HomeMy WebLinkAboutMinutes - City Council - Regular - 6/8/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 8, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 8th
day of June, 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 David A. Miller, Mayor Pro Tern Jim Gilbreath, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Phyllis Jones, Council Member John Leonard, Council
Member Floyd Price
Absent: No one
1. CITIZEN COMMENTS
There were no citizens to express comments to Council.
2. EXECUTIVE SESSION
Mayor Miller 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 (Codes,
Electric Utilities, Gas Utilities - Atmos Energy, Overton, Solid Waste,
Streets, Water Utilities, Zoning).
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 Services, Overton, Parks, Streets, 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, Chief of Staff) 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 North Overton Tax
Increment Financing Reinvestment Board of Directors and
Transportation Policy Committee for the Lubbock Metropolitan
Planning Organization.
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;
Regular City Council Meeting
June 8, 2006
Page 528
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;
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.
9:30 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Phyllis Jones; Council Member John Leonard; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor Miller reconvened the meeting at 9:30 A. M.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Pastor Jerry Joplin, Bacon Heights Baptist 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 to congratulate Judge Tom Head for
being appointed to the Texas Commission on Licensing and Regulation.
Mayor Miller presented a special recognition to congratulate Judge Tom Head
for being appointed to the Texas Commission on Licensing and Regulation.
Judge Head, a Texas Tech graduate, has shown dedication to this community
by devoting himself to public service positions that include serving as a Texas
Tech Police Officer, Lubbock County Justice of the Peace, and currently as
County Judge. On May 3, 2006, the Texas Commission on Licensing and
Regulation unanimously voted to appoint Lubbock County Judge Tom Head
to serve on the Licensed Court Interpreter Advisory Board, which will include
setting rules and standards for those individuals who provide interpretations in
legal proceedings for individuals who do not speak English. The Mayor
encouraged all residents to recognize and appreciate Judge Head's exceptional
involvement in our community and wish him continued success as he serves
with the Texas Department of Licensing and Regulation. Judge Head gave
comments.
3.4. Presentation of a special recognition to recognize the contributions made
by the World Changers, an organization that works on homes in need of
repair across the world.
Mayor Miller presented a special recognition to recognize the contributions
made by the World Changers, which is a national volunteer mobilization
organization that was founded in 1991 as a ministry of the Southern Baptist
Convention with a vision of eliminating substandard housing in the United
States. The organization works with local cities to repair and refurbish owner
homes and, since its inception, has mobilized over 65,000 volunteers and
repaired more than 5,000 homes around the country. For the second year, the
City of Lubbock joined World Changers in hosting local projects during the
week of June 10-17, 2006 and partner with local churches, businesses, and
non-profit organizations. The Mayor encouraged all residents of Lubbock to
recognize these volunteers for touching the lives of children, youth, and adults
through their hard work and dedication in helping Lubbock home -owners
beautify their property. Cory O'Gumn gave comments.
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3.5. Presentation of a special recognition to recognize June 19th to 23rd as
Emergency Preparedness Week.
Mayor Miller presented a special recognition to the Emergency Operations
personnel to recognize June 19-23, 2006 as Emergency Preparedness Week.
Each year, June is proclaimed National Safety Month to emphasize the
importance of preventing accidental injury and death by educating and
influencing the community to develop and maintain safe practices and
behavior for emergency situations. This year the Lubbock County Local
Planning Committee would like to emphasize the importance of planning
ahead for possible life -threatening situations, including tornadoes, lightning,
flash floods and fires by declaring June 19-23 as Emergency Preparation
week. Having a family emergency plan that includes distributing emergency
contact phone numbers, preparing an emergency kit stocked with food and
water, and a home evacuation plan where members can meet after the
emergency is an important part of insuring a family's safety. The Mayor
asked all citizens to join and help insure that Lubbock citizens take
preventative measures by planning ahead and developing their own family
emergency plan. Several of the Emergency Operations staff, along with
Wally, the mascot, were present to accept the recognition. Lubbock County
Judge Tom Head joined the group and gave comments.
3.6. Board Appointment Recognition:
Animal Shelter Advisory Committee:
Mandy Winton
Keep Lubbock Beautiful Advisory Committee:
Flora Arellano
Libraries Board:
Judy Rowdon
Public Transit Advisory Board:
David Quintanilla
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Special City Council Meeting, May
18, 2006.
Motion was made by Council Member Price, seconded by Mayor Pro Tern
Gilbreath to approve the minutes of the Special City Council Meeting of May
18, 2006 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5. CONSENT AGENDA (Items 5.1-5.6 5 9, 5 11-5 14 5 20 5 22 5 25)
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member
Leonard to approve Items 5.1-5.6, 5.9, 5.11-5.14, 5.20, 5.22, 5.25 on consent agenda
as recommended by staff. Motion carried: 7 Ayes, 0 Nays, except Item 5.17 —
motion carried: 6 Ayes, 0 Nays. Mayor Pro Tern Gilbreath recused himself.
5.1. Zone Case No. 3060 (1516 84th) Ordinance 2nd Reading - Planning:
Ordinance No. 2006-00061 Consider the request of Darrel W. Jones for
a zoning change from T to C-4 zoning limited to automobile repair,
service and used vehicle sales, and all unconditional permitted C-3 uses,
on Lot 9, Block 5, Rhoades Heights Addition, and to consider ordinance.
ORDINANCE NO. 2006-00061
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3060; A ZONING CHANGE FROM T TO C-4
ZONING LIMITED TO AUTOMOBILE REPAIR, SERVICE AND USED VEHICLE
SALES, AND ALL UNCONDITIONAL PERMITTED C-3 USES, ON LOT 9,
BLOCK 5, RHOADES HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
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The proposal is in an area developed in an awkward manner adjacent to the
City of Lubbock. The area was annexed in 1984, with a number of existing
"heavy" business locations along the east side of Avenue P. The annexation
was 150 feet east of the center line of Avenue P, thus only about 110 feet of
the adjacent private property is in the City, and eventually the right of way
will be expanded to accommodate a thoroughfare so even less of the adjacent
parcels will be in the City.
Adjacent Land Uses:
N — commercial
S - commercial
E — commercial or vacant
W — industrial
When the area was annexed, the property east of Avenue P was illustrated as
"residential" even though it is already noted that a number of businesses
existed along the route. In addition, at 82nd and Avenue P, Bell Telephone has
an office and a work yard, which is an M-1 use. Prior to annexation, the City
developed the Southeast storage, solid waste satellite facility and fuel site west
of the frontage along Avenue P, which is also an M-1 use. Since 1984, from
84th Street to 86th Street, the parcels facing Avenue P have been zoned as M-
1 with some conditions on outside screening. This parcel is directly across
Avenue P. A "policy" versus reality is the issue in this case. The introduction
of a commercial enterprise on this small lot should not have a negative impact
on the thoroughfare system. The applicant lives next door and would like to
open a mechanics shop and be able to sell a limited number of vehicles at the
location.
Adjacent property and across the street is already in commercial or industrial
use. As a precaution to some of the C-4 uses that may not be advisable in the
area, the applicant requested in his application that approval be limited to the
"public garage" and "used vehicle" entries in C-4, otherwise permitted uses
would be C-3. The Planning Commission was comfortable with the request to
accommodate Mr. Jones, but felt that a maximum number of vehicles should
be attached to the request regarding the number of used automobile that could
be displayed on the parcel.
The Planning Commission recommended approval of the request with two
conditions:
1. The Permitted Uses from C-4 shall be limited to "Garage, public repair"
and "Second hand or used car sales" with the total number of vehicles
displayed not to exceed ten."
2. That the property otherwise be eligible for development as C-3.
FISCAL IMPACT
No fiscal impact.
The staff supports the recommendation of the Planning Commission.
5.2. Zone Case No. 3061 (north of 90th Street and west of Avenue T)
Ordinance 2nd Reading — Planning: Ordinance No. 2006-00062
Consider the request of AMD Engineering, L.P. (for Carl Mortensen) for
a zoning change from T to R-1 Specific Use and R-2 Specific Use for a
reduced front and side setback on 12.006 acres of unsubdivided land out
of section 9, Block E, and to consider ordinance.
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ORDINANCE NO. 2006-00062
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3061; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE AND R-2 SPECIFIC USE FOR A REDUCED FRONT AND SIDE
SETBACK ON 12.006 ACRES OF UNSUBDIVIDED LAND OUT OF SECTION 9,
BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
The request is for this subdivision to be allowed the setbacks that have
become popular in all the new developments in Lubbock. The subdivision is
already in a preliminary approved plat and has been zoned for the basic R-1
and R-2 Districts.
Adjacent land uses:
N — Residential
S — Residential
E — Residential
W — Residential
As noted, the developer is requesting setback for the units in the same manner
that most of the new subdivisions in Lubbock have done. The request is
consistent with the Comprehensive Land Use Plan and zoning policy.
The request should have no negative effect on the thoroughfare plan.
The Planning Commission recommended the request with the following
conditions:
1. A minimum front setback of 20 feet for normal mid -block lots.
2. A minimum front setback of five feet for cul-de-sac lots with the
exception of a front entry garage, which shall have a 20-foot setback.
- — 3. A minimum side setback of five feet for corner lots, with the exception
that a garage portion must have a 20-foot setback if the opening faces the
street.
4. If the homes are built with access to the garage from a paved alley, the
fences on the corner lot will be set back five feet to match the setback of
the home.
FISCAL IMPACT
No fiscal impact.
The staff supports the recommendation of the Planning Commission.
5.3. Zone Case No. 2995-B (north side of the 6400-6500 blocks of 82nd Street)
Ordinance 2nd Reading - Planning: Ordinance No. 2006-00063
Consider the request of Scott Collier (for CTC Real Estate) for a zoning
change from C-2A to C-2 zoning on 6.6 acres of unsubdivided land out of
Section 29 Block AK, and to consider ordinance.
ORDINANCE NO.2006-00063
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-B; A ZONING CHANGE FROM C-2A TO C-2
ZONING ON 6.6 ACRES OF UNSUBDIVIDED LAND OUT OF SECTION 29,
BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The applicant has several business prospects that need a C-2 district versus the
current C2A. Now that the area north of the strip along 82nd is zoned for
duplex development (and a portion of it may be petitioned for garden office
development), transitioning to the C-2 does not create an issue. The original
decision for the area to be commercial was the first critical discussion, not
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being located at the mile intersection. With that decision out of the way, the
change by one level of commercial zoning is not an issue.
Adjacent land uses:
N — zoned for duplex, a portion of it is being contemplated as rezoned for
Garden Office
S — commercial
E — Garden Office zoning
W — commercial
The fact that it is commercial at this point, with a condition that the total
number of curb cuts on 82nd be limited to six, addresses the Comprehensive
Land Use Plan discussion. C-2 uses will not be deleterious to the area. With
the curb cut plan approved by the Planning Commission on April 27, 2005,
the change will have no effect on the thoroughfare system.
The Planning Commission recommended the request with one condition:
1. Tied to the condition in Ordinance 2004-00011 for this tract (a Planning
Commission review of locations for proposed curb returns). The total
number is approved at six.
FISCAL IMPACT
No fiscal impact.
The staff supports the recommendation of the Planning Commission.
5.4. Zone Case No. 3059 (1617 22nd Street) Ordinance 2nd Reading -
Planning: Ordinance No. 2006-00064 Consider the request of Terry
Echols (for Tagle Homes) for a zoning change from C-3 and R-2 to M-1
limited to storage and display of trees and all permitted C-3 uses, on west
11 feet of Lot 8, all of Lot 9 and east half of Lot 10, Block 15,
McCrummen Second Addition, and to consider ordinance.
ORDINANCE NO. 2006-00064
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3059; A ZONING CHANGE FROM C-3 AND R-2
TO M-1 ZONING LIMITED TO STORAGE AND DISPLAY OF TREES AND ALL
PERMITTED C-3 USES, ON WEST 11 FEET OF LOT 8, ALL OF LOT 9 AND
EAST HALF OF LOT 10, BLOCK 15, MCCRUMMEN SECOND ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS: PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Similar to the request considered in Zone Case 3060 at 84th and Avenue P,
this request represents a difficult procedural versus practical dilemma. The
applicant bought the property for a reasonable price and operates a business of
importing trees and storing the trees until they are sold to individuals or
landscape companies. He proposes to operate with a small frame building (not
a ready built metal building) and some required vehicles or machinery. The
dilemma within the zoning ordinance is that this operation requires an M-1
zoning designation because of the outside storage.
Adjacent land use:
N — Commercial (C-3)
S — Commercial and residential
E — Residential
W — Commercial (C-3)
The application does not meet the current Comprehensive Land Use Plan. The
area east of the strip commercial along Avenue Q is targeted as residential. It
certainly has not been a hotbed of residential activity for the last several
decades. A number of commercial zone cases have encroached a little further
into the adjacent neighborhoods, from 19th Street to 50th Street along Avenue
Q, creating a very jagged edge of the line between commercial and residential
on both sides of the street. The proposed use is certainly not suggested as a
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cause for disruption of the few existing residences in the area, the fact that the
lot would be cleared and have a collection of trees may be an asset to some.
As noted, it is the technical issue of M-1 that creates the discussion.
For the same reasons noted above and related to the Comprehensive Plan, the
request also does not meet zoning policy. Should the Council want to follow
the lead of the Planning Commission and accommodate this one use, the good
news is that the applicant followed advice from staff to request that the zoning
for M-1 be limited to one use (storage and display of trees), that the request be
tied to the proposed site plan so long as the use is for the tree operation, and
that any other use be limited to C-3 — which is zoning consistent with the lots
to the north, south, and west.
For policy reasons, staff did not provide unequivocal support for the request.
Given that the use would not cause a serious disruption in the vicinity as many
other M-1 uses and even a number of C-3 uses, staff provided a proposed list
of conditions for the Planning Commission to consider. The Planning
Commission recommended that the request be approved with the following
conditions:
1. The single M-1 use would be the storage and display of trees with
attendant activities necessary to operate the business. Retail sales would
be included on the parcel.
2. Any other permitted use would be in the C-3 district.
3. A solid screening fence would be installed when a residential structure is
built on the lot adjoining to the east. A chain link fence for the perimeter
of the storage area is made a part of the site plan.
4. Tied to the proposed site plan, with the stipulation that the front 25 feet of
the lot be landscaped and not fenced. The proposed office is located within
the fenced area.
FISCAL IMPACT
No fiscal impact.
Staff supports the recommendation of the Planning Commission.
5.5. Zone Case No. 2939-D (south of 4th and west of Inler Avenue) Ordinance
2nd Reading - Planning: Ordinance No. 2006-00065 Consider the
request of Hugo Reed and Associates, Inc. (for Cactus Pointe, Ltd.) for a
zoning change from R-1 Specific Use, C-3, R-2, A-2, AM to C-3 and R-1
Specific Use for amended setback on 133.5 acres of unsubdivided land out
of Section 3, Block D-6, and to consider ordinance.
ORDINANCE NO. 2006-00065
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2939-D; A ZONING CHANGE FROM R-1
SPECIFIC USE, C-3, R-2, A-2 AND AM TO C-3 AND R-1 SPECIFIC USE FOR
AMENDED SETBACK ON 133.5 ACRES OF UNSUBDIVIDED LAND OUT OF
SECTION 3, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
The Planning Commission and Council are being asked to approve a plat and
zoning for a subdivision that will have no alleys. The plat was approved by
the Commission. The transition to service and access only from the street is a
challenge to the sometimes Lubbock traditional "this is always the way staff
have done it" stance and some of the current regulations in the Code of
Ordinances.
In this case, the applicant is using Specific Use to validate the changes
normally required by the Zoning Code and a variance by the Planning
Commission for plat related items allowed by the Subdivision Regulations.
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The staff and utilities have met extensively on the issues for zoning and
particularly utility installation issues with members of both the development
and builder teams. The staff is recommending both the zone case and the plat
as a "test' the developer is willing to construct. The City can benefit from the
results as to what will work and what may not and eventually change the
various Codes if the product becomes a marketable commodity in Lubbock.
The practice of not having alleys is common in many other cities.
Adjacent land uses — The subdivision is a new addition in a substantially
undeveloped area of town. The area of the entire subdivision is west of Alcove
one-half mile between 4th and 19th Streets. A new school is being constructed
within the subdivision. The area of discussion for this plat and zone case is
that portion of the addition west of the railroad track that was relocated to
make way for the Marsha Sharp Freeway. Both sides of the tracks will be
buffered by either a street or a drainage facility, and trees have already been
planted on the south side.
The request is consistent with the Comprehensive Land Use Plan, in that
residential is residential — alleys or no. The proposal differs somewhat with
zoning policy in two aspects:
1. The applicants would like to achieve the setbacks that have become
popular elsewhere in town for fronts of regular and cul de sac and sides on
corner lots.
2. The applicant would like the property line and measurements to be made
from the back of curb (which will be the property line), versus the
traditional location of the property line. The "dry" utilities will be in an
easement behind the curb, on private property, which is normally the
parkway in traditional Lubbock rights of way.
The proposal should not affect the thoroughfare system any more than
expected.
Again, the requested set backs are essentially the same as current popular set
back requirements in new subdivisions, they are just measured from a non-
traditional location (back of curb where the property line is proposed). The
Planning Commission recommended the request with the following
conditions:
1. 25 feet of front setback from the front property line for non -garage
portions of homes not on cul de sac lots (this equates to approximately 15
feet in our traditional property line method).
2. 30 feet of front setback from the front property line for the garage portion
of homes (equal to approximately 20.5 feet in our traditional property line
method), unless the garage opening is parallel with the street, in which
case the setback will be directed by #1 above.
3. 15 feet of front setback for any non garage portion of a home on a cul de
sac lot homes (equal to approximately 5.5 feet in our traditional property
line method). Any garage facing the street shall have a 30 foot setback
from the front property line.
4. 30 feet of side setback for any garage facing a side street (equal to
approximately 20.5 feet in our traditional property line method). If the
garage entrance is at a 90 degree angle to the side street, this condition
will not apply subject to #5 below.
5. 15 feet of side setback for any corner lot homes (equal to approximately
5.5 feet in our traditional property line method).
6. Either on the front or the side of each parcel, a minimum 20 by 20 foot
parking slab will be provided for a driveway.
FISCAL IMPACT
No fiscal impact.
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The staff supports the recommendation of the request. The Planning
Commission approved the "test" for the area.
5.6. Zone Case No. 3048-B (from 5th Street to loth Street and from Avenue S
to Avenue V) Ordinance - 2nd Reading - Planning: Ordinance No. 2006-
00066 Consider the request of Parkhill, Smith & Cooper, Inc. (for
McCanton Wood) for a zoning change to amend Ordinance #2006-00036
to revise a setback condition for zoning on Blocks 28, 29, 35, 38, 39, 61
and 62; Lots 13-24, Block 30; Lots 18-24 and the east '/2 of Lot 17, Block
34; Lots 13-24, Block 63; Lots 1-12, Block 27; Lots 1-12, Block 40;
Overton Addition and Blocks 1, 2, 3, and 4, Overton Park Addition, and
to consider ordinance.
ORDINANCE NO. 2006-00066
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3048-B; A ZONING CHANGE TO AMEND
ORDINANCE #2006-00036 TO REVISE A SETBACK CONDITION FOR
ZONING ON BLOCKS 28, 29, 35, 38, 39, 61 AND 62; LOTS 13-24, BLOCK 30;
LOTS 18-24 AND THE EAST 1/2 OF LOT 17, BLOCK 34; LOTS 13-24, BLOCK
63; LOTS 1-12, BLOCK 27; LOTS 1-12, BLOCK 40; OVERTON ADDITION AND
BLOCKS 1,2,3 AND 4, OVERTON PARK ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
The application is the second of two "clean up" cases filed on the
redevelopment area in the former Overton North.
Adjacent land use:
N — commercial
S — residential
E — residential
W — multi -family residential
The request is consistent with the Comprehensive Land Use Plan and zoning
policy. As noted, this request is simply an adjustment that provides some
additional flexibility to some of the residential units within the front yard
setback area. Given the complexity built into the guidelines of the proposed
residential portion of the subdivision adopted in Zone Case 3048, this third
minor revision is a testament to the thought and thoroughness provided in the
original draft of the document.
There will be no impact on the thoroughfare system.
The Planning Commission recommended approval of the request as submitted
subject to the following condition:
1. For single family, cottages and town homes — "A wing or extension less
than half the building width (or the unit width for town homes) may
extend six feet into the required front yard."
FISCAL IMPACT
No fiscal impact.
The staff supports the recommendation of the Planning Commission.
5.7. This item was moved from consent agenda to regular agenda and
considered following Item 5.15.
5.8. This item was moved from consent agenda to regular agenda and
considered following Item 5.7.
5.9. Annexation Ordinance 2nd Reading - Planning: Ordinance No.
2006-00068 Consider an ordinance for annexation of an area 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). A common name for this annexation is
the Shadow Hills Estates annexation.
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ORDINANCE NO.2006-00068
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT
TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS, WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND
ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON
EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS
ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE
THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The owner of a parcel north of Erskine and west of North Milwaukee already
has plat approval (Shadow Hills Estates) in anticipation of annexation. To
comply with annexation policy of the Comprehensive Land Use Plan, staff is
asking City 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.
At present, all the land is vacant. The staff is of the opinion that this portion
of the community will be filling out 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.
The Planning staff recommended annexation of the entire area.
5.10. This item was moved from consent agenda to regular agenda and
considered following Item 5.8.
5.11. Budget Ordinance 2nd Reading - Finance: Ordinance No. 2006-00070
Consider budget ordinance amendment #17 amending the FY 2005-06
budget respecting the Grant Fund, Solid Waste Fund, General Fund,
North Overton TIF Fund, North Overton PID Fund, and LP&L Fund.
ORDINANCE NO.2006-00070
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GRANT FUND; (2) SOLID WASTE FUND; (3)
GENERAL FUND; (4) LP&L FUND; (5) NORTH OVERTON TAX INCREMENT
FINANCE REINVESTMENT* ZONE; AND (6) NORTH OVERTON PUBLIC
IMPROVEMENT DISTRICT. (AMENDMENT #17)
1. Accept and appropriate $168,534 of funding from the Department of
Justice for the Edward Byrne Memorial Justice Assistance Grant to
provide radio/data communications infrastructure upgrades, public safety
software, and Lubbock County technology purchases. The City is the
primary grantee and Lubbock County is a sub -grantee. The City is
responsible for all financial tracking and reporting to the Department of
Justice. This grant does not require a local cash match.
2. Accept and appropriate $118,628 of funding from the Public Health
Preparedness Grant to provide pandemic flu preparedness activities in 13
counties, including Lubbock. The City Health Department will be
responsible for Pandemic Flu planning in Lubbock, Bailey, Cochran,
Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb, Lynn and
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Page 537
Motley counties. The funding allocation was set at a rate of $3,515 per
county plus an additional per capita rate of slightly over 20 cents. This
grant does not require a local cash match.
3. Authorize one full-time position in the Solid Waste Fund and adjust the
Solid Waste Fund Budget accordingly. The new position will be a Solid
Waste Foreman to supervise field equipment operators. The collection
division of the Solid Waste Fund is currently divided into three districts. A
fourth district is proposed to reduce the supervisor -to -employee ratio and
to ensure the most efficient and effective operations and to provide better
customer service and achieve higher levels of safety and productivity. The
payrollibenefit costs for FY 2005-06 are estimated at $11,029 and
vehicle/equipment costs are estimated at $3,971. The total annual impact
of this position is estimated at $48,089.
4. Authorize one full-time position in the Business Development Department
and adjust the General Fund, North Overton Tax Increment Finance
Reinvestment Zone and North Overton Public Improvement District
budgets accordingly. The new position will be a Business Development
Specialist to address the continued growth of business development in the
city, in the tax increment finance reinvestment zones (TIFs), and in the
public improvement districts (PIDs). The position will be funded 40%
from the General Fund, 40% from the North Overton TIF and 20% from
the North Overton PID. The budget will be increased as follows for salary,
benefits and one-time costs, with estimated revenues increased
accordingly:
Business Dev. North Overton TIF North Overton
PID
Salary and benefits $16,045 16,045 8,023
One-time items 3,220 0 0
5. Appropriate additional realized revenue of $118,554 from increased
assessments in the North Overton Public Improvement District and to
authorize increased expenses related to the addition of a portion of the
payroll/benefits of $8,023 for the Business Development Specialist
assigned to the PID (see item #4), $57,000 for security, $5,000 for lighting
and $48,531 for landscaping.
6. Appropriate additional realized revenue of $757,268 from increased
property tax revenues in the North Overton Tax Increment Finance
Reinvestment Zone and to authorize increased expenses related to the
addition of a portion of the payroll/benefits totaling $16,045 for the
Business Development Specialist (see item #4) and $19,362 for the Senior
Financial Analyst. The Senior Financial Analyst is currently funded 100%
from the General Fund. A portion of her time is spent working on TIF
related items, therefore a portion of her salary and benefits are being
shifted to the TIF. The remaining revenues will be used to reduce the
transfer from the Solid Waste Fund from $1,012,449 to $290,588.
7. Amend seven capital projects in the LP&L Fund budget for a net increase
of $1,855,624. Specific information regarding these projects is
competitive information protected under Chapter 552.133 of the Texas
Government Code.
FISCAL IMPACT
Included in Item Summary.
Staff recommended approval of the second reading of this ordinance.
5.12. Tariff Amendment Resolution - LP&L: Resolution No. 2006-R0245
amending Tariff Numbers 1.0, 1.1, 1.2, 1.3, and 1.4, Rates 1-7, Residential
Service and Vacant Service, of Lubbock Power & Light by eliminating
the early payment and bank draft discounts.
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RESOLUTION NO. 2006-RO245
WHEREAS, Lubbock Power & Light is the municipally owned electric utility of
the City of Lubbock; and
WHEREAS, pursuant to Section 40.055 of the Texas Utility Code and Article XII
of the Lubbock City Charter, the City Council of the City of Lubbock, as the governing
body of Lubbock Power & Light has exclusive jurisdiction to set all retail electric rates
applicable to services provided by Lubbock Power & Light; and
WHEREAS, Section 551.086 of the Texas Government Code authorizes the City
Council of the City of Lubbock, as the governing body of Lubbock Power & Light
regarding retail electric rates, to meet in executive session to discuss, vote and take final
action on a competitive matter of Lubbock Power & Light; and
WHEREAS, pursuant to Section 9-17(b) of the Code of Ordinances, City of
Lubbock, Texas, all rates to be charged for electric service provided by Lubbock Power
& Light shall be determined by the City Council of the City of Lubbock in a meeting
conducted pursuant to Section 551.086 of the Texas Government Code; and
WHEREAS, the City Council of the City of Lubbock implemented the current
rate and tariff structure for residential, commercial, industrial and other retail customers
of Lubbock Power & Light via Resolution No. 2001-R0103, as amended, the corpus of
which became effective October 8, 2001; and
WHEREAS, the City of Lubbock desires to amend the current rate and tariff
structure by amending Tariff Numbers 1.0, 1.1, 1.2, 1.3, and 1.4, Rates 1-7, Residential
Service and Vacant Service; and
WHEREAS, the City Council has determined in a meeting conducted pursuant to
Section 9-17(b) of the Code of Ordinances, City of Lubbock, Texas that the current rate
and tariff structure of Lubbock Power & Light should be amended to improve the
efficiency and competitiveness of the City's municipally owned electric utility; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT Tariff Numbers Tariff Numbers 1.0, 1.1, 1.2, 1.3, and 1.4, Rates 1-7,
Residential Service and Vacant Service are hereby amended by eliminating the two
percent (2%) discount for bills paid within sixteen (16) days after the mailing date with
such amendment to take effect on June 81h 2006.
2. THAT Tariff Numbers Tariff Numbers 1.0, 1.1, 1.2, 1.3, and 1.4, Rates 1-7,
Residential Service and Vacant Service are hereby amended by eliminating the one
percent (1 %) discount for bills paid by bank draft with such amendment to take effect on
the same date noted in Section 1 above.
3. THAT all terms and conditions of the rate and tariff structure of Resolution 2001-
R0103, as amended, including the general terms and conditions thereof, not specifically
amended by this resolution shall remain in full force and effect until the City Council of
the City of Lubbock authorizes amendment of such rate and tariff structure.
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Page 539
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Gary Zheng
Gary Zheng
Chief Executive Officer
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade, Natural Resources Attorney
The early payment discount provided by Lubbock Power & Light reduced
revenues by approximately $460,000 last year. This resolution will amend the
current rate and tariff structure of LP&L to improve the efficiency and
competitiveness of the City's municipally owned electric utility. The
residential service and vacant service rates are amended by eliminating the
two percent discount for bills paid within 16 days after the mailing date,
effective on June 1, 2006. These rates are also amended by eliminating the
one percent discount for bills paid by bank draft, effective on June 1, 2006.
FISCAL IMPACT
$460,000 annual savings.
5.13. Interlocal Agreement Resolution - Citibus: Resolution No. 2006-RO246
authorizing the Mayor to sign an interlocal agreement with TxDOT for
Citibus to deliver a Regional Coordination Public Transportation Service
Plan.
RESOLUTION NO.2006-RO246
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
with TXDOT for Citibus to deliver a Regional Coordination Public Transportation
Service Plan, 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 Council.
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Page 540
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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
A copy of the Agreement is filed with Resolution No. 2006-R0246.
In an effort to offset costs associated with planning for regionally coordinated
transportation, the Texas Department of Transportation has made planning
funds available. The City of Lubbock and Citibus requested $15,000, which
was approved. No local match is required for these funds. According to the
scope of services, the work performed in exchange for these funds must be
completed no later than December 1, 2006.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
5.14. Interlocal Agreement Resolution - Animal Control: Resolution No.
2006-RO247 authorizing the Mayor to execute an Interlocal Agreement
with Lynn County for animal control services.
RESOLUTION NO.2006-RO247
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 for
animal control services, by and between the City of Lubbock and Lynn County, and
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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Page 541
Passed by the City Council this Sth day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Department Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2006-R0247.
This interlocal agreement will allow the City of Lubbock to furnish Lynn
County with services related to the impoundment, quarantine, and
euthanization of animals. The Lynn County Judge and Lynn County
Commissioners signed and approved the agreement on May 9, 2006.
The City's Animal Services Division has stopped accepting animals from
entities outside the city limits unless such entity has entered into an interlocal
agreement approved by the City Council. Final passage of the new Animal
Ordinance #2006-00025 on March 8, 2006 approved a non-resident release
fee for agencies or individuals residing outside the city limits.
All citizens from outside the city limits will be referred back to their
respective jurisdictions to handle their unwanted animals unless a fee is paid.
Animal Services will verify proof of residency with a driver's license, utility
bill, etc. Animal Services will accept unwanted animals if the owner or
jurisdiction pays a fee and signs a waiver releasing ownership. This fee is $50
and covers a litter up to 12 weeks of age. Stray animals will always be
referred back to the jurisdiction where they were found.
Animal Services will agree to kennel or quarantine animals at a rate of $18 per
day, provide euthanasia for $25, and disposal services for $25. All fees are to
be paid at the time of service.
The term of the agreement shall be for one year from the date of execution of
the agreement and can be renewed for successive one-year terms under the
same terms and conditions, except for rate change, by mutual agreement of the
parties.
FISCAL IMPACT
$3,200 increase in annual revenue.
Staff recommended approval of this resolution.
5.15. This item was moved from consent agenda to regular agenda and
considered following Item 5.25.
5.16. This item was moved from consent agenda to regular agenda and
considered following Item 5.10.
5.17. Contract Amendment Resolution - Public Works Engineering:
Resolution No. 2006-RO248 authorizing the Mayor to execute Change
Order No. 2 to a contract with Allen Butler Construction, Inc. for 98th
Street paving and drainage improvements from Slide Road to Juneau
Avenue.
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Page 542
RESOLUTION NO. 2006-RO248
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Change Order #2 to the
Contract for 98th Street Paving and Drainage Improvements from Slide Road to Juneau
Avenue, ITB #05-150-13M, by and between the City of Lubbock and Allen Butler
Construction, Inc., and related documents. Said Change Order is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Change Order is filed with Resolution No. 2006-R0248.
This contract is for the construction of paving and drainage improvements on
98th Street and includes the construction of full width thoroughfare pavement
from Slide Road to Frankford Avenue, temporary strip paving improvements
from Frankford Avenue to Juneau Avenue, the portion of the South Lubbock
storm sewer system that extends from Slide Road to Juneau Avenue, and
another storm sewer line to drain two retention basins west of Frankford
Avenue eastward to Lake No. 93 located southwest of the Slide Road and 98th
Street intersection. This contract also includes remediation of backfill of a
utility line installed some years ago.
The original contract amount is $14,748,004.
Change Order # 1 was executed to add work associated with water line
relocation needed to continue water service to certain businesses at the Slide
Road and 98th Street intersection. Change Order # I was $23,863.
This Change Order # 2 increases work associated with the relocation of a
sewer line that was found to be in a location that conflicts with the work being
done. This sewer line was not shown on previous plans to be in conflict with
the work proposed on this project. However, when excavation for the utility
ditch remediation was underway, this sewer line was discovered to be in a
location that does conflict with removal of the existing sanitary sewer line,
removal of a manhole, plugging the line, and temporary pumping of the
sanitary sewer to a manhole until the sewer line can be replaced after
completion of the utility ditch remediation. The amount of Change Order # 2
is $73,918.
FISCAL IMPACT
A three percent contingency of $45,000 is included in the project budget in
anticipation of possible problems that come up during the construction of this
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Page 543
project. To date, change orders total $97,781, or 0.7% of this original contract
amount.
$18.7 million has been budgeted for this project and includes the amount
needed for the original contract design and construction engineering services,
and $450,000 for contingencies.
Staff recommended approval of this resolution.
Mayor Pro Tern Gilbreath recused himself.
5.18. Contract Resolution - Public Works Engineering: Resolution No.
2006-RO249 authorizing the Mayor to execute a contract with Allen
Butler Construction, Inc. for West End Place Phase II Paving and
Drainage Improvements, RFP 06-702-BM.
RESOLUTION NO.2006-RO249
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 with Allen Butler Construction, Inc., of
Ransom Canyon, Texas, and any associated documents, for construction of the West End
Place Phase II Paving and Drainage Improvements (RFP #06-702-BM), a copy of which
Contract is attached hereto and made a part hereof for all intents and purposes.
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lam Hertel
Larry Hertel, City Engineer
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 8th day of June, 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 Allen Butler Construction, Inc., of the City of Ransom Canyon, 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 #06-702-BMadl - WEST END PLACE PHASE Il PAVING AND DRAINAGE
IMPROVEMENTS - $820,535
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,
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Page 544
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. Allen Butler
Construction, Inc.'s bid dated May 23, 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.
CONTRACTOR
Allen Butler Construction, Inc.
By: /s/ Allen Butler
PRINTED NAME: Allen Butler
TITLE: President
COMPLETE ADDRESS:
Allen Butler Construction, Inc.
24 S. Lakeshore Dr.
Ransom Canyon, TX 79366
ATTEST:
/s/ Meralyn Butler
Corporate Secretary
CITY OF LUBBOCK, TEXAS
(OWNER)
By: /s/ David A. Miller
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/ John M. Knight
City Attorney
This project involves the construction and improvement of paved streets,
handicapped ramps, and drainage systems. The improvements are at the
following locations:
1. 20th Street from Juneau Avenue to Iola Avenue
2. 21 st Street from La Salle Avenue to Juneau Avenue
3. 23rd Street from La Salle Avenue to Juneau Avenue
4. 25th Street from La Salle Avenue to Iola Avenue
5. 26th Street from Kewanee Avenue to Iola Avenue
The low proposal is from Allen Butler Construction, Inc. in the amount of
$820,535. The funding sources are from federal HUD street paving funds in
the amount of $868,251.
FISCAL IMPACT
Paving and drainage improvements in this area will eliminate annual Street
Department maintenance of dirt streets and ditches.
Staff recommended approval of this resolution.
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5.19. Contract Resolution - Buddy Holly Center: Resolution No. 2006-RO250
for the construction of a visitor information center at Buddy Holly
Center, RFP 06-701-BM.
RESOLUTION NO.2006-RO250
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
construction of a visitor information center at Buddy Holly Center, RFP 06-701-BM, by
and between the City of Lubbock and Pharr and Company, 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 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney, Executive Director of Community Services
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 8th day of June, 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 Pharr & 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 #06-701-BM - CONSTRUCT VISITOR INFORMATION CENTER AT BUDDY
HOLLY CENTER - $221,000
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. Pharr &
Company's bid dated May 30, 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
Pharr & Company
By: /s/ Jimmy R. Pharr
PRINTED NAME: Jimmy R. Pharr
TITLE: Vice President
COMPLETE ADDRESS:
Pharr & Company
P.O. Box 2791
Lubbock, TX 79408
ATTEST:
/s/ Jackie Norrell
Corporate Secretary
CITY OF LUBBOCK, TEXAS
(OWNER)
By: /s/ David A. Miller
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Freddy Chavez
Owner's Representative
/s/ Nancy Haney
Director
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
The Tourism Research, Strategic Organization and Marketing Plan, conducted
for the Lubbock Convention & Visitors Bureau in 2004, recommended the
establishment of a staffed visitor center at a gateway leading into town to
greet visitors and market the many activities and venues available for visitors
in Lubbock. The intersection of Interstate Highway 27 and 19th Street meets
the criteria as a gateway to Lubbock and placement of a Visitor Information
Center in this general vicinity will better serve visitors to Lubbock and
provide a resource center for Lubbock citizens. Various locations were
evaluated and it was determined that utilizing space within the existing Buddy
Holly Center best meets the direction recommended by the study. In the
summer of 2005, the Silent Wings Museum and the Buddy Holly Center were
merged under one management team. This has allowed for the sharing of
similar resources, which includes staff and equipment. The Silent Wings
Museum is fortunate to have a large space in which museum displays can be
prepared for exhibition. These situations will allow for renovation of storage
area and display preparation space at the Buddy Holly Center for the purpose
of housing the Visitor Information Center. The items currently stored in these
spaces will be relocated to the Silent Wings Museum and/or exterior storage
buildings and preparation of displays will be conducted at the Silent Wings
Museum. The Visitor Information Center will provide the latest information
on attractions, events, shopping, lodging, etc. to visitors. It will also provide
Internet access, weather information, and an opportunity for travelers to relax.
As part of the Buddy Holly Center facility, the Visitor Information Center will
provide the opportunity for visitors to experience fine art exhibits and
memorabilia associated with Buddy Holly.
The City solicited a competitive sealed proposals process for this project.
Following evaluation of the proposals, the evaluation committee
recommended Pharr and Company of Lubbock, Texas as the contractor. The
cost of the renovations is $221,000.
The evaluation committee ranked the respondents to the RFP as follows:
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Page 547
Pharr and Company of Lubbock, Tx 94.7
Minnix Construction of Lubbock, Tx 85.5
Proposals were evaluated based on relevant company information and
experience, 30%; personnel, 30%; and cost, 40%.
FISCAL IMPACT
A total of $250,000 was appropriated with $225,000 available from Hotel
Occupancy Tax revenue for this project. An additional $60,000 is requested in
budget amendment # 18.
Staff recommended contract award to Pharr and Company of Lubbock, Texas
for $221,000.
5.20. Contract Resolution - Parks and Recreation: Resolution No. 2006-RO251
awarding contract for fertilizer application for various parks, Cemetery,
and Alex "Ty" Cooke LP&L Plant, BID # 06-039-MA.
RESOLUTION NO.2006-RO251
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 fertilizer
application, per ITB 06-039-MA, by and between the City of Lubbock and Kitten
Fertilizer & Supply of Slaton, 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 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell
Director of Community Service
APPROVED AS TO FORM:
/s/ John M. Knight
John Knight
Assistant City Attorney
A copy of the contract is filed with Resolution No. 2006-RO251.
This project involves two applications of fertilizer on various parks and
properties, two applications on the Alex "Ty" Cooke LP&L plant, and one
application on the City of Lubbock Cemetery during the 2006 season. The
City of Lubbock Cemetery application will cover 160 acres and the LP&L
plant application will cover 15 acres per application.
FISCAL IMPACT
Funding for two fertilizer applications for the Parks and Recreation
Department will include $70,928 funded from the Park Maintenance
Operation Budget. Funding for one fertilizer application for the cemetery will
include $5,606 funded from the Cemetery Operation Budget. Funding for two
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fertilizer applications for the Cooke LP&L Plant will include $1,051 funded
from funds allocated from the LP&L Operation Budget.
Staff recommended bid award to Kitten Fertilizer and Supply of Slaton, Texas
for $77,084.
5.21. Contract Resolution - City Attorney's Office: Consider a resolution
extending a professional services contract with Don Vandiver, former
First Assistant City Attorney, for "of counsel" legal services.
This item was deleted.
5.22. Contract Resolution - City Manager's Office: Resolution No. 2006-RO252
authorizing the Mayor to approve a joint gas purchase contract between
the City of Lubbock and Texas Municipal Gas Corporation II (TMGC II)
and the City of La Grange for the purchase of natural gas for use in
municipal buildings and facilities.
RESOLUTION NO. 2006-RO252
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 joint gas purchase contract
between the City of Lubbock and Texas Municipal Gas Corporation II (TMGC II) and
the City of La Grange for the purchase of natural gas for use in municipal buildings and
facilities 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 8th day of June, 2006.
/S/ DAVID A. MILLER
David A Miller, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/Matthew L. Wade
Matthew L. Wade
Natural Resources Attorney
A copy of the joint gas purchase contract is filed with Resolution No. 2006-R0252.
This 20-year gas swap contract will allow the City of Lubbock to purchase gas
for municipal building use from TMGC II at competitive market rates, and
receive a discount on the price of gas. This contract is very similar to the
current 20-year contract executed with TMGC I in 1998. The TMGC II
contract supplements the TMGC I contract and provides more flexibility for
gas acquisition and ensures a reliable gas supply for the term of the
agreement. Execution of the TMGC II purchase contract by June 30, 2006 will
"grandfather" the City of Lubbock as an "Other Charter Buyer", which
guarantees Lubbock the same priority allocation status as in TMGC I and
increases Lubbock's participation if any future rebates by TMGC II should
rebates occur. It is anticipated that no more natural gas will be purchased by
TMGC I, and current gas supplies will be exhausted by 2007. Executing an
Regular City Council Meeting
June 8, 2006
Page 549
agreement with TMGC II will ensure an uninterrupted municipal gas supply
and no changes in operation or delivery.
The discount received by the City of Lubbock under TMGC II is not
guaranteed and may be reduced or discontinued in its entirety.
TMGC II does not actually deliver any gas physically to the City of Lubbock.
Instead, an exchange occurs with other gas suppliers and the City of Lubbock
is credited against those other suppliers with the amount of gas exchanged
with TMGC.
Finally, it is arguable that this contract could be read as a full requirements
gas contract. Representatives from TMGC have stated and continue to state
that the contract is not a full requirements contract and that the City of
Lubbock could change their nomination to zero but they have refused to
change the language clarifying this issue.
FISCAL IMPACT
The City's municipal facilities' cost of gas is reduced.
Staff recommended approval of this resolution.
5.23. This item was moved from consent agenda to regular agenda and
considered following Item 5.16.
5.24. This item was moved from consent agenda to regular agenda and
considered following Item 5.23.
5.25. Purchase Resolution - Fleet Services: Resolution No. 2006-R0253;
Resolution No. 2006-R0254; Resolution No. 2006-R0255; Resolution No.
2006-110256; Resolution No. 2006-R0257; Resolution No. 2006-R0258;
Resolution No. 2006-R0259; Resolution No. 2006-R0260; Resolution No.
2006-R0261; Resolution No. 2006-R0262; Resolution No. 2006-R0263; for
the purchase of heavy duty vehicles and equipment, BID # 06-016-MA.
RESOLUTION NO.2006-RO253
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for one (1)
truck tractor; four (4) 28,000 lbs crew cab and chassis; one (1) 56,000 lbs motor truck cab
and chassis; and one (1) 46,000 lbs, single rear axle chassis, right hand drive, by and
between the City of Lubbock and Robert's Truck Center of Lubbock, Texas, and related
documents. Said Purchase Order is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
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Regular City Council Meeting
June 8, 2006
Page 550
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-RO253
RESOLUTION NO.2006-RO254
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for one (1)
56,000 lbs motor truck cab and chassis and eleven (11) 56,000 lbs cab and chassis, by
and between the City of Lubbock and Lubbock Truck Sales of Lubbock, Texas, and
related documents. Said Purchase Order is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-RO254
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Regular City Council Meeting
June 8, 2006
Page 551
RESOLUTION NO.2006-RO255
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for one (1)
four wheel mechanical sweeper, by and between the City of Lubbock and Kinloch
Equipment and Supply of Arlington, Texas, and related documents. Said Purchase Order
is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-RO255
RESOLUTION NO.2006-RO256
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for one (1)
twin engine push pull scraper; and one (1) tractor cab with attached water tanker, by and
between the City of Lubbock and Warren Cat of Lubbock, Texas, and related documents.
Said Purchase Order is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 80' day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
%s/ John M. Knigth
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Page 552
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0256.
RESOLUTION NO.2006-RO257
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for three
(3) tractor backhoes with front end loader 18 feet digging depth, by and between the City
of Lubbock and Scott Tractor and Equipment of Lubbock, Texas, and related documents.
Said Purchase Order is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 81h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0257.
RESOLUTION NO.2006-RO258
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for one (1)
motor grader 80 horsepower, by and between the City of Lubbock and Bee Equipment
Sales, LTD of Lubbock, Texas, and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
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Regular City Council Meeting
June 8, 2006
Page 553
Passed by the City Council this Sth day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0258.
RESOLUTION NO.2006-RO259
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for one (1)
Slurry Spray Unit Wheel Mounted, by and between the City of Lubbock and Finish Line
Supply, Inc. of Colleyville, Texas, and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 8t' day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0259.
RESOLUTION NO.2006-RO260
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for one (1)
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June 8, 2006
Page 554
mower rotary with liftable wings towed per spec #NV-G-05 and ITB #06-016-MA, by
and between the City of Lubbock and Hall Manufacturing, Inc. of North Little Rock,
AR., and related documents. Said Purchase Order is attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0260.
RESOLUTIONNO. 2006-RO261
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for one (1)
utility vehicle 6x4 open bed off road, by and between the City of Lubbock and Jones
Equipment and Turf, Inc. of Fort Worth, Texas, and related documents. Said Purchase
Order is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0261.
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Regular City Council Meeting
June 8, 2006
Page 555
RESOLUTION NO.2006-RO262
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for two
(2) bottom dump trailers and four (4) bottom dump trailers, by and between the City of
Lubbock and American Equipment and Trailer, Inc. of Lubbock, Texas, and related
documents. Said Purchase Order is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0262.
RESOLUTION NO.2006-RO263
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for one (1)
trailer, utility, enclosed body, 12 feet bed; one (1) 12 cubic yard dump body, with
hydraulic hoist; and one (1) 18 cubic yard dump body, by and between the City of
Lubbock and J and B Trailers and Equipment, Inc. of Lubbock, Texas, and related
documents. Said Purchase Order is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
555
Regular City Council Meeting
June 8, 2006
Page 556
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0263.
This bid is for the purchase of heavy duty vehicles and equipment for Solid
Waste Disposal (1 right hand drive cab and chassis and 11 cab and chassis for
trash compactor bodies); Street Department Unpaved Streets (1 motor grader
and 2 bottom dump trailers); Solid Waste Landfill (1 water tanker truck, 1 cab
and chassis for a dump body, 1 dump body, 1 slurry spray unit, 1 push-pull
scraper, 1 rotary mower, and 1 utility vehicle); Water Utilities Pipeline
Maintenance (4 crew cab and chassis and 3 tractor backhoes); Water Utilities
Water Production (1 cab and chassis and 1 dump body); Water Utilities Water
Reclamation (1 fifth -wheel tractor truck and 4 bottom dump trailers); and
Street Department Street Cleaning (1 street sweeper and 1 utility trailer).
Bids from Robert's Truck Center for items 3 and 5 shown on the Bid
Tabulation Analysis did not meet the maximum 32 foot turning radius
specified by the Solid Waste Department. The cab and chassis from Robert's
Truck Center has a 35 foot turning radius.
FISCAL IMPACT
Fleet replacement vehicles and equipment are purchased through the Master
Lease program. The approved list of vehicles and equipment are adopted with
the Capital Improvement Program. These vehicles and equipment were
approved as part of the FY 2004-05 and FY 2005-06 Master Lease Program.
The Master Lease annual payment is budgeted within each fund. Master lease
funds for vehicles that could not be acquired within last fiscal year were
carried over into the new fiscal year. This occurs due to time constraints and
availability issues.
Staff recommended bid award to American Equipment and Trailer of
Lubbock, Texas for $198,300; Bee Equipment Sales of Lubbock, Texas for
$99,330; Finishline Supply of Colleyville, Texas for $39,139; Hall
Manufacturing of Little Rock, Arkansas for $12,800; J&B Trailers and
Equipment of Lubbock, Texas for $43,850; Jones Equipment & Turf of Fort
Worth, Texas for $12,179; Kinloch Equipment & Supply of Arlington, Texas
for $157,479; Lubbock Truck Sales of Lubbock, Texas for $777,340; Roberts
Truck Center of Lubbock, Texas for $484,413; Scott Tractor & Equipment of
Lubbock, Texas for $215,850; and Warren Cat of Lubbock, Texas for
$946,152.
556
Regular City Council Meeting
June 8, 2006
Page 557
6. REGULAR AGENDA
5.15. Contract Amendment Resolution - Water Utilities: Consider a resolution
authorizing the Mayor to execute a contract amendment with Malcolm
Pirnie amending the Scope of Services for the Water and Sewer Rate
Study.
The purpose of this amendment is to revise the scope of work to include
recently completed financial plan and rate analysis, known as the RGA study.
The new rates will be designed to obtain revenues sufficient to support the
Utility's five-year financial plan while encouraging efficient water use or
conservation. A scope of work has been provided describing the tasks
involved in this rate update and project deliverables. The rate update will
involve five meetings. one of which will be a formal presentation to the City
Council.
FISCAL IMPACT
The current contract amount is $151,875. The cost of the rate update will not
exceed $53,000; this includes travel, meals, and all expenses. This amendment
will increase the contract amount by $53,000 to complete the tasks outlined in
the revised scope of work.
Staff recommended approval of this resolution.
Deputy City Manager Tom Adams and Chief Financial Officer Jeff Yates
gave comments and answered questions from Council. After further
discussion, consensus from Council was to refer this item back to the Water
Commission for their input and recommendation, and then bring it back to
Council.
No action was taken on this item.
5.7. Contract Resolution - Planning: Resolution No. 2006-RO264 authorizing
the Mayor to sign a contract with property owners located north and east
of 98th Street and Avenue P with regard to not being annexed for a ten
year period.
RESOLUTION NO.2006-RO264
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 Development Agreement
with certain owners of property north of 981h Street near Avenue P in lieu of annexation
of said property 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 Council.
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Henson
Randy Henson,
Director of Planning
APPROVED AS TO FORM:
/s/ Linda L. Chamales
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Regular City Council Meeting
June 8, 2006
Page 558
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2006-R0264.
The Council has approved the annexation (Item 5.8 on this agenda) on first
reading. The staff recommended approval of annexing the entire area with the
understanding that a portion north of 98th Street and east of Avenue P will be
excluded from the proposed annexation if the residents successfully
accomplished the creation of a contract allowed by state law, and presented
the document with the signatures of all of the parties. The staff is researching
the possibility of having the City Council approve the second reading, _
however that will not be effective until the completed document is presented
for recording at the County Courthouse. At present, the opinion is that the
document will be ready by June 6.
FISCAL IMPACT
No fiscal impact.
The staff recommended adoption of the annexation ordinance exclusive of the
property north of 98th Street and east of Avenue P subject to a signed contract
in hand or an acceptable alternative. Should neither be available, the staff
recommended continuance to the second June Council meeting.
Randy Henson, Director of Planning, gave comments and answered questions
from Council.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Price to pass Resolution No. 2006-RO264 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.8. Annexation Ordinance 2nd Reading - Planning: Ordinance No.
2006-00067 Consider an ordinance for annexation of an area located in
the vicinity of 98th Street and Avenue P. A common name for this
annexation is the Stonebridge Community annexation.
ORDINANCE NO.2006-00067
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT
TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS, WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND
ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON
EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS
ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE
THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The owner of a parcel south of 98th Street (at 100th Street) and west of
Avenue P, already approved as a plat (Stonebridge Community) in
anticipation of annexation, is requesting the area be annexed. To comply with
annexation policy of the Comprehensive Land Use Plan, staff is asking City
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 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". At present, all the land is
vacant 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 be filling out 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.
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Page 559
Several owners in the area northeast of 98th Street and Avenue P have
requested a contract in lieu of annexation.
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.
The Planning Department staff recommended annexation of the entire area.
Randy Henson, Director of Planning, gave comments and answered questions
from Council.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Price to pass on second and final reading Ordinance No.
2006-00067 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.10. Amendment Ordinance 2nd Reading - Planning: Ordinance No.
2006-00069 Consider an ordinance amending Chapter 24 at Articles IV,
VI, and VII of the Code of Ordinances entitled Streets and Sidewalks
regarding the repair and protection of brick streets and alleys; Amending
Chapter 29, Section 25 entitled Historical Preservation and Urban Design
District to protect brick streets and alleys and to set up a review process
for their removal; providing a penalty; providing a savings clause and
providing for publication.
ORDINANCE NO.2006-00069
AN ORDINANCE AMENDING CHAPTER 24 AT ARTICLES IV, VI, AND
VII OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS
ENTITLED "STREETS AND SIDEWALKS" REGARDING THE REPAIR AND
PROTECTION OF BRICK STREETS AND ALLEYS; AMENDING CHAPTER 29,
SECTION 25 ENTITLED "HISTORICAL PRESERVATION AND URBAN DESIGN
DISTRICT" TO PROTECT BRICK STREETS AND ALLEYS AND TO SET UP A
REVIEW PROCESS FOR THEIR REMOVAL; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
More than 12 miles of Lubbock's 997 miles of paved streets are historic
remnants of the City's earliest paving projects. These streets, primarily in
downtown Lubbock, are surfaced with paving brick installed between 1920
and 1930. The projects were initiated by the Lubbock City Commission
during a period of rapid growth in Lubbock's history, and were part of the
City government's effort to modernize the community and encourage
economic growth.
The brick streets are lined with paving brick manufactured by the Thurber
Brick Company of Thurber, Texas. Panhandle Construction Company of
Lubbock installed all of Lubbock's brick streets, as well as many miles of
asphalt paving, during the company's history.
The streets are exceptionally durable, as most consist of a four to six inch
thick concrete base, a sand cushion, and a layer of two and one-half inch thick
vitrified, or hard fired, paving brick with joints sealed by hot tar. Vitrified
brick is an extremely dense product and each brick weighs several pounds.
Brick streets have provided a durable and long lasting pavement for
downtown Lubbock. Many segments have carried heavy traffic for more than
85 years with little required maintenance. Unfortunately, improper repairs to
utility cuts and other disturbances caused most of the damage on Lubbock's
brick streets. From 1930 to 1980, filling areas with hot mix or asphalt instead
of proper repair of the concrete base led to subsidence and failure.
In the mid-1970s, Lubbock citizens began to recognize historic preservation
as an aspect of community pride and downtown stabilization. Broadway and
its brick street surface was the centerpiece of preservation efforts. The City
Council authorized the repair of several blocks of Broadway, including the
bricking of the former esplanade west of Avenue Q. At the same time, the
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City's remaining brick streets were becoming a quilt of asphalt and concrete
patches.
In February 1982, City Council passed Resolution 1024 protecting brick
streets on the recommendation of the Urban Design and Historic Preservation
Commission and the Planning and Zoning Commission. Recognizing that
brick streets are a part of the heritage of Lubbock and that preservation of this
heritage will benefit existing and future generations of Lubbock citizens, City
Council directed that any portion of any brick street surface disturbed by any
public or private agency for whatever reason be replaced in a manner
consistent with original construction.
Street Engineering prepared brick repair details for use by utility companies
and their contractors, and utility cuts and other disturbances since that time
have been repaired in a manner that maintains the integrity of the brick
surface and subsurface. Over the years, as funding and brick supplies allow,
the Street Department has repaired some of the damage from previous years.
Recent developments in North Overton, including consolidation of former
residential areas into "super blocks" led to a new drainage plan for the area.
The plan requires such a radical change of grade on loth Street that most of
the street will have to be removed and reconstructed. A re-examination of the
policy set by resolution generated this effort to determine more specific
procedures and to adopt the results by ordinance.
The Planning Department staff, with consultation from the City Engineer,
developed several general concepts based on the belief that the City should
maintain existing brick streets in most cases. The Urban Design and Historic
Preservation Commission reviewed and modified these recommendations at
its May 11, 2006, meeting. The Commission recommended that the
appropriate ordinances be amended to:
1. Provide continued protection of brick streets and alleys by requiring
appropriate repairs as outlined in the 1982 resolution and the repair details
prepared by Streets Engineering. The continued structural integrity of
brick streets depends on proper maintenance.
2. Specify that all bricks salvaged from any removal or repair will remain the
property of the City of Lubbock.
3. Specify a review process for removal that allows the Urban Design and
Historic Preservation Commission determination, with appeal to the City
Council, using the same concept of review and appeal that currently
governs Lubbock Historic Landmark Certificates of Appropriateness.
To meet these objectives, four sections of the Code of Ordinances must be
amended. A section concerning preservation of brick streets as a historic
preservation issue is to be added to Section 29-25: Historical Preservation and
Urban Design District. Three sections of Section 24: Streets and Sidewalks
will be affected. Article IV: Installation of Utility Mains, Feeders and
Conduits will be revised to include the brick street repair details, and Article
VI: Paving Streets, and Article VII: Paving Alleys, will also be amended to
include brick paving issues. All three will refer to Section 29-25. Every
existing brick street or alley surface will be governed by the standards for
appropriate repair unless circumstances warrant that a section of street be
removed or replaced.
The Urban Design Commission also recognizes that occasionally conditions
may indicate a need for removal of a designated brick street surface, and that
the Commission would review such circumstances under the procedures
proposed in Section 29-25. Any ruling of the Urban Design Commission
could be appealed to the City Council.
The Commission indicated an understanding that circumstances leading to a
need for removal might include a major reconstruction of the street due to
drainage issues or a reconfiguration of streets due to aggregation of property
for redevelopment. In making a determination concerning removal of brick
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Page 561
streets, the Commission agreed to consider one or more of the following
factors, plus any other information presented at the time of the request:
1. Adjacent to historic or potentially historic buildings,
2. Majority of the brick surface intact,
3. Importance to neighborhood history,
4. Importance to downtown redevelopment efforts, and
5. Structural condition/indications for long-term stability.
At the staff s request, the Commission used the above criteria to review the
proposed removal of IOth Street from Avenue V to Avenue Q. After
discussion of the above factors, the Commission recommended that IOth
Street be removed and replaced with a new asphalt or concrete street so the
bricks can be salvaged and reused for repairs in other areas. Discussion
included increasing the present program of repair of previously patched areas,
bricking areas along Buddy Holly Avenue, and providing historic brick in the
areas disturbed for new water lines downtown.
FISCAL IMPACT
This is merely a codification and expansion of an existing policy, moving it
from resolution to ordinance. Broadway Brick Repairs Capital Project
includes $900,000 for repairs on Broadway. Expansion of that program into
other areas of downtown Lubbock as suggested by the Urban Design and
Historic Preservation Commission will require additional funding.
Staff supports the recommendation of the Urban Design and Historic
Preservation Commission.
Salle Abbe, Geographic Information Systems Manager, and City Manager Lee
Ann Dumbauld gave comments and answered questions from Council.
Motion was made by Council Member Jones, seconded by Council Member
Boren to pass on second and final reading Ordinance No. 2006-00069 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.16. Contract Amendment Resolution - Public Works Engineering:
Resolution No. 2006-RO265 authorizing the Mayor to execute
Amendment No. 2 to an agreement with HNTB Corporation for
engineering services related to environmental documents for the
Northwest Passage Project.
RESOLUTION NO.2006-RO265
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 #2, effective
April 18, 2006, to an Agreement between the City of Lubbock and HNTB Corporation
for engineering services related to the environmental documents for the Northwest
Passage Project. Said Amendment #2 is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
561
Regular City Council Meeting
June 8, 2006
Page 562
Passed by the City Council this 8th day of June 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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
A copy of the Amendment #2 is filed with Resolution No. 2006-R0265.
This engineering services agreement was originally for the advanced planning
needed for the Northwest Passage project, including the environmental
document. Items such as public participation, traffic studies, schematic
preparation, historic site investigation, etc. are included in the preparation of
the environmental document. The environmental document is required if
there are state or federal funding that would be used on the project or if the
project included any state or federal designated highways. The Northwest
Passage project includes proposed improvements on Loop 289 and on 4th
Street, both State designated roadways.
Amendment No. 1 extended the time of the Agreement for advanced planning
services from October 11, 2005 to April 19, 2006, based on the anticipated
timelines of receiving approval of the environmental document. Amendment
No. 1 also authorized HNTB to perform detailed design work for Slide Road
from Loop 289 north to Erskine, and for Erskine from Frankford east to Salem
Avenue.
Amendment No. 2 extends the time of the agreement from April 18, 2006 to
December 31, 2006. Amendment No. 1 had an expiration date of April 19,
2006.
The extension of time on this Agreement is necessary because the
environmental document review has still not been completed by the Texas
Department of Transportation and the Federal Highway Administration. A
final public hearing will be scheduled once this final review is completed.
Additional revisions may be required to the document following the public
hearing as a result of the public input. Indications are that the public hearing
may be ready to be scheduled during July or August of this year.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
Civil Engineer Keith Smith and City Manager Lee Ann Dumbauld gave
comments and answered questions from Council. Council Member Gilbreath
suggested this item be put on the next Transportation Policy meeting agenda
to assist in expediting the process.
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Regular City Council Meeting
June 8, 2006
Page 563
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2006-RO265 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.23. Purchase Resolution - Parks and Recreation: Resolution No. 2006-RO266
authorizing the purchase of a lift station to serve the new restroom
facility at Mackenzie Park Amphitheater.
RESOLUTION NO.2006-RO266
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 purchase
of a lift station for Mackenzie Amphitheatre, by and between the City of Lubbock and
J&L Equipment, 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 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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-R0266.
One prepackaged sewer lift station is required to provide sewer service for the
restrooms at the new Mackenzie Park Amphitheater. The lift station is
scheduled to be installed prior to the grand opening scheduled for August 11,
2006.
The lift station will be purchased using a sole source justification to ensure
Flygt brand pumps, controllers, and accessories are used and assembled into a
system that meets the design specifications. The Flygt brand pumps and
controllers are reliable and economical to maintain and have become the
standard equipment that are specified and purchased for the lift stations
maintained by the City's Water Department. Other brand pumps and
controllers do not meet the City's mechanical and electrical maintenance
requirements.
The lift station will contain two Flygt grinder pumps, an electrical control
panel and a fiberglass wet well. Flygt sells their products through authorized
dealers within protected territories. J&L Equipment from Plainview, Texas is
the assigned authorized dealer for Lubbock. J&L Equipment will assemble the
Flygt pumps and components within the fiberglass wet well to ensure a lift
station that meets the design specifications.
563
Regular City Council Meeting
June 8, 2006
Page 564
FISCAL IMPACT
Wastewater will fund within appropriated budget.
Staff recommended purchase from J&L Equipment of Canyon, Texas for
$40,235.
Scott Snider, Director of Human Resources; Randy Truesdell, Director of
Community Services; Wood Franklin, Interim Chief Engineer for Water
Utilities; and Lee Ann Dumbauld, City Manager, gave comments and
answered questions from Council.
Motion was made by Council Member Jones, seconded by Council Member
Price to pass Resolution No. 2006-RO266 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.24. Purchase Resolution - Police: Resolution No. 2006-RO267 for the
purchase of Lubbock Police Department motorcycles.
RESOLUTION NO.2006-RO267
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of the property described as two
motorcycles, as more particularly described in that certain Purchase Order (the
"Property"), to Wild West Harley Davidson of Lubbock, Texas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Interim Purchasing Manager or his/her designee, BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock any and all
purchase orders and related documents regarding the purchase of the Property.
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude Jones
Claude Jones
Chief of Police
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R00267.
The Police Department has leased Harley-Davidson FLHPI, Road King Police
motorcycles form the locale Harley-Davidson dealer for the past six years.
These motorcycles must be taken out of service periodically for routine
maintenance. Occasionally, they must be out of service for extended periods
for extensive repair. During this time, officers assigned to these motorcycles
are also out of service themselves or must use spare cars.
The Police Department has determined it will be more efficient to purchase
two used motorcycles to use as spares. This will enable officers to stay in
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Regular City Council Meeting
June 8, 2006
Page 565
service while their assigned motorcycles are in for repair. It is important that
the spare motorcycles be the same make and model and be equipped the same
as the leased motorcycles. This will allow standardization so that officers
continue riding motorcycles that operate and respond identically to the
motorcycles they ride daily. This will preclude any safety issues associated
with changing from one make and model of motorcycle to another, unfamiliar,
and make and model.
Wild West Harley-Davidson is the only regional Harley-Davidson motorcycle
dealer and is the only vendor that can provide used motorcycles equipped and
marked identically to the ones Lubbock Police motorcycles officers ride daily.
FISCAL IMPACT
A total of $26,528 is available in account 5735.9220
Staff recommended purchase of used motorcycles from Wild West
Harley-Davidson of Lubbock, Texas for $26,528.
Council Member Boren recognized all public safety officers for the great job
they do.
Motion was made by Council Member Boren, seconded by Council Member
Jones to pass Resolution No. 2006-RO267 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.1. Board Appointments - City Secretary: Consider one appointment to
North Overton Tax Increment Financing Reinvestment Zone Board of
Directors, one appointment to Lubbock Economic Development Alliance,
Inc., one appointment to Market Lubbock Inc. Board of Directors, and
three appointments to the Transportation Policy Committee of the
Lubbock Metropolitan Planning Organization.
Motion was made by Council Member DeLeon, seconded by Mayor Pro Tern
Gilbreath to appoint Carolyn McDougal to the North Overton Tax Increment
financing Reinvestment Zone Board of Directors. Motion carried: 7 Ayes, 0
Nays.
Motion was made by Council Member Jones, seconded by Council Member
Boren to appoint Tom Martin, John Leonard, III, and Jim Gilbreath to the
Transportation Policy Committee of the Lubbock Metropolitan Planning
Organization. Motion carried: 7 Ayes, 0 Nays.
Council Member Leonard nominated Mike McDougal, and Council Member
Gilbreath nominated Dan Pope for the Lubbock Economic Development
Alliance, Inc. Board and the Market Lubbock Inc. Board of Directors. Motion
was made by Council Member Price, seconded by Mayor Pro Tern Gilbreath
to close the nominations. Motion carried: 7 Ayes, 0 Nays.
Votes were taken for each, as follows:
Mike McDougal — 4 Ayes (Council Members Price, DeLeon, Jones, and
Leonard)
Dan Pope — 3 Ayes (Mayor Miller, Mayor Pro Tern Gilbreath, and Council
Member Boren)
Motion was made by Council Member Price, seconded by Mayor Pro Tern
Gilbreath to appoint Mike -McDougal to the Lubbock Economic Development
Alliance, Inc Board. Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member Price, seconded by Mayor Pro Tern
Gilbreath to appoint Mike McDougal to the Market Lubbock Inc. board of
Directors. Motion carried: 7 Ayes, 0 Nays.
6.2. Funding Recommendation Resolutions - Community Development:
Consider 31 resolutions on the Community Development and Services
Board funding recommendations for the Community Development Block
Grant, HOME Investment Partnership Program, and the Emergency
Shelter Grant for FY 2006-07.
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Regular City Council Meeting
June 8, 2006
Page 566
A Public Hearing was held on May 25, 2006, for consideration of the
Community Development Service Board recommendations for the program
funding of the FY 2006-07 Community Development Block Grant, Home
Investment Partnership, Emergency Shelter Grant, and previously generated
program income.
The U.S. Department of Housing and Urban Development has informed the
City that it is eligible to receive a FY 2006-07 consolidated formula
allocation. These funds, plus previously generated program income, bring the
total available for allocation to $4,091,568. This year the City received 38
applications for CDBG, HOME, and ESG funds with requested amounts
totaling over $6.5 million dollars.
Lubbock citizens participated in this year's funding process through the
activities of the Community Development and Services Board. In making
recommendations, the Community Development and Services Board kept in
mind the goals of the City Council and the Consolidated Plan priorities.
The recommendations of the Community Development Service Board for
spending federal dollars have been published since May 7, 2006. The Public
Hearing held on May 25, 2006 allowed citizens to directly participate by
addressing the City Council with comments.
Consider approval of the proposal for the Lubbock Boys & Girls Clubs
Summer Program and all related documents to the U.S. Department of
Housing and Urban Development under the Community Development Block
Grant (CDBG) Program. Resolution No. 2006-RO268
RESOLUTION NO.2006-RO268
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Lubbock Boys & Girls Clubs Summer Day Camps Program from the
Community Development Block Grant (CDBG) Program, and all related documents.
Said proposal 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 81h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0268.
Consider approval of the proposal for the Citibus Paratransit Program and all
related documents to the U.S. Department of Housing and Urban
Development under the CDBG Program. Resolution No. 2006-RO269
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Regular City Council Meeting
June 8, 2006
Page 567
RESOLUTION NO. 2006-RO269
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Citibus Paratransit Program from the Community Development Block
Grant (CDBG) Program, and all related documents. Said proposal 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 Bch day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0269.
Consider approval of the proposal for the City of Lubbock Parks Summer
Satellite Program and all related documents to the U.S. Department of
Housing and Urban Development under the CDBG Program. Resolution No.
2006-RO270
RESOLUTION NO.2006-RO270
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL Parks Summer Satellite Program from the Community
Development Block Grant (CDBG) Program, and all related documents. Said proposal
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.
567
Regular City Council Meeting
June 8, 2006
Page 568
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 proposal is filed with Resolution No. 2006-R0270.
Consider approval of the proposal for the Communities in
Expansion Program and all related documents to the U.S.
Housing and Urban Development under the CDBG Program.
2006-RO271
RESOLUTION NO.2006-RO271
Schools Path to
Department of
Resolution No.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Community in Schools Path to Expansion Program from the Community
Development Block Grant (CDBG) Program, and all related documents. Said proposal 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 8`h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton, Jr.
Bill Howerton, Jr.
Director of Community Development
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-RO271.
Regular City Council Meeting
June 8, 2006
Page 569
Consider approval of the proposal for the Work Source Child Care Assistance
Program and all related documents to the U.S. Department of Housing and
Urban Development under the CDBG Program. Resolution No. 2006-RO272
Council Member Boren recused himself on this proposal.
RESOLUTION NO.2006-RO272
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the proposal for
the Work Source Child Care Assistance Program from the Community Development
Block Grant (CDBG) Program, and all related documents. Said proposal 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 81h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 proposal is filed with Resolution No. 2006-R0272.
Consider approval of the proposal for the Young Women's Christian
Association Child Care Services Program and the Young Women's Christian
Association Challenger ED Program and all related documents to the U.S.
Department of Housing and Urban Development under the CDBG Program.
Resolution No. 2006-RO273
RESOLUTION NO.2006-RO273
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Young Women's Christian Association Challenger ED Program and the
Young Women's Christian Association Child Care Services Program from the
Community Development Block Grant (CDBG) Program, and all related documents.
Said proposal 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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Regular City Council Meeting
June 8, 2006
Page 570
Passed by the City Council this Bch day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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/ Amv L. Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0273.
Consider approval of the proposal for the Family Promise Facility Rehab
Program and all related documents to the U.S. Department of Housing and
Urban Development under the CDBG Program. Resolution No. 2006-RO274
RESOLUTION NO.2006-RO274
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Family Promise Facility Rehab Program from the Community
Development Block Grant. (CDBG) Program, and all related documents. Said proposal 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 Bch day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 proposal is filed with Resolution No. 2006-RO274
570
Regular City Council Meeting
June 8, 2006
Page 571
Consider approval of the proposal for the City of Lubbock Community
Development Economic Development Program and all related documents to
the U.S. Department of Housing and Urban Development under the CDBG
Program. Resolution No. 2006-RO275
RESOLUTION NO.2006-RO275
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL Community Development Economic Development Program from
the Community Development Block Grant (CDBG) Program, and all related documents.
Said proposal 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 8t' day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 proposal is filed with Resolution No. 2006-R0275.
Consider approval of the proposal for the City of Lubbock Community
Development Barrier Free Program and all related documents to the U.S.
Department of Housing and Urban Development under the CDBG Program.
Resolution No. 2006-RO276
RESOLUTION NO.2006-RO276
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the proposal for
the COL Community Development Barrier Free Program from the Community
Development Block Grant (CDBG) Program, and all related documents. Said proposal 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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Regular City Council Meeting
June 8, 2006
Page 572
Passed by the City Council this 8`h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 proposal is filed with Resolution No. 2006-R0276.
Consider approval of the proposal for the City of Lubbock Community
Development Emergency Repair Program and all related documents to the
U.S. Department of Housing and Urban Development under the CDBG
Program. Resolution No. 2006-RO277
RESOLUTION NO.2006-RO277
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL Community Development Emergency Repair Program from the
Community Development Block Grant (CDBG) Program, and all related documents.
Said proposal 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 Bch day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 proposal is filed with Resolution No. 2006-R0277.
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Regular City Council Meeting
June 8, 2006
Page 573
Consider approval of the proposal for the City of Lubbock Community
Development Housing Homeowner Exterior Energy Efficiency Loan Program
and all related documents to the U.S. Department of Housing and Urban
Development under the CDBG Program. Resolution No. 2006-RO278
RESOLUTION NO.2006-RO278
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL Community Development Housing HEEELP Program from the
Community Development Block Grant (CDBG) Program, and all related documents.
Said proposal 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 81h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 proposal is filed with Resolution No. 2006-R0278.
Consider approval of the proposal for the City of Lubbock Codes Property
Maintenance Inspection Program and all related documents to the U.S.
Department of Housing and Urban Development under the CDBG Program.
Resolution No. 2006-RO279
RESOLUTION NO.2006-RO279
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL BAND Property Maintenance Inspection Program from the
Community Development Block Grant (CDBG) Program, and all related documents.
Said proposal 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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Regular City Council Meeting
June 8, 2006
Page 574
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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/ Amv L. Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0279.
Consider approval of the proposal for the City of Lubbock Codes Substandard
Structure Removal -Demolition Program and all related documents to the U.S.
Department of Housing and Urban Development under the CDBG Program.
Resolution No. 2006-RO280
RESOLUTION NO.2006-RO280
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL BAND Substandard Structure Removal -Demolition Program from
the Community Development Block Grant (CDBG) Program, and all related documents.
Said proposal 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 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
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 proposal is filed with Resolution No. 2006-R0280.
574
Regular City Council Meeting
June 8, 2006
Page 575
Consider approval of the proposal for the City of Lubbock Parks Department
Playground and ADA Program and all related documents to the U.S.
Department of Housing and Urban Development under the CDBG Program.
Resolution No. 2006-RO281
RESOLUTION NO.2006-RO281
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL Parks Department Playground and ADA Program from the
Community Development Block Grant (CDBG) Program, and all related documents.
Said proposal 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 8t' day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 proposal is filed with Resolution No. 2006-R0281.
Consider approval of the proposal for the City of Lubbock Community
Development Housing Delivery program and all related documents to the U.S.
Department of Housing and Urban Development under the CDBG Program.
Resolution No. 2006-RO282
RESOLUTION NO.2006-RO282
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL CD Housing Delivery Program from the Community Development
Block Grant (CDBG) Program, and all related documents. Said proposal 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.
61W
Regular City Council Meeting
June 8, 2006
Page 576
Passed by the City Council this Bch day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 proposal is filed with Resolution No. 2006-R0282.
Consider approval of the proposal for the City Of Lubbock Community
Development CDBG Administration program and all related documents to the
U.S. Department of Housing and Urban Development under the CDBG
Program. Resolution No. 2006-RO283
RESOLUTION NO. 2006-RO283
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL CD-CDBG Administration Program from the Community
Development Block Grant (CDBG) Program, and all related documents. Said proposal 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 81h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0283.
576
Regular City Council Meeting
June 8, 2006
Page 577
Consider approval of the proposal for the Community Housing Resource
Board Operations Program and the Community Housing Resource Board
Lease/Purchase Program and all related documents to the U.S. Department of
Housing and Urban Development under the Home Investment Partnerships
Program. Resolution No. 2006-RO284
RESOLUTION NO.2006-RO284
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Community Housing Resource Board Operations Program and the
Community Housing Resource Board Lease/Purchase Program from the Home
Investment Partnerships (HOME) Program, and all related documents. Said proposal 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 Bch day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0284.
Consider approval of the proposal for the Habitat for Humanity Building
Houses Program and all related documents to the U.S. Department of Housing
and Urban Development under the Home Investment Partnerships Program.
Resolution No. 2006-RO285
RESOLUTION NO.2006-RO285
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Habitat for Humanity Building Houses Program from the Home
Investment Partnerships (HOME) Program, and all related documents. Said proposal 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.
577
Regular City Council Meeting
June 8, 2006
Page 578
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0285.
Consider approval of the proposal for the City of Lubbock Community
Development American Dream Down Payment Initiative Program and all
related documents to the U.S. Department of Housing and Urban
Development under the American Down Payment Dream Initiative Program.
Resolution No. 2006-RO286
RESOLUTION NO.2006-RO286
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL CD American Dream Down Payment Initiative Program from the
Home Investment Partnerships (HOME) Program, and all related documents. Said
proposal 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 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0286.
578
Regular City Council Meeting
June 8, 2006
Page 579
Consider approval of the proposal for the City of Lubbock Community
Development Housing New Construction Program and all related documents
to the U.S. Department of Housing and Urban Development under the Home
Investment Partnerships Program. Resolution No. 2006-RO287
RESOLUTION NO.2006-RO287
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL CD Housing New Construction Program from the Home
Investment Partnerships (HOME) Program, and all related documents. Said proposal 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 W" day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0287.
Consider approval of the proposal for the City of Lubbock Community
Development Housing Rehab/Reconstruction program and all related
documents to the U.S. Department of Housing and Urban Development under
the Home Investment Partnerships Program. Resolution No. 2006-RO288
RESOLUTION NO.2006-RO288
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL CD Housing Rehab/Reconstruction Program from the Home
Investment Partnerships (HOME) Program, and all related documents. Said proposal 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.
579
Regular City Council Meeting
June 8, 2006
Page 580
Passed by the City Council this 81h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0288.
Consider approval of the proposal for the City of Lubbock Community
Development HOME Administration Program and all related documents to
the U.S. Department of Housing and Urban Development under the Home
Investment Partnerships Program. Resolution No. 2006-RO289
RESOLUTION NO.2006-RO289
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL CD - HOME Administration Program from the Home Investment
Partnerships (HOME) Program, and all related documents. Said proposal 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 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0289.
580
Regular City Council Meeting
June 8, 2006
Page 581
Consider approval of the proposal for the Alcohol Recovery Center
Operations Program and all related documents to the U.S. Department of
Housing and Urban Development under the Emergency Shelter Grant
Program. Resolution No. 2006-RO290
RESOLUTION NO.2006-RO290
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Alcohol Recovery Center Operations Program from the Emergency
Shelter Grant (ESG) Program, and all related documents. Said proposal 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 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0290.
Consider approval of the proposal for the BRIDGE Homeless Program and all
related documents to the U.S. Department of Housing and Urban
Development under the Emergency Shelter Grant Program. Resolution No.
2006-RO291
RESOLUTION NO.2006-RO291
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the BRIDGE Homeless Program from the Emergency Shelter Grant (ESG)
Program, and all related documents. Said proposal 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.
581
Regular City Council Meeting
June 8, 2006
Page 582
Passed by the City Council this Bch day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0291.
Consider approval of the proposal for the Family Promise Operations Program
and all related documents to the U.S. Department of Housing and Urban
Development under the Emergency Shelter Grant Program. Resolution No.
2006-RO292
RESOLUTION NO.2006-RO292
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Family Promise Operations Program from the Emergency Shelter Grant
(ESG) Program, and all related documents. Said proposal 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 Bch day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0292.
582
Regular City Council Meeting
June 8, 2006
Page 583
Consider approval of the proposal for the Salvation Army Essential Services,
Homeless Prevention, and Operations programs and all related documents to
the U.S. Department of Housing and Urban Development under the
Emergency Shelter Grant Program. Resolution No. 2006-RO293
RESOLUTION NO.2006-RO293
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Salvation Army Essential Services, Homeless Prevention, and
Operations Programs from the Emergency Shelter Grant (ESG) Program, and all related
-- documents. Said proposal 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 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0293.
Consider approval of the proposal for the Vandelia Church of Christ
Homeless Prevention Program and all related documents to the U.S.
Department of Housing and Urban Development under the Emergency Shelter
Grant Program. Resolution No. 2006-RO294
RESOLUTION NO.2006-RO294
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Vandelia Church of Christ Homeless Prevention Program from the
Emergency Shelter Grant (ESG) Program, and all related documents. Said proposal 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.
583
Regular City Council Meeting
June 8, 2006
Page 584
Passed by the City Council this 8th day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0294.
Consider approval of the proposal for the Women's Protective Services
Essential Services Program and all related documents to the U.S. Department
of Housing and Urban Development under the Emergency Shelter Grant
Program. Resolution No. 2006-RO295
RESOLUTION NO.2006-RO295
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Women's Protective Services Essential Services Program from the
Emergency Shelter Grant (ESG) Program, and all related documents. Said proposal is
attached hererto 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 81h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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/ Amv Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0295.
Regular City Council Meeting
June 8, 2006
Page 585
Consider approval of the proposal for the City of Lubbock Community
Development Emergency Shelter Grant Administration program and all
related documents to the U.S. Department of Housing and Urban
Development under the Emergency Shelter Grant (ESG) Program.
Resolution No. 2006-RO296
RESOLUTION NO.2006-RO296
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the COL CD-ESG Administration Program from the Emergency Shelter
--- Grant (ESG) Program, and all related documents. Said proposal 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 81h day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the proposal is filed with Resolution No. 2006-R0296.
Consider approval authorizing the attached changes to the Community
Development Service Board 2006-07 funding recommendations. Resolution
No. 2006-RO297
RESOLUTION NO.2006-RO297
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve and authorize the
changes to the Community Development Service Board 2006-2007 funding
recommendations as set forth in Exhibit "A".
585
Regular City Council Meeting
June 8, 2006
Page 586
Passed by the City Council this 8"' day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2006-R0297.
Consider a resolution authorizing the Mayor to sign all related documents for
the 2006-07 CDBG, HOME, and ESG funding. Resolution No. 2006-R0298.
RESOLUTION NO.2006-RO298
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 all related documents for the 2006-2007 CDBG, HOME, and ESG
funding recommendations. Said Recommendations are 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 81" day of June, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, 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 Sims
Amy Sims, Assistant City Attorney
A copy of the Recommendations is filed with Resolution No. 2006-R0298.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant,
Home Investment Partnership Program, and Emergency Shelter Grant. The
maximum to be allocated to these projects and activities is $4,091,568.
RM
Regular City Council Meeting
June 8, 2006
Page 587
Staff recommended approval of all resolution.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Leonard to pass Resolution No. 2006-RO268 — 2006-R0271, and
2006-RO273 — 2006-RO298 as recommended by staff. Motion carried: 7
Ayes, 0 Nays.
On Resolution 2006-RO272 (Work Source Child Care Assistance), motion
carried: 6 Ayes, 0 Nays. Council Member Boren recused himself.
6.3. Budget Ordinance 1st Reading - Finance: Ordinance No. 2006-00071
amendment #18 amending the FY 2005-06 budget respecting the Storm
Water Fund; Capital Improvement Program; Master Lease Program;
Grant Fund and Hotel/Motel Tax Fund.
ORDINANCE NO.2006-00071
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) STORM WATER FUND; (2) CAPITAL
IMPROVEMENT PROGRAM; (3) MASTER LEASE PROGRAM; (4) GRANT FUND;
AND (5) HOTEL/MOTEL TAX FUND. (AMENDMENT #18)
Establish a new capital improvement project and appropriate $234,500 of
Storm Water Fund fund balance for irrigation improvements at Elmore
Park. The improvements include the addition of irrigation and turf down to
the water's edge, rebuilding the drain inlets on the west side of the lake,
and re -grading soil to rehabilitate the damage caused by storm water
drainage issues.
2. Transfer the appropriated funds of $65,000 from Project #90092 -
"Frankford from 82nd to 98th" to Project #9618 - "98th Street from
University to Indiana". The City is required to pay 20% of engineering
and construction costs incurred by TxDOT on the 98th Street project. The
final costs on the project were $342,160 over TxDOT's original estimates,
which resulted in an increased cost to the City of $68,432 (20% of
$342,160). Funds remaining in the 98th Street project of $59,892 plus the
$65,000 from this request transfer will provide the needed funding to pay
TxDOT the remaining amount due on this project.
3. Amend the capital improvement project titled "Municipal Building
Generator Installation" by increasing the budget from $372,000 to
$400,000 due to design and engineering costs related to the installation of
the unit. The project will be funded from the City's Master Lease
Program.
4. Accept and appropriate an additional $235,562 of grant funds from the
Texas Department of Housing and Community Affairs for the
Comprehensive Energy Assistance Program to assist low-income
households with energy bills and to repair and/or replace inefficient
heating/cooling systems, water heaters, and refrigerators. On January 26,
2006, the City Council accepted and appropriated $600,000 for this
purpose. The City received word in May that additional funds for this
grant have been awarded. No matching funds are required.
5. Accept and appropriate a $95,537 grant from the Texas Department of
Housing and Community Affairs for the DOE/EXXON Weatherization
Assistance Program (WAP), an energy conservation program. The grant
will fund programs to assist low-income persons and families with energy
conservation and energy efficiency. No matching funds are required.
6. Accept and appropriate a $151,186 grant from the Texas Department of
Housing and Community Affairs for the LIHEAP Weatherization
Assistance Program (WAP), an energy conservation program. The grant
will fund programs to assist low-income persons and families with energy
conservation and energy efficiency. No matching funds are required.
7. Amend the capital improvement project titled "Visitor's Information
Center" by increasing the budget from $250,000 to $310,000 due to
increased construction costs. The increase in project costs will be funded
587
Regular City Council Meeting
June 8, 2006
Page 588
from $30,000 of existing Hotel/Motel Taxes allocated for this purpose and
$30,000 of remaining fund balance in the Hotel/Motel Tax Fund.
FISCAL IMPACT
Included in item summary.
Staff recommended approval of the first reading of this ordinance.
Jeff Yates, Chief Financial Officer; Randy Truesdell, Director of Community
Services; Victor Kilman, Director of General Services; and, Wood Franklin,
Interim Chief Engineer for Water Utilities, gave comments and answered
questions from Council. Council Member Leonard requested a time schedule
on the new wells that are to be drilled. There was consensus from Council to
have staff provide a time schedule.
Motion was made by Council Member Jones, seconded by Council Member
Leonard to pass on first reading Ordinance No. 2006-00071 as recommended
by staff. Motion carried: 7 Ayes, 0 Nays.
10:42 A. M. COUNCIL RECESSED TO EXECUTIVE SESSION
1:57 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting immediately following Executive Session.
Lo
I
Read and approved this day of -0 I , 2008.
DAVID A. MILLER, MAYOR
ATTEST:
Re ecca Garza, City ecretary