HomeMy WebLinkAboutMinutes - City Council - Special - 4/25/2005CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
April 25, 2005
8:00 A. M.
The City Council of the City of Lubbock, Texas met in special session on the 25th
day of April, 2005, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 8:00 A. M.
8:00 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Gary O. Boren, Council Member Jim Gilbreath, Council
Member Phyllis Jones, Council Member Floyd Price
Absent: Council Member Linda DeLeon
Mayor McDougal called the meeting to order at 8:00 A. M.
The first items considered were Items 3-4.
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
purchase, exchange, lease, or value of real property; commercial or
financial information that the governmental body has received from a
business prospect that the governmental body is conducting economic
development negotiations, as provided by Subchapter D of Chapter
551 of the Government Code, the Open Meetings Law."
8:08 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present, except Council Member Linda
DeLeon
( 1•) 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).
(2•) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.087 to discuss or deliberate regarding commercial
or financial information that the governmental body has received
from a business prospect that the governmental body is conducting
economic development negotiations (Overton).
SPECIAL SESSION
( 3•) Resolution No. 2005-RO170 authorizing the Mayor to execute an
Escrow Agreement by and between the City of Lubbock and
American State Bank, as escrow agent, and the Developers of the
Milwaukee Project from 341h Street to 92"d Street, being (i) Bacon
Crest, LTD; (ii) Betenbough Capital, Inc.; (iii) Rick Betenbough; (iv)
Ron Betenbough; (v) Day Estates, LTD; (vi) Hubwest Development,
LLC; (vii) Canyon Hub Holdings, L.P.; (viii) Milwaukee, LTD; (ix) S
& S Commercial Properties, LLC; and (x) Sonny Arnold Trust.
This was the first item considered.
RESOLUTION NO.2005-RO170
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 Escrow Agreement
between the City of Lubbock and American State Bank, as escrow agent, and the
developers of the Milwaukee Project from 34`h Street to 92"d Street, being (i) Bacon
Crest, LTD; (ii) Betenbough Capital, Inc.; (iii) Rick Betenbough; (iv) Ron Betenbough;
(v) Day Estates, LTD; (vi) Hubwest Development, L.L.C.; (vii) Canyon Hub Holdings,
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April 25, 2005
Page 332
L.P.; (viii) Milwaukee, LTD; (ix) S & S Commercial Properties, LTD; and (x) Sonny
Arnold Trust. Said Escrow 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 25th day of April 2005.
/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
/s/ Larry Hertel
Larry Hertel, City Engineer
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, Chief Financial Officer
APPROVED AS TO FORM:
Richark K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Escrow Agreement is filed with Resolution No. 2005-RO170.
This Escrow Agreement establishes an Escrow Fund at American State
Bank for the Developers of the Milwaukee Project to deposit their share of
the project costs.
The above listed developers/landowners abutting Milwaukee Avenue from
341h Street to 92nd Street entered into Development Agreements (Sept. 16,
2004 and Oct. 11, 2004) with the City for the design and construction of
the street paving improvements, drainage improvements, and various
water and sewer line installation. As part of those Agreements, the
Developers provided Bank Letters of Credit to the City, in the amount of
their estimated share of the project cost, to assure their participation in the
project costs.
This construction project was scheduled for bid at 2 pm, Thursday, April
21, 2005. After bids are received, the Developers share of the cost will be
re -calculated based on actual bids. However, unless agreed upon
otherwise, the Developers share is limited to 5% more than their original
estimated cost participation, should bids come in higher than estimated.
The Developers will then deposit their actual cost participation in the
Milwaukee Project into this Escrow Fund being established by this Escrow
Agreement. The City will make monthly draws from the Escrow Fund in
the prorated share of the Developer funds deposited as compared to the
total construction cost. Interest accrued in the Escrow Fund will be paid to
the Developers, in their prorated share, at the completion of the project.
The Developers will be required to place their share of the Project cost in
the Escrow Fund prior to the Award of the bid at the April 28, 2005 City
Council meeting.
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April 25, 2005
Page 333
FISCAL IMPACT:
The estimated Developer participation in the cost of this project is
$3,873,266 (plus $324,345 with Christian City View Fellowship which
will be considered under a separate Agreement at the April 28, 2005 City
Council meeting). The total estimated construction cost of the Project is
$16.5 million. The Developer participation will be adjusted following the
opening of bids on Thursday, April 21 ". However, unless agreed upon
otherwise, the Developers share of the Project cost will not exceed 5%
more than their original estimated participation.
The staff recommended approval of this Agreement establishing the
Escrow Fund for the Milwaukee Project.
Larry Hertel, City Engineer, gave comments and answered questions from
Council.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Price to pass Resolution No. 2005-RO170 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
( 4.) Resolution No. 2005-RO171 authorizing the Mayor to execute the First
Amendment to the Development Agreement with Hubwest
Development, LLC, and Canyon Hub Holdings, LP, for the
Milwaukee Project from 34th Street to 92"d Street.
RESOLUTION NO.2005-RO171
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 First Amendment of
Development Agreement for Design and Construction of Milwaukee Avenue, between
the City of Lubbock and Hubwest Development, L.L.C. and Canyon Hub Holdings, L.P.,
for the design and construction of Milwaukee Avenue. Said First Amendment of
Development Agreement is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 25th day of April 2005.
/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/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the First Amendment of Development agreement is filed with Resolution No.
2005-R0171.
Charles Hodges, representing the above listed Developers/Landowners,
has requested the installation of a traffic signal with the Milwaukee
Project. The location of the signal is at the intersection of Milwaukee and
a proposed major driveway entrance into a planned commercial
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April 25, 2005
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development. The proposed driveway is located approximately 1,300 feet
north of US 62/82 (Brownfield Highway).
The Developer will pay all costs associated with the installation of this
traffic signal. The total cost estimated for the engineering and
construction of this signalized intersection is $107,570.
This Developer is also a part of the group of Developers/Landowners
involved with the Milwaukee Project. He had previously signed the
Developer Agreement and furnished a Bank Letter of Credit for their
portion of the Milwaukee Project costs. This is an Amendment to their
original Developers Agreement to include the traffic signal as part of the
Milwaukee Project. They will also be required to place their share of the
Milwaukee Project cost, based on actual bid prices received, into the
Escrow Fund prior to the award of the Milwaukee Project bid on April 28,
2005. (The Escrow Agreement for all Developers is being considered by
the Council at this same City Council meeting.)
This $107,570 for the traffic signal will be required to be deposited into
the Escrow Fund, as well as their other share of the Milwaukee Project
construction costs.
FISCAL IMPACT:
The Developer will pay all the costs ($107,570) associated with the
construction of this traffic signal as part of the Milwaukee Project.
The staff recommended approval of this Amendment to the original
Developers Agreement to include Developer participation in the cost of
the traffic signal, as part of the Milwaukee Project.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Boren to pass Resolution No. 2005-RO171 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
At this time, Council recessed to Executive Session.
9:10 A. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Gilbreath adjourned the meeting immediately after Executive Session.
Read and approved this .� : day of �1�LV I i� i'1�, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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