO593
WHEREAS, in September of 2003, the City approved Guidelines and Criteria
Governing for Industrial Tax Abatement Agreements; and
WHEREAS, the guidelines and criteria, once adopted by an Affected Jurisdiction,
under the terms of the Property Redevelopment and Tax Abatement Act, may be
amended by a vote of three -fourths of the members of the governing body during the
two-year term in which the guidelines and criteria are effective; and
WHEREAS, the City of Lubbock desires to amend these guidelines and criteria at
this time; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby amends the 2003
Guidelines and Criteria Governing Industrial Tax Abatement Agreements, as follows:
1. Section IV. Criteria and Guidelines for Tax Abatement is amended to add
Subsection 7 (c) which shall read:
4'7. (c) Facilities located within the certificated territory of the
City's municipally owned electric utility, Lubbock Power
and Light (LP&L) must utilize LP&L for electrical services
during the term of the abatement, so long as LP&L's rates
are competitive on a state-wide basis."
2. A new section, Section VIII. Default Options is added which shall read:
"SECTION VIII. Default Options
1. In the event that the applicant, owner or lessee has entered into a tax
abatement agreement to make improvements as defined in Section
IV.2 above, but fails to undertake or complete such improvements;
fails to create all or a portion of the new jobs provided by the Tax
Abatement Agreement; or is in default of any of the terms or
conditions contained in the Tax Abatement Agreement; then in such
event the Affected Jurisdiction to whom the application for tax
abatements was directed shall give the applicant or owner sixty (60)
days notice of such failure. The applicant or owner shall demonstrate
to the satisfaction of the Affected Jurisdiction above mentioned that
the applicant or owner has commenced to cure such failure within the
sixty (60) days above mentioned. In the event the applicant owner, or
lessee fails to demonstrate that he is taking affirmative action to cure
his failure, the Affected Jurisdiction shall have three options:
(a) The Affected Jurisdiction may renegotiate the Agreement with
the applicant, owner or lessee, in which case the current
Guidelines and Criteria Governing Tax Abatement for
Commercial Projects in Designated Enterprise Zones shall
apply to the new Agreement; or
(b) The Affected Jurisdiction may determine that good cause
exists to cancel the Agreement and all abatement of taxes shall
terminate immediately; or
(c) The Affected Jurisdiction may terminate the Agreement and
recapture taxes abated under Section VIII. Recapture.
2. In any of the three options in subparagraph 1 above, the Affected
Jurisdiction to which the application for tax abatement was directed
shall determine whether default has occurred by the applicant, owner
or lessee in the terms and conditions of the Tax Abatement Agreement
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December 16, 2004
Page 550
and shall so notify all other Affected Jurisdictions. Cancellation or
termination of the Tax Abatement Agreement by the Affected
Jurisdiction to which the application for tax abatement was directed
shall constitute simultaneous action to all Tax Abatement Agreements
of all other Affected Jurisdictions."
3. Section VIII. Recapture is renumbered Section IX.
4. Section IX. Miscellaneous is renumbered Section X.
Passed by the City Council this 16th day of December, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Director of Business Development
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
This amendment will add two items to the Industrial Tax Abatement
Guidelines and Criteria that were adopted on September 18, 2003 by the
City Council. The first item added requires that all companies granted tax
abatements utilize Lubbock Power and Light as their electric utility during
the term of the tax abatement. The second addition to the guidelines is a
section detailing the options the City has in taking action with companies
who are in default on their tax abatement contracts and explaining the
procedures that will be followed. The options are: 1) to renegotiate the
contract under the current guidelines; 2) cancel the agreement; and 3)
terminate the agreement and recapture the abated taxes. Because this is an
amendment to the guidelines in the middle of the two-year term, this item
requires a three -fourths vote of the City Council to approve.
FISCAL IMPACT:
No fiscal impact.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Price to pass Resolution No. 2004-RO593 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(34.) Resolution No. 2004-RO594 amending the guidelines and criteria for
Commercial Tax Abatement Agreements in accordance with the
Property Redevelopment and Tax Abatement Act.
RESOLUTION N0. 2004-RO594
WHEREAS, in September of 2003, the City approved Guidelines and Criteria
Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones in
the City of Lubbock; and
WHEREAS, the guidelines and criteria, once adopted by an Affected Jurisdiction,
under the terms of the Property Redevelopment and Tax Abatement Act, may be
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Regular City Council Meeting
December 16, 2004
Page 551
amended by a vote of three -fourths of the members of the governing body during the
two-year term in which the guidelines and criteria are effective; and
WHEREAS, the City of Lubbock desires to amend these guidelines and criteria at
this time; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby amends the 2003
Guidelines and Criteria for Commercial Projects in Designated Enterprise Zones„ as
follows:
3. Section IV. Criteria and Guidelines for Tax Abatement is amended to add
Subsection 6 (d) which shall read:
647. (c) Facilities located within the certificated territory of the
City's municipally owned electric utility, Lubbock Power
and Light (LP&L) must utilize LP&L for electrical services
during the term of the abatement, so long as LP&L's rates
are competitive on a state-wide basis."
4. A new section, Section VIII. Default Options is added which shall read:
"SECTION VIII. Default Options
3. In the event that the applicant, owner or lessee has entered into a tax
abatement agreement to make improvements as defined in Section
IV.2 above, but fails to undertake or complete such improvements;
fails to create all or a portion of the new jobs provided by the Tax
Abatement Agreement; or is in default of any of the terms or
conditions contained in the Tax Abatement Agreement; then in such
event the Affected Jurisdiction to whom the application for tax
abatements was directed shall give the applicant or owner sixty (60)
days notice of such failure. The applicant or owner shall demonstrate
to the satisfaction of the Affected Jurisdiction above mentioned that
the applicant or owner has commenced to cure such failure within the
sixty (60) days above mentioned. In the event the applicant owner, or
lessee fails to demonstrate that he is taking affirmative action to cure
his failure, the Affected Jurisdiction shall have three options:
(a) The Affected Jurisdiction may renegotiate the Agreement with
the applicant, owner or lessee, in which case the current
Guidelines and Criteria Governing Tax Abatement for
Commercial Projects in Designated Enterprise Zones shall
apply to the new Agreement; or
(b) The Affected Jurisdiction may determine that good cause
exists to cancel the Agreement and all abatement of taxes shall
terminate immediately; or
(c) The Affected Jurisdiction may terminate the Agreement and
recapture taxes abated under Section VIII. Recapture.
4. In any of the three options in subparagraph 1 above, the Affected
Jurisdiction to which the application for tax abatement was directed
shall determine whether default has occurred by the applicant, owner
or lessee in the terms and conditions of the Tax Abatement Agreement
and shall so notify all other Affected Jurisdictions. Cancellation or
termination of the Tax Abatement Agreement by the Affected
Jurisdiction to which the application for tax abatement was directed
shall constitute simultaneous action to all Tax Abatement Agreements
of all other Affected Jurisdictions."
3. Section VII. Recapture is renumbered Section VIII.
4. Section VIII. Miscellaneous is renumbered Section IX.
551
Regular City Council Meeting
December 16, 2004
Page 552
Passed by the City Council this 16th day of December, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ nob Allison
Rob Allison, Director of Business Development
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
This amendment will add two items to the Commercial Tax Abatement
Guidelines and Criteria that were adopted on September 18, 2003 by the
City Council. The first item added requires that all companies granted tax
abatements utilize Lubbock Power and Light as their electric utility during
the term of the tax abatement. The second addition to the guidelines is a
section detailing the options the City has in taking action with companies
who are in default on their tax abatement contracts and explaining the
procedures that will be followed. The options are: 1) to renegotiate the
contract under the current guidelines; 2) cancel the agreement; and 3)
terminate the agreement and recapture the abated taxes. Because this is an
amendment to the guidelines in the middle of the two-year term, this item
requires a three -fourths vote of the City Council to approve.
FISCAL IMPACT:
No fiscal impact.
Staff recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2004-R0594 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
Water Utilities
(35.) Resolution No. 2004-R authorizing the Mayor to execute a statement
of intent for the City to participate with the other member cities of the
Canadian River Municipal Water Authority to finance revenue bonds
for the Conjunctive Use Groundwater Supply Project.
This item was deleted.
(36.) Resolution No. 2004-R authorizing the Mayor to execute an
amendment to the existing Conjunctive Use Groundwater Supply
agreement between the City and the Canadian River Municipal
Water Authority to finance revenue bonds for the Conjunctive Use
Groundwater Supply Project.
This item was deleted.
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Regular City Council Meeting
December 16, 2004
Page 553
PLANNING AND TRANSPORTATION
Right -of -Way
(37.) Resolution No. 2004-RO595 authorizing the Mayor Pro Tem to execute
an agreement with McCanton Woods, LTD for the drilling of a water
well in Pioneer Park (2015 61h Street) and the conveyance of a Deed
Without Warranty for a tract of land in Lot 10, Block 108, Overton
Addition to the City of Lubbock (501 Avenue S).
RESOLUTION NO. 2004-0595
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 by and
between the City of Lubbock and McCanton Woods, LTD, to drill and complete a
new water well in Pioneer Park in exchange for the City conveying to it the
Original Well and Original Well Lands, and any associated 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 December, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rcbecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Director of Public Works
/s/ Rand v Truesdell
Randy Truesdell
Community Services Director
APPROVED AS TO FORM:
/s/ Richard Casner
Richard Casner
First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0595.
This resolution authorizes the Mayor Pro Tern to execute an agreement
with McCanton Woods, LTD for the drilling of a water well in Pioneer
Park in exchange for the conveyance of a Deed Without Warranty to them
for a 20-foot by 20-foot tract of land located on the east side of Lot 10,
Block 108, Overton Addition. This tract of land is needed as part of their
Tract 14 Overton Park Addition replat. In 1964 the City acquired this tract
of land just south of 5t' Street and east of Avenue S for a water well site.
The well was drilled and put into use and at present is not being used. The
local government code allows the City to sell small uneconomic tracts of
land to the abutting property owner for market value. The Right -of -Way
Department has valued this parcel at $400 plus the value of any
improvements on the property. In exchange for this tract of land,
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Regular City Council Meeting
December 16, 2004
Page 554
McCanton Woods, LTD is going to drill the City a new well and plug the
old well, valued at approximately $10,000.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2004-RO595 as recommended by
staff. Motion carried: 6 Yeas, 0 Nay.
Mayor McDougal recused himself.
(38.) Resolution No. 2004-RO596 authorizing the Right -of -Way Department
to make an offer to Universal Gateway, LTD, a Texas Limited
Partnership, for the south 50-feet of Lots 7-12, Block 33, Overton
Addition to the City of Lubbock (1923 4th Street, rear).
RESOLUTION NO.2004-RO596
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for the implementation of the North
Overton Tax Increment Finance Reinvestment Zone Project Plan, as amended; and
WHEREAS, the City Council has reviewed the Redevelopment Policies and the
Tax Increment Financing Policies and has determined that it is in the public interest to
proceed with the acquisition of lands as needed for the purposes above stated and that to
the extent that the acquisition may be in contradiction to theses policies, that these
policies are superceded; and
WHEREAS, the City Council has determined that, as provided for in Section 2.1
of City Council Resolution 2002-RO258, that special circumstances do exist to authorize
the acquisition of the below described property and, if necessary, authorize condemnation
proceedings (eminent domain), such special circumstances being: In order to properly
implement the North Overton Tax Increment Finance Reinvestment Zone Project Plan, as -'
amended, it is necessary to acquire the real property described below to facilitate on -site
traffic flow and to remove commercial vehicular and truck traffic from the neighborhood;
and
WHEREAS, the City Council of said City finds it in the public interest and for
public purposes and municipal purposes to proceed with the acquisition of lands as
needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple interest to the real property further described
as the South 50-feet of Lots Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), and
Twelve (12), Block Thirty -Three (33), Overton Addition to the City of Lubbock,
Lubbock County, Texas, according to the map, plat and/or dedication deed thereof,
recorded in Volume 18, Page 610, Deed Records, Lubbock County, Texas; in Volume 19,
Page 56, Deed Records, Lubbock County, Texas; and in Volume 19, Page 568, Deed
Records, Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof.
SECTION 2. THAT the owner of said tract, being Universal Gateway, Ltd., a
Texas limited partnership, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $ 168,750.00 which is the amount appraised as the value and
total damages for the fee simple interest, for the use & benefit of the City of Lubbock,
Texas, for the purposes herein stated; and
SECTION 3. THAT unless accepted forthwith, the City Attorney of said City of
Lubbock is hereby authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the fee simple interest.
554
Regular City Council Meeting
December 16, 2004
Page 555
Passed by the City Council this 16th day of December, 2004.
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
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 L. Chamales
Senior Attorney/Office Practice Section
The City is in the process of implementing the North Overton Tax
Increment Finance Reinvestment Zone Project. Located along the south
portion of 1923 4`h Street is a commercial building and parking area
owned by Universal Gateway, LTD that is needed for this project. The
legal description of this area to be acquired is the south 50-feet of Lots 7,
8, 9, 10, 11, and 12, Block 33, Overton Addition. Merle Blosser, M.A.I.,
appraised this property at $168,750.00, which is the offer to Universal
Gateway, LTD.
This resolution also authorizes the City, pursuant to section 311.008 of the
Tax Increment Financing Act, to institute condemnation proceedings to
acquire this property if the City's offer is refused.
FISCAL IMPACT:
The acquisition of this property is consistent with finance and project
plans adopted by the Board of Directors of the North Overton Tax
Increment Finance Reinvestment Zone and approved by the City Council.
Funding for this acquisition will be from the TIF Fund.
The Right -of -Way Department recommended approval of this resolution.
Motion was made by Council Member DeLeon, but there was no second.
Council Member Jones asked to amend the resolution. Mayor Pro-Tem
Martin stated that it would need to be seconded, and the motion dies
because of no second.
Motion was made by Council Member Jones, seconded by Council
Member Price to pass Resolution No. 2004-R0596 as follows: recommend
approval with the finding of special circumstances in order to properly
implement the North Overton Tax Increment Financial re -investment zone
project plan as amended is necessary to acquire the real property described
to facilitate on -site traffic flow and to remove commercial vehicular and
truck traffic from the neighborhood in the amount of $168,750. Motion
carried: 4 Yeas, 2 Nays. Council Members Gilbreath and Boren voted
Nay.
Mayor McDougal recused himself.
Street Drainaue
(38A.) Resolution No. 2004-R0597 ratifying and approving the letter
agreement resolving the remaining disputed issues related to Line A-1
in Civil Action No. 5-03CV0269-C, Barnard Construction Co. Inc. v.
the City of Lubbock, Texas.
555
Regular City Council Meeting
December 16, 2004
Page 556
RESOLUTION NO.2004-RO597
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock ratifies and approves the Letter
Agreement resolving the remaining disputed issues relating to Line A-1 in United States
District Court for the Northern District of Texas, Lubbock Division, Civil Action No. 5-
03CV0269-C, Barnard Construction Co. Inc. v. City of Lubbock, Texas. Said Letter
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 December, 2004.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT AND FORM:
/s/ Anita Burgess _
Anita Burgess, City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0597.
Matters not resolved by Summary Judgment in Civil Action No.
5-03CV0269-C, Barnard Construction Co. Inc. v. the City of Lubbock
were set for trial on December Wh, 2004. A settlement was agreed upon
prior to trial. The settlement involved only the amount of rock excavated
on Line A-1 of the South Central Drainage Project.
This settlement will allow severance of Line A-1 issues and the entry of an
agreed judgment on matters relating to Line A-l. It is anticipated that
Barnard will then pursue an appeal regarding issues ruled upon in the
Court's Summary Judgment of September 28, 2004.
FISCAL IMPACT:
The settlement is for $176,082 plus prejudgment interest.
The City Attorney recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to pass Resolution No. 2004-RO597 as recommended by staff.
Motion carried: 7 Yeas, 0 Nays.
(38B.) Resolution No. 2004-RO598 authorizing the Mayor to sign an
amendment to the South Central Lubbock Drainage Improvements
Contract (BID #001-01/VK) between the City of Lubbock and
Barnard Construction Company, Inc. dated June 14, 2001, to allow
payment of Pay Application #26 without waiver of Barnard's rights in
Civil Action no. 5-03CV0269-C.
RESOLUTION NO.2004-RO598
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to the South
Central Lubbock Drainage Improvements Contract (BID #001-01/VK) between the City
of Lubbock and Barnard Construction Company, Inc. dated June 14, 2001. 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.
556
Regular City Council Meeting
December 16, 2004
Page 557
Passed by the City Council this 16th day of December, 2004.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Amendment is filed with Resolution No. 2004-R0598.
Matters not resolved by Summary Judgment in Civil Action No.
5-03CV0269-C, Barnard Construction Co. Inc. v. the City of Lubbock
were set for trial on December 61h, 2004. A settlement was agreed upon
prior to trial. The settlement involved only the amount of rock excavated
on Line A-1 of the South Central Drainage Project, and was considered by
the City Council on Agenda Item 38A.
Part of the discussion between attorneys for the parties was resolution of
the last undisputed payment due Barnard Construction Co., Inc. Barnard
asks for assurance that acceptance of the final payment not operate to
extinguish their pending litigation in Civil Action no. 5-03CV0269-C. The
attached contract amendment operates to allow payment of the undisputed
amounts due without impacting the current litigation. Barnard's
acceptance of the final payment will constitute their approval of this
amendment.
FISCAL IMPACT:
None.
The City Attorney recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to pass Resolution No. 2004-RO598 as recommended by staff.
Motion carried: 7 Yeas, 0 Nays.
PUBLIC WORKS
Water/Sewer
(39.) Resolution No. 2004-R authorizing the separation of Water/Sewer
Utility Services from Public Works, and allowing the reorganization
of services within Planning and Transportation, Public Works, and
Water/Sewer Utility Services (Tom Adams, Deputy City Manager).
This item was deleted.
(40.) Consider approval of a draft scope of engineering services for Waste
Water Treatment and Reclamation Facility improvements,
authorizing staff to negotiate a final scope of services with Black and
Veatch including engineering cost estimates, and instruct staff to
bring the final scope of services back to the Lubbock Water
Commission and the City Council in January 2005.
557
Regular City Council Meeting
December 16, 2004
Page 558
Early this fall, City Council requested that staff bring back by November
1, 2004 a time frame for addressing wastewater treatment issues, and for
wastewater treatment and reclamation facility improvements. The time
frame for moving forward was lengthy, and even Black and Veatch
requested about 60 days to develop a scope of services. In part the length
was impacted by the complexity of both the wastewater and the water
supply issues.
In accordance with direction given, staff has designed a draft scope of
services in order to reduce the time required to move this project ahead in
a timely manner. Staff has tried to develop this draft in order to move the
project forward and in order to incorporate Lubbock Water Commission
and City Council priorities into the project.
The draft scope of services is as follows:
Part I - Waste Water Treatment and Reclamation Facility Improvements
• Preliminary Engineering Report — 3 months to complete.
• Cost estimates for improvements.
• Schedule of the proposed improvements.
• Design memorandum establishing plant performance goals, design
options, cost evaluations, and recommendations.
Part II — Waste Water Treatment and Reclamation Facility Improvements
• Plans, Specifications, and Bids — 12 months to complete (follows after
Part I).
• Design facility improvements.
• Prepare facility improvement specifications.
• Prepare construction time line.
• Bid out project.
Part III — Alternative Uses for Reclaimed Waste Water
• Evaluate alternative uses for reclaimed water — 12 months to complete
(concurrent study).
• Industrial and commercial use.
• Open space use (parks, golf courses, etc.).
• Direct reuse.
• Crop Irrigation (interim only).
• Surface storage and naturalization.
• Aquifer storage and naturalization.
Part IV — Water Resource Master Plan
• Develop a water resource master plan for water treatment, storage and
supply — 12 months to complete (concurrent study).
• Develop plans for water treatment.
• Develop plans for water storage.
• Pull together all plans into one report and refine cost estimates on
water supply alternatives.
By breaking the study into its component parts, the City can move forward
in a timely manner on the projects and not waste additional time by trying
to link all four areas together into one single contract. Black and Veatch
can begin work immediately to finalize the scope of services for Part 1,
and then Lubbock Water Commission and City Council review and
authorization can allow this first step to move forward in January.
558
Regular City Council Meeting
December 16, 2004
Page 559
FISCAL IMPACT:
The financial cost of these projects has not yet been determined. These
costs will be presented to Council as a final scope of services is presented
on each part.
Staff recommended approval.
Motion was made by Mayor Pro Tem Martin to approve this item with the
addition of the scope of services to include a preliminary rate study on
what effect these proposed improvements would have on the sewer and
water rates of the city, seconded by Council Member DeLeon to pass Item
40 as follows: Motion carried: 7 Yeas, 0 Nays.
Council Member Gilbreath stated that for the sake of people watching this
on TV, they need to understand that we are taking steps to identify all the
issues we need to work on in solving our water supply/ground water re -use
issues.
BOARD APPOINTMENTS
(41.) Consider appointments to the Permit & License Appeal Board.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to reappoint Helen Payne and David Tate to the Permit
& License Appeal Board. Motion carried: 7 Yeas, 0 Nays.
(42.) Consider appointments to the Central Business District TIF.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to appoint Tony Cardinal and reappoint Bob Greenhill
to the Central Business District TIF. Motion carried: 7 Yeas, 0 Nays.
(43.) Consider an appointment to the Lubbock Emergency
Communications District.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to appoint George Ewing to the Lubbock Emergency
Communications District. Motion carried: 7 Yeas, 0 Nays.
10:05 A. M. WORK SESSION CONVENED
Items 46 and 44 were addressed.
10:33 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
All council members were present.
1:00 P. M. CITY COUNCIL WORK SESSION RECONVENED
Committee Room 103
All Council members were present except for Mayor Pro Tem Martin and
Council Member Gilbreath.
Items 45, 47, and 48 were addressed at this time.
(44.) Presentation of a new marketing video, "Lubbock Economic
Development Alliance Lubbock Video".
This item followed Item 46 (in the morning).
Gary Lawrence with the Lubbock Economic Development Alliance
presented a video, "Lubbock, the Giant Side of Texas", that involved
marketing Lubbock.
Mayor McDougal asked Dixon Platt to make sure the video is added to
Channel 2 to run several times a day for a while.
(45.) Discuss plans for a new facility and expanded services at the
Guadalupe Neighborhood Center, including cost estimates and
funding options.
This item was requested by Council Member DeLeon.
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Regular City Council Meeting
December 16, 2004
Page 560
Judy Crumbley Williams, Board Chairperson Guadalupe/Parkway
Neighborhood Centers, Coy Howell, Greenstreet Construction, and Joe
McKay, Architect presented a proposal to the City Council on what they
would like to see done in the Guadalupe area. The projected cost of the
neighborhood center is approximately $732,394.
(46.) Parks Irrigation Project update.
This item was addressed following Item 43 (in the morning).
Ches Carthel, Water Planning Manager, spoke on how the central
irrigation control system will be operated.
Randy Truesdell, Community Services Director, gave an update on the
Parks Irrigation Conversion Project.
Phyllis Jones encouraged Texas Tech University, Lubbock Christian
University, Lubbock Independent School District, and other entities to
also be mindful of water conservation.
The next item addressed was Item 44.
(47.) Presentation regarding the United Texas Tour.
This item was addressed following Item 45.
Eddie Owens gave an overview on the United Texas Tour, presented a
video and explained how vital it is for the community to pitch in and help
support the needs of the Tour. He stated that the economical impact could
exceed $50 million.
Mayor McDougal suggested running the video on Channel 2.
Randy Christian stated that Governor Perry will publicly endorse the Tour
after the legislative session. Senator Duncan's office is coordinating the
date that this public event will take place.
(48.) Presentation of the Lubbock Chamber's legislative priorities.
Eddie McBride, Chamber President & CEO, explained from a legislative
perspective the issues of conducting good business in Lubbock.
Steve Verett, Vice Chair of Public Affairs, presented the legislative issues
that the Chamber of Commerce plans to carry forth in 2005.
2:23 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Price made a motion to adjourn and Mayor McDougal adjourned the
meeting.
Read and approved this1:2�L day of
C MC4)OUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
560