HomeMy WebLinkAboutMinutes - City Council - Regular - 5/11/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
May 11, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the llth
day of May, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:30 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Jim Gilbreath, Council Member Phyllis Jones, Council
Member Floyd Price
Absent: No one
1. CITIZEN COMMENTS
I.I. Danny L. Ratliff will appear to discuss severance package of a former
City Manager, blowing sand from the construction of the Milwaukee
Ridge development, and City Council representation.
Citizen was not present.
1.2. Mary Gerlach, Gerald Jackson, Sindee Simon, Greg McKenna, John
Gibson, Tod Hardin, and Calvette Haggard will appear to discuss the
Burgess Rushing Tennis Center and the possibility of funding for
additional projects related to the Tennis Center.
Mary Gerlach, Sindee Simon, Greg McKenna, John Gibson, Tod Hardin, and
Calvette Haggard, all members of the tennis community in Lubbock,
addressed Council regarding the Burgess Rushing Tennis Center. Some of
their concerns included having all twelve courts at the Burgess Rushing
Tennis Center operable. At the present, only ten of the courts are being used.
Mr. McKenna pointed out that local winners of each league qualify for
sectional play, which in the past has been held at sites that were chosen by the
sectional leadership. The host cities were reaping the financial benefits of
those 600-700 participants and their spouses, workers, and United States
Tennis Association (USTA) members. The current system is now awarding
those sites to bids. To place a successful bid, there are certain criteria, and
one of those is to have twelve courts that are in excellent playable condition
all on one site, plus some indoor or covered courts. There is a concern for
upgrading the courts and expanding the master plan for the Center so that
National Junior and Texas Adult events can be hosted in Lubbock, which
would be a great economic plus. There was also a request for use of bond
money, current and future election, to do the expansion and make the
renovations.
Murray Coulter and Jean Lewis Koch also addressed Council about the
importance and benefits of upgrading and renovating the Burgess Rushing
Tennis Center.
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."
Regular City Council Meeting
May 11, 2006
Page 446
7:47 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,
Right -of -Way, 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 (Civic Centers, Parks and Recreation, 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 551.086, on the following competitive matters (Electric
Utilities):
2.4.1 to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.4.2 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;
2.4.3 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.
9:30 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tem Tom Martin; Council
Member Gary O. Boren; Council Member 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: No one
Mayor McDougal reconvened the meeting at 9:30 A. M.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Pastor Jerry Ramirez, Associate Pastor for Student
Activities, Oakwood Baptist Church.
Pastor Ramirez was unable to attend, so invocation was led by Council
Member Price.
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. Board Recognition - City Secretary.
Building Board of Appeals:
George Carpenter
Junked Vehicle Compliance Board:
Dan Hale — unable to attend
3.4. This item was considered following Item 3.5.
3.5. This item was considered following Item 3.7.
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3.6. Presentation of a special recognition to honor the students of Preston
Smith Elementary School and Murfee Elementary School who were
chosen to participate in the Organization of American Kodaly Educators
National Children's Choir.
Mayor McDougal presented a special recognition to honor the students of
Preston Smith Elementary School and Murfee Elementary School who were
chosen to participate in the Organization of American Kodaly Educators
National Children's Choir. Preston Smith and Murfee Elementary School's
4th, 5th, and 6th grade students auditioned for the choir and out of 100
students chosen for this prestigious choir, eight vocally -endowed students
were chosen from Murfee Elementary School, and fifteen elite singers where
chosen from Preston Smith Elementary School. Students from both
elementary schools were present to accept the special recognition.
By request, Dr. Gerald Coulter from the Texas Tech University Music Theater
joined the group and led them in singing "Happy Birthday" to Mayor
McDougal.
3.7. Presentation to Lubbock City Council by Texas Tech University students.
Dr. Gerald Coulter and several students from Texas Tech University presented
the Lubbock City Council with their rendition of `O Lord, Look What Thou
Hast Done'. The song was written back in 1970 by a senior citizen of
Lubbock, Dr. A.E. "Gene" Quest, and is now a part of Southwest Collections
at Texas Tech University. Dr. Coulter stated that, at some point down the
road, we would like for the City to consider naming this song the official song
of the City of Lubbock. Dr. Coulter also gave comments.
3.5. Presentation of a special recognition to congratulate Dr. Juan Sanchez
Munoz for his recent appointment by Governor Rick Perr`• to serve on
the Texas Youth Commission.
Mayor McDougal presented a special recognition to congratulate Dr. Juan
Sanchez Munoz for his recent appointment by Governor Rick Perry to serve
-- on the Texas Youth Commission. The Texas Youth Commission provides a
variety of services to delinquent and misguided youth, ages 10 through 21,
through programs and facilities that administer constructive training through
rehabilitation. Governor Rick Perry appointed Dr. Juan Sanchez Munoz to
serve on the Youth Commission Board because of his extensive education,
intense work ethic, and community -oriented background. Dr. Munoz's
involvement includes the American Education Research Association, Lubbock
Boys and Girls Clubs, and the Boy Scouts of America South Plains Council.
3.4. Presentation of a special recognition kicking off the 14th Annual Food
Drive held by the National Letter Carriers.
Mayor McDougal presented a special recognition to kick off the 14th Annual
Food Drive held by the Lubbock Branch of the National Association of Letter
Carriers. On Saturday, May 13, 2006, the National Association of Letter
Carriers will kick off the Annual Food Drive, an event which has collected
more than one billion pounds of food nationwide since it began 14 years ago.
The Lubbock Branch asks Lubbock citizens to place nonperishable food items
in bags beside the residential mailboxes any day between May 13 — May 20 as
a donation to the South Plains Food Bank. Cities who participate in the
Annual Food Drive not only help the Lubbock community, but also enable the
Food Bank to help feed children who normally participate in the schools' free
breakfast and lunch programs during the summer months. Charles Peterman,
Coordinator, and Ted Tyler, Postmaster, were present to accept the special
recognition.
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4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
April 13, 2006; Special City Council Meeting, April 13, 2006; Special City
Council Meeting, April 18, 2006.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to approve the minutes of the Regular City Council Meeting, April
13, 2006; Special City Council Meeting of April 13, 2006; and the Special
City Council Meeting of April 18, 2006 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5. CONSENT AGENDA (Items 5.1, 5.4-5.24)
Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to
approve Items 5.1, 5.4-5.24 on consent agenda as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
Council Member Gilbreath recused on Item 5.20. Motion carried: 6 Ayes, 0 Nays.
5.1. Budget Ordinance 2nd Reading - Finance: Ordinance No. 2006-00054
Consider budget ordinance amendment #16 amending the FY 2005-06
budget respecting the Airport Fund, Capital Improvement Program,
General Fund, Grant Funds, Internal Service Fund, Solid Waste Fund,
Stormwater Fund, Wastewater Fund, and Water Fund.
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 ages 1 through 18. There
are no City match funds required. Meals will be served at the following
locations:
Rawlings Community Center
Trejo Supercenter
Simmons Community Center
George Woods Center
Phea Branch of the Boys and Girls Club
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.
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:
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Airport Fund
10,162
General Fund
$150,818
Internal Service Fund
3,568
Solid Waste Fund
2,302
Stormwater Fund
2,637
Wastewater Fund
11,202
Water Fund
25,659
FISCAL IMPACT
Included in Item Summary.
Staff recommended approval of the second reading of this ordinance.
5.2. Building Code Ordinance 2nd Reading - Building Inspection: Ordinance
No. 2006-00050 Consider an ordinance amending Chapter 6, Article II
of the Code of Ordinances titled "Building Code" to amend the 2003
International Building Code with regard to required fire suppression
systems in Group R occupancies.
This item was deleted.
5.3. Fire Code Ordinance 2nd Reading - Fire Department: Ordinance No.
2006-00051 Consider an ordinance amending Code of Ordinances,
Chapter 11, Article III, Section 11-84, Fire Code, to amend the 2003
International Fire Code with regard to required fire suppression systems
in certain Group R occupancies.
This item was deleted.
5.4. Repealing of Ordinance Ordinance 2nd Reading - City Secretary:
Ordinance No. 2006-00053 Consider 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.
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.
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 second reading of this ordinance.
5.5. Zone Case No. 2556-C (2520 81st Street) Ordinance 2nd Reading -
Planning: Ordinance No. 2006-00055 Consider the 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.
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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.
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, 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.
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 is anticipated.
The staff supports the recommendation of the Planning and Zoning
Commission.
5.6. Zone Case No. 2984-C (south of 39th Street west of Milwaukee Avenue)
Ordinance 2nd Reading - Planning: Ordinance No. 2006-00056
Consider the 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 LIMITED TO TO A RETIREMENT
COMMUNITY, ON 26.5 ACRES OF UNSUBDIVIDED PROPERTY OUT OF
SECTION 38, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
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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 Street and 43rd Street 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 Street 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 that 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:
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.
5.7. Grant Application Resolution - Water Utilities: Resolution No.
2006-RO204 approving an application by the City of Lubbock Water
Utility for an Environmental Protection Agency grant and ratifying the
execution and delivery of the grant application.
RESOLUTION NO.2006-RO204
WHEREAS, pursuant to that certain Application FY2005 EPA -Special Projects
Grant, Lake Alan Henry Water Transmission and Treatment System Preliminary
Engineering Study (the "Grant Application"), the City of Lubbock has applied for a grant
from the Environmental Protection Agency (the "EPA") to defray costs related to certain
engineering services;
WHEREAS, due to time constraints regarding the Grant Application, the Mayor
of the City of Lubbock executed all applicable documents regarding the Grant
Application and forwarded same to the EPA;
WHEREAS, although the Mayor may possess the authority to execute the Grant
Application, the City Council of the City of Lubbock, for the sake of certainty, now
desires to ratify the execution and delivery of the Grant Application, and all related
documents, by the Mayor of the City of Lubbock.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby adopt, confirm and
ratify the Grant Application, attached hereto as Exhibit "A", and any and all other related
documents, as well as the delivery of same to the EPA, the same as if the City Council of
the City of Lubbock had originally executed such documents as of the date set forth
thereon.
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Passed by the City Council this 11 th day of May 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas L. Adams
Tom Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2006-R0204.
The City of Lubbock received notice on March 30, 2005, that the
Environmental Protection Agency (EPA) has approved funding for a
comprehensive water and wastewater study. The City has worked with federal
legislators during the prior year to secure funding for water related studies and
projects.
In 2003, the City created the Lubbock Water Advisory Commission to assist
with water issues. In May 2004, Water Texas of Austin, Texas completed an
important study for a 100-year water supply plan for the City. By October
2005, the Lubbock Water Advisory Commission and City Council approved a
Water Planning Statement that identified the major alternatives and priorities
to provide a 100-year water supply plan for Lubbock. By December 2005, the
Region O Water Planning Group had approved Lubbock's key strategies as
part of their plan. On April 18, 2006, the Texas Water Development Board
adopted the Region O water supply plan including Lubbock's proposed
strategies.
As a result of these efforts, the City of Lubbock has been able to identify the
water planning projects and issues that need to be studied. The development
of a water transmission and treatment system for Lake Alan Henry is included
in the planning documents. The Lubbock Water Advisory Commission has
recommended the completion of this preliminary engineering and the City
Council has authorized financing. Since this project is a priority, and since it
meets EPA grant requirements, the application for the EPA grant was
prepared with this project in mind.
The proposed project will include the following major tasks:
1. Analysis of Regional Capacity Requirements
2. Water Treatment Plant and Raw Water Pump Stations Siting Analysis
3. Transmission Line Route Study
4. Conceptual Design of Lake Alan Henry Water Transmission and
Treatment System
5. Preparation of Preliminary Engineering Report
The City was recently notified by an EPA official that the due date for this
grant would be May 1, 2006, instead of August 2006 as previously
understood. The application was sent to the EPA to meet the deadline and now
staff is requesting City Council approval validating that action.
The entire Lake Alan Henry Water Transmission and Treatment System
project could take from eight to ten years. In order to reduce this time by half
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or more, the preliminary engineering for this project needs to be competed and
the property and right-of-way for the project needs to be purchased. The
remaining steps include final design and constriction. Planning estimates
indicate that the entire project may need to be completed sometime between
2013 and 2018, so it is important to complete this preliminary work, which is
time consuming but relatively inexpensive. It is anticipated that Lake Alan
Henry can provide about 22,500 acre feet of water annually, which is more
than half the amount of water Lubbock currently uses. The permit allows
water use up to 35,000 acre feet annually.
FISCAL IMPACT
The project budget is planned at $350,000 with $198,400 coming from the
EPA grant and $151,600, or 43.3%, coming from City funds. This will meet
the required five percent match.
The City Council has previously authorized financing and budget authority for
the Lake Alan Henry Preliminary Engineering project and for the EPA grant
funds. Adequate funding is in place to complete the planned project. A final
project cost will be determined when the City negotiates with the successful
engineering firm. The final contract between the City of Lubbock and the
engineering firm will be presented for Council approval.
A second EPA grant application is scheduled for your consideration at the
second Council meeting in May. That grant is for $769,800 and requires a
45% match of $629,837. Financing and budget authority for this project have
also been authorized.
The Lubbock Water Advisory Commission has recommended that the Lake
Alan Henry preliminary engineering project be completed. They will also
consider a recommendation on the EPA grant application on May 4, 2006.
Staff recommended approval of the resolution. Staff recommended the
completion of the preliminary engineering for Lake Alan Henry before the
purchase of property and right-of-way for the project in order to move this
project forward and to help ensure that Lubbock has adequate water to meet
its future water supply needs.
5.8• Authorization Resolution - Parks and Recreation: Resolution No.
2006-RO205 authorizing a temporary overnight camping area in Kastman
Park on Saturday, June 24, 2006, for Field Day to be held on June 24-25,
2006, by the Lubbock Amateur Radio Club.
RESOLUTION NO.2006-RO205
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City Council of the City of Lubbock hereby authorize a temporary
overnight camping area in Kastman Park on Saturday, June 24, 2006, for Field Day to be
held on June 24 - 25, 2006 by the Lubbock Amateur Radio Club, as set forth in Exhibit
"A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully
copied herein in detail.
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Passed by the City Council this 11 th day of May, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Craig Wuensche
Park Operations Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims
Assistant City Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2006-R0205.
Lubbock Amateur Radio Club is requesting permission to set up and operate
an amateur radio station in KastmanRadio
ark on Saturday through Sunday
d o Relay League (ARRL) sponsors
afternoon, June 24-25, 2006. American
Field Day, which for years has been an annual outing held on the fourth full
weekend in June. The purpose of Field Day is to contact as many stations as
possible on most amateur bands to learn how to operate in abnormal situations
. um is lceevping skills to
in less than optimal conditions. A prTe larednessa as welldas aqua. ing the
meet the challenges of emergency p p
general public with the capabilities of amateur radio.
Lubbock amateurs have participated in Field Day for several years. A tent,
tables, antennas, and equipment will be set up during Saturday morning.
Amateurs will begin operating radios around noon on Saturday and operate
continuously all Saturday night through Sunday afternoon. A small suitcase -
sized motor -driven generator or solar cells and batteries are used for power.
The generator and radios are very quiet and should not disturb neighbors.
The public is invited to attend, observe, and operate amateur radios during this
event. Amateurs contact a few hundred
enter the exchangerin radio logsthat stations
worldwide, exchange information, thais
submitted to ARRL. The exercise provides an opportunity to practice
operating an effective amateur radio station under emergency conditions as
one would in a weather -related, or other type disaster such as Katrina, when
cell phones and other radio communicationsare
afternole. onAwph only ta few
y 25
participants will attend the event o Y
people staying overnight.
FISCAL IMPACT
No fiscal impact anticipated.
s and Recreation Advisory Board approved
On April 25, 2006, the Park
recommendation of this request to City Council.
Staff recommended approval of this resolution.
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5.9. Sale of Property Resolution - Community Development: Resolution No.
2006-RO206 approving the sale of two vacant lots by the Urban Renewal
Agency to Abraham Thomas for $800 on Parcels 78990-57-9 and
78990-57-10 at 2632 and 2634 Hickory Avenue, legally described as lots
Nine (9) and Ten (10), Sieber Subdivision of 13lock Fifty Seven (57),
Wheelock's Second Addition to the City of Lubbock, Lubbock County,
Texas.
RESOLUTION NO.2006-RO206
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve the price and
conditions of sale by the Urban Renewal Agency to Abraham Thomas for Parcels
Number 78990-57-9 and 78990-57-10 at 2632 and 2634 Hickory Avenue legally
described as Lots Nine (9) and Ten (10), Sieber Subdivision of Block Fifty -Seven (57),
Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas.
Passed by the City Council this 1 Ith day of May, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy Sims, Assistant City Attorney
This is a routine sale of two vacant lots by the Urban Renewal Agency to
Abraham Thomas for $800. The property is to be developed with two new
1,144 square feet single family residences valued at approximately $70,000
each. The lots are properly zoned for residential development.
In 1996, there was an environmental concern by PYCO Industries, Inc.,
formerly known as the Plains Co-operative Oil Mill, in this area east of Globe
Avenue and southwest of Southeast Drive, Coronado Drive, and south of East
26th Street. There were, and still are, 42 Urban Renewal parcels of vacant
land in this area with 38 being residential lots. At that time, a previous bidder
had proposed to construct 38 single family residences, but later requested that
the bid be canceled. The Plains Co-op expressed concern about the wind drift
from the Co-op and the possibility of complaints by the new residents
regarding air quality. There were rumors that Plains Co-op would relocate to
another area outside Lubbock if residential development continued.
Consequently, the recommendation by the Urban Renewal Agency Board in
1996 was that any interested bidder be informed of the environmental
concerns and that each bid be reviewed and accepted on a case -by -case basis
with final approval of the sale left up to City Council.
In addition, the lots are no longer listed on the Urban Renewal Inventory list
that is distributed to the public. However, developers or individuals can still
find out the ownership through the Lubbock Central Appraisal District and
contact Community Development regarding these lots.
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This is the first bid on these lots since 1996. Mr. Thomas has expressed
interest in developing additional lots in this area. It is a violation of Urban
Renewal Law to refuse to sell or not allow a bid to anyone who meets the
current requirements.
FISCAL IMPACT
The sale and development will place the property back on the tax rolls under
private ownership and eliminate the weed mowing expense.
The Urban Renewal Board of Commissioners approved the proposed sale on
March 21, 2006.
Staff recommended approval of this resolution.
5.10. Lease Agreement Resolution - Right -of -Way: Resolution No. 2006-RO207
authorizing the Mayor to execute a lease with South Beach Club and
Lounge, a/k/a BEGO Enterprises L.L.C., for the use of a city parking lot
located at 1910 Texas Avenue.
RESOLUTION NO.2006-RO207
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Lease between the City of
Lubbock and South Beach Club and Lounge, a/k/a BEGO Enterprises L.L.C., and related
documents. Said Lease 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 11 th day of May, 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/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Lease is filed with Resolution No. 2006-R0207.
South Beach Club and Lounge, located at 1816 Avenue G, leased 105 parking
spaces of the City's Health Department parking lot at the southwest corner of
19th Street and Texas Avenue beginning April 22, 2004, for a period of two
years. The owner has requested another lease for the next two years in order
for his business to have additional parking for customers of the club.
Additional parking is required during the evening and nighttime hours in order
for the club to comply with zoning requirements. The City will receive
$157.50 per month, calculated as follows: $15 per space (typically monthly
downtown parking lot space rental rate) x 105 spaces = $1,575 a month.
Parking will occur on these spaces only 12 days of the month (40%) and they
will only be leased 6 hours a day (25%) maximum. Therefore, $1,575 x 40% x
25% = $157.50 due the City per month.
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FISCAL IMPACT
Monthly revenue of $157.50 to the General Fund.
Staff recommended approval of this resolution.
5.11. Lease Agreement Resolution - Water Utilities: Resolution No.
2006-RO208 authorizing the Mayor to execute a lease with the Lake Alan
Henry Water District for the right to use raw water from Lake Alan
Henry.
RESOLUTION NO.2006-RO208
WHEREAS, by Resolution No. 2004-RO258 (the "Prior Resolution"), dated on or
about May 25, 2004, the City Council of the City of Lubbock approved that certain Raw
Water Lease by and between the City of Lubbock and the Lake Alan Henry Water
District (the "District");
WHEREAS, the District refused to execute the Raw Water Lease approved by the
City of Lubbock, as evidenced by the Prior Resolution;
WHEREAS, certain changes were made to the Raw Water Lease, and the District
has now agreed to and executed such Raw Water Lease;
WHEREAS, the City now desires to withdraw the Prior Resolution and replace it
herewith.
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 Raw Water Lease by and
between the City of Lubbock and the Lake Alan Henry Water District, and all related
documents. Said Raw Water Lease is attached hereto and incorporated in this Resolution
as if fully set forth herein and shall be included in the minutes of the Council.
BE IT FURTHER RESOLVED THAT the Prior Resolution is hereby withdrawn
and repealed and replaced for all intents and purposes with this Resolution No. 2006-
R0208.
Passed by the City Council this 1 Ith day of May 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas L. Adams
Tom Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Raw Water Lease is filed with Resolution No. 2006-R0208.
The City of Lubbock has been negotiating a raw water lease with the Lake
Alan Henry Water District (LAHWD) for several years. Recently, Senator
help resolve any remaining issues and this
Duncan met with both groups to
item is a result of that effort.
Lease highlights are as follows:
1. Water to be provided is limited to a maximum of 500 acre-feet per annum.
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2. Use of water is limited to retail water service and municipal uses only.
3. Term of lease is 20 years.
4. Lease payment is $567.53 per acre-foot.
5. Once an amount is requested, the contract requires a take or pay
arrangement.
6. City of Lubbock will meter water use.
7. The Water District is responsible for their own facilities to draw water
from Lake Alan Henry.
8. Compliance with restrictive easement is required for customers.
9. Drought provisions are included.
10. Planned water need is shown in Exhibit C with 5 acre-feet in year one, 10
acre-feet in year two, 15 acre-feet in year three, 20 acre-feet in year four,
and 25 acre-feet thereafter.
This lease was provided to LAHWD for their signature. The City received a
letter from LAHWD requesting to proceed with the lease.
FISCAL IMPACT
The City will receive $567.53 for each acre-foot of water used. During the
first year of the lease, revenue is projected to be $2,838 for 5 acre-feet of
water. In year five of the lease, the revenue is projected to be $14,188 for 25
acre-feet of water. If the total amount of water available under the contract is
requested, total revenue could be $283,765 for 500 acre-feet of water.
Staff recommended approval of this resolution.
5.12. Right -of -Way Ordinance 1st Reading - Right -of -Way: Ordinance No.
2006-00059 abandoning and closing a portion of a private access,
drainage, underground utility, and emergency access easement located in
Tract A, Cascada Professional Office Park Addition to the Citv of
Lubbock, easement closure located at 6102 82nd Street.
ORDINANCE NO.2006-00059
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A
PRIVATE ACCESS, DRAINAGE, UNDERGROUND UTILITY, AND EMERGENCY
ACCESS EASEMENT LOCATED IN TRACT A, CASCADA PROFESSIONAL
OFFICE PARK, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 57.50-foot by 35.73-foot portion of a
private access, drainage, underground utility, and emergency access easement
located north of 82nd Street and west of Iola Avenue that was dedicated in
Tract A, Cascada Professional Office Park Addition. The original developer is
requesting this closure for building purposes.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of the first reading of this ordinance.
5.13. Monitor Well Permit Resolution - Right -of -Way: Resolution No.
2006-RO209 authorizing the Mayor to execute a street use license and/or
city public grounds Monitor Well Permit with Daniel B. Stephens and
Associates, Inc. for an alley right-of-way monitor well located at 809
University Avenue.
RESOLUTION NO.2006-RO209
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or
City Public Grounds Monitor Well Permit with associated documents, by and between
the City of Lubbock and Daniel B. Stephens & Associates, Inc. Said Agreement is
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Page 459
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 1 Ith day of May, 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 L. Chamales
Senior Attorney/Office Practice Section
A copy of the Agreement is filed with Resolution No. 2006-R0209.
This Monitor Well Permit will allow Daniel B. Stephens and Associates, Inc.
to drill a ground water monitor well just east of University Avenue and south
of Glenna Goodacre Boulevard in the east -west alley. The adjacent property
owner, Matthew Malouf, has provided the City written approval to allow the
contractor to place the monitor well on the south side of his property in the
alley. The former gas station property located at 811 University Avenue had a
leaking underground fuel tank and the TNRCC requested that the owner go
off site with a monitor well in addition to what they have already drilled on
their property. This permit is for 20 years, payable every five years in
advance. All utilities are in agreement and the City will receive $100 annually
for this monitor well location.
FISCAL IMPACT
Annual revenue of $100 to the General Fund.
Staff recommended approval of this resolution.
5.14. Settlement of Claim Resolution - Right -of -Way: Resolution No.
2006-RO210 authorizing the Right -of -Way Department to make an offer
to Doug Wuensche and Penny Wuensche for a 2005 crop damage
settlement in conjunction with the South Lubbock Drainage
Improvement Project on farmland located in Section 5, Block S, Lubbock
County, farm located at 82nd Street and Guava Avenue.
RESOLUTION NO.2006-RO210
WHEREAS, in May of 2003, the City of Lubbock obtained a permanent storm
water pipeline easement and working easement out of Section 5 Block S, Lubbock
County, Texas, from the Texas Department of Criminal Justice to install a storm water
pipe line for the South Lubbock Drainage Improvement Project. Said easement is
recorded in Volume 8348, Page 237 of the Official Public Records of Lubbock County,
Texas; and
WHEREAS, Doug and Penny Wuensche, who lease and farm a portion of Section
5, Block S, Lubbock County have filed a claim for crop damage losses during the 2005
crop year in the above described easement parcel; and
WHEREAS, the City desires to make an offer in settlement of said claim; NOW
THEREFORE:
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the owners of the above -described interest in land, Doug and Penny
Wuensche, BE offered through the Right -of -Way Department of the City of Lubbock, the
sum of $13,329.01, which is the amount appraised as the cost of crop damages for the
crop year 2005, including all legal obligations attached thereto, in settlement of their
claim with regard to the easement recorded in Volume 8348, Page 237 of the Official
Public Records of Lubbock County, Texas.
Passed by the City Council this 1 Ith day of May, 2006.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Senior Attorney/Office Practice
The City of Lubbock acquired a permanent and working easement in 2003
from the Texas Department of Criminal Justice (TDCJ) for the purpose of
installing a section of the storm water line for the South Lubbock Drainage
Improvement Project. This easement runs north to south along the west edge
of TDCJ property. In 2005, the City's contractor installed the stormwater line
in the 30-foot easement area and utilized the 100-foot wide working easement
for construction. Doug and Penny Wuensche are the tenant farmers for the
TDCJ, and their farming operations on this tract of land were interrupted
while the storm water line was installed.
Typically, the City pays crop damages to a tenant farmer when utility
installations are involved and damages to their crop occur. When this project
began, the Right -of -Way Department contacted the farmers involved and let
them know that crop damage issues would be addressed.
A few weeks ago, the Wuensches submitted a $55,665 claim for crop damages
caused by the installation of the City's storm water line. The claim included
$4,448 for actual loss to the peanuts they had planted on one circular system
tract; $20,256 for damages on the same peanut crop tract due to loss of
irrigation capability, damaged pipe line, and electricity; $4,857 for actual
cotton crop loss on the circular system south of the peanut crop tract; $19,504
for damages on the cotton crop tract due to lack of water, electricity, and
damaged pipeline; and $6,600 for damages to another peanut circular
irrigation tract east of the cotton tract due to the lack of water and electricity.
The Right -of -Way Department questioned the majority of these damages and
proceeded to conduct their own damage study to determine a reasonable crop
damage payment offer. The Right -of -Way Department visited with
representatives from Lubbock Power & Light and South Plains Electric Coop
(SPEC) who stated that they quickly repaired any electrical outages to the
Wuensches and SPEC even brought out a portable electrical generator to serve
as an irrigation system. Staff visited with the contractor who installed the line
and he said that they immediately repaired any line damages and remembered
that the farmer was able to keep farming operation intact. Staff also visited
with the Farm Service Agency regarding yields and prices and with two
peanut harvesting warehouses regarding prices and production.
Considering all of this research, the Right -of -Way Department recommended
the following counter offer:
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Page 461
Actual production costs:
Pivot #1 - 5.321 acres in working easement and permanent easement. 5.321
acres multiplied by 4,203 lbs per acre (FSA figure) = 22,364.16 lbs, divided
by 2,000 lbs = 11.18 tons, multiplied by $376 (peanut price per pound, from
warehouse for 2005 crop year) = $4,203.68
Pivot #2 - 7.861 acres multiplied by 882 lbs per acre production (FSA figure)
= 6,933 lbs, multiplied by $0.60 per pound (top of range figure) = $4,160.04
Damages to production:
It is possible that a reduction in crop production on the two pivots may have
occurred because, during the construction, the pivot could not have made a
complete circle and some of the crop acreage area may not have been watered
enough. It is also possible that the end sections of the sprinkler could have
been taken off and that probably was not done. Nevertheless, some payment
must be made for the crop loss.
Therefore:
Pivot # 1 - 12.88 acres had a 25% loss (probably a worse case scenario). Crop
production was 4,203 lbs per acre and a loss of 25% would be 1,051 lbs.
Payment for that would be: 1,051 lbs multiplied by 12.88 acres = 13,536.88
lbs, divided by 2,000 lbs = 6.77 tons, multiplied by $376 = $2,545.52
Pivot # 2 - 18.29 acres had a 25% loss, same as above. Crop production was
882 lbs per acre and a loss of 25% would be 220.5 lbs per acre. Payment for
that would be 220.5 lbs multiplied by 18.29 acres = 4,032.95 lbs, multiplied
by $0.60 per pound = $2,419.77
Therefore, the total proposed counteroffer to the Wuensches is $13,329.
FISCAL IMPACT
$13,329 funded from the South Lubbock Drainage Improvement Project.
Staff recommended approval of this resolution.
5.15. Property Offer Resolution - Right -of -Way: Resolution No. 2006-RO211
authorizing the Right -of -Way Department to make an offer to the State
of Texas for a 0.92 acre tract of land in Section 36, Block A-K, Lubbock
County, Texas for park conversion property in conjunction with the
Milwaukee Avenue Widening Project, 34th Street to 92nd Street,
property located at 6002 Spur 327.
RESOLUTION NO.2006-RO211
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for the Milwaukee Avenue widening
project from 34` Street to 92°d Street; and
WHEREAS, the City Council of said City finds it in the public interest and for
public purposes and municipal purposes to proceed with the acquisition of lands as
needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple interest to the tract of land further described
in the attached Exhibit "A", be acquired for public purposes and municipal purposes as
set forth in the preamble hereof.
SECTION 2. THAT the owner of said tract, being the State of Texas, BE
offered through the Right -of -Way Department of the City of Lubbock the amount of
$20,000.00, which is the amount appraised as the value and total damages for the fee
simple interest, for the use & benefit of the City of Lubbock, Texas, for the purposes
herein stated; and
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Passed by the City Council this 11 th day of May, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
A copy of the Exhibit "A" is filed with Resolution No. 2006-RO211.
McAlister Park was acquired around 1984 using State funds. Any change or
use of park property purchased with State funds must be approved by Texas
Parks and Wildlife Department (TP&W). This often requires the acquisition
of additional property to offset the change in use in what is known as a
conversion process. In 2003, the City of Lubbock acquired 5.82 acres of land
at the southeast corner of McAlister Park from a private landowner as part of
the conversion of the land needed to dedicate Milwaukee Avenue across
McAlister Park from the Brownfield Highway (US 62-82) southward to Spur
327.
In the engineering and planning stages for the construction of Milwaukee
Avenue from 34th Street to 92nd Street, 0.26 acres of additional park land was
needed for a southbound Milwaukee Avenue at Spur 327 right-hand turn lane
and a small portion of land along the east side of Milwaukee Avenue. This
change of use from park property to street dedication requires another
conversion process. An excess street stub for Iola Avenue east of Milwaukee
Avenue along the north side of Spur 327 is not needed by Texas Department
of Transportation (TXDOT) and TP&W has agreed to accept this 0.92 acre
tract of land as the land needed for conversion. TXDOT requires the City to
pay the appraised value for this tract and Tommy Cantrell, M.A.I. appraised
this property at $0.50 per square foot for a total of $20,000, which is the City's
offer to the State of Texas.
FISCAL IMPACT
An expense of $20,000 from the Milwaukee Avenue Widening Project is
budgeted and available for the offer.
Staff recommended approval of this resolution.
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5.16. Property Offer Resolution - Right -of -Way: Resolution No. 2006-RO212
authorizing the Right -of -Way Department to make an offer to Giles
Dalby, The Arno R. Dalby Trust, and Northwood Institute, Midland
Michigan for a residential lot in the Phyllis Wheatley Addition to the City
of Lubbock, property located at 3605 Ute Avenue.
RESOLUTION NO.2006-RO212
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit; for development purposes, and the
City Council of said City finds it in the public interest and for public purposes and
municipal purposes to proceed with the acquisition of land as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate of the following
described parcel of land located in the Phyllis Wheatley Addition to the City of Lubbock,
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set
forth in the preamble hereof, to -wit:
BLOCK LOT OWNER'S NAME AMOUNT
6 3 Giles Dalby, The arno R. Dalby Trust and Northwood $ 500.00
Institute, Midland Michigan
SECTION 2. THAT the above -described parcel of land whose acquisition is
herein authorized is described in this Resolution.
SECTION 3. THAT the owner of the above -described parcel of land BE offered
through the Right -of -Way Department of the City of Lubbock the amount hereinabove
indicated for the parcel, which is the amount appraised as the value and total damages for
the fee simple title and acquisition of the surface estate of said real estate, for the use and
benefit of the City of Lubbock, Texas, for the purposes herein stated.
Passed by the City Council this 1 Ith day of May, 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 L. Chamales
Senior Attorney/Office Practice Section
The City of Lubbock is in the initial stages of acquiring properties as they
become available for the purpose of economic development in the Phyllis
Wheatley Addition. This addition has been vacant for nearly 20 years and is
located south of the City of Lubbock Cemetery, east of Martin Luther King,
Jr. Boulevard, north of East 37th Street, and bounded on the east by the City
of Lubbock's waste water treatment plant. This resolution authorizes the
Right -of -Way Department to make an offer to Giles Dalby, The Arno R.
Dalby Trust and Northwood Institute, Midland Michigan for Lot 3, Block 6 of
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the Phyllis Wheatley Addition. Shaw Wofford appraised this property for a
value of $500 which is the City's offer to Giles Dalby, The Arno R. Dalby
Trust, and Northwood Institute, Midland Michigan.
FISCAL IMPACT
$500 from Economic Development and Acquisition of Property account.
Lubbock Economic Development Alliance will reimburse the City for these
costs.
Staff recommended approval of this resolution.
5.17. Street Use License Resolution - Right -of -Way: Resolution No.
2006-RO213 authorizing the Mayor to execute a street use license with
Texland Petroleum, L.P. for the use of a dedicated street to construct and
maintain underground flow lines for secondary recovery operations for
oil production, license to be located at 4020 Mesa Road.
RESOLUTION NO. 2006-RO213
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Street Use License for
underground flow lines, by and between the City of Lubbock and Texland Petroleum,
L.P., 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 Council.
Passed by the City Council this I Ith day of May, 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 L. Chamales
Senior Attorney/Office Practice Section
A copy of the License is filed with Resolution No. 2006-R0213.
This license was originally issued to Texland Petroleum, Inc. on May 14,
1981, to construct and maintain petroleum flow lines that cross Mesa Road
approximately 590 feet north of the intersection of Kent Street and Mesa Road
in the Lubbock Country Club Addition area. The licensee has requested to
renew this license for an additional 20 years. The payment for this license is
$50 annually for twenty years, payable every five years in advance, or $250
for each five-year period.
FISCAL IMPACT
Annual revenue of $50 to the General Fund.
Staff recommended approval of this resolution.
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5.18. Purchase of Property Resolution - Right -of -Way: Resolution No.
2006-RO214 authorizing the Mayor to execute a contract of sale with the
Most Reverend Placido Rodriguez, Bishop of the Roman Catholic Diocese
of Lubbock, Texas, for the purchase of Lots 12-16, Block 5, Richmond
Second Addition, property located at 123 North Avenue S.
RESOLUTION NO.2006-RO214
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 of Sale by and
between the City of Lubbock and Most Reverend Placido Rodriguez, Bishop of the
Roman Catholic Diocese of Lubbock, Texas, and all related documents. Said Contract of
Sale is attached hereto and incorporated in this Resolution as if fully set forth herein and
shall be included in the minutes of the Council.
Passed by the City Council this 1 Ith day of May 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, City Manager
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
This resolution authorizes the Mayor to sign a contract of sale for the
acquisition of the Catholic Family Services building located at 123 North
Avenue S from the Most Reverend Placido Rodriguez, Bishop of the Roman
Catholic Diocese of Lubbock, Texas. This contract of sale is for the purchase
of the land, which includes Lots 12-16, Block 5 of the Richmond Second
Addition and the improvements, which include a 7,010 square foot building.
The purchase price and appraised value of the property is $140,000.
FISCAL IMPACT
Acquisition cost of $140,000 is budgeted and available in the Guadalupe
Neighborhood Center Capital Improvement Project.
Staff recommended approval of this resolution.
5.19. Contract Change Resolution - Health: Resolution No. 2006-RO215
authorizing the Mayor to execute Change No. 6 to the FY2006 Contract
for General Provisions for Subrecipient Grant Contracts and associated
sub -grant contracts (Regional and Local Services Section contract,
CPS-Bioterrorism Preparedness contracts, HIV Surveillance contract,
and Immunization Branch -Locals contract) (DSHS Document No.
7560005906 2006) with the Texas Department of State Health Services.
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RESOLUTION NO.2006-RO215
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 a Change No. 6 to the FY2006 Contract
for General Provisions for Subrecipient Grant Contracts and associated sub -grant
contracts (Regional and Local Services Section contract; CPS-Bioterrorism Preparedness
contracts; HIV Surveillance contract; and Immunization Branch -Locals contract)(DSHS
Document No. 7560005906 2006) and any associated documents by and between the
City of Lubbock and the Texas Department of State Health Services, a copy of which
Change No. 6 and any associated documents are attached hereto and which shall be
spread upon the minutes of this Council and as spread upon the minutes of this Council
shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 11 th day of May, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Change No. 6 and any associated documents is filed with Resolution No.
2006-R0215.
The Community Preparedness Section (CPS) Bioterrorism Preparedness Lab
contract was originally approved by City Council on September 21, 2005,
Resolution #2005-RO445.
Contract Change No. 06 with the Texas Department of State Health Services
(DSHS) increases the contracted amount by $100,190 from the current
approved amount of $199,760. The increased contract amount is necessary for
the purchase of new equipment. A copy of the equipment list is provided.
The bioMerieux Vitek 2 Compact 30 System will replace the existing Vitek
Junior System that is no longer supported by bioMerieux. This system will be
used for the identification and drug susceptibilities of microorganisms and
will aid in the treatment of patients.
The Bio-Rad BioPlex Protein Array 200 System is an additional piece of
equipment and a multi -platform instrument used for bioterrorism response.
The BioPlex will allow the screening for identification of several organisms
on a single sample with only one extraction and one set-up.
This program assists Lubbock's efforts in developing laboratory -specific
bioterrorism preparedness plans that address selected focus areas and the
required critical capabilities. The focus areas and major outcomes being
addressed in FY 2006 include all -hazards planning, information collection and
threat recognition, laboratory testing, emergency response communications,
economic and community recovery, and linking hospital laboratory programs
with local health departments efforts to respond during public health
emergencies.
E..
Regular City Council Meeting
May 11, 2006
Page 467
Major goals include:
Maintain a confirmatory bioterrorism testing laboratory with staff trained
and proficient in CDC's Laboratory Response Network (LRN) biothreat
protocols;
Test samples from identified service area for biothreat agents and toxins;
Test food samples for pathogenic microbes;
Maintain extensive collaboration with all hospitals located in the identified
service area to plan for response activities for biothreats;
Maintain extensive collaboration with local law enforcement, hazardous
material, and other emergency responder;
Present laboratory -oriented training to hospitals and reference laboratories
in the identified service area on the LRN sentinel protocols; and
Provide LRN sure capability plan.
FISCAL IMPACT
Fiscal impact will be minimal for both revenue and general fund activities.
The service agreement for the Vitek 2 Compact 30 System is provided in the
initial cost of this equipment during the first three years. The Vitek 2 service
agreement will need to be funded through the General Fund once the initial
agreement expires.
The service agreement for the Bio-Rad BioPlex Protein Array 200 System is
provided in the initial cost of this equipment for the first two years. This
service agreement for the Bio-Rad BioPlex will continue to be funded through
grant funds once the initial agreement expires.
Staff recommended approval of this resolution.
5.20. Contract Change Resolution - Street Drainage Engineering: Resolution
No. 2006-R0216 authorizing the Mayor to execute Amendment No. 3 to
the engineering services agreement with Parkhill, Smith & Cooper, Inc.
for paving improvements on 98th Street from Slide to Juneau.
RESOLUTION NO.2006-R0216
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, Amendment No. 3 to the
Agreement for Engineering Services between the City of Lubbock and Parkhill, Smith &
Cooper, Inc. for the paving improvements and widening of 981h Street between Slide
Road and Frankford Avenue, which Amendment No. 3 provides for strip paving 98`h
Street from Frankford Avenue to Juneau Avenue. Said Amendment is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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Regular City Council Meeting
May 11, 2006
Page 468
Passed by the City Council this 1 lth day of May, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
Eva l U
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Amendment is filed with Resolution No. 2006-R0216.
The original engineering services agreement dated May 22, 2003, with
Parkhill, Smith & Cooper (PSC) provided for design and preparation of plans
and bid documents for paving improvements and widening on 98th Street
from Slide Road to Juneau Avenue. Amendment No. 3 establishes basic
services and compensation for PSC to perform construction management,
testing, and inspection during the construction phase of this project.
The original contract was for engineering services related to paving
improvements on 98th Street from Slide Road to Frankford Avenue.
Amendment No. 1 adjusted the work schedule and did not change the contract
amount. Amendment No. 2 included geotechnical engineering services for the
entire project and additional design services to extend the paving
improvements on 98th Street to include strip paving from Frankford Avenue
to Juneau Avenue.
The contract and amendments include various personnel classifications and
hourly rates to be charged for each classification. Payment will be made only
for the number of hours worked for each classification.
The contract and amendment not to exceed amounts are as follows:
Original Basic Services Agreement
$814,272
Amendment No. 1(schedule only)
0
Amendment No. 2
608,916
Amendment No. 3(design, bid phase)
(300,000)
Amendment No. 3(construction phase)
1,896,797
Total not to exceed amount of original
contract plus amendments to date
$3,019,985
The $300,000 deduction above reflects the completion of the design and bid
phase at a cost less than the not to exceed amount.
FISCAL IMPACT
Construction of the project includes three phases: street paving improvements
on 98th Street, a portion of the South Lubbock Storm Sewer to drain detention
basins west of Frankford, and re -compaction of the unstable utility ditch
backfill. The funding for this amendment is available in the existing project
budget amount from three funds:
1. 98th Street from Slide Road to Frankford Avenue Project 90093
Regular City Council Meeting
May 11, 2006
Page 469
2. South Lubbock Storm Sewer Project 90141
3. 98th Street Compaction Repair Project 91081
Project 90093 had an original budget of $6,643,000 and has an available
balance of $5,444,087. The total estimated cost against this capital project is
$5,065,000.
Project 91081 has a budget and available balance of $8.5 million. The total
estimated cost against this capital project for this 98th Street project is
$5,558,000.
Project 90141 has a current budget of $43.6 million. Of this current budget
$8.1 million has been set aside for the 98th Street construction between Slide
Road and Juneau Avenue. The remainder is for work already under contract or
planned for future phases of the storm sewer.
The engineering services included in Amendment No. 3 will be charged from
each account as appropriate to each phase.
Staff recommended approval of this resolution.
Council Member Gilbreath recused on this item.
5.21. Contract Resolution - Parks and Recreation: Resolution No.
2006-RO217 authorizing the Mayor to execute a contract with the Texas
Health and Human Services Commission for the 2006 Summer Food
Service Program for children.
RESOLUTION NO.2006-RO217
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 sign for and on behalf of the City of Lubbock, a Contract by and between the
City of Lubbock and Texas Health and Human Service Commission, for the 2006
Summer Food Service Program for children, and all related documents. Said Contract is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 1 lth day of May, 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/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2006-R0217.
The City of Lubbock Parks and Recreation Department is requesting pass -
through grant funds, which flow through Texas Health and Human Services
Commission from the United States Department of Agriculture. The City of
Lubbock has participated in the Summer Food Service Program for the past 15
years with positive results. Both direct and indirect costs for the Summer Food
Service Program are reimbursed through the grant.
Regular City Council Meeting
May 11, 2006
Page 470
The program provides a nutritional noon meal for children ages one through
18 each weekday beginning May 30 and ending August 4, 2006. All children
are eligible to participate in the Summer Food Program and receive a free
meal at Maggie Trejo, Mae Simmons, and Copper Rawlings Community
Centers. Other locations include Bean Elementary, Ramirez Elementary,
George Woods Center, and the Phea Branch of the Boys & Girls Club.
This program is offered in conjunction with the Summer Satellite Program
offered by the Parks and Recreation Department utilizing Community
Development funding. The Summer Lunch program provides a service for the
community by providing a nutritious meal for children who would normally
participate in a meal program at their school or for those whose parents are
unable to prepare a meal for their children.
FISCAL IMPACT
Reimbursements from Texas Health and Human Services Commission are
based on total number of meals served. The reimbursement rate per meal
includes $2.56 for operating costs, $0.2225 for administrative costs, and $0.08
from the State for any additional program costs. Parks and Recreation expects
to serve approximately 18,460 lunches for a total cost of $52,842.
Staff recommended approval of this resolution.
5.22. Contract Resolution - Community Development: Resolution No.
2006-RO218 authorizing the Mayor to execute a Community Development
Funding Contract with Family Promise of Lubbock Inc. to fund the
Facility Rehab Project with Community Development Block Grant
(CDBG) funds.
RESOLUTION NO.2006-RO218
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Community Development
Funding Contract, by and between the City of Lubbock and Family Promise of Lubbock
Inc., for the Facility Rehab Project and all related documents. Said contract is
incorporated in this Resolution and is available for review in the City Secretary's office,
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 1 Ith day of May, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2006-R0218.
Grantee: Family Promise of Lubbock Inc., formerly Lubbock Interfaith
Hospitality Network
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Regular City Council Meeting
May 11, 2006
Page 471
Program: Facility Rehab Project
Funding Source: 2004 CDBG and 2005 CDBG
Use of Funds: CDBG funds to be used to rehab/renovate donated house into a
day activity center to be used by homeless families with children during
daytime hours only.
Amount: $75,000 from 2004 CDBG funds and $52,951 from 2005 CDBG
funds.
Match: 25 %
Return of Investment: 25% of grant funds used will be paid back. Grantee will
have the option of paying back in one lump sum 30 days after completion of
the project or equal payments for up to 10 years with no interest charged.
Term: May 11, 2006, through September 30, 2007
Comments: The $75,000 for this contract was approved by the Community
Development and Services Board (CDSB) during their regularly scheduled
meeting held on January 12, 2005. City Council approved the funding at the
January 27, 2005, meeting. The $52,951 for this contract was approved by
CDSB during their regularly scheduled meeting held May 11, 2005. City
Council approved funding at the June 26, 2005, meeting.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant.
The maximum to be allocated to this project is $127,951.
Staff recommended approval of this resolution.
5.23. Contract Resolution - Parks and Recreation: Resolution No. 2006-RO219
authorizing the Mayor to execute a professional services agreement with
Hugo Reed and Associates, Inc. for engineering services involving the new
youth sports complex to be located at FM 1585 and Milwaukee Ave.
RESOLUTION NO.2006-RO219
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 Professional Services
Contract for the new youth sports complex, by and between the City of Lubbock and
Hugo Reed and Associates, Inc., and all related documents. Said Professional Services
Contract is attached hereto and incorporated in this Resolution as if fully set forth herein
and shall be included in the minutes of the Council.
Passed by the City Council this I 1 th day of May 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/ John M. Knight
John M. Knight, Assistant City Attorney
471
Regular City Council Meeting
May 11, 2006
Page 472
A copy of the Professional Services Contract is filed with Resolution No. 2006-R0219.
On July 14, 2005, City Council approved an agreement with MWM
Architects, Inc. for design services for the new 160-acre youth sports
complex. The agreement with MWM included schematic design, design
development, construction documents, bidding, and construction inspection.
MWM has developed the Master Plan for the complex.
The attached agreement with Hugo Reed and Associates, Inc. includes
topographic survey, final plat submittal, site plan review, site grading, parking
lot paving design, site utilities plan, storm water pollution prevention plans,
water distribution plan, paving plans for 122nd Street, Iola Avenue, and
Milwaukee Avenue, drainage analysis report, and irrigation plans. —
FISCAL IMPACT
The maximum amount payable under this contract is not to exceed $426,387.
Funding is available from 2004 bond projects for the development of a Little
League complex and soccer fields in southwest Lubbock.
Staff recommended approval of this resolution.
5.24. Purchase Resolution - Information Technology: Resolution No.
2006-RO220 for a midrange computer, RFP #05-149-RW.
RESOLUTION NO.2006-RO220
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 high technology purchase Agreement with
Pinnacle Business Systems of Edmond, Oklahoma, and any associated documents, for the
purchase of high technology computer hardware and software to operate the City of
Lubbock's financial system, a copy of which Agreement is attached hereto and made a
part hereof for all intents and purposes.
Passed by the City Council this 11 th day of May, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood, Chief Information Officer
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Agreement is filed with Resolution No. 2006-R0220.
The City's JD Edwards financial system runs on an AS/400 computer that is
almost eight years old and needs to be replaced for two reasons:
1) The IBM OS/400 version 5.2 operating system was withdrawn from the
market in October 2005 and will have support withdrawn in April 2007.
2) The latest version of the JD Edwards World financial system will be
released later this year and will not run on our current equipment.
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Regular City Council Meeting
May 11, 2006
Page 473
Three firms responded to the City's high-tech RFP and were ranked and
scored as follows: Pinnacle Business Systems of Edmond, OK (business
office in Midland, Texas - score 510; Data Systems International of Overland
Park, Kansas - score 495; and Mainline Information Systems of Dallas, Texas
- score 490.
FISCAL IMPACT
The initial cost of the computer with the necessary operating system
components is $151,580. Annual maintenance costs are approximately $4,500
and approximately 27% less than the maintenance on our current AS/400
equipment.
Funding is available in Information Technology's operating budget for the
Master Lease payment as approved by the City Council in the FY 2005-06
Budget Amendment #5.
Staff recommended purchase of an AS/400 midrange computer system from
Pinnacle Business Systems of Edmond, Oklahoma for $151,580.
6. REGULAR AGENDA
6.1. Zone Case No. 3058 (50th Street east of Upland Avenue) Ordinance 2nd
Reading - Planning: Ordinance No. 2006-00057 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.
This item was deleted.
6.2. Zone Case No. 922-D (5001 Avenue Q) Ordinance 2nd Reading -
Planning: Ordinance No. 2006-00058 Consider the 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.
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.
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Regular City Council Meeting
May 11, 2006
Page 474
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.
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 Gilbreath, seconded by Council
Member Jones to pass on second and final reading Ordinance No.
2006-00058 as recommended by staff. Motion carried: 6 Ayes, 1 Nays.
Mayor Pro Tern Martin voted Nay.
6.3. Amendment Change Resolution - Business Development: Resolution No.
2006-RO221 authorizing the Mayor Pro Tem to execute an amendment to
the Master Development Agreement with Overton Park Hotel, LP and
Garfield Traub Development LLC for the purpose of extending the
Pre -Development Feasibility Period.
RESOLUTION NO. 2006-RO221
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an Amendment to the
Master Development Agreement with Overton Park Hotel, LP and Garfield Traub
Development LLC. Said Amendment is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 11 th day of May, 2006.
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Executive Director of
Development Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
Staff received a request from Overton Park Hotel, LP and Garfield Traub
Development LLC to extend the Pre -Development Feasibility Period for the
Hotel/Conference Center Project until June 30, 2006.
This amendment will extend the Pre -Development Feasibility Period from
May 25, 2006, to June 30, 2006.
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Regular City Council Meeting
May 11, 2006
Page 475
FISCAL IMPACT
This extension will have no fiscal impact on the project.
Staff recommended approval.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2006-RO221 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal recused himself.
9:56 A. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tern
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
475