HomeMy WebLinkAboutMinutes - City Council - Regular - 4/26/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
April 26, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 26th
day of April, 2006, in the City Coun.-Iil 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 Tern Tom Martin, Council
Member Linda DeLeon, Council Member Jim Gilbreath, Council
Member Phyllis Jones, Council Member Floyd Price
Absent: Council Member Gary O. Boren
1. CITIZEN COMMENTS
1.1. Arnold Martinez will appear to discuss school truancy trial.
Citizen was not present.
2. 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 matters; 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 Conference Room
All council members were present.
2.1. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071, to discuss pending or contemplated litigation or
settlement agreement, and hold a consultation with attorney (Police,
Water Utilities).
2.2. 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 (Water Utilities).
2.3. 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.
2.4. 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 the Building Board of Appeals,
the Junked Vehicle Compliance Board, and the Water Board of Appeals.
2.5. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
2.5.1 to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.5.2 to discuss, vote and take final action on 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;
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April 26, 2006
Page 400
2.5.3 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.
8:45 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tern Tom Martin; Council
Member Linda DeLeon; Council Member Jim Gilbreath; Council
Member Phyllis Jones; Council Member Floyd Price; Lee Ann
Dumbauld, City Manager; Anita Burgess, City Attorney; and
Rebecca Garza, City Secretary
Absent: Council Member Gary 0. Boren
Mayor McDougal reconvened the meeting at 8:45 A. M.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. This item was considered following Item 6.13.
3.2. This item was considered following Item 3.1.
3.3. This item was considered following Item 3.2.
3.4. This item was considered following Item 3.3.
3.5. This item was considered following Item 3.4.
3.6. This item was deleted.
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
March 23, 2006
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to approve the minutes of the Regular City Council Meeting of
March 23, 2006 as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
5. CONSENT AGENDA (Items 5.1-5.10, 5.12-5.13, 5.16-5.20, 5.23-5.25, 5.27)
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Gilbreath to approve Items 5.1-5.10, 5.12-5.13, 5.16-5.20, 5.23-5.25, and 5.27 on
consent agenda as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
5.1. Budget Ordinance 2nd Reading - Finance: Consider budget ordinance
amendment #15 Ordinance No. 2006-00043 amending the FY 2005-06
budget respecting the Capital Improvement Program FY 2005-06 to FY
2010-11, General, Lubbock Power & Light, and Grant Funds.
ORDINANCE NO. 2006-00043
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) CAPITAL IMPROVEMENT PROGRAM; (2)
GENERAL FUND; (3) LUBBOCK POWER & LIGHT; AND (4) GRANT FUNDS.
(AMENDMENT 415)
1. Authorize an additional 20 police officers and establish the next recruit
class size as 45. The funding for these positions will come from savings
achieved through vacancies for the first six months of this fiscal year.
2. Amend the capital improvement project titled "Municipal Building
Generator Installation" by increasing the budget from $198,000 to
$372,000 due to an upsizing of the unit to power the entire Municipal
Building and all systems in the event of a power outage. The project will
be completely funded from the City's Master Lease Program.
3. Authorize four additional positions at the Municipal Court and adjust the
General Fund budget for Municipal Court accordingly. The new positions
will be comprised of a Marshal and a Collection Specialist in the
Collections Office to address the state mandated collection plan, an
Assistant Court Administrator, and a Customer Service Representative to
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address concerns identified through the recently completed audit. The
budget will be increased $70,833 for salary and benefits and $14,400 for
one time costs associated with the addition of these positions
(computers/printers, telephones, software). Revenues related to Municipal
Court fines will be adjusted to compensate for the additional costs. The
estimated annual salary and benefit costs for these four positions will be
$170,000.
4. Amend the adopted FY 2005-06 through FY 2010-11 Capital
Improvement Program by creating a capital improvement project titled
"Terminal Building Improvements" and appropriate $352,450 of Airport
Improvement Program Entitlements and $158,050 of Passenger Facility
Charge revenue for the bid and design of a) repair and replacement of
HVAC equipment; b) replacement of carpet in the passenger area of the
concourse; and, c) modifications to existing restrooms to meet ADA
requirements at the Lubbock Preston Smith International Airport. The total
budget for bid/design of this project will be $510,500.
5. Accept and appropriate a $39,300 grant from South Plains Association of
Government's 2006 Solid Waste Grant Program to purchase a 12' x 14'
prefabricated metal building and to purchase three 400-gallon used -oil
collection containers. No City matching funds are required.
6. Accept and appropriate a $22,500 grant from the South Plains Association
of Government 2006 Solid Waste Grant Program to purchase a multi-
purpose skid loader. No City matching funds are required.
7. Revise full-time staffing in the Electric Utility. Specific information
regarding this amendment is competitive information protected under
Chapter 552.133 of the Texas Government Code.
8. Amend the adopted FY 2005-06 through FY 2010-11 Capital
Improvement Program by creating a capital improvement project in the
Electric Utilities. Specific information regarding this amendment is
competitive information protected under Chapter 552.133 of the Texas
Government Code.
9. In Budget Amendment #10, an item was approved to accept and
appropriate a $194,080 grant from the South Plains Association of
Governments to provide meals, transportation, and other services to the
senior population. The actual amount of the grant is $124,402, with
$69,678 of revenue coming from program income, for a grand total of
$194,080. Therefore, the budget needs to be amended to reflect the
decrease in the grant from $194,080 to $124,402 and an increase in the
budget for program income by $69,678.
Staff recommended approval of the second reading of this ordinance
5.2. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No.
2006-00033 Consider an ordinance abandoning and closing a portion of
Frankford Avenue located in Section 5, Block E-2, Lubbock County,
property located at 2605 Frankford Avenue.
ORDINANCE NO.2006-00033
AN ORDINANCE ABANDONING AND CLOSING A 1.150 SQUARE FOOT
PORTION OF SLIDE ROAD LOCATED IN SECTION 5, BLOCK J-S, LUBBOCK
COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This ordinance was read for the first time at the March 23, 2006 City Council
meeting. Lubbock Christian University (LCU) is in the process of
constructing a golf course on their property east of Frankford Avenue and
north of 34th Street. As part of the construction, they are platting a one acre
tract of land to construct a golf clubhouse building and 0.3597 acres of this
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platted tract will be located in the old Frankford Avenue right-of-way. In
1984, Frankford Avenue was realigned and widened to the west of this old
portion of Frankford Avenue that is being closed. This portion of Frankford
Avenue is a dirt street that LCU uses to access their property. Part of Lubbock
Christian University's long range plan is to close this entire old portion of
Frankford Avenue. Since LCU was not the original dedicator of the street area
being closed, there will be a charge for this 0.3597 acres, or 15,668 square
feet. From adjacent property values and a review of existing sales
comparables, a value of $0.23 per square foot was used to calculate an
appraised value of $3,603.76. The area being closed will remain as a utility
easement so a 50% adjustment will be applied to this $3,603.76 for a
$1,801.88 charge to LCU.
The City leases a tract of land from LCU at 20th and Elmwood Avenue for a
recycle center. The City's annual rent paid to LCU for this tract of land is
$1,800. LCU agrees to waive next year's fee in exchange for this closure cost.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of the second reading of this ordinance.
5.3. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No.
2006-00041 Consider an ordinance abandoning and closing a 1.08 acre
drainage easement located in Section 27, Block AK, Lubbock County,
easement located at 6720 91st Lane.
ORDINANCE NO. 2006-00041
AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE
EASEMENT LOCATED IN SECTION 27, BLOCK AK, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance was read for the first time at the April 13, 2006 City Council
meeting. This ordinance abandons and closes a 1.08 acre drainage easement
that is located on the east side of Quincy Avenue at 91 st Lane. This easement
was dedicated by the developer when the Monterey Addition was in the early
stages of development and is no longer needed due to the street now being
dedicated where the easement is located.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of the second reading of this ordinance.
5.4. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No.
2006-00042 Consider an ordinance abandoning and closing a portion of
Avenue M just north of 3rd Street and all of the 20-foot wide north -south
alley in Block 1, Richmond Second Addition, properties located at 224
Avenue M.
ORDINANCE NO.2006-00042
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
AVENUE M LOCATED ADJACENT TO LOT "A", R.C. TAYLOR ADDITION, AN
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
ALL OF THE 20-FOOT NORTH -SOUTH ALLEY LOCATED IN BLOCK 1,
RICHMOND SECOND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
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This ordinance was read for the first time at the April 13, 2006 City Council
meeting. This ordinance abandons and closes a 3,224 square foot portion of
Avenue M just north of 3rd Street adjacent to Lot A, R.C. Taylor Addition
and the 20-foot north -south alley in Block 1, Richmond Second Addition.
Robert Taylor of R. C. Taylor Distributing is the requestor of this street
closure for replatting purposes. Mr. Taylor recently acquired the acreage on
the west side of Avenue M and north of 3rd Street and desires to close this
portion of Avenue M to connect his properties. Access northward from 3rd
street across the Burlington Northern and Santa Fe tracks was recently closed
by the railroad and the City in exchange for the upgrading of the railroad
intersection at Avenue P leaving a section of Avenue M unusable. Since Mr.
Taylor was not the original dedicator of the street, there will be a charge for
these 3,224 square feet. From adjacent property values and a review of
existing sales comparables, a value of one dollar per square foot is
determined. Therefore, the value of this street closure area to be charged to
Mr. Taylor is $3,224. The area being closed will remain as a utility easement
so the value will be adjusted by 50% for a final closure cost of $1,612.
In 2005, Mr. Taylor acquired all of Block 1, Richmond Second Addition from
the Burlington Northern and Santa Fe Railroad. This property is on the west
side of the portion of Avenue M being closed and contains a 3,179.6 square
feet north -south alley. Blocks 1 — 11 of Richmond Second Addition was
platted in 1909 by S.A. Richmond who in 1911 sold all of Block 1, including
the alley, to the railroad who has owned until they recently sold it to Mr.
Taylor. This 2005 sale included the alley area. In 1911 there was not a City
resolution or ordinance in place that addressed street or alley closures.
Nevertheless, a title exam indicated that an alley dedication exists on the
property (the alley has never been opened on the ground or used by any utility
company) and this ordinance will close it. The Right -of -Way department has
valued this 3,179.6 square foot alley at $0.25 per square foot for a cost to Mr.
Taylor of $794.90. The total closure costs for the street area and the alley area
being closed is $2,406.90.
FISCAL IMPACT
Income to the City of $2,406.90.
Staff recommended approval of the second reading of this ordinance.
5.5. Support of Super Precincts Resolution - City Secretary: Resolution No.
2006-RO184 indicating City Council support of Lubbock County's
application to participate in the Secretary of State's pilot program to
establish countywide polling places in lieu of individual voting precinct
polling places for the general election of state and county officers as
provided by 1111-758, 79th Regular Session.
RESOLUTION NO.2006-RO184
WHEREAS, Pursuant to HB-758, 791h Regular Session, Texas counties may
submit an application to the Texas Secretary of State to participate in a pilot program to
evaluate the use of countywide polling places for the general election for state and county
officers as an alternative to having a polling place located in each county election
precinct; and
WHEREAS, the City of Lubbock has been informed that the County
Commissioners of Lubbock County desire to participate in said pilot program and desire
to have a statement of support from the City of Lubbock for such participation; and
WHEREAS, the City Council of the City of Lubbock finds it to be in the best
interest of the citizens of the City of Lubbock to support Lubbock County in such
application to participate in the countywide polling place pilot program of the Secretary
of State; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock, Texas, hereby
indicates its support of Lubbock County's application to participate in the Secretary of
State's pilot program to establish countywide polling places in lieu of individual voting
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Page 404
precinct pollingplaces for the general election of state and county officers as provided for
by HB-758, 79`h Regular Session.
SECTION 2. THAT the City Secretary shall forward a certified copy of this
Resolution to the County Commissioners of Lubbock County for inclusion in the public
record of comments received at the formal hearing on such application required by
Section 43.007(b) of the Election Code.
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
Pursuant to HB-758, 79th Regular Session, Texas counties may submit an
application to the Texas Secretary of State to participate in a pilot program to
evaluate the use of countywide polling places for the general election for state
and county officers as an alternative to having a polling place located in each
county election precinct.
The City of Lubbock has been informed that the County Commissioners of
Lubbock County desire to participate in the pilot program and desire to have a
statement of support from the City of Lubbock for such participation.
Passage indicates its support of Lubbock County's application to participate in
the Secretary of State's pilot program to establish countywide polling places in
lieu of individual voting precinct polling places for the general election of
state and county officers as provided for by HB-758, 79th Regular Session.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
5.6. Grant Application Resolution - Police: Resolution No. 2006-R0185
authorizing the Mayor to approve an application for a state administered,
federally funded Click It or Ticket Selective Traffic Enforcement
Program.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a $23,176.00 Grant
Agreement for the Click It or Ticket Selective Traffic Enforcement Program, and any
associated documents, by and between the City of Lubbock and the Texas Department
of Transportation. Said Grant Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
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Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Dan T. Saluri
Dan Saluri, Asst. City Attorney
A copy of the Grant Agreement is filed with Resolution No. 2006-RO185.
The Click It or Ticket program emphasizes seat belt and child restraint
compliance as an effort to reduce death and serious bodily injury that results
from traffic collisions.
This enforcement program will be conducted during FY 2005-06. Awards for
this grant begin May 22, 2006, following approval of City Council.
FISCAL IMPACT
This is a 100%, $23,176 grant administered from May 22, 2006 through June
4, 2006.
Staff recommended approval of this resolution.
5.7. Grant Application Resolution - Fire: Resolution No. 2006-RO186
authorizing the Mayor to execute a grant application to the Department
of Homeland Security for firefighting funds to acquire a technical rescue
vehicle.
RESOLUTION NO.2006-RO186
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 Grant Application for an
Assistance to Firefighters Vehicle Acquisition Program of the Department of Homeland
Security. Said Grant Application is attached hereto and incorporated in this Resolution as
if fully set forth herein and shall be included in the minutes of the Council.
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Passed by the City Council this 26th day of April 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Grant Application is filed with Resolution No. 2006-R0186.
For federal fiscal year 2006, Congress reauthorized the Assistance to
Firefighters Grant and appropriated a total of $539,550,000 to the Department
of Homeland Security, Office of Grants and Training to carry out these
activities. Fire departments may apply for grant funds in one of two categories
approved for funding. The Lubbock Fire Department is applying for funding
in the Firefighting Vehicle Acquisition Program Area to acquire a technical
rescue vehicle. As a result of our population bracket, the grant requires a 20%
local match of the federal funds approved. All federal funding must be
obligated by September 30, 2007.
FISCAL IMPACT
The $395,000 grant application will require a 79,000 City match, with
$316,000 from the Department of Homeland Security. If awarded, the City
will provide scheduled matching funds from the 2007 Lubbock Fire
Department budget.
Staff recommended approval of this resolution.
5.8. Interlocal Agreement Resolution - Fire: Resolution No. 2006-RO187
authorizing the Mayor to execute an interlocal agreement between the
City of Lubbock and Texas Engineering Extension Service/Emergency
Services Training Institute to hold an Airport Rescue Fire Fighter
Academy.
RESOLUTION NO.2006-RO187
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 Interlocal Agreement to
hold an Airport Rescue Fire Fighter Academy (Fire Department), by and between the
City of Lubbock and Texas Engineering Extension Service/Emergency Services Training
Institute (TEEX/ESTI), and all related documents. Said Agreement is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
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Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2006-RO187.
As required by FAR-139, all firefighters assigned to airport fire protection
duties are required to be certified as an ARFF (Airport Rescue Fire Fighter).
This agreement will allow the academy to be held at the Lubbock Fire
Department and Lubbock Preston Smith International Airport training
facilities. Participating fire fighters will complete a 40-hour Basic Airport
Rescue Fire Fighter Academy scheduled October 15-19, 2006.
FISCAL IMPACT
The estimated tuition revenue is approximately $21,000 plus $2,000 in other
sponsorships, resulting in total estimated revenue of $23,000. The estimated
cost of fuel, chemicals, and personnel is approximately $11,400. The
remaining profit of $11,600 will be split equally between the City and the
Texas Engineering Extension Service/Emergency Services Training Institute.
The City's portion of this funding, approximately $5,800, will be used for
maintenance at the ARFF training facility.
Staff recommended approval of this resolution.
5.9. Authorization Resolution - Citibus: Resolution No. 2006-RO188
authorizing the Mayor to execute applications with the Federal Transit
Administration for federal transportation assistance authorized by 49
U.S.C. Chapter 53, Title 23 United States Code and other federal statutes
administered by the Federal Transit Administration.
RESOLUTION NO.2006-RO188
WHEREAS, the Federal Transportation Administrator has been delegated
authority to award Federal financial assistance for a transportation project;
WHEREAS, the grant or cooperative agreement for Federal Financial assistance
will impose certain obligations upon the Applicant, and may require the Applicant to
provide the local share of the project cost;
WHEREAS, the Applicant has or will provide all annual certifications and
assurances to the Federal Transit Administration required for the project;
NOW, THEREFORE, BE IT RESOLVED BY THE LUBBOCK CITY COUNCIL
1. The Citibus General Manager or his/her designee is authorized to execute and file
applications for Federal assistance on behalf of the City of Lubbock/Citibus with the
Federal Transit Administration for Federal Assistance authorized by 49.U.S.C. chapter
53, Title 23, United States Code, or other Federal statutes authorizing a project
administered by the Federal Transit Administration. The City of Lubbock, as the
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Designated Recipient, has granted Citibus the authority to apply for Urbanized Area
Formula Program assistance.
2. The Citibus General Manager or his/her designee is authorized to execute and file with
its application the annual certification and assurances and other document the Federal
Transportation Administration requires before awarding a Federal assistance grant or
cooperative agreement.
Passed by the City Council this 26th day of April , 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
The Federal Transit Administration (FTA) will be purging their website on
May 15, 2006. Therefore, it is necessary for transit systems to file
applications designating who will have access to the FTA's Transportation
Electronic Award Management System (TEAM) website. The website is used
to apply for, manage and execute all federal grants. All federal grants have to
be electronically executed. Citibus only executes the grants after City Council
has approved them. The application process does require approval by the
Council and a signed letter from City officials. Citibus is filing TEAM
applications for the General Manager, CFO/Assistant General Manager,
Director of Planning, and the Manager of Finance. All above mentioned
positions work with federal grants on a regular basis. As part of the
application, the applicants are required to sign an acknowledgement of rules
of conduct for system use.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
5.10. Authorization Resolution - Aviation: Resolution No. 2006-RO189
authorizing the Mayor to execute authorization for the Director of
Aviation to submit an application to impose and use a Passenger Facility
Charge to fund capital projects at Lubbock Preston Smith International
Airport.
RESOLUTION NO. 2006-RO189
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 to direct
the Director of Aviation on behalf of the City of Lubbock, to submit an application and
all related documents to the Federal Aviation Administration to impose and use a
Passenger Facility Charge to fund certain capital projects at the Lubbock Preston Smith
International Airport. Said application is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
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Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis,
Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney/
Office Practice Section
A copy of the application is filed with Resolution No. 2006-R0189.
Pursuant to Federal Regulation 14CFR158, the City may apply to the Federal
Aviation Administration (FAA) to impose a Passenger Facility Charge (PFC)
on FAA -approved projects and use the collections to fund those projects. The
law allows PFC's to be used for projects that enhance or preserve the safety,
security and capacity of the airport or to enhance competition between air
carriers or to mitigate noise impacts from aircraft operations.
The new PFC application will fund the following 10 projects and extend the
funding authority to January 2013. The PFC charge will be increased from
two dollars to three dollars in order to accommodate the capital funding and
cash flow needs at the airport.
1. PFC Administration Fees
2. GA Ramp Improvements Phase II
3. Terminal Building Improvements
4. Upgrade Flight Information Display Systems
5. Airfield Pavement Analysis
6. HVAC & Roof Renovation
7. Airfield Drainage and Safety Mitigation Improvements
8. Entrance Road Repaving and Informational Signage Improvements
9. Environmental Assessment for Extension of Runway 8/26
10. Acquire ARFF Vehicle
FISCAL IMPACT
The application request of $9,731,125 will fund 10 airport projects.
The Airport Board and staff recommended approval of this resolution.
5.11. This item was moved from consent agenda to regular agenda and
considered following Item 5.27.
5.12. Bond Issuance Ordinance 1st and only Reading - Finance: Ordinance
No. 2006-00047 providing for the issuance of City of Lubbock, Texas,
General Obligation Refunding Bonds, Series 2006 in an amount not to
exceed $20 million; levying a tax in payment thereof; approving execution
and delivery of an escrow agreement and a bond purchase contract;
approving the official statement; and enacting other provisions relating
thereto.
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Page 410
ORDINANCE NO.2006-00047
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF
LUBBOCK, TEXAS, GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2006 IN AN AMOUNT NOT TO EXCEED $20,000,000; LEVYING A
TAX IN PAYMENT THEREOF; APPROVING EXECUTION AND
DELIVERY OF AN ESCROW AGREEMENT AND A BOND PURCHASE
CONTRACT; APPROVING THE OFFICIAL STATEMENT; AND
ENACTING OTHER PROVISIONS RELATING THERETO
Presently, there are outstanding bonds issued by the City in prior years that
carry an interest rate that is higher than current interest rates. The City desires
to refund all or a portion of those outstanding bonds in order to achieve an
interest rate savings to the City. The bonds that could potentially be refunded
in this financing include:
• Tax & Municipal Drainage Utility System Surplus Revenue Certificates of
Obligation, Series 2001
The ordinance states that the refunding bonds will not exceed $20 million.
However, there is a possibility that the amount of the refunding issuance will
be less than that figure. The factor that will dictate how much refunding bonds
are issued will be the current interest rates at the time of the refunding
transaction. If interest rates fall, a higher level of bonds could be refunded at
an attractive savings. Conversely, if interest rates rise, refunding the
outstanding bonds may not provide a savings level that warrants the refunding
of all of the bonds. Therefore, a maximum amount of issuance has been
provided that gives the City adequate flexibility in obtaining the greatest
amount of savings possible.
The bond ordinance is a "parameters ordinance", which delegates authority to
the City's Chief Financial Officer (CFO) to authorize the timing, terms, and
interest rates of the bond issuance. The ordinance designates certain
parameters that the CFO must conform to while executing the bond sale, and
expires after a 60 day period. This will allow the City to attain the most
attractive rates or terms by timing the issuance under the best market
conditions. In accordance with Section 7.1(a) of the Ordinance, the following
conditions with respect to the bonds must be satisfied in order for the Chief
Financial Officer to act on behalf of the City in selling and delivering the
bonds to the Underwriter:
(a) the price to be paid for the bonds shall be not less than 100% of the
aggregate principal amount of the bonds;
(b) the bonds shall not bear interest at a rate greater than the maximum rate
allowed by Chapter 1204, Texas Government Code, as amended;
(c) the aggregate principal amount of the bonds authorized to be issued for
the purposes described in Ordinance Section 3.1 shall not exceed the
maximum amount authorized in Section 3.1 and shall equal an amount
sufficient to (i) provide for the refunding of the Refunded Obligations
and (ii) pay the costs of issuing the bonds;
(d) the maximum maturity for the bonds shall not exceed 20 years:
(e) the refunding of the Refunded Obligations shall result in a net present
value savings of at least 2%; and
(f) the bonds to be issued, prior to delivery, must have been rated by a
nationally recognized rating agency for municipal securities in one of
the four highest rating categories for long term obligations.
On the date of execution, the City and First Southwest, the City's Financial
Advisor, will negotiate a purchase price for the bonds with the City's chosen
underwriter, A.G. Edwards & Sons, Inc.
Senate Bill 1759 of the 77th Legislative Session amends Subchapter B,
Chapter 1201, of the Texas Government Code under Section 1201.028(3)
allowing the authorization of a public security with only one reading of the
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Page 411
ordinance. Therefore, this will be the only reading of this ordinance that
authorizes the issuance of these bonds.
Staff recommended approval of the first and only reading of this ordinance.
5.13. Bond Issuance Ordinance 1st and only Reading - Finance: Ordinance
No. 2006-00048 providing for the issuance of City of Lubbock, Texas,
General Obligation Bonds, Series 2006; levying a tax in payment thereof;
approving the official statement; approving execution of a purchase
contract; and enacting other provisions relating thereto.
ORDINANCE NO.2006-0048
T AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF
LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2006;
LEVYING A TAX IN PAYMENT THEREOF; APPROVING THE OFFICIAL
STATEMENT; APPROVING EXECUTION OF A PURCHASE CONTRACT;
AND ENACTING OTHER PROVISIONS RELATING THERETO
The purpose of this ordinance is to authorize the issuance of General
Obligation bonds for projects approved by Lubbock voters on May 15, 2004.
This is the third issuance of the $30 million total that was approved. The
issuance of this debt is not anticipated to increase the debt tax rate.
On March 23, 2006, the City Council approved the first step in the issuance
process of City of Lubbock, Texas, General Obligation Bonds, Series 2006.
Resolution #2006-R0154, dated March 23, 2006, authorized publication of a
notice of intention to sell the bonds. The resolution also incorporated language
to allow the reimbursement of bond -funded construction costs expected to be
incurred prior to the bond issuance.
Upon approval of this ordinance, the City will sell these bonds on a negotiated
basis. On April 25, 2006, the City and First Southwest, the City's Financial
Advisor, will negotiate a purchase price for the bonds with the City's chosen
underwriters (Merrill Lynch & Co., as senior manager, A.G. Edwards & Sons,
Inc., M. E. Allison & Co., Inc., and Morgan Stanley).
The proceeds from the sale of the bonds will be used for improvements to the
City's streets and parks. The projects scheduled to be funded with these bonds
are included in Schedule 1 and total $2.74 million in project costs.
Senate Bill 1759 of the 77th Legislative Session amends Subchapter B,
Chapter 1201, of the Texas Government Code under Section 1201.028(3)
allowing the authorization of a public security with only one reading of the
ordinance. Therefore, this will be the only reading of this ordinance. The
ordinance provided in the agenda backup excludes certain information that is
unknown as of the printing of the backup material. Examples of this
information include annual principal & interest amounts and maturity dates.
Once the negotiations have concluded, the information will be completed and
a revised ordinance will be provided to City Council.
Staff recommended approval of the first and only reading of this ordinance.
5.14. This item was moved from consent agenda to regular agenda and
considered following Item 5.11.
5.15. This item was moved from consent agenda to regular agenda and
considered following Item 5.14.
5.16. Alley Use License Resolution - Right -of -Way: Resolution No. 2006-RO190
authorizing the Mayor to execute an alley use license with Covenant
Health System, Inc. to use a portion of a dedicated alley for an aerial
communications cable located at 3623 22nd Place.
RESOLUTION NO.2006-RO190
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 Alley Use License for an
aerial communications cable, by and between the City of Lubbock and Covenant Health
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Page 412
System, Inc., and related documents. Said License is attached hereto and incorporated in
this Resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Senior Attorney/Office Practice
A copy of the License is filed with Resolution No. 2006-RO190.
Covenant Hospital owns the property at 3623 22nd Place and has recently
purchased the property at 3604 23rd Street. They have requested an alley use
license to install an aerial communications cable between the two properties in
the alley south of 22nd Place between Knoxville Avenue and Louisville
Avenue. The Right -of -Way Department has valued this license at six dollars
per square foot from adjacent land values in this area. Using the alley use
license formula for aerial encroachments, a value is determined of. 455 feet x
$6 square foot x 75% x 10% = $191.10 per year. This license will be for 20
years payable every five years in advance, or $955.50 for each five-year
period.
FISCAL IMPACT
Anticipated revenue to the General Fund is $191 per year.
Staff recommended approval of this resolution.
5.17. Right -of -Way Ordinance 1st Reading - Right -of -Way: Ordinance No.
2006-00049 abandoning and closing a transformer pad easement in Lot
2-C Aberdeen Place, a Townhouse Subdivision to the City of Lubbock
located at 1805 Albany Avenue.
ORDINANCE NO.2006-00049
AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD
EASEMENT LOCATED IN LOT 2-C, ABERDEEN PLACE, A TOWNHOUSE
SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a transformer pad easement located in the
northeast corner of Lot 2-C, Aberdeen Place Addition that was previously
dedicated to LP&L by plat. This easement is located just north of 19th Street
on the east side of Albany Avenue and is being closed for development
purposes and is no longer needed by LP&L.
Staff recommended approval of the first reading of this ordinance.
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5.18. Contract Amendment Resolution - Street Drainage Engineering:
Resolution No. 2006-RO191 for street drainage improvements at various
locations, BID #06-010-BM.
RESOLUTION NO.2006-RO191
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 street
drainage improvements of various locations, by and between the City of Lubbock and M
and S Concrete of Levelland, Texas, and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 26th day of April, 2006, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as
OWNER, and M&S Concrete Company, of the City of Levelland, County of Hockley,
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 #06-010-13M - STREET DRAINAGE IMPROVEMENTS AT VARIOUS
LOCATIONS - $45,600
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. M&S Concrete
Company's bid dated February 21, 2006 is incorporated into and made a part of this
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.
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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.
CONTRACTOR CITY OF LUBBOCK, TEXAS
M&S Concrete Company (OWNER)
By: /s/ V R Michaels, Jr.
PRINTED NAME: V R Michaels, Jr.
TITLE: Owner
COMPLETE ADDRESS:
M&S Concrete Company
PO Box 8241
Levelland, TX 79338
ATTEST:
/s/
Corporate Secretary
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith
Owner's Representative
/s/ Larry D. Hertel
Director
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
This project involves replacing and improving failed drainage conveyance
systems. The project includes curb and gutter replacement and berm
construction at 3805 and 3807 96th Street, 5907 85th Street, 4901 and 4903
94th Street, along the alley between Topeka Avenue and Toledo Avenue at
81 st Place, and 6201 Martin Luther King Blvd.
Time for completion is 30 business days and liquidated damages is $100 per
day. Twenty-five local contractors were invited to bid on this item and two
local contractors responded.
FISCAL IMPACT
A total of $500,000 was appropriated with $122,119 available in Dip
Reconstruction Capital Improvement Project for this purpose.
Staff recommended bid award to M & S Concrete Company of Levelland,
Texas for $45,600.
5.19. Contract Amendment Resolution - Aviation: Resolution No. 2006-RO192
authorizing the Mayor to execute Amendment No. 7 to the Agreement
with Parkhill Smith & Cooper for A/E services for Airport Improvement
Projects - Terminal Building Improvements.
RESOLUTION NO.2006-RO192
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment No. 7 to the
agreement between the City of Lubbock and Parkhill, Smith & Cooper for
architecture/engineering services for the Terminal Building Improvements Project, and
all related documents. Said Amendment is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be.
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April 26, 2006
Page 415
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
This item is an amendment to the January 13, 2005 contract with Parkhill
Smith & Cooper for architecture and engineer services for Airport
Improvement Projects. The amendment is for the design of HVAC
improvements, carpet replacement, and restroom ADA modifications.
HVAC Improvements Fee Proposal:
Design Services
$ 274,000
Construction Phase Services
92,000
Total HVAC Improvements
$ 366,000
Carpet Replacement Fee Proposal:
Design Services
$ 26,000
Construction Phase Services
17,900
Total Carpet Replacement
$ 43,900
Restroom ADA Fee Proposal:
Design Services
$ 62,100
Construction Phase Services
33,500
Total ADA Improvements
$ 95,600
FISCAL IMPACT
The total cost of the design and construction phase services for the building
improvements is estimated at $505,500. The project will be funded by
Passenger Facility Charge revenue, future Airport Improvement Project Grant,
and local funds. The design and construction phase services were approved as
part of a budget amendment, to be included in the Adopted Capital
Improvement Program.
The Airport Board and staff recommended approval of this resolution.
5.20. Contract Resolution - Police: Resolution No. 2006-RO193 authorizing the
Mayor to extend the term of the contract with Physicians Network
Association for one year to provide medical services at the City of
Lubbock Temporary Holding Facility.
RESOLUTION NO.2006-RO193
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 Amendment to the Contract between
the City of Lubbock and Physicians Network Association for medical services at the City
of Lubbock Temporary Holding Facility, and related documents. Said amendment is
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Page 416
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Mann
Tom Mann, Assistant Chief
Lubbock Police Department
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the amendment is filed with Resolution No. 2006-RO193.
Physicians Network Association provides medical services including intake
and screening forms, on -call licensed vocational nurse, access to physician,
nurse practitioner or physician assistant, suicide assessment, etc. for the Police
Department Temporary Holding Facility.
FISCAL IMPACT
Funding for this contract was included in the Police Department FY 2005-06
Operating Budget.
Staff recommended approval of this resolution.
5.21. This item was moved from consent agenda to regular agenda and
considered following Item 5.15.
5.22. This item was moved from consent agenda to regular agenda and
considered following Item 5.21.
5.23. Contract Resolution - Water Utilities: Resolution No. 2006-RO194
authorizing the Mayor to execute an agreement with Terry Crofoot for
the grazing of beef type cattle on the Lubbock Land Application Site.
RESOLUTION NO.2006-RO194
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 Grazing Agreement by and
between the City of Lubbock and Terry Crofoot, for grazing rights at the Lubbock Land
Application Site, and all related documents. Said Grazing 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.
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Page 417
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas L. Adams
Thomas Adams
Deputy City Manager
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess
City Attorney
A copy of the Grazing Agreement is filed with Resolution No. 2006-RO194.
The City of Lubbock has received approval from the Texas Commission on
Environmental Quality to continue the grazing program on the Lubbock Land
Application Site (LLAS). The contract allows for the right to graze one to two
head beef type cattle per acre per day during periods of grazing. No dairy or
dairy type cattle are permitted. The contract specifically states that the purpose
and the use of the LLAS is effluent disposal and due to a number of other
issues makes the site less then optimum for crop growth. The contract
includes the prescribed parameters approved by the State of Texas for grazing
cattle on the site. The contract may be terminated with 60 days notice by the
City or the Contractor.
FISCAL IMPACT
This contract is expected to generate $100.000 annual revenue for the Sewer
Fund.
Staff recommended approval of this resolution.
5.24. Contract Resolution - Parks and Recreation: Resolution No. 2006-RO195
for the construction of Challenger Little League Baseball Field at
McAlister Park, BID #06-014-MA.
RESOLUTION NO.2006-RO195
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and Hunter Construction Company of Lubbock for construction of a little league baseball
field and associated facilities, which Contract and any associated documents, are attached
hereto and made a part of this Resolution for all intents and purposes.
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Page 418
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell, Community Services Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 26th day of April, 2006, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
the Mayor, City of Lubbock, there -unto authorized to do so, hereinafter referred to as
OWNER, and Hunter Construction Company, of the City of Lubbock, 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 #06-014-MA - CHALLENGER LEAGUE BASEBALL FIELD CONSTRUCTION
- $547,727
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. Hunter
Construction Company's bid dated April 6, 2006 is incorporated into and made a part of
this 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.
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Regular City Council Meeting
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Page 419
CONTRACTOR CITY OF LUBBOCK, TEXAS
Hunter Construction Company (OWNER)
By: /s/ Jim D. Hunter By: /s/ Marc McDougal
Mayor
PRINTED NAME: Jim D. Hunter
TITLE: President ATTEST:
COMPLETE ADDRESS: /s/ Rebecca Garza
Hunter Construction Company City Secretary
510 Valencia Ave.
Lubbock, TX 79416 APPROVED AS TO CONTENT:
/s/ Brett Glenn
ATTEST: Owner's Representative
/s/ James Gaines /s/ Scott Snider
Corporate Secretary Director
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
The Challenger Little League Baseball Field will be an accessible baseball
field for the physically and mentally challenged. This facility will complete
the four field complex at Coronado and Lala Cavazos Baseball Complex at
Bill McAlister Park located at Milwaukee Avenue and Brownfield Highway.
This project is a joint endeavor between the City of Lubbock, Lubbock
Challenger Little League Inc., and Texas Parks and Wildlife Department. The
baseball field will be constructed to meet the needs of children and adults with
physical limitations in order to make play easier for individuals using
wheelchairs, crutches, or walkers. The base bid for the project includes
construction of a press -box, shade shelters, and installation of concrete
flatwork, fencing, artificial infield turf, irrigation, and establishment of turf in
the outfield.
Time for completion of this project is 240 consecutive calendar days and
liquidated damages are $250 per day. Two local contractors submitted bids.
FISCAL IMPACT
A total of $648,000 is appropriated with $464,697 available in Capital
Improvement Project 90384, Lubbock Challenger Little League Sports, with
additional fund contribution from Lubbock Challenger Little League Inc. of
$85,000 and from Texas Parks and Wildlife Department matching grant
funding of $95,000 for this purpose.
Staff recommended bid award to Hunter Construction Company of Lubbock,
Texas for $547,727.
5.25. Contract Resolution - Facilities Management: Resolution No. 2006-RO196
for the purchase and installation of an emergency generator to supply the
Municipal Building with temporary power in the event primary power is
lost to the facility.
RESOLUTION NO.2006-RO196
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and Acme Electric of Lubbock for installation of a Municipal Building generator, which
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April 26, 2006
Page 420
Contract and any associated documents, are attached hereto and made a part of this
Resolution for all intents and purposes.
Passed by the City Council this 26th day of April, 2006.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Director of General Services
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 26th day of April, 2006, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as
OWNER, and Acme Electric, of the City of Lubbock, 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 #06-017-MA - MUNICIPAL BUILDING GENERATOR INSTALLATION -
$372,000
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. Acme Electric's
bid dated March 28, 2006 is incorporated into and made a part of this 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.
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Page 421
CONTRACTOR
Acme Electric
By: /s/ Barry Brown
PRINTED NAME: Barry Brown
TITLE: Partner
COMPLETE ADDRESS:
Acme Electric
108 East 82nd
Lubbock, TX 79404
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS
(OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Wesley Everett
Owner's Representative
/s/ Victor Kilman
Director
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
This project involves the purchase and installation of an emergency generator
sized to handle the entire Municipal Building if primary power is lost. The
generator and automatic transfer switch will be located on the north-east
section of the north parking lot.
The base bid for this project includes a 750 KW generator sized for minimum
power requirements. The alternate bid includes a 1,000 KW generator sized
to handle all Municipal Building power requirements.
FISCAL IMPACT
Capital Improvement Project 91152, Municipal Building Generator, was
amended in Budget Amendment #15 to increase the appropriation to $372,000
to accommodate the alternate bid. The funding for this project will be through
the City's FY 2005-06 Master Lease -Purchase Program.
Staff recommended bid award for the alternate bid to Acme Electric of
Lubbock, Texas for $372,000.
5.26. This item was moved from consent agenda to regular agenda and
considered following Item 5.22.
5.27. Purchase Resolution - Water Utilities: Resolution No. 2006-RO197 for the
sole source purchase of point-to-point licensed data radios.
RESOLUTION NO.2006-RO197
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Purchase Order Contract by and between the
City of Lubbock and Microwave Data Systems of Rochester, New York for point-to-
point wideband radio equipment for the Bailey County water supply line, which Contract
and any associated documents, are attached hereto and made a part of this Resolution for
all intents and purposes.
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Page 422
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sherry Stephens
Sherry Stephens, Director of Water Utilities
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Contract and associated documents is filed with Resolution No.
2006-R0197.
The communication link between the Water Utilities Control Room in
Lubbock, Texas and the Bailey County Wellfield consists of a point-to-point
licensed radio system. This system provides the capability to monitor and
control the Bailey County Wellfield, Sudan pumping station, and three valve
control stations located at Amherst, Littlefield, and Shallowater. The integrity
of this communications link is vital to the operation of this system because it
allows remote monitoring and control of water flow, water quality, and key
system components.
A manufacturer's service bulletin from Microwave Data Systems indicates
that the existing point-to-point radios serving the Bailey County system are no
longer serviceable.
Water Utilities staff has been successful repairing existing units with
replacement circuit boards from stock and sending the defective units back to
the manufacturer for repair. Unfortunately, this is no longer an option because
repair parts are now obsolete.
Water Utilities staff has been in contact with the manufacturer to determine
what solutions may be available for staff to continue monitoring the Bailey
County system.
The solution offered by the manufacturer is to replace the existing 960D
radios with a new product called LEDR II. The manufacturer has assured
Water Utilities staff that the new radios are compatible with our existing
equipment. In addition, the manufacturer has offered discount pricing and
trade-in allowances until June 2006.
The current replacement cost for each radio is $14,200. The discounted price
$10,650 each plus a trade-in credit of $1,500 per radio, resulting in a net cost
of $9,150 per radio. If the radios are purchased June 2006, the City saves
$5,050 per unit, or $50,500 for the replacement of all ten radios.
Continued communication over the existing link cannot be guaranteed due to
the unavailability of repair parts. Replacing the radios now will allow Water
Utilities staff to control the downtime required for component change out,
rather than experiencing critical downtime spent waiting on replacements to
arrive after catastrophic component failure.
FISCAL IMPACT
A total of $106,500 is available in account 6347.8261.
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Page 423
Staff recommended purchase from Microwave Data Systems of Rochester,
New York for $106,500.
5.11. Amendment Change Resolution - Aviation: Resolution No. 2006-RO198
authorizing the Mayor to execute an amendment to the Passenger Facility
Charge Application 04-05-C-00-LBB.
RESOLUTION NO. 2006-RO198
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 to direct
the Director of Aviation on behalf of the City of Lubbock, to submit an amendment to
application 04-05-C-00-LBB and all related documents to the Federal Aviation
Administration to impose and use a Passenger Facility Charge to fund certain capital
projects at the Lubbock Preston Smith International Airport. Said application is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis,
Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney/
Office Practice Section
A copy of the application is filed with Resolution No. 2006-RO198.
This amendment to Passenger Facility Charge (PFC) Application
04-05-C-00-LBB will fund 10% of the Extend Taxiway Lima Project. During
the design of the project, it was determined that the extent of excavation and
embankment to provide proper grades and drainage was more than initially
anticipated. Several factors such as the relocation of the existing playa lake,
modifying the drainage structures to accommodate the extension, and
construction inflation resulted in higher than anticipated project cost. This
action will increase the PFC match on the project from $309,234 to
$1,144,940, an increase of $835,706.
FISCAL IMPACT
The PFC application total will be increased by $835,706.
The Airport Board and staff recommended approval of this resolution.
James Loomis, Director of Aviation, gave comments and answered questions
from Council.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Gilbreath to pass Resolution No. 2006-RO198 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
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Page 424
5.14. Code of Ordinances Ordinance 1st Reading - Building Inspection:
Ordinance No. 2006-00050 amending City of Lubbock Code of
Ordinances, Article II, Chapter 6, Building Code, further amending the
2003 International Building Code with regard to required fire
suppression systems in Group R occupancies.
ORDINANCE NO.2006-00050
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II, OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS ENTITLED "BUILDING
CODE" TO AMEND THE 2003 INTERNATIONAL BUILDING CODE WITH
REGARD TO REQUIRED FIRE SUPPRESSION SYSTEMS IN GROUP R
OCCUPANCIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This amendment, as well as the companion amendment to the International
Fire Code, exempts R-1 and R-2 buildings of less than three stories in height
from the installation of automatic fire sprinkler systems.
FISCAL IMPACT
No fiscal impact anticipated.
Steve O'Neal, Building Official, gave comments and answered questions from
Council.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Price to pass on first reading Ordinance No. 2006-00050 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
5.15. Code of Ordinances Ordinance 1st Reading - Fire Department:
Ordinance No. 2006-00051 amending Code of Ordinances, Chapter 11,
Article III, Section 11-84, Fire Code, with regard to required fire
suppression systems in Group R occupancies and exempting R-1 and R-2
buildings of less than three stories in height from the installation of
automatic fire sprinkler systems.
ORDINANCE NO.2006-00051
AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, CHAPTER 11, ARTICLE III, ENTITLED "NATIONAL FIRE
CODES" AT SECTION 11-84 TO AMEND THE 2003 INTERNATIONAL FIRE
CODE WITH REGARD TO REQUIRED FIRE SUPPRESSION SYSTEMS IN GROUP
R OCCUPANCIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This amendment, as well as the companion amendment to the International
Building Code, exempts R-1 and R-2 buildings of less than three stories in
height from the installation of automatic fire sprinkler systems.
FISCAL IMPACT
No fiscal impact anticipated.
Steve O'Neal, Building Official, gave comments and answered questions from
Council.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Price to pass on first reading Ordinance No. 2006-00051 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
Council Member Boren arrived at 9:05 a.m.
5.21. Contract Resolution - Utilities: Resolution No. 2006-RO199 for Cite of
Lubbock Utility Software System, RFP #05-104-RW.
RESOLUTION NO.2006-RO199
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 Utility Software System
and Implementation Agreement with GE Energy to provide for the purchase of a utility
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Regular City Council Meeting
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Page 425
software and implementation, which is attached hereto and which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas Adams
Thomas Adams
Assistant City Manager
APPROVED AS TO FORM:
/s/ Matthew Wade
Matthew L. Wade
Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2006-RO199.
The Automated Mapping and Facilities Management (AM/FM), Work Order
Management (WMS), and Automated Vehicle Tracking and Locating (AVL)
systems will provide participating departments with enhanced customer
service and an anticipated reduction of labor costs through efficiencies. This
system provides the technology to facilitate outage management, make
efficient work assignments, manage and automate warehouse inventory,
mapping and routing functions. The software will interconnect with the
Banner Customer Information System, J.D. Edwards financial system, and the
Supervisory Control and Data Acquisition system. This will allow for real
time engineering analysis of the entire electrical, water, wastewater and solid
waste systems including short circuit analysis, load flow analysis, and
forecasting analysis. This system will provide a means to identify and monitor
safety hazards and risks and will assist Water Utilities in meeting recent state
mandated audit recommendations.
Lubbock Power & Light, City of Lubbock Water and Sewer Department, and
City of Lubbock Solid Waste Department were assisted by Department of
Information Technology and the Purchasing Department in conducting a
competitive sealed proposal process for the acquisition of the utility software
system. Following evaluation of the proposals, the evaluation committee
recommended GE Energy of Denver, Colorado as the system provider. The
new software system will permit the participating departments to improve
their respective operations in terms of both scope and efficiency.
The initial implementation cost of the system is $1,760,721 with software cost
$324,585 and the installation cost of $1,436,136. An initial change order in
the amount of $40,000 has been included in the implementation to prepare an
interface with the City's centerline file in field force automation in lieu of
Mapquest used in GE Energy's current software. The annual costs for
maintenance and upgrades will be $69,279 to be divided equally among the
four departments. Additional costs of approximately $485,000 will be needed
for additional hardware servers $250,000, Travel and Lodging not to exceed
$135,000, and a contingency for possible change orders $100,000. GPS units
and Mobile Data Terminals $544,500 will be purchased in the future in
conjunction with the utility software system.
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April 26, 2006
Page 426
The evaluation committee ranked the respondents to the RFP as follows:
G E Energy of Denver, Colorado
531
UAI, Inc. of Huntsville, Alabama
450
Origin Geosystems of Smyrna, Georgia
409
Miner & Miner of Fort Collins, Colorado
316
Enspiria Solutions of Littleton, Colorado
243
Alliance Data of Atlanta, Georgia
236
Onegis, Inc. of Atlanta, Georgia
236
NMT Corporation of Lacrosse, Wisconsin
25
Proposals were evaluated based on the following criteria:
• Price, 5 points
• Software functionality, 50 points
• Technical Support/Service, 10 points
• Corporate experience, 5 points
• Network Functionality, 5 points
• Implementation Plan, 25 points
FISCAL IMPACT
The total appropriation in Capital Improvement Project #91118 "AM/FM
Automate Mapping" for this project is $2,790,221. Funded through
$1,321,307 from LP&L, $732,218 from the Water Utility, $429,098 from
Solid Waste and $307,598 from Sewer Utility. This project is funded through
the City's Master Lease Program and the annual lease payment will be paid
proportionally by the participating funds.
Staff recommended contract award to GE Energy of Denver, Colorado for
$1,760,721.
Mark Yearwood, Chief Information
Officer; and Lee Ann Dumbauld,
answered questions from Council.
Officer; Jeff Yates, Chief Financial
City Manager, gave comments and
Council Member Gilbreath expressed his concern regarding a "Return of
Investment" analysis on this project and asked that, in the future, Council be
provided this information with these types of projects.
After further discussion, Council Member DeLeon called for the question.
Mayor McDougal called for a vote, which carried: 7 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO199 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.22. Contract Resolution - Water Utilities: Resolution No. 2006-RO200 for
municipal water softener system replacement at the Water Treatment
Plant, BID #06-009-BM.
RESOLUTION NO. 2006-RO200
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 Municipal
Water Softener System Replacement, per ITB 06-009-13M, by and between the City of
Lubbock and Anthony Mechanical 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 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
Regular City Council Meeting
April 26, 2006
Page 427
/s/ Rebecca Garza
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Sherry Stephens
Sherry Stephens
Chief Operating Officer, Water Utilities
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 26th day of April, 2006, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as
OWNER, and Anthony Mechanical, Inc., of the City of Lubbock, 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 #06-009-13M - MUNICIPAL WATER SOFTENER SYSTEM REPLACEMENT -
$65,449
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. Anthony
Mechanical, Inc.'s bid dated February 22, 2006 is incorporated into and made a part of
this 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.
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Page 428
CONTRACTOR
Anthony Mechanical, Inc.
By: /s/ Will Anthony
PRINTED NAME: Will Anthony
TITLE: President
COMPLETE ADDRESS:
Anthony Mechanical, Inc.
PO Box 3886
Lubbock, TX 79452
ATTEST:
/s/ Micheal B. Powell
Corporate Secretary
CITY OF LUBBOCK, TEXAS
(OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Gary Essary
Owner's Representative
/s/ Larry D. Hertel for Tom Adams
Director
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
This project involves the purchase and installation of a water softener system
for the treatment of carbon slurry to control taste and odor problems that may
occur in drinking water. Softened water is required to avoid calcium scale
buildup in the system components such as piping, tanks, and feeders.
Time for completion is 30 calendar days and liquidated damages are $25 per
day. Two local contractors were invited to bid on this item and one local
contractor responded.
FISCAL IMPACT
A total of $330,000 is appropriated with $258,213 available in Capital
Improvement Project 91032, Water Treatment Plant Upgrades.
Staff recommended bid award to Anthony Mechanical of Lubbock, Texas for
$65,449.
Victor Kilman, Director of General Services, gave comments and answered
questions from Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2006-RO200 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal was away from the dais.
5.26. Contract Resolution - Water Utilities: Resolution No. 2006-RO201 for
irrigation well development at Lubbock Land Application Site, BID
#06-018-BM.
RESOLUTION NO.2006-RO201
WHEREAS, the City of Lubbock is contemplating construction of water well
facilities in certain portions of the City; and
WHEREAS, the City of Lubbock has received multiple bids to its Invitation to
Bid (#06-018-BM) regarding such project; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, after considering the experience
of the bidders, including the previous performance experience of the City of Lubbock
Regular City Council Meeting
April 26, 2006
Page 429
with the bidders, finds that the lowest responsible bidder for Invitation to Bid Number
06-018-BM is Hi Plains Drilling, Inc. of Abernathy, Texas;
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock the Contract regarding
Invitation to Bid Number 06-018-13M, by and between the City of Lubbock and Hi Plains
Drilling, Inc., and any other related documents. Said Contract is attached hereto as
Exhibit "A" and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 26th day of April 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Director of General Services
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 26th day of April, 2006, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as
OWNER, and Hi Plains Drilling, Inc, of the City of Abernathy, 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 #06-018-13M - IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND
APPLICATION SITE - $85,898
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. Hi Plains
Drilling, Inc's bid dated April 11, 2006 is incorporated into and made a part of this
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
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Regular City Council Meeting
April 26, 2006
Page 430
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.
CONTRACTOR
Hi Plains Drilling, Inc
By: /s/ Gary D. McKenzie
PRINTED NAME: Gary D.
McKenzie
TITLE: Vice President
COMPLETE ADDRESS:
Hi Plains Drilling, Inc
PO Box 730
Abernathy, TX 79311
ATTEST:
/s/ Kim A. Ford
Corporate Secretary
CITY OF LUBBOCK, TEXAS
(OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Owner's Representative
/s/ Thomas L. Adams
Director
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
This project involves drilling and developing three irrigation wells at the
Lubbock Land Application Site, including the installation of a submersible
pump and associated equipment for each well. The installation of these
production wells satisfy TCEQ nitrite level requirements for groundwater and
is required by the Groundwater Remediation Plan.
Time for completion of this project is 30 consecutive days and liquidated
damages are $150 per day.
FISCAL IMPACT
A total of $270,000 is appropriated in Capital Improvement Project 91083,
Lubbock Land Application Remediation Wells, with $270,000 available for
this purpose.
Staff recommended bid award to Acosta Drilling of Lamesa, Texas for
$72,040.
Tom Adams, Deputy City Manager, and Anita Burgess, City Attorney, gave
comments and answered questions from Council.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Gilbreath to pass Resolution No. 2006-R0201 with an amendment to award
the bid to Hi Plains Drilling, Inc., which is the lowest responsible bidder.
Motion carried: 7 Ayes, 0 Nays.
6. REGULAR AGENDA
6.1. Board Appointments - City Secretary: Consider one appointment to
Building Board of Appeals, two appointments to Junked Vehicle
Compliance Board, and four appointments to Water Board of Appeals.
Motion was made by Council Member DeLeon, seconded by Council Member
Gilbreath to appoint George Carpenter to the Building Board of Appeals.
Motion carried: 7 Ayes, 0 Nays.
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Page 431
Motion was made by Council Member DeLeon, seconded by Council Member
Gilbreath to appoint Dan Hale and reappoint Bill Ackors to the Junked
Vehicle Compliance Board. Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Gilbreath to reappoint Bo Jackson, Ronnie Bales, Russ Plowman, and Robert
Rodgers to the Water Board of Appeals. Motion carried: 7 Ayes, 0 Nays.
6.2. This item was considered following Item 3.6.
6.3. This item was considered following Item 6.2.
6.4. This item was considered following Item 6.3.
6.5. This item was considered following Item 6.4.
6.6. This item was considered following Item 6.5.
6.7. This item was considered following Item 6.6.
6.8. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No.
2006-00044 Consider an ordinance abandoning and closing a 20-foot
wide drainage easement located in Tract 2A, Overton Park Addition to
the City of Lubbock located at 605 University Avenue.
ORDINANCE NO.2006-00044
AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT EASEMENT
LOCATED IN TRACT 2A, OVERTON PARK ADDIITON TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance was read for the first time at the April 13, 2006 City Council
meeting. The ordinance abandons and closes a 20-foot wide by 210-foot long
drainage easement just south of 6th Street on the east side of University
Avenue that was dedicated with the platting of Tract 2A, Overton Park
Addition. A new 20-foot drainage easement will be dedicated in the replat just
to the south of this easement being closed.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of the second reading of this ordinance.
Motion was made by Council Member Price, seconded by Council Member
Jones to pass on second and final reading Ordinance No. 2006-00044 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal recused himself.
6.9. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No.
2006-00045 Consider an ordinance abandoning and closing a portion of
Slide Road and a portion of an underground water line easement located
in Section 5, Block J-S Lubbock County, property located at 910 North
Slide Road.
ORDINANCE NO.2006-00045
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF SLIDE
ROAD AND A 10-FOOT UNDERGROUND WATER LINE EASEMENT LOCATED
IN SECTION 5, BLOCK J-S, LUBBOCK COUNTY, TEXAS, WHICH IS MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance was read for the first time at the April 13, 2006 City Council
meeting. This ordinance abandons and closes a 1,150 square foot portion of
Slide Road at its intersection with Marshall Street. This portion of street right-
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Page 432
of -way is being closed for platting and development purposes for a new
residential subdivision by McDougal Properties and there will be no charge
for this street closure since the proponent was the original dedicator of the
street. The second closure is for a portion of an underground water line
easement that was dedicated in 1981 in Section 5, Block J-S, which is now
part of the new North Slide Road right-of-way. The north 1390 feet of this
easement is being closed for platting and development purposes and the water
line in this easement has been re-routed in the new Slide Road right-of-way
and is no longer needed.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of the second reading of this ordinance.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to pass on second and final reading Ordinance No. 2006-00045 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal recused himself.
6.10. This item was considered following Item 6.12.
6.11. This item was considered following Item 6.10.
6.12. Bond Issuance Ordinance 1st and only Reading - Finance : Ordinance
No. 2006-00052 providing for the issuance of Tax and Waterworks
System Surplus Revenue Certificates of Obligation, Series 2006; Levying
a tax and pledging surplus Waterworks System revenues in payment
thereof; approving the official statement; approving execution of a
purchase contract; and enacting other provisions relating thereto.
ORDINANCE NO.2006-00052
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF
LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2006; LEVYING A
TAX AND PLEDGING SURPLUS WATERWORKS SYSTEM REVENUES IN
PAYMENT THEREOF; APPROVING THE OFFICIAL STATEMENT;
APPROVING EXECUTION OF A PURCHASE CONTRACT; AND
ENACTING OTHER PROVISIONS RELATING THERETO
On March 23, 2006 the City Council approved the first step in the issuance
process of City of Lubbock, Texas, Tax and Waterworks System Surplus
Revenue Certificates of Obligation, Series 2006. Resolution #2006-R0154
dated March 23, 2006 approved and authorized publication of a notice of
intention to issue the certificates of obligation. The resolution also
incorporated language to allow the reimbursement of bond -funded
construction costs expected to be incurred prior to the bond issuance.
Upon approval of this ordinance, the City will sell these certificates on a
negotiated basis. On April 25, 2006 the City and First Southwest, the City's
Financial Advisor, will negotiate a purchase price for the certificates with the
City's chosen underwriters (Merrill Lynch & Co., as senior manager, and
A.G. Edwards & Sons, Inc., M. E. Allison & Co., Inc., and Morgan Stanley).
The proceeds from the sale of the certificates will be used for improvements
to the City's Electric System, Wastewater System, Water System, Solid Waste
System, Storm Drainage System, Airport, North Overton Tax Increment
Finance District, Gateway Streets, City Facilities, City Cemetery, City Streets,
and City Parks. The projects scheduled to be funded with these certificates
are included in Schedule 1 and total $78,985,000 in project costs.
Senate Bill 1759 of the 77th Legislative Session amends Subchapter B,
Chapter 1201, of the Texas Government Code under Section 1201.028(3)
allowing the authorization of a public security with only one reading of the
ordinance. Therefore, this will be the only reading of this ordinance that
authorizes the issuance of these certificates. The ordinance provided in the
agenda backup excludes certain information that is unknown as of the printing
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of the backup material. Examples of this information include annual principal
and interest amounts and maturity dates. Once the negotiations have
concluded, the information will be completed and a revised ordinance will be
made available to the Council.
Staff recommended approval of the first and only reading of this ordinance.
Vince Vialle, City of Lubbock's financial advisor from First Southwest
Corporation, gave comments and answered questions from Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass on first and only reading Ordinance No. 2006-00052 as
— recommended by the revised document furnished at the dais. Motion carried:
6 Ayes, 0 Nays.
Mayor McDougal recused himself.
6.13. This item was considered following Item 6.11.
6.14. This item was considered following Item 6.7.
6.10. Adoption Resolution - Human Resources: Resolution No. 2006-RO202
adopting new job classification and pay plan recommended by Waters
Consulting Group, Inc.
RESOLUTION NO.2006-RO202
WHEREAS, the Waters Consulting Group. Inc. (WCG) of Dallas, Texas
conducted a comprehensive job classification and pay study for the City of Lubbock in
2005; and
WHEREAS, WCG has made certain recommendations that have been
incorporated into a City of Lubbock Exempt Pay Structure, a City of Lubbock Non -
Exempt Pay Structure, and a City of Lubbock Police and Fire Pay Schedule, copies of
which are attached hereto as Exhibit A, and incorporated herein as if fully set forth;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That the attached City of Lubbock Exempt Pay Schedule, City of Lubbock Non -Exempt
Pay Schedule, and City of Lubbock Police and Fire Pay Schedules are hereby adopted.
Passed by the City Council this 26th day of April, 2006
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Scott Snider by Steve Synck
Scott Snider, Director of Human Resources
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
The Waters Consulting Group, Inc. (WCG) of Dallas, Texas conducted a
comprehensive job classification and pay study for the City of Lubbock in
2005. Employees in non -Civil Service job classifications completed a Job
Description Questionnaire to provide comprehensive information on each
position. These questionnaires were reviewed by supervisors and department
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Page 434
heads. Each department also completed a Job Evaluation Manual on every job
title within their respective departments. Non -Civil Service classifications
were evaluated using a point -factor job evaluation method to develop a
hierarchy of positions and to determine the internal value of each
classification to the City organization. Civil Service ranks in Fire and Police
are established by ordinance and were not included in the job evaluation
review.
WCG conducted a salary survey among seven local employers, and 14 Texas
municipalities with populations of similar size to Lubbock. Job evaluation
scores for each classification and salary survey data for benchmark
classifications were used by WCG to develop pay structures for non -Civil
Service jobs. WCG recommended replacing the five current non -Civil Service
pay schedules including Management, Professional, Technical, Clerical, and
Trades with two pay schedules that include Exempt and Non-exempt. WCG
recommended that employees be placed within the new pay ranges at their
current salaries. Any employee whose current salary is below the new
minimum salary for their classification would be paid the minimum salary,
resulting in 117 employees receiving increases to the new minimum salary
rates. The three percent pay adjustment, which City Council approved for
October 2005, accomplished a portion of the adjustment that WCG
recommended.
WCG recommended adjusting pay rates for Police ranks of Police Officer and
Probationary Police Officer. The recommended pay adjustments were
essentially accomplished when all Police pay rates were increased by three
percent in October 2005. The remaining adjustments to be implemented are
small. A new entry-level pay step, Entry Level II, is included in the proposal
to accommodate implementation of an 18-month probationary period for
Police Department personnel.
WCG also recommended adjusting pay rates for the entire Fire Civil Service
pay schedule. Again, the recommended pay adjustments were essentially
accomplished when all Fire Department pay rates were increased by four
percent in October 2005. The remaining adjustments to the Probationary Fire
Fighter and Fire Fighter ranks are small.
Under the new plan, Police and Fire Civil Service employees will move to the
new pay rate established for their rank and step. If the rate of pay for a step
has increased, the employee will receive a pay increase to match the new step
rate.
FISCAL IMPACT
The estimated increase in cost for the mid -year implementation is $206,348
itemization by fund is provided. The additional cost will be funded through
the use of fund balance in FY 2005-06 and will be funded through operating
revenues in FY 2006-07.
Staff recommended adopting the new classification and pay plan.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to pass Resolution No. 2006-RO202 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
6.11. Repealing of Ordinance 1st Reading - City Secretary: Ordinance No.
2006-00053 repealing City of Lubbock Ordinance No. 225 purported to
have been passed in 1923 requiring persons of African descent to live in a
particular district of the City of Lubbock.
ORDINANCE NO.2006-00053
AN ORDINANCE REPEALING CITY OF LUBBOCK ORDINANCE NO. 225
PURPORTED TO HAVE BEEN PASSED IN 1923 REQUIRING PERSONS OF
AFRICAN DESCENT TO LIVE IN A PARTICULAR DISTRICT OF THE CITY OF
LUBBOCK; PROVIDING A SAVING CLAUSE AND PROVIDING FOR
PUBLICATION.
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Volume 3, Page 132, of the Minute Book of the minutes of the City Council
of the City of Lubbock contains a copy of an Ordinance No. 225, which does
not indicate a date of passage by the City Council and which may or may not
have been passed in 1923.
Due to the offensive and improper nature of this ordinance, which purports to
require persons of African descent to reside in a particular district of the City
of Lubbock and not elsewhere, the City Council of the City of Lubbock deems
it to be in the best interest of the citizens of the City of Lubbock to make it
abundantly clear that this Ordinance, if it was ever passed by the City Council
of the City of Lubbock, is not the policy of the City of Lubbock, and is
therefore repealed.
FISCAL IMPACT
No fiscal impact anticipated
Staff recommended approval of the first reading of this ordinance.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to pass on first reading Ordinance No. 2006-00053 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
6.13. Budget Ordinance 1st Reading - Finance: Ordinance No. 2006-00054
amendment #16 amending the FY 2005-06 budget respecting the General
Fund, Airport Fund, Capital Improvement Program, Internal Service
Fund, Wastewater Fund, Solid Waste Fund, Stormwater Fund, Water
Fund and Grant Funds.
ORDINANCE NO. 2006-00054
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GENERAL FUND; (2) AIRPORT FUND; (3)
CAPITAL IMPROVEMENT PROGRAM; (4) INTERNAL SERVICE FUND; (5)
WASTEWATER FUND; (6) SOLID WASTE FUND; (7) STORMWATER FUND; (8)
WATER FUND; AND (9) GRANT FUNDS. (AMENDMENT #16)
1. Accept and appropriate $52,842 of funding from the Texas Health and
Human Services Commission to provide for the 2006 Summer Food
Service Program for children. This grant program will begin on May 30,
2006, and will end August 4, 2006. The Summer Food Services Program
provides a nourishing noon meal to youngsters age 1 through 18. There
are no City match funds required. Meals will be served at the following
locations:
Rawlings Community Center - Harwell Gym
Trejo Supercenter - 3200 Amherst
Simmons Community Center - 23rd and Oak
George Woods Center - Erskine and Zenith
Phea Branch of the Boys and Girls Club - 1801 E. 24th
2. Accept and appropriate $100,190 of funding from the Texas Department
of State Health Services to provide for the purchase of bioterrorism testing
laboratory equipment. The current approved amount of $199,760 will
increase to $299,950. The Vitek 2 Compact 30 System will replace an
outdated piece of equipment. The new equipment will be used for the
identification and drug susceptibility testing of microorganisms and aid in
the treatment of patients. No City matching funds are required.
3. Transfer the appropriated funds of $30,000 and the current expenditures of
$21,753 from the Airport Sprinkler System Rehab Project to the Regis
Corridor Enhancement Project. During the later part of 2005, a decision
was made to use the funds in the Airport Sprinkler System project to fund
a contract with Parkhill, Smith & Cooper for the re -design of the Regis
project. As the funds in the Airport Sprinkler project are 100% associated
with the Regis project, it is more appropriate to move these funds to the
Regis project from an accounting and budgetary standpoint.
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4. Appropriate $206,348 from the fund balances list below for a mid -year
implementation of the compensation study that was completed by Waters
Consulting in 2005. The funds affected by the compensation study are
listed below:
General Fund
$150,818
Airport Fund
10,162
Internal Service Fund
3,568
Wastewater Fund
11,202
Solid Waste Fund
2,302
Stormwater Fund
2,637
Water Fund
25,659
Staff recommended approval of the first reading of this ordinance.
Jeff Yates, Chief Financial Officer, gave comments and answered questions
from Council.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Price to pass on first reading Ordinance No. 2006-00054 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
9:35 A. M. CITY COUNCIL RECESSED
9:45 A. M. CITY COUNCIL RECONVENED
3.1. Invocation by Pastor Eddie Marcum, Oakwood United Methodist
Church.
3.2. Pledge of Allegiance to the Flags.
Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
3.3. Presentation of a special recognition for Lubbock Christian School on
their victory at the 2006 Girl's 3A State Championship basketball game.
Mayor McDougal presented a special recognition to Lubbock Christian High
School Lady Eagles on their victory at the 2006 Girl's 3A State Basketball
Championship. The performance of the Lubbock Christian High School Lady
Eagles in the Texas Association of Private and Parochial Schools (TAPPS)
3A State Championship proved again that Lubbock and West Texas are
leaders in the world of women's basketball. The Lady Eagles advanced to the
State Championship by defeating the number one ranked team and defending
State Champions, Fort Worth Lake Country. Coach Hutch Haley, his staff,
and the Lady Eagles were present. Coach Haley gave comments and
presented Mayor McDougal with a basketball signed by the Lady Eagles.
3.4. Presentation of a special recognition for Trinity Christian School on their
victory at the 2006 Girl's 4A State Championship basketball game.
Mayor McDougal presented a special recognition to Trinity Christian High
School Lady Lions for the victory at the 2006 Girl's 4A State Basketball
Championship. The Trinity Christian High School Lady Lions are the Class
4A State Champions of the Texas Association of Private and Parochial
Schools (TAPPS), and this victory is the second consecutive state title blow-
out in the history of the Trinity Christian High School Lady Lions basketball
team. The Lady Lions memorable season also included defeating the seventh
ranked team in the nation, Fort Worth Dunbar, to win the championship
trophy at the prestigious Flower Mound Tournament for the second year in a
row. Coach Tory Bryant, his staff, and the Lady Lions were present. Coach
Bryant gave comments.
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3.5. Presentation of a special recognition honoring the Friends of the Library
organization and their contribution to City of Lubbock libraries.
Mayor McDougal presented a special recognition to honor the Friends of the
Library organization for the contribution to City of Lubbock libraries. The
mission of the Friends of the Library is to focus attention on our libraries and
to encourage the community to utilize as well as support the development of
library services and facilities. In 2005, Friends of the Library made a
significant contribution to the library system by holding a fund-raising event
that produced over $100,000 in funds for the Lubbock public libraries.
Friends of the Library were awarded the Louise Cummings Outstanding
Organization Award from the Volunteer Center of Lubbock as a result of
volunteering 7,000 hours of preparation for the 2005 book sale fundraiser.
Judy Rowdon, Beth George, and Library Director Jane Clausen were present.
Ms. George gave comments.
3.6. Presentation of a special recognition celebrating May 1st as "Law Day"
to promote the importance of liberty, justice, and equality.
This item was deleted.
6.2. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00055 Zone
Case No. 2556-C (2520 81st Street): Hold a public hearing to consider
request of David B. Winston for a zoning change from R-2 to CA Specific
Use for a Garden Office with a loft apartment on Lot 51 Gatewood
Addition, and to consider ordinance.
ORDINANCE NO.2006-00055
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2556-C; A ZONING CHANGE FROM R-2 TO CA
SPECIFIC USE FOR A GARDEN OFFICE WITH A LOFT APARTMENT ON LOT
51, GATEWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:02 a. in. No one appeared
on behalf of David B. Winston. No one appeared in opposition. Mayor
McDougal closed the hearing at 10:03 a. in.
The applicant is requesting a zone case that will be the end lot along 81 st
Street at Akron on the northeast corner of the intersection. The balance of the
block to the east is zoned for duplex construction and a business is to the
south across 81 st Street.
Adjacent land uses:
N — residential
S — commercial
E — vacant, zoned R-2
W — duplex construction
The applicant is requesting a seldom used district, the Commercial Apartment
District (CA), to accommodate an upstairs one -bedroom apartment for the use
of the business owner when he is in town. The applicant commutes between
Lubbock and Dallas and is in each city approximately 50% of each month on
business days.
Due to the apartment, the Specific Use permit is requested with the CA to
allow what would otherwise be a Garden Office request. The use of the
property would be tied to the site plan and the office/single small apartment
use.
Due to the fact that garden office is considered a buffer district, the same as
duplex zoning, the staff considers the request a "wash" with regard to land use
policy. The amount of traffic generated by a small office environment is
normally significantly less than a row of duplex development.
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The proposed office should not create any more traffic than a duplex with six
bedrooms and guests. All of the adjacent property owners retracted their
original letters of opposition.
The Planning Commission recommended that the request be approved by the
City Council.
FISCAL IMPACT
No fiscal impact anticipated.
The staff supports the recommendation of the Planning and Zoning
Commission.
Randy Henson, Senior Planner, gave comments and answered questions from
Council.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to pass on first reading Ordinance No. 2006-00055 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
6.3. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00056 Zone
Case No. 2984-C: Hold a public hearing to consider request of John A.
Sellers for a zoning change from R-1 and R-1 Specific Use to A-3 Limited
to a Retirement Community on 26.5 acres of unsubdivided property out
of Section 38, Block AK (south of 39th Street west of Milwaukee Avenue).
ORDINANCE NO.2006-00056
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2984-C; A ZONING CHANGE FROM R-1 AND R-1
SPECIFIC USE TO A-3 ZONING
OF UNSUIBDIDTO TO A VIDED PROPERTY RETIREMENT OUTOF
COMMUNITY, ON 26.5 ACRES
SECTION 38, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION. —
Mayor McDougal opened the public hearing at 10:02 a. m. No one appeared
on behalf of John A. Sellers. No one appeared in opposition. Mayor
McDougal closed the hearing at 10:03 a. in.
The applicant is requesting zoning to accommodate a senior living
community, including cottage complex areas, garden type homes, an assisted
living center, and a nursing home to make the area a complete cycle for aging
in place.
Adjacent land uses:
N — residential, vacant
S — railroad
E — industrial zoning and a public school
W — residential, vacant
The 26 acre parcel is located between 39th and 43rd in the planned
Milwaukee Ridge subdivision west of Milwaukee Avenue. Because of the
influence of the railroad, which has little traffic, the original plan was to back
a row of large lots eligible for horses to the railroad right of way. This
proposed use will create a landscape berm south of 43rd to help eliminate
some of the sight and noise of the railroad and create a campus style complex
for seniors. As a buffer for the single family residential to the north and the
awkward shape of the parcel created by the relocated railroad, this proposal
will create an asset for the aging population in our City and will be located to
potential large shopping areas.
The center will certainly not create any traffic related issues since Milwaukee
Avenue is in place as a thoroughfare.
The Planning and Zoning Commission approved the request subject to the
following condition:
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The A-3 zoning will be utilized in conjunction with a senior living center
including cottage/duplex style homes, a transitional living center, an assisted
living center, and a nursing home.
FISCAL IMPACT
No fiscal impact anticipated.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to pass on first reading Ordinance No. 2006-00056 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
6.4. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00057 Zone
Case No. 3058: Hold a public hearing to consider request of Lester
Shaver, for Estates Trust, Inc., for a zoning change from T to R-1 Specific
Use for residential estates on 212.763 acres of unsubdivided land located
in Sections 35 and 38, Block AK (50th Street east of Upland Avenue).
ORDINANCE NO.2006-00057
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK-MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3058; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR RESIDENTIAL ESTATES ON 212.763 ACRES OUT OF
SECTIONS 35 AND 38, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 10:03 a. m. No one appeared
on behalf of Estate Trust, Inc. No one appeared in opposition. Mayor
McDougal closed the hearing at 10:03 a. m.
The applicant is requesting Residential Estates zoning, which allows stock on
the property when a home exists on the property.
Adjacent land uses:
N — vacant, zoned "T"
S — vacant, zoned "T"
E — vacant, zoned "T"
W — vacant, zoned "T"
The owner developed 12 lots, along what will eventually be 50th Street, years
before the property was annexed into the City. In addition, he owns acreage to
the north and east of the parcels that have been subdivided by metes and
bounds into minimum five acre lots. Several owners have bought two parcels
for a total of ten acres. Deed restrictions allow stock on the lots. The City of
Lubbock annexed annexed the area in 2000. The owner is requesting that the
zoning be made compatible with the private deed restrictions that apply to the
property. The RE District was developed for exactly this style subdivision,
which includes large lots with the ability to have a maximum of four head of
stock (cows and/ or horses, with sheep and female goats counting as one-half
a head of stock) on a five acre tract.
The project will have no effect on the thoroughfare system. Mr. Shaver has
reserved a tract 110 feet wide down the middle of the development that is in a
trust, and will be available for dedication as 50th Street when the street is
installed to the east and this portion is needed to connect to Upland. Until that
point, he previously asked that the parcel remain as a private drive for use of
the residents only. At the present time, the public has no need of the
dedication of the right-of-way.
The Planning Commission recommended approval of the request by the City
Council.
FISCAL IMPACT
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No fiscal impact anticipated.
The staff supports the recommendation of the Planning and Zoning
Commission.
Randy Henson, Senior Planner, gave comments and answered questions from
Council. City Attorney Anita Burgess also answered questions from Council.
Mayor McDougal directed Mr. Henson and Rob Allison, Executive Director
of Development Services, to meet with the individual(s) in this zone case,
between first and second reading of this ordinance, and let them know what
the City's concern is. Council asked staff to ask Mr. Shaver if he would be
willing to move forward with dedicating the right-of-way. If he is, Council
can then address the pro rata.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to pass on first reading Ordinance No. 2006-00057 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
6.5. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00058 Zone
Case No. 922-D: Hold a public hearing to consider request of Joe
Menaldi to amend the current list of permitted uses by Ordinances 9298
and 10048 (both C-4 with conditions) to allow game rooms as a permitted
use on Lot 2B, Huneke Addition (5001 Avenue Q).
ORDINANCE NO.2006-00058
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 922-D; AMEND THE PERMITTED USES BY
ORDINANCES 9298 (BOTH C-4 WITH CONDITIONS)TO ALLOW GAME
ROOMS ON A C-4 TRACT ON LOT 2B, HUNEKE ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:02 a. in. No one appeared
on behalf of Joe Menaldi. No one appeared in opposition. Mayor McDougal
closed the hearing at 10:03 a. in.
The applicant is requesting that the current C-4 zoning be amended by adding
"game room" to the list of permitted uses.
Adjacent land uses:
N — commercial
S — commercial
E — public school, although the shopping center faces 50th and Avenue Q, the
portion allowed as a game room, if approved, would not be across the street
from the school.
W — commercial
When the prior zone case was presented as C-4, the former applicant
presented a list of strikes from the permitted use list of C-4. "Game room"
was one of those strikes. The current applicant is asking the use be added to
the approved list of uses in a shopping center already zoned C-4.
Since the advent of PS2, Gameboy, and other personal gaming systems,
juvenile game rooms have become substantially a thing of the past. In the last
five to ten years, the Planning Department is not aware of any complaints
about loitering and noise previously associated with game rooms. Most new
operations are now oriented for adult style video game participation.
The Planning and Zoning Commission approved the request subject to the
following condition:
1. The list of uses limited by Ordinance 9298 is amended by adding "game
room" and all other conditions in that ordinance shall continue.
FISCAL IMPACT
No fiscal impact anticipated.
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No returns indicate any public opposition. One adjacent business owner
indicates the fact that the KoKo Center is trying to expand the tenant base and
is in favor of this request.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to pass on first reading Ordinance No. 2006-00058 as
recommended by staff. Motion carried: 6 Ayes, 1 Nay. Mayor Pro Tem
Martin voted Nay.
6.6. Public Hearing 10:00 a.m. - Annexation: Hold a public hearing to
consider an annexation located in the vicinity of Erskine Avenue and
North Milwaukee Avenue 2,514 feet north/south and 1,171 feet east/west
(west of the area recently annexed for the senior living community) and
known as the Shadow Hills Estates annexation.
Mayor McDougal opened the public hearing at 10:16 a. in. No one appeared
on behalf of the annexation. No one appeared in opposition. Mayor
McDougal closed the hearing at 10:17 a. m.
The owner of a parcel north of Erskine and west of North Milwaukee has a
plat (Shadow Hills Estates) already approved in anticipation of annexation. To
comply with annexation policy of the Comprehensive Land Use Plan, staff is
asking Council to expand the area considered for annexation to include the
unoccupied southwest corner (1,171 feet by 660 feet from the section lines)
beyond the current 150 foot dimension that currently exists west of
Milwaukee and north of Erskine and a short stretch of North Milwaukee to
what will be the east right-of-way line (this request is a little longer north and
south than the senior living center annexation to the east).
The requested area and the staff -initiated additional requested area meets the
test of an exemption under State annexation law that would normally require
Lubbock to have a "rolling annexation plan". The exemption is one that
allows land areas that have fewer than 100 lots with 100 homes to be annexed.
All the land is vacant at the present time. Staff is of the opinion that this
portion of the community will become populated and the City should have the
full ten acre commercial policy area of each of the four corners, as well as the
right-of-way, within the City limits.
A color drawing is provided that outlines the area requested by Mr.
Betenbough as well as the area requested for inclusion by the staff.
FISCAL IMPACT
No fiscal impact is anticipated.
Planning Department staff plans to recommended annexation of the entire
area. This item involves City Council holding the second of two public
hearings. The first public hearing was held on April 18 and the proposed first
reading date for the ordinance is May 25, 2006.
6.7. Public Hearing - 10:00 a.m. - Annexation: Hold a public hearing to
consider an annexation located in the vicinity of 98th and Avenue P and
known as the Stonebridge Community annexation.
Mayor McDougal opened the public hearing at 10:18 a. in. No one appeared
on behalf of the annexation. William Bruce Wallace, Dale Ramsey, Chad
Ramsey, Ronnie Medley, Juanita Lara, and Karen Wallace appeared in
opposition. Mayor McDougal closed the hearing at 10:34 a. in.
The owner of a parcel of land south of Avenue 98th at 100th Street and west
of Avenue P has a plat (Stonebridge Community) already approved in
anticipation of annexation. To comply with annexation policy of the
Comprehensive Land Use Plan, staff is asking Council to expand the area
considered for annexation to include the unoccupied southeast corner (660
feet by 660 feet from the section line) and the northeast corner to be increased
up to the 660 foot east dimension (from the current 150 foot) and north to an
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Page 442
existing road (715 feet) to create a natural division line. The requested area
and the staff -initiated additional requested area meet the test of an exemption
under State annexation law that would normally require Lubbock to have a
"rolling annexation plan". The exemption is one that includes land areas that
have fewer than 100 lots with 100 homes to be annexed with no formal plan.
All the land is vacant at the present time except the businesses that are in the
extended northeast corner, who will remain nonconforming. Staff is of the
opinion that this portion of the community will become populated and the City
should have the full ten acre commercial policy area of each of the four
corners, as well as the right-of-way, within the City limits.
A color drawing is provided that outlines the area requested by Mr.
Betenbough as well as the area requested for inclusion by the staff.
FISCAL IMPACT
No fiscal impact is anticipated.
Planning Department staff plans to recommended annexation of the entire
area. This item involves City Council holding the second of two public
hearings. The first public hearing was held on April 18 and the proposed first
reading date for the ordinance is May 25, 2006.
Randy Henson, Senior Planner, and Anita Burgess, City Attorney, gave
comments and answered questions from Council.
10:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
1:02 P. M. CITY COUNCIL RECONVENED
Mayor McDougal and Council Members Boren and Price were
absent.
6.14. Transfer of Surplus Property Resolution - Fire Department/Emergence
Management: Resolution No. 2006-RO203 authorizing the transfer of a
surplus 1987 Mack fire truck to Garza County for fire protection at Lake
Alan Henry.
RESOLUTION NO.2006-RO203
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is herby authorized and directed
to execute for and on behalf of the City of Lubbock approval of an Application for
Eligibility to Receive City Surplus Property for the transfer of a Surplus 1987 Mack Fire
Truck, VIN#1M2H144C4HM001275, to Garza County to provide fire protection in and
around the area of Lake Alan Henry. The Fleet Manager of the City of Lubbock is
hereby authorized and directed to prepare and execute all necessary documents to transfer
title of said vehicle to Garza County. Said Application for Eligibility and associated
documents are attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
442
Regular City Council Meeting
April 26, 2006
Page 443
Passed by the City Council this 26th day of April, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson
Emergency Management Coordinator
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Application for Eligibility and associated documents is filed with
Resolution No. 2006-R0203.
Pursuant to City policy, City Council may authorize the transfer of surplus
and salvage property to other governmental agencies and to charitable and
civic organizations provided the organization provides public services that
will benefit all or a significant part of City of Lubbock.
This item involves the transfer of a surplus 1987 Mack fire truck,
VIN#1M2H144C4HM001257, to Garza County. The fire truck will be used
for fire protection primarily for the area in and around Lake Alan Henry,
which includes all public and private property adjacent to the lake. The truck
will be stored at a fire station currently under construction near the entrance to
the lake and will be operated by the Garza County Volunteer Fire Department.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
Mayor Pro Tern Martin gave a history of the Lake Alan Henry "Working
Group" and how the discussion came up on the fire situation in West Texas.
There was a lot of concern about potential fire damage, particularly the
vegetation that protects the watershed at the lake. The City of Lubbock was
about to surplus the 1987 Mack fire truck, which would have been put in an
auction and sold to a volunteer fire department. It was suggested that Garza
County should receive the fire truck through a provision of state law that
allows the City to transfer state property from one governmental entity to
another. This fire truck will be used at Lake Alan Henry. Garza County
Judge Giles Dalby was contacted, and he graciously accepted the offer. Judge
Dalby gave comments. Also present was Constable Daniel Yarbro, from Post,
Texas.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2006-R0203 as recommended by staff.
Motion carried: 4 Ayes, 0 Nays.
At this time, City Council members stepped outside to the front of the
building and presented the mock keys to Judge Dalby. Constable Yarbro then
drove the fire truck to Garza County.
443
Regular City Council Meeting
April 26, 2006
Page 444
1:15 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tem
Martin adjourned the meeting.
Read and approved this 26th day of January, 2007.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
444