HomeMy WebLinkAboutMinutes - City Council - Regular - 8/10/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
August 10, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the loth
day of August, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:35 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
1.1. Sanco Nash, Jr. and Diadria Robinson will appear to discuss building
demolition by Code Administration.
These citizens were not present.
• Ron Riley and Elizabeth Linder addressed Council regarding a possible lake
project at Yellow House Canyon. The concern is how this might affect
property and the property of the residents in the area. Mayor Miller asked Mr.
Riley to meet with Tom Adams, Deputy City Manager/Water Utilities
Director, to try and get answers to his questions.
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."
7:44 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 (Cemetery,
Police, Solid Waste, Water Utilities).
2.2. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Overton, Water Utilities).
2.3. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074 (a)(1), to discuss personnel matters (City Attorney,
City Manager, City Secretary) and take appropriate action.
2.4. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
2.4.1 to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.4.2 to discuss, vote and take final action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light;
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August 10, 2006
Page 98
2.4.3 to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency.
9:33 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
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; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor Miller reconvened the meeting at 9:33 A. M.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Pastor Tyrone Dubose, Manhattan Heights Church of
Christ
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 Good News Friends Ministry for
the mission work performed in Chiapas, Mexico.
Council Member DeLeon presented special recognition to Vernon and Grace
Odom with Good News Friends Ministry for the mission work performed in
Chiapas, Mexico. The Odoms founded Good News Friends Ministry in 1996,
upon the opening of the clinic in Chiapas Mexico. The Odoms helped finance
and build the clinic, which was opened on September 4, 1996.
3.4. Presentation of a special recognition to Robert Garcia for his dedicated
services to improving the lives of the youth.
Council Member Price presented special recognition to Robert Garcia for his
dedicated services to improving the lives of other youth in the community and
neighborhood. Robert created the Warriors Sports Camp and Year -Around
Camp to help underprivileged children learn life skills through sports and
physical activity. Mr. Garcia, at the age of 16, willingly volunteered his time
to work with children, free of charge, through activities such as football,
wrestling, soccer, and track. These children are given new chances in life to
make positive decisions and hopefully influence others to do the same.
Robert's mom joined him in receiving this special recognition.
3.5. Presentation of a special recognition to Prevent Blindness Texas, a
non-profit human service agency focused on preventing blindness, on its
50th Anniversary.
Mayor Miller presented special recognition to Diana Condon and Nancy
Smith with Prevent Blindness Texas, who have dedicated their lives to
educating children and to helping people see. The Mayor asked everyone in
Council Chambers to close their eyes for about ten seconds to help them relate
to what it is like being blind. This is the 50th Anniversary of Prevent
Blindness Texas. Mayor Miller asked all citizens to join in recognizing these
two ladies for what they do.
3.6. Board Appointment Recognitions - City Secretary.
Civic Lubbock, Inc:
Mark Bass (unable to attend)
Zoning Board of Adjustment:
Jose Valenciano (unable to attend)
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Page 99
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting, July
10, 2006; Emergency City Council Meeting, July 19, 2006
Motion was made by Council Member Price, seconded by Council Member
Jones to approve the minutes of the Regular City Council Meeting of July 10,
2006 and the Emergency City Council Meeting of July 19, 2006 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5. CONSENT AGENDA (Items 5.1-5.3.5.5.5.10-5.13.5.15-5.16.5.20)
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member
Leonard to approve Items 5.1-5.3, 5.5, 5.10-5.13, 5.15-5.16, and 5.20 on consent
agenda as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.1. Zone Case No. 1193-E (4202 N. I-27) Ordinance 2nd Reading - Planning:
Ordinance No. 2006-00081 Consider request of Rosa M. Olivas for a
zoning change from R-1 to IHI Specific Use for a trailer sales and all
unconditionally permitted IHC uses on Lots 1-4, Block 5, Edsall Addition.
ORDINANCE NO. 2006-00081
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1193-E; A ZONING CHANGE FROM R-1 TO IHC
SPECIFIC USE FOR TRAILER SALES AND ALL UNCONDITIONALLY
PERMITTED IHC USES ON LOTS 1-4, BLOCK 5, EDSALL ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
This parcel of land involves circumstances, beyond the applicant's control,
which have created a lack of conformance with requirements for a mobile
home sales and refurbishment lot. Through a series of three zone cases, the
former owner failed to comply with requirements as outlined by the City
Council, and each of three Specific Use Zoning Ordinances lapsed. With the
last lapse, the parcel is now zoned R-1 (single family) and the current request
must be approved for the new owner to continue a business.
The applicant is attempting, with the help of her family, to open only a mobile
home sales lot. The renovation of units, which was originally part of the zone
case, does not exist in this request. The front landscape area that was
previously required, but not installed until the I Ith hour, has begun to mature
and the grounds have been cleaned up significantly by the applicant. The staff
is approaching the request without regard to the previous ownership, the
former lack of compliance that occurred, and legal actions that are now
complete.
During the Planning Commission meeting, staff recommended that the case be
amended to Interstate Commercial Specific Use, rather than Interstate
Industrial, since the rehab of trailers portion of the former operation is not
being requested in this case. In IHC, trailer -sales are a permitted use. The
Specific Use Permit is requested to defer some of the development standards
normally required in IHC (paved surfaces primarily). A paved area exists in
the front of the office for customers and the trailers are on a graveled surface
similar to many of the mobile home sales lots elsewhere in the City.
The request is to allow the sales of trailers, both new and used. As noted, a
series of zone cases previously approved as Specific Use cases have expired
and the land is now zoned the R-1 as it was when annexed into the City during
the 1950s. The property is platted. As noted, having a rehabilitation aspect on
the property is not being requested.
This request is in compliance with the Comprehensive Land Use Plan (the
area is noted as IDP as the target land use) and, with the change of ownership
and business plan, the request is in substantial compliance with zoning policy.
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The Planning Commission approved the request to the City Council with the
following conditions:
1. The existing landscape that has been developed along the Interstate shall be
maintained in a satisfactory manner and the current amount.
2. The current amount of graveled surface shall suffice for the required paved
surface required for the sales lot. As the sales area expands, a layer of
gravel at least one stone deep shall be added to the display area.
3. The front 25-foot portion of the parcel, with the exception of the drive,
shall be landscaped and shall not be used for display of mobile home units.
4. The current screening fence along Ash Avenue shall be maintained. The
gate may remain, but shall be closed unless being used to transport a
manufactured home into or out of the sales lot.
5. If display or sales occur on the south east lot, the lot shall be graveled and a
screening fence be installed along Ash Avenue.
6. That no screening fence be required on the south border of the property, as
it will eventually mature as commercial.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the request as recommended by the Planning Commission.
5.2. Zone Case No. 3063 (south of 122nd Street and east of Slide Road)
Ordinance 2nd Reading - Planning: Ordinance No. 2006-00082
Consider request of Richard Webb (for Victory Life Baptist Church) for
a zoning change from T to C-2, GO and A-2 limited to church and church
related uses on 60 acres of unplatted land out of Section 23, Block E-2.
ORDINANCE NO. 2006-00082
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3063; A ZONING CHANGE FROM T TO C-2, GO
AND A-2 ZONING LIMITED TO CHURCH AND CHURCH RELATED USES, ON
60 ACRES OF UNPLATTED LAND OUT OF SECTION 23, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The applicant is requesting that the back portion of the 60-acre parcel be
zoned to accommodate a church, the frontage along Slide Road be zoned to
allow commercial development, and a parcel behind the commercial and south
of the Vintage Township half section be zoned for Garden Office.
Adjacent land uses:
N — vacant and commercial
S — Vintage Township, vacant at this point
E — vacant
W — commercial across Slide Road
The request will be consistent with the Comprehensive Land policies that are
yet to be formally approved for these two square miles that were annexed.
Since commercial already exists on the west and north, the proposed strip
commercial will become "policy". The proposed ordinance will include a
"whereas" regarding the Comprehensive Plan establishment of land use in this
vicinity. The church tract is a policy request at the half section line with
access to the thoroughfare.
The project should have no more impact on traffic on Slide Road than
anticipated and the continued increase of vehicles will increase the need for
Slide Road to move up the list for replacing the current strip pavement with a
seven lane thoroughfare.
The Planning Commission recommended approval with the following
conditions:
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1. The A-2 is limited to church and church related uses.
2. Access to Slide Road is governed by TxDOT. If the City is asked for a
recommendation, the Planning Commission approved three curb returns —
one for each of the north and south commercial tracts and a main entry in
the center that may serve both the commercial and the church (at the
discretion of the church).
3. If a street does not abut the Garden Office tract, an easement from the
north commercial tract shall be granted to allow access to Slide Road.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation by the Planning Commission subject to the
three conditions.
5.3. Zone Case No. 3064 (5412 19th Street) Ordinance 2nd Reading -
Planning: Ordinance No. 2006-00083 Consider request of Hugo Reed
and Associates, Inc. (for Bingstone Investments, Ltd.) for a zoning change
from R-1 to GO on Lot 1, Bumpass Addition.
ORDINANCE NO.2006-00083
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3064; A ZONING CHANGE FROM R-1 TO GO
ZONING ON LOT 1, BUMPASS ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
The applicant is requesting that a large lot residential parcel, approximately
two acres, at the corner of 19th Street and Chicago Avenue be rezoned as
Garden Office.
Adjacent land uses:
-- N — residential
S — residential
E — residential
W —child care center
The corner is a little awkward in that to the west, a strip of land is developed
with a child care center on the corner and a public library. The subdivision to
the east is a combination of a number of the old large lots along 19th Street
replatted and developed as Brentwood, a walled upscale housing
development. The development to the north also represents what is a retrofit
to a former large lot or lots, with a cul de sac street entering from Chicago
Avenue and providing access to nine lots.
With regard to the Comprehensive Land Use Plan, the proposed Garden
Office is considered a buffer district and would be technically within policy
for approval. The greatest single aspect of both the Comprehensive Land Use
Plan and zoning policy is the support, or lack of support, of the adjacent single
family residents that already have made an investment in their property.
Many of the adjacent neighbors (including Brentwood) met with the applicant
and expressed their sentiments at the Planning Commission meeting. The
report presented during the meeting was that the gathering had a generally
positive atmosphere.
Several of the adjacent residents do not support the project, a majority have
expressed support subject to the conditions approved by the Commission. The
applicant has provided the basics of a site plan.
The Planning Commission recommended the request with the following
conditions:
1. The building setback shall be as required by the City of Lubbock Zoning
Code.
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2. The style and construction of the offices shall be subject to review by the
Planning Commission prior to a construction permit. Notice shall be
provided to the 200-foot notice perimeter.
3. A 7-foot screening fence shall be constructed on a portion of the west, all
of the north and the entire east with a 15-foot step down for 19th Street.
4. Fifteen percent (15%) landscaping is required.
5. Hours of operation shall not extend later than 10:00 p.m.
6. The style of the structure shall be "residential" in appearance and the
exterior walls shall be 100% masonry.
7. The development will have not more than one curb cut on 19th Street and
one on Chicago Avenue, each located as far from the intersection as
feasible. On 19th Street, TxDOT makes the final determination if curb
cuts will be allowed and how they are spaced.
8. The development shall commence within two years — meaning a
construction permit will be issued within two years of the effebtive date of
this ordinance. Should that not occur, the zoning will lapse to R-1 (single
family).
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission with the
proposed conditions.
5.4. This item was moved from consent agenda to regular agenda and
considered following Item 5.20.
5.5. Zone Case No. 2522-B Ordinance 2nd Reading - Planning: Ordinance No.
2006-00085 Consider request of Jack Kastman for a zoning change from
C-3 to IHC on Lots 1 and 61, Friendship Estates Addition (7318 and 7402
4th Street).
ORDINANCE NO.2006-00085
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2522-13; A ZONING CHANGE FROM C-3 TO IHC
ZONING ON LOTS 1 AND 61, FRIENDSHIP ESTATES ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The request is to rezone the parcels along 4th Street in the vicinity of Venita
from the existing zoning of C-3 and C-2 to Interstate Commercial.
Adjacent land uses:
N — mobile home, it is nonconforming, the parcel is zoned C-3
S — vacant commercial and a mobile home park
E — vacant
W — vacant, a playa lake
The property is already zoned with a C-3 commercial district, making the
discussion regarding the Comprehensive Land Use Plan a moot issue except
for the confirmation by the Commission that the change is not either a
detriment to or objectionable to the owners of adjacent property.
A zone case was recently approved on the land across the street (the former
apartment and commercial portion, not the mobile home park) as Interstate
Commercial on the front half and C-4 Specific Use on the back half to allow
for mini -warehouse or contractor type offices with no outside stack.
As a State of Texas controlled street, 4th Street is eligible for heavier
commercial zoning. The strongest asset of IHC is that new development has a
requirement for a better looking structure facing the thoroughfare. The
existing heavy uses in the area differentiate the intersection from many of the
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other intersections within the City, and the relative lack of development may
be changed with this request. The staff would not be normally supportive of
IHC at a standard intersection of two thoroughfares.
The Planning Commission recommended approval of the request with the
following conditions:
1. Security lighting shall be shielded as to not reflect to the north where the
existing mobile home is located.
2. A screening fence shall be installed on the north line of the IHC parcel for
the area that is developed. If the C-3 property to the north (that is occupied
- by a nonconforming mobile home) is developed as commercial, the fence
may be removed.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.6. This item was moved from consent agenda to regular agenda and
considered following Item 5.4.
5.7. This item was moved from consent agenda to regular agenda and
considered following Item 5.6.
5.8. This item was moved from consent agenda to regular agenda and
considered following Item 5.7.
5.9. This item was moved from consent agenda to regular agenda and
considered following Item 5.8.
5.10. Street and Alley -Use License Resolution - Right -of -Way: Resolution No.
2006-RO374 authorizing the Mayor to execute a Street and Alley Use
License with O'Shea and Associates, L.P. for the construction of
apartment balconies in the right-of-way of 13th Street and the adjacent
alleys to Block 133, Original Town Addition, property located at 1020
13th Street.
RESOLUTION NO.2006-RO374
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement for a Street
and Alley Use License for eight 5-foot by 9-foot balcony areas across a public street
and alleys, by and between the City of Lubbock and O'Shea and Associates, L.P., 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
Council.
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Passed by the City Council this I Oth day of August 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Office Practice Section
A copy of the Agreement is filed with Resolution No. 2006-RO374.
Kim Morris is representing O'Shea and Associates, L.P., who own the Green
Building at 1215 Avenue J and the former Hester's Office Supply building at
1219 Avenue J. They have building plans to completely renovate both
buildings into apartments. As part of the building plans, they are requesting a
Street and Alley Use License to construct eight five-foot by nine -foot balcony
areas on the outside of these apartment units that will overhang the street and
alley rights -of -way in Block 133 of the Original Town Addition.
Along 13th Street, there will be four balconies located on the second floor. In
the north -south alley just north of 13th Street, there will be one balcony area
on the second floor. In the east -west alley along the north side of the Green
Building, there will be three balcony areas located on the second, third, fourth,
fifth and sixth floors. The total right-of-way area to be used is 360 square feet
for the eight balcony areas. Using a value of $4 per square foot times the
street -use license formula (360 square feet x $4 = $1,440 X 75% X 10%), an
annual license charge to the licensee will be $108, or $540 for the first five-
year term of the 20-year license.
FISCAL IMPACT
The use license will generate $108 each year to the General Fund.
Staff recommended approval of this resolution.
5.11. Grant Agreement Resolution - Citibus: Resolution No. 2006-RO375
authorizing the Mayor to execute a Public Transportation Master Grant
Agreement, 517XXF7054, with the State of Texas, acting through the
Texas Department of Transportation.
RESOLUTION NO.2006-RO375
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Citibus General Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock, a Public
Transportation Master Grant Agreement, 517XXF7054. Said Grant Agreement is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the Council.
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Passed by the City Council this t Oth day of August 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/ Don Vandiver for
John M. Knight, Assistant City Attorney
A copy of the Grant Agreement is filed with Resolution No. 2006-RO375.
In an effort to streamline the grant application process, the Texas Department
of Transportation (TxDOT) has developed a Public Transportation Master
Grant Agreement that will be used for all TxDOT grants that are executed
each year. This agreement will be included with all grant applications that are
submitted to TxDOT during the upcoming fiscal year.
FISCAL IMPACT
No fiscal impact anticipated.
Citibus and staff recommended approval of this resolution.
5.12. Contract Amendment Resolution - Public Works : Resolution No.
2006-RO376 authorizing the Mayor to execute Change Order No. 6 to
contract with Granite Construction Company for the Milwaukee Avenue
Paving Improvements from 34th Street to 92nd Street Project.
RESOLUTION NO.2006-RO376
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 Change Order No. 6 to a public works
Contract by and between the City of Lubbock and Granite Construction Company of
Lubbock, Texas, for Milwaukee Avenue Paving Improvements-92"d to 341h Streets,
which Change Order No. 6 and any associated documents, are attached hereto and made a
part of this Resolution for all intents and purposes.
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Passed by the City Council this 1 Oth day of August, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith for
Larry Hertel, P.E., City Engineer
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Change Order No. 6 is filed with Resolution No. 2006-RO376.
Change Order No. 6 to a contract with Granite Construction Company will
add work for the paving of Milwaukee Avenue from 34th Street to 92nd
Street.
Original Contract
$17,316,933
Change Order No. 1 (7/14/05)
(212,840)
Change Order No. 2 (10/27/05)
416,200
Change Order No. 3 (12/15/05)
147,269
Change Order No. 4 (3/8/06)
74,367
Change Order No. 5 (3/23/06)
492,736
This Change Order No. 6
88,339
New Contract Price $18,323,003
Change Order No. 1 was a deductive Change Order deleting some items from
the construction contract in cooperation with Granite Construction Company.
Change Order No. 2 was adding utility ditch backfill remediation in
Milwaukee from 92nd Street south to 98th Street, and on 98th Street from
Milwaukee Avenue east to Juneau Avenue.
Change Order No. 3 was the change in the contract for five different items of
work:
(1) A change to use anti -corrosive material for the risers on 72" diameter
manholes. This change was requested by the City Water Utilities
Division. The change results in a deduction of the existing contract bid
item of $7,920, and an increase in cost of the new bid item for the anti-
corrosive material of $12,420, for a net contract increase of $4,500 for
this work.
(2) The addition of work zone pavement markings that was not included in
the original contract. These temporary pavement markings will be
needed from 34th Street to 43rd Street where traffic will be maintained
on Milwaukee Avenue for the school at 43rd Street. These pavement
markings are estimated to be $1,409.
(3) Irrigation sleeves installed in the median between Brownfield Highway
and Spur 327. In cooperation and coordination with Texas Parks and
Wildlife Department and the City Parks Department, it was determined
to have a median constructed in this portion of Milwaukee Avenue
crossing McAlister Park that would have an area for live planting
material. These sleeves were added to the contractor's work to provide
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water lines for irrigation to these planting areas in the median. This cost
is estimated at $5,840.
(4) Lowering the water line below planned elevation immediately north of
82nd Street. After the original design of the water line was completed, it
was discovered there were some three or four utilities in direct conflict
with the proposed water line to be constructed in Milwaukee Avenue.
Included in the utility conflicts were a high pressure gas line and fiber
optic cables. It was determined to lower the water line in order to miss
all the existing utilities. The additional work required to achieve the
depth needed will cost $28,519.
(5) Asphalt stabilized base (black base) between the bottom of the concrete
paving, and the top of culverts with less than two feet of cover. There
was design concern of stability and waterproofing of dirt backfill in this
shallow depth area of the cover over the culverts. There are six culverts
and all six culverts have shallow cover. This asphalt stabilized base over
the culverts is estimated to cost $107,000.
Change Order No. 4 was a change for five different items of work:
(1) Remove loop detectors from contract resulting in a decrease of $24,000.
(2) Add advance detection cameras for traffic signal timing and detection of
traffic at an increased cost of $12,000.
(3) Reduced cost due to a change in the testing requirements consistent with
what was approved in Change Order No. 2. Reduction of $19,647.
(4) Add concrete paving for two right -turn flares for driveways into the new
Wal-Mart store located at the southeast corner of 82nd Street and
Milwaukee Avenue. Wal-Mart will reimburse the City the cost to
construct these two right -turn lanes. This paving will increase the cost
of the contract by $38,161.
(5) Add additional paving to provide dual left- turn lanes on US 62/82 for
_ east and west bound traffic to make left turns onto Milwaukee Avenue.
This additional work will increase the contract by $67,853.
Change Order No. 5 was for constructing additional paving — extending the
concrete paving of Milwaukee Avenue south from 92nd Street to 94th Street
including the extension of a 20-inch water line ahead of the paving at a cost of
$494,995.
Change Order No. 6 is a change in the contract for the following items of
work:
(1) Increase the contract to seed additional areas of the right-of-way at a
cost of $6,959.
(2) Add seeding in the drainage channels and McAlister Park area disturbed
by construction that were not in the original contract at a cost of
$71,440.
(3) Remove silt and clean out the culvert under 82nd Street west of
Milwaukee at a cost of $6,370.
(4) Repair four residential sprinkler systems encountered during
construction on the west side of Milwaukee south of 82nd Street at a
cost of $3,570.
The seeding is necessary to comply with Texas Commission on
Environmental Quality (TCEQ) storm water requirements to establish
vegetative cover in disturbed areas due to construction activities. Cleaning the
culvert and repair of the residential sprinkler systems were at the request of
the City.
FISCAL IMPACT
$20.5 million is budgeted in the FY 2005-06 Capital Projects Budget for this
project.
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Construction Contract (including this Change Order) $18,323,002
Engineering Agreements to Date: 1,663,708
Total Estimated Project Cost To Date 19,986,710
Less: Wal-Mart Participation (CO #4) ( 38 161)*
Less: Betenbough Prepaid & Additional Participation ( 41,688)
Less: Day Estates Participation ( 44,234)
Total Estimated Project Funding Need to Date
19,862,628
Remaining Available Funding 20,500,000
( 19,862,628)
$ 637,372
* Wal-Mart's $44,185 check to the City included additional costs for
engineering for Parkhill, Smith & Cooper.
Staff recommended approval of this resolution.
5.13. Contract Amendment Resolution - Parks and Recreation: Resolution No.
2006-R0377 authorizing the Mayor to execute an amendment to the
agreement with Wells Fargo Bank Texas for naming rights to the
Mackenzie Amphitheatre.
RESOLUTION NO.2006-R0377
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an amendment to the
Mackenzie Amphitheatre Naming agreement with Wells Fargo Bank Texas. Said
Amendment is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 1 Oth day of August, 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/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Amendment is filed with Resolution No. 2006-R0377.
An agreement was approved in March 2003 with Wells Fargo Bank for the
naming rights of the amphitheatre in Mackenzie Park. The original agreement
refers to an historical drama that would be produced in the Amphitheatre by
2009. According to the agreement, Wells Fargo was not required to pay the
naming sponsor fee until the drama was produced. The original agreement
Regular City Council Meeting
August 10, 2006
Page 109
also stated the City would ensure that the Amphitheatre and drama would be
marketed on a local, regional, statewide, and national level. This amendment
to the agreement removes the requirement to produce an historical drama as
well as the marketing requirement. The amendment also designates the first
naming sponsor fee to be due on or before January 31, 2007.
The three-year term of the agreement remains the same with successive
automatic three-year renewals. Either party may elect to not renew the
agreement after the first or subsequent three-year terms.
FISCAL IMPACT
$16,000 will be paid to the City annually.
Staff recommended approval of this resolution.
5.14. This item was moved from consent agenda to regular agenda and
considered following Item 5.9.
5.15. Contract Resolution - Wastewater Utilities: Resolution No. 2006-R0378
authorizing the Mayor to execute a contract with HDR Engineering, Inc.
for value engineering associated with the Southeast Water Reclamation
Plant improvements, RFP 06-703-11M.
RESOLUTION NO.2006-R0378
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement between the
City of Lubbock and HDR Engineering, Inc. for Professional Services, 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 1 Oth day of August 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, P.E., Chief Water Utility Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2006-R0378.
The City is currently in the design phase for proposed improvements to the
Southeast Water Reclamation Plant (SEWRP). The improvements will treat
effluent water to stream quality discharge. The City previously engaged Black
& Veatch Engineering for the design of these improvements.
This value engineering contract will require the selected firm to review and
evaluate the current design plans and propose improvements at the SEWRP.
In addition, the selected firm will propose recommendations that will enable
the City to reduce capital and operation costs, improve the efficiency of
operations for the proposed improved facilities, and improve the effectiveness
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of treatment through the proposed facilities. Life cycle costing and energy use
modeling will be the primary beneficial impact to this project.
The following engineering firms submitted Statements of Qualifications and
were ranked as follows:
HDR Engineering of Austin, TX
Freese & Nichols Engineering of Austin, TX
CDM Engineering of Dallas, TX
Sunland Group Engineering of Houston, TX
The evaluation committee recommended HDR Engineering of Austin, Texas
as the most qualified firm to provide the necessary engineering services.
FISCAL IMPACT
A total of $7,135,000 was appropriated with $6,147,036 available in Capital
Improvement Project 8505, Waste Water Resources Master Plan, for this
purpose.
Staff recommended contract award to HDR Engineering, Inc. of Austin, Texas
for $89,500.
5.16. Contract Resolution - Health: Resolution No. 2006-RO379 authorizing
the Mayor to execute a contract for vital statistics services (DSHS
Document No. 537537537D*2008H-01) with State Department of State
Health Services.
RESOLUTION NO.2006-RO379
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for vital statistics services
(DSHS Document No. 537537537*2008H-01) and any associated documents by and
between the City of Lubbock and the State Department of State Health Services
(formerly Texas Department of Health), a copy of which Contract and associated
documents are attached hereto and which shall be spread upon the minutes of this
Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this 1 Oth day of August, 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 Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2006-RO379.
This contract provides on-line computer services for vital records programs.
The Lubbock Health Department will be allowed to search Department of
State Health Services (DSHS) databases, locate date, and issue Certifications
of Vital Records to authorized individuals requesting such data. The
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certifications will be in a format formally approved by DSHS. The Health
Department is required to purchase the necessary data processing equipment,
communications, hardware or software, and bank note paper as specified by
DSHS. The Health Department has already met all these requirements. The
Health Department is also required to maintain an inventory and account for
each document produced on bank note paper, including voided documents.
The City agrees to reimburse DSHS $1.83 for each Certification of Vital
Record printed as a result of searches of the database. The contract calls for
the Lubbock Health Department to charge the same base search fee for a birth
certificate as does the Department of State Health Services with additional
fees only being charged as authorized by Texas Health and Safety Code 191.
The search fee for the Health Department is currently set at $9.00 per record
search.
The term of this agreement is to begin September 1, 2006, and shall remain in
effect until August 31, 2008.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution.
5.17. This item was moved from consent agenda to regular agenda and
considered following Item 5.14.
5.18. This item was moved from consent agenda to regular agenda and
considered following Item 5.17.
5.19. This item was moved from consent agenda to regular agenda and
considered following Item 5.18.
5.20. Contract Resolution - Solid Waste: Resolution No. 2006-R0380
authorizing the Mayor to execute a purchase order contract with Heil of
Texas of Irving, Texas for the purchase of high compaction trash
compactor bodies.
RESOLUTION NO.2006-R0380
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Purchase Order Contract by and between the
City of Lubbock and Heil of Texas for ten (10) 32-cubic yard and one (1) 25-cubic yard
high compaction side loading trash compactor bodies, which Contract and any associated
documents, are attached hereto and made a part of this Resolution for all intents and
purposes.
Passed by the City Council this 1 Oth day of August, 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, Purchasing Manager
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
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A copy of the Contract is filed with Resolution No. 2006-R0380.
This purchase order contract is for the purchase of one 25-cubic yard and ten
32-cubic yard high compaction trash compactor bodies for the Solid Waste
Residential Collection Department. The bodies are scheduled for installation
on one 46,000 pound right-hand drive cab and chassis purchased from Roberts
Truck Center of Lubbock, Texas and on ten 56,000 pound left-hand drive cab
and chassis purchased from Lubbock Truck Sales of Lubbock, Texas. This
equipment will be used to pick up residential trash.
The trash compactor bodies will be purchased through the Houston -Galveston
Area Council (H-GAC) purchasing cooperative, Contract RC 08-04. H-GAC
is a regional planning commission created under the Acts of the 59th
Legislature, Regular Session, 1965, re -codified as a Texas Local Government
Code, Chapter 391.
FISCAL IMPACT
$1,554,000 was appropriated for fleet replacement vehicles and equipment as
part of the FY 2005-06 Master Lease Program.
Staff recommended purchase order contract award to Heil of Texas of Irving,
Texas for $835,619.75.
5.21. This item was moved from consent agenda to regular agenda and
considered following Item 5.19.
6. REGULAR AGENDA
5.4. Zone Case No. 1615-J Ordinance 2nd Reading - Planning: Ordinance No.
2006-00084 Consider request of Shay Manney (for Liquid Ink) for a
zoning change from C-3 to C-4 Limited to a tattoo and piercing shop and
all C-3 permitted uses on a portion of Tracts A and B, South Plains
Additions (6005 Slide Road, Suite M-41).
ORDINANCE NO. 2006-00084
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 16154; A ZONING CHANGE FROM C-3 TO C-4
ZONING LIMITED TO A TATTOO AND PIERCING SHOP AND ALL C-3
PERMITTED USES, ON TRACT A, SOUTH PLAINS ADDITIONS, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The applicant is in contract with South Plains Mall to install a tattoo parlor.
As an interior use to the Mall, the individual use will have no visual impact on
the general public.
Adjacent land use in all directions is commercial.
South Plains Mall is zoned commercial, so there is no Comprehensive Land
Use Plan policy issue. With regard to zoning policy, if the mall operators feel
the use is a viable part of the tenant mix within the mall, the change will not
create an issue with any adjacent landowner. The facility is not visible from
the exterior of the building. As C-4 limited to the one use, when or if the use
is discontinued, the zoning will revert to the original and current zoning.
The project will have no impact on the thoroughfare system.
The Planning Commission recommended approval with the following
conditions:
1. The C-4 is limited to a tattoo shop and all permitted C-3 uses.
2. Should the use be abandoned for a period of one year, the zoning will
revert to the current zoning for the mall parcel.
FISCAL IMPACT
No fiscal impact is anticipated.
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Staff supports the recommendation of the Planning Commission.
Randy Henson, Director of Planning; Anita Burgess, City Attorney; and
Bridget Faulkenberry, Environmental Specialist, gave comments and
answered questions from Council.
Motion was made by Council Member Price, seconded by Mayor Pro Tern
Gilbreath to pass on second and final reading Ordinance No. 2006-00084 as
recommended by staff. Motion carried: 5 Ayes, 2 Nays. Council Members
Boren and Leonard voted Nay.
5.6. Lease Agreement Resolution - Community Development: Resolution No.
2006-R0381 authorizing the Mayor to execute a lease agreement with
Guadalupe/Parkway Neighborhood Centers for the property located at
123 North Avenue N.
RESOLUTION NO.2006-R0381
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Lease Agreement between
the City of Lubbock and Guadalupe/Parkway Neighborhood Centers for the property
located at 123 North Avenue N, and all related documents. Said Lease 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.
Passed by the City Council this 1 Oth day of August, 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 Lease Agreement is filed with Resolution No. 2006-R0381.
The City is purchasing the building located at 123 North Avenue N from the
Roman Catholic Diocese.
In December 2005, the City Council voted to reappropriate $1.1 million in
unspent bond funds coming from the closing of Canyon Lakes Dam #4 capital
improvement project. Of this amount, $140,000 was dedicated to a capital
project for the purchase of the Catholic Family Services building.
The closing on the property is scheduled on August 10, 2006. The subject
lease will not go into effect if the closing does not take place by August 25,
2006.
Once the building is purchased by the City and the lease is in effect, the
building will be used as a neighborhood center. The Roman Catholic Diocese
has been allowing the neighborhood to use the building as a neighborhood
center for several months.
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The initial lease term of the lease is five years and may be terminated by
either party. Guadalupe/Parkway Neighborhood Centers may choose to extend
this lease for up to five additional five-year periods by providing the City
written notice of their intent to extend the lease. The agency will be required
to pay the City one dollar per month during the first year of this lease for
using and occupying the premises. The monthly rent will continue to be one
dollar per month during any lease extensions.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution.
Dela Esqueda, Executive Director of the Guadalupe/Parkway Neighborhood
Centers, gave comments.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Price to pass Resolution No. 2006-RO381 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.7. Lease Agreement Resolution - Facilities Management: Consider a
resolution authorizing the Mayor to execute a lease with SemMaterials,
L.P. an Oklahoma limited partnership for property situated at 1619
Marshall Street (Lot 2 tract 3 Marnels Industrial Addition, 4.58 acres).
This item was continued to the next meeting.
The original lease on this property was with Koch Industries, who was
recently purchased by SemMaterials in 2006, for an initial five-year term with
the option to renew for up to three additional five-year terms.
This lease provides for SemMaterials to lease property at 1619 Marshall Street
(Lot 2 tract 3 Marnels Industrial Addition, 4.58 acres) from the City for an
initial term of 15 years with an option to renew for up to two additional five-
year terms. This lease will also approve the construction of two 3-million
gallon storage tanks. SemMaterials will remove the storage tanks and any
other additional improvements within 180 days of the termination of lease.
SemGroup, L.P., the parent company, is a midstream service company
providing the energy industry with means to move products from the wellhead
to the wholesale marketplace. SemGroup provides diversified services for end
users and consumers of crude oil, natural gas, natural gas liquids, refined
products, and asphalt. Services include purchasing, selling, processing,
transporting, terminaling, and storing energy. SemGroup serves customers in
the United States, Canada, Mexico, and the United Kingdom. This location
specifically will be used to store asphalt materials.
FISCAL IMPACT
The initial $381.20 monthly lease amount will be adjusted annually based on
the Consumer Price Index. This amount was derived from the historical lease
data accumulated since the lease agreement with Koch Industries in 1995.
Staff recommended approval of this resolution.
Mark Yearwood, Chief Information Officer, gave comments and requested
that Council hold this item until the August 24, 2006 Regular City Council
Meeting. Consensus from Council was to hold this item until then.
5.8. Interlocal Agreement Resolution - Health: Resolution No. 2006-RO382
authorizing the Mayor to execute an Interlocal Cooperation Contract for
public health emergency planning within the City of Lubbock with
Lubbock Independent School District.
RESOLUTION NO.2006-RO382
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Interlocal Cooperation Contract for
public health emergency planning within the City of Lubbock and any associated
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documents by and between the City of Lubbock and Lubbock Independent School
District, a copy of which Contract is attached hereto and which shall be spread upon the
minutes of this Council and as spread upon the minutes of this Council shall constitute
and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 10th day of August, 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 Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2006-R0382.
Under the Metropolitan Medical Response System (MMRS) contract
administered by the Governor's Division of Emergency Management, the
Health Department is required to plan and prepare for public health
emergencies, which may result from natural or man-made causes. During such
emergencies, it may be necessary to immunize or shelter large numbers of
people in the area served by Lubbock Independent School District (LISD). An
interlocal agreement exists between LISD and the City allowing the use of
LISD facilities during the period of an emergency.
The City and LISD are committed to the health and safety of citizens,
employees, and others who use their facilities. In support of this commitment,
LISD and the City of Lubbock Health Department will provide an Automated
External Defibrillator (AED) at identified locations throughout the LISD
system to make early defibrillation accessible to individuals who experience
sudden cardiac arrest. The key to significantly improving cardiac arrest
survival rates in adults lies in increasing the availability of AEDs. The AED
units will be installed in LISD buildings identified for use as immunization
clinics or shelters during emergencies declared by the Commissioner of
Health or the local health authority. Portable AED units will also be provided
to designated school personnel and will be available during the emergency.
Obligations of the Health Department include:
1. Responsible for identifying locations for the wall -mounted AED units in
conjunction with LISD personnel.
2. Responsible for purchasing the AED units, wall -mounted cabinets with
alarms, and carrying cases for the portable units.
3. Responsible for first aid and AED training of City personnel deployed
during an emergency to LISD sites utilized as clinics or shelters.
Obligations of Lubbock Independent School District include:
1. Responsible for the installation, care, and maintenance of the AED units,
as proscribed by the manufacturer.
2. Responsible for initial and on -going training for LISD personnel on AED
usage.
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3. Responsible for the future replacement of AED units, batteries, electrodes
and other related accessories.
This agreement becomes effective after approval by the governing bodies of
LISD and the City. LISD signed the agreement during their July 2006 Board
meeting.
FISCAL IMPACT
The purchase of the AEDS will be through the previously approved
Metropolitan Medical Response System contract and funding for emergency
preparedness. The purchase will not impact the General Fund.
Staff recommended approval of this resolution.
City Attorney Anita Burgess gave comments and answered questions from
Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0382 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.9. Contract Resolution - Health: Resolution No. 2006-R0383 authorizing
the Mayor to execute a purchase order contract with Emergence medical
Consultants of Connecticut, LLC for automated external defibrillator
equipment, cabinets, and carrying cases, BID 06-048-RW.
RESOLUTION NO.2006-R0383
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Purchase Order Contract by and between the
City of Lubbock and Emergency Medical Consultants of Connecticut, LLC, of Bethel,
CT, for Philips AED equipment, cabinets and carrying cases, which Contract and any
associated documents, are attached hereto and made a part of this Resolution for all
intents and purposes.
Passed by the City Council this 1 Oth day of August, 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, Purchasing Manager
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2006-R0383.
Under the Metropolitan Medical Response System (MMRS) contract
administered by the Governor's Division of Emergency Management, the
Emergency Management Department is required to plan and prepare for
public health emergencies, which may result from natural or man-made
causes. During such an emergency, it may be necessary to immunize or to
shelter large numbers of people in the area served by the Lubbock
Independent School District (LISD). An Interlocal Agreement exists between
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Page 117
LISD and the City allowing the use of LISD facilities during the period of an
emergency.
The City of Lubbock and LISD are committed to the health and safety of
citizens, employees, and others who use their facilities. In support of this
commitment, LISD and the City of Lubbock Health Department will provide
an Automated External Defibrillator (AED) at identified locations throughout
the LISD system to make early defibrillation accessible to individuals who
experience sudden cardiac arrest. The key to significantly improving cardiac
arrest survival rates in adults lies in increasing the availability of AEDs. The
AED units will be installed in LISD buildings identified for use as
immunization clinics or shelters during emergencies declared by the
Commissioner of Health or the local health authority. Portable AED units
will also be provided to designated school personnel and be available during
the emergency.
An Interlocal Cooperation Contract for public health emergency planning has
already been signed by LISD and is ready for Council approval at the August
10, 2006, Council meeting. This agreement becomes effective after approval
by the governing bodies of LISD and the City. The purchase of AEDs for
LISD is a key component of the Interlocal Cooperation Contract.
FISCAL IMPACT
Funding will be through the Federal Metropolitan Medical Response System
contract and funding for emergency preparedness. The purchase will not
impact the General Fund.
Staff recommended bid award to Emergency Medical Consultants of
Connecticut, LLC of Bethel Connecticut for $36,244.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO383 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.14. Contract Amendment Resolution - Water Utilities: Resolution No.
2006-RO384 authorizing the Mayor to execute Change Order No. 1 to the
contract with A-1 American Fence, Inc. for improvements at Pump
Station #10 located at 82nd Street and Memphis Avenue.
RESOLUTION NO.2006-RO384
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, Change Order No.I to the
Contract previously executed between the City of Lubbock and Al American Fence, Inc.
for Pump Station #10 fencing (ITB# 06-01513M), and related documents. Said Change
Order No. 1 is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
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Passed by the City Council this 1 Oth day of August, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin, Chief Water Utilities Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Change Order No. 1 is filed with Resolution No. 2006-RO384.
This project involves constructing a brick security fence and associated
landscaping for the recently constructed ground storage tank at Pump Station
#10 located at 82nd Street and Memphis Avenue.
TCEQ requires a minimum eight -foot high security fence surrounding any
water distribution center. A neighborhood and citizens committee was formed
to recommended the appropriate fencing type and material. This plan meets
the requests from the neighborhood committee while providing the
appropriate security infrastructure for the pump station and ground storage
tank.
Change Order No. 1 involves increasing the size of the security wall footing to
better accommodate local wind loads and to provide a more stable footing for
the wall. The cost for additional materials and labor for this change order is
$38,400, or a 5.9 percent increase in the total contract amount.
FISCAL IMPACT
This change order will increase the contract amount from $654,612 to
$693,012. A total of $750,000 was appropriated in Capital Improvement
Project 91031, Pump Station 10 Fencing, for this purpose.
Staff recommended approval of this resolution.
Wood Franklin, Interim Chief Engineer for Water Utilities, gave comments
and answered questions from Council.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2006-RO379 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Mayor Miller abstained from voting on this item, because he was on the
Citizen Advisory Committee working on this project before he was elected.
5.17. Contract Resolution - Police: Resolution No. 2006-RO385 authorizing the
Mayor to execute an agreement with Texas Tech University Health
Sciences Center for medical examinations of children who are alleged
victims of sexual assault.
RESOLUTION NO.2006-RO385
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for Services
in Investigations of Child Abuse by and between the City of Lubbock and the C.A.R.E.
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Center of Texas Tech University Health Sciences Center School of Medicine Department
of Pediatrics, and all related documents. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this loth day of August, 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 Agreement is filed with Resolution No. 2006-R0385.
Allegations involving the sexual assault of children require medical
examinations by either a physician or a sexual assault nurse examiner. The
Texas Code of Criminal Procedures mandates that the requesting law
enforcement agency pay all costs of the examination. Child Advocacy
Research and Education (CARE) Center at Texas Tech University Health
Sciences Center is the locally recognized provider for these services.
FISCAL IMPACT
The agreement requires the City to pay $450 per referred case. The Texas
Attorney General's Office currently reimburses the City for these
expenditures, estimated to be $49,500 in FY 2006-07.
Staff recommended approval of this resolution.
Police Chief Claude Jones gave comments and answered questions from
Council.
Motion was made by Council Member Leonard, seconded by Council
Member Jones to pass Resolution No. 2006-RO385 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.18. Contract Resolution - Solid Waste: Resolution No. 2006-RO386
authorizing the Mayor to execute a contract with L.D. Kemp Excavating,
Inc. for the excavation of Cell Three at the West Texas Regional Disposal
Landfill, BID 06-707-BM.
RESOLUTION NO.2006-RO386
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and L.D. Kemp Excavating, Inc., of Fort Worth, Texas, for cell three excavation at West
Texas Regional Disposal Facility (ITB#06-707-BM), which Contract and any associated
documents, are attached hereto and made a part of this Resolution for all intents and
purposes.
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Passed by the City Council this 1 Oth day of August, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Director of Solid Waste
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 loth day of August, 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 L.D. Kemp Excavating, Inc., of the City of Fort Worth, County of
Tarrant, 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 #06-707-13M - CELL THREE EXCAVATION AT WEST TEXAS REGIONAL
DISPOSAL FACILITY - $3,244,283.84
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. L.D. Kemp
Excavating, Inc.'s proposal dated July 25, 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 CITY OF LUBBOCK, TEXAS
L.D. Kemp Excavating, Inc. (OWNER)
By: /s/ Mike Brackney By: /s/ David A. Miller
Mayor
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PRINTED NAME: Mike Brackney
TITLE: Vice President
COMPLETE ADDRESS:
L.D. Kemp Excavating, Inc.
5409 Denton Hwy
Fort Worth, TX 76198
ATTEST:
/s/ Annette White
Corporate Secretary
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ John Cobb
Owner's Representative
/s/ Terry Ellerbrook
Director
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
West Texas Regional Disposal Landfill disposal Cell 2 opened in April 2004
with a life expectancy of about four years of life. This project involves the
excavation of approximately 1.6 million cubic yards of soil to construct
disposal Cell 3. After Cell 3 is excavated, it will be lined and will be placed
in service sometime next year.
This project will result in a state approved landfill cell to allow the City to
lawfully dispose of refuse in the most economical and efficient way possible.
The life expectency of this cell is approximately five years.
Time for completion is 200 calendar days and liquidated damages is $200 per
day.
FISCAL IMPACT
$3,627,000 is budgeted in Capital Improvement Project 91016 Cell 3
Excavation for this project.
Staff recommended contract award to L.D. Kemp Excavating of Ft. Worth,
Texas for $3,244,283.84.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Price to pass Resolution No. 2006-RO386 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.19. Contract Resolution - Solid Waste: Consider a resolution authorizing the
Mayor to execute a contract with SCS Field Services for gas extraction
system pipeline improvements, RFP 06-706-BM.
This item was continued to the next meeting.
This contract involves two capital improvement projects that require similar
expertise and equipment to complete each project. Both projects involve the
replacement and improvement of existing gas extraction systems. The 78th
Street and Quaker Avenue Project, CIP #241-91136, involves replacement of
the existing gas pipeline. The Realignment of Gas Pipeline at #69 Project, CIP
#241-8517, involves the replacement of gas pipeline well heads to improve
the existing system. This construction contract will improve efficiency of
both systems and reduce the amount of labor used to maintain these systems.
Texas Local Government Code Section 252.043(d-1) provides that a contract
for certain types of construction projects that require an expenditure of $1.5
million or less may be awarded using the competitive sealed proposal
procedure prescribed by Section 271.116 of the Texas Local Government
Code. Using the competitive sealed proposal procedure is intended to help
local governments attract contractors who otherwise may not have an interest
in participating on the basis of low bid and gives us the ability to bring the
project in within budget with the contractor who offers the best value. This is
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compared to an ITB that limits us to basing contract award on the lowest bid,
which may be over budget requiring us either to search for additional funds or
start the bid process all over.
Selection criteria used in this RFP includes price 75%; construction time 10%,
resume and references of proposed job superintendent 5%, list of potential
items that could reduce the cost of work and result in same end product 3%,
insurance claims and litigation during last three years 2%, list of
subcontractors 2%, and contracting phasing options which may shorten
construction time without increasing proposed contract amount 3%. The
following general contractors submitted proposals and were evaluated and
ranked in relation to the published selection criteria as follows:
SCS Field Services of Reston, Virginia proposed a project cost of $540,645
with time for completion of 60 calendar days and scored 455 points.
Shaw Environmental, Inc. of Baton Rouge, Louisiana proposed a project cost
of $529,978 with a time for completion of 195 calendar days and scored 445
points.
L. Howard Construction, Inc. of Abernathy, Texas proposed a project cost of
$551,891 with time for completion of 180 calendar days and scored 420
points.
Deerwood Construction, Inc. of Lubbock, Texas proposed a project cost of
$657,915 with a time for completion of 172 calendar days and scored 352
points.
A-1 American Fence, Inc. of Orange, Texas proposed a project cost of
$673,025 with a time for completion of 195 calendar days and scored 328
points.
Texas Local Government Code Section 271.116(f) requires the City to select
the offeror that offers the best value based on the published selection criteria
and on its ranking evaluation. In determining best value, the City is not
restricted to considering price alone, but may consider any other factor stated
in the selection criteria. The City and its engineer or architect may discuss
with the selected offeror options for a scope or time modification and any
price change associated with the modification. If the City is unable to
negotiate a contract with the selected offeror, the City must, formally and in
writing, end negotiations with that offeror and proceed to the next offeror in
the order of the selection ranking until a contract is reached or all proposals
are rejected.
The proposal from SCS Field Services included a list of potential cost
reductions and recommended changes. One item proposes to utilize field
fabricated well bore seals in lieu of the specified factory fabricated seals at a
cost savings of $12,168. Parkhill, Smith & Cooper has determined that the
alternative well bore seal is acceptable and recommended the modification.
FISCAL IMPACT
$250,000 was budgeted in Capital Improvement Project 91136, 78th Street
and Quaker Avenue and $668,400 was budgeted in Capital Improvement
Project 8517, Realignment of Gas Pipelines for this project.
Staff recommended contract award to SCS Field Services of Reston, Virginia
for $528,477.
Mayor Pro Tern Gilbreath suggested that, because of a zoning case on the next
agenda that could possibly impact the property at 78th Street and Quaker, this
item be continued until the August 24, 2006 Regular City Council Meeting.
Council consensus was to continue to next meeting.
5.21. Contract Resolution - Traffic: Resolution No. 2006-R0387 authorizing
the Mayor to execute a purchase order with Consolidated Traffic
Controls, Inc. for the purchase and installation of an emergency
pre-emption system.
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RESOLUTION NO.2006-R0387
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Purchase Order Contract and any associated documents with the Houston -
Galveston Area Council of Governments for the purchase of Emergency Pre-emption
(Opticon) system equipment as specified in a Request to Purchase Goods and Services
pursuant to the part of the Master Lease Program, which Purchase Order Contract,
Request to Purchase Goods and Services and any associated documents are attached
hereto as Exhibit A and made a part hereof for all intents and purposes.
Passed by the City Council this 1 Oth day of August, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeryl D. Hart, Jr.
Jeryl D. Hart, Jr., P.E., Traffic Engineer
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Exhibit A is filed with Resolution No. 2006-R0387.
The City's emergency pre-emption system is utilized on approximately 50
percent of approaches at signalized intersections. This acquisition will expand
the pre-emption system and will include the installation of equipment in
emergency vehicles.
City emergency services use the system to receive green lights when they
proceed through intersections.
This acquisition will be made through the Houston -Galveston Area Council
(H-GAC) purchasing cooperative, Contract PE05-05. H-GAC is a regional
planning commission created under the Acts of the 59th Legislature, Regular
Session, 1965, re -codified as a Texas Local Government Code, Chapter 391.
FISCAL IMPACT
The emergency pre-emption system will be funded through the Master Lease
Program, as approved in Resolution No. 2005-R0460 (amended by Resolution
No. 2006-R0082) and Resolution No. 2005-R0579.
Staff recommended purchase order to Consolidated Traffic Controls, Inc. of
Arlington, Texas for $499,970.22.
Traffic Engineer Jere Hart, City Manager Lee Ann Dumbauld, and Chief
Financial Officer Jeff Yates gave comments and answered questions from
Council.
Motion was made by Council Member Leonard, seconded by Council
Member Price to pass Resolution No. 2006-R0387 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
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6.1. Board Establishment Ordinance 2nd Reading - City Council: Ordinance
No. 2006-00080 Consider and ordinance amending Chapter 2 of the
Code of Ordinances, City of Lubbock Texas, to add Article XVI, entitled
"Model Codes and Construction Advisory Board"; providing a savings
clause and providing for publication.
ORDINANCE NO.2006-00080
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, TO ADD ARTICLE XVI, ENTITLED
"MODEL CODES & CONSTRUCTION ADVISORY BOARD"; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Early in 2006, staff proposed the creation of a committee composed of various
area stakeholders and technical representatives to review the technical
provisions of the National Model Construction Codes when proposed for
periodic adoption. The codes are nationally -promulgated minimum standards
for construction and remodeling of all building systems, including residential,
fire and life safety, structural, mechanical (HVAC), plumbing, electrical, fuel
gas, energy conservation, and rehabilitation that are intended for adoption by
units of government as local law, and are increasingly mandated by state
legislatures, including Texas.
Amendments to the national standards should be carefully considered and
requires the City to thoroughly and carefully evaluate potential amendments.
The proposed make-up of this Board is carefully considered and balanced to
include general representation of the affected community and specific
technical input where needed. This is accomplished with a board of 12
standing members, all of whom have a general knowledge of the provisions
within their purview, and one "technical alternate" that will vary depending
upon the code provisions under consideration. The ordinance provides for
balanced Board membership and a comprehensive review process which
ensures that recommendations to the City Council clearly communicate
impacts on health and or/life safety levels. In addition, the Board will be
charged with the responsibility to review and recommended proposed fee
schedules impacting the construction industry.
The draft ordinance has been extensively reviewed by both staff and the
Liaison Committee of the West Texas Homebuilder's Association, with a
consensus reached. Both groups believe that the draft, as presented, addresses
all concerns.
FISCAL IMPACT
In addition to the non -quantifiable costs to the City for staff time in serving an
additional board, the following fiscal impact is anticipated:
1) A full set of model codes for each Board member is estimated to cost $450
per member every third year beginning in FY 2006-07.
2) A set of annual supplements for each Board member is estimated to cost
$20 per member every first and second year beginning in FY 2007-08.
3) Recommended annual training for staff and Board members is estimated to
cost $3,500.
Rob Allison, Executive Director of Business Development, and Randy
McGuire with the West Texas Home Builders Association, gave comments
and answered questions from Council.
Motion was made by Council Member Price, seconded by Mayor Pro Tern
Gilbreath to pass on second and final reading Ordinance No. 2006-00080 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
6.2. Waiver of Payment in Lieu of Taxes Resolution - Community
Development: Resolution No. 2006-RO388 approving a waiver of the
"Payment in Lieu of Taxes" for 2006, due pursuant to the Cooperation
Agreement for Lubbock Housing Authority.
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RESOLUTION NO.2006-R0388
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve a waiver of
the "Payment in Lieu of Taxes" for 2006, due pursuant to the Cooperation Agreement
dated August 24, 1995, and all amendments thereto, for Lubbock Housing Authority.
Passed by the City Council this 1 Oth day of August, 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/ Amy Sims
Amy Sims, Assistant City Attorney
On August 24, 1995, the City of Lubbock entered into a cooperative
agreement with Lubbock Housing Authority (LHA) requiring that the
Payment In Lieu of Taxes (PILOT) be made to the City on an annual basis.
On April 24, 2003, City Council approved an amendment to the original
agreement that would allow Council to approve the waiver following an
annual review. Approval of the waiver shall be based upon LHA's use of the
previous year's waived PILOT funds on an affordable housing project. If the
waived amount is shown not to have been used for an affordable housing
project, the City will not waive the payment, unless the waiver is otherwise
approved by the Council.
On February 17, 2005, LHA brought a request to City Council to waive the
PILOT for both 2004 and 2005. The request was approved by Council.
The current request is to waive the PILOT for 2006. The Accounting
Department staff has identified the amount to be waived as being $42,197.
LHA has provided Community Development staff with back-up
documentation showing that the Lubbock Housing Authority has spent over
$100,000 to rehabilitate affordable housing units in Lubbock, meeting the
conditions of the amendment to the cooperative agreement.
FISCAL IMPACT
The $42,197 waiver is lost revenue to the General Fund.
Staff recommended approval of this resolution.
Nancy Haney, Executive Director of Community Services, and Quincy White,
Executive Director of Lubbock Housing Authority, gave comments and
answered questions from Council.
Motion was made by Council Member Price, seconded by Mayor Pro Tern
Gilbreath to pass Resolution No. 2006-R0388 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
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6.3. Ordinance Amendment 1st Reading - Health: Ordinance No.
2006-00086 amending Chapter 12 of the Code of Ordinances of the City
of Lubbock, Texas, with regard to the adoption of food establishment
rules; certification of food managers; providing a savings clause;
providing a penalty; and providing for publication.
ORDINANCE NO.2006-00086
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
ADOPTION OF FOOD ESTABLISHMENT RULES; CERTIFICATION OF FOOD
MANAGERS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND
PROVIDING FOR PUBLICATION.
Section 1 of the ordinance adopts the Texas Food Establishment Rules as
adopted by the Texas Department of State Health Services on March 15, 2006.
Section 2 provides the framework to require a certified food safety manager at
each establishment. Section 3 provides for a penalty deemed a misdemeanor
with a fine not to exceed $2,000 for violations of any provision of this
ordinance. Section 4 allows for continuance of the remainder of the ordinance
should any paragraph, section, clause, phrase, or work of this ordinance be
declared unconstitutional or invalid for any reason. Section 5 provides for
publication of the descriptive caption of this ordinance.
Staff recommended adoption of these rules in order to be consistent with state
and federal regulations. These activities are directly related to protection of
public health and safety.
The last update to the ordinance adopting the Texas Food Establishment Rules
occurred in 2000. Since then, the Texas Legislature has agreed to review and
update the rules every four years to reflect advances in technology and
industry innovations. The 2006 rule changes include:
• The inclusion of Norovirus as a disease that an infected employee must
report to a food manager. The food employee will then be excluded from
food service work until a physician approves the employee's return to
work.
• Guidelines based on the FDA National Retail Food Program Regulatory
Standards for the competency of food safety inspectors. These guidelines
include Registered Sanitarian certification, continuing education
requirements, and recommendations for staff development.
• Hot -hold temperatures have been lowered from 140 degrees Fahrenheit to
135 degrees Fahrenheit. This was a recommendation of the Conference
for Food Protection.
• All food establishments must have at least one Certified Food Manager on
staff. This is currently required by law outside the Lubbock city limits.
Staff will offer educational opportunities during the first year after
adoption and before enforcing this requirement.
• The standard inspection form will prompt a more thorough inspection by
obliging inspectors to note whether a violation is in compliance, out of
compliance, not applicable to that establishment, or not observed at time
of inspection.
The Board of Health adopted these food rules at their July 14, 2006, meeting.
FISCAL IMPACT
The impact to the General Fund will be minimal. However, staff can expect an
increase in frequency and attendance of our in-house food safety course due to
the Certified Food Manager requirement, which increase revenues slightly.
Environmental Health currently charges a fee for this course to offset related
expenditures.
The Board of Health and staff recommended approval of the first reading of
this ordinance.
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Bridget Faulkenberry, Environmental Specialist, gave comments and
answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass on first reading Ordinance No. 2006-00086 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.4. Ordinance Amendment 1st Reading - Water and Waste Water Utilities:
Ordinance No. 2006-00087 amending Chapter 28 of the Code of
Ordinances of the City of Lubbock, Texas, with regard to acceptance of
water and/or sewer improvements; providing a penalty; providing a
savings clause; and providing for publication.
ORDINANCE NO.2006-00087
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ACCEPTANCE OF WATER AND/OR SEWER IMPROVEMENTS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Upon completion of water and/or sewer facilities in accordance with the
design approved by the City by private contractor and acceptance by the City,
or upon completion by the City, the facilities so constructed become and
remain the property of the City and are maintained as a part of its water and/or
sewer system.
The City Engineer now accepts routine street and related improvements, and it
is proposed that the City Manager, or her designee, accept routine water and
sewer related improvements in new developments.
This ordinance amendment will provide that, after final inspection and
approval of the water and/or sewer improvements required by Chapter 25 of
the Code of Ordinances, the City Manager, or her designee, will accept the
improvements, except where City costs are related to the acceptance. In such
case, the Water Utility Chief Engineer, or his or her designee, shall submit the
said improvements to the City Council for their consideration for approval and
acceptance.
All water and/or sewer development improvements will be presented to the
Lubbock Water Advisory Commission as part of their review of Water Utility
operations.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of the first reading of this ordinance.
City Attorney Anita Burgess answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass on first reading Ordinance No. 2006-00087 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
This item was reconsidered following Item 6.5.
At this time, motion was made by Council Member Jones, seconded by
Council Member DeLeon to reconsider Item 6.4. Motion carried: 7 Ayes, 0
Nays.
Item 6.4 was reconsidered and discussion was had. First Assistant City
Attorney Richard Casner and City Manager Lee Ann Dumbauld gave
comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Mayor Pro Tern
Gilbreath to pass Ordinance 2006-00087 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
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6.5. Contract Resolution - Water Utilities: Resolution No. 2006-R-0389
authorizing the Mayor to execute a contract with Craig Wallace
Construction for Parks Irrigation System Groundwater Conversion,
Phase I Development.
RESOLUTION NO.2006-RO389
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 between the City
of Lubbock and Craig Wallace Construction for Parks Irrigation System Groundwater
Conversion, Phase I Development, 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 l Oth day of August, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas L. Adams
Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this loth day of August, 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 Craig Wallace Construction I, Ltd., 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 #06-710-13M - PARKS IRRIGATION SYSTEM GROUNDWATER
CONVERSION, PHASE I - $1,446,900.98
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. Craig Wallace
Construction 1, Ltd.'s proposal dated July 28, 2006 is incorporated into and made a part
of this agreement.
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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 CITY OF LUBBOCK, TEXAS
Craig Wallace Construction 1, Ltd. (OWNER)
By: /s/ Craig Wallace, Jr.
PRINTED NAME: Craig Wallace, Jr.
TITLE: President
COMPLETE ADDRESS:
Craig Wallace Construction I, Ltd.
P.O. Box 6674
Lubbock, TX 79493
ATTEST:
/s/ K. Murrell
Corporate Secretary
By: /s/ David A. Miller
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Owner's Representative
/s/ Thomas L. Adams
Director
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
This project involves converting irrigation systems in 11 City parks from the
municipal water supply to a groundwater source with 21 irrigation wells in an
effort to conserve potable water. City potable water will be used in the event
of a well failure, or necessary water pressure, to ensure system performance.
This project affects the following parks with the corresponding number of
wells shown for each park:
Duran - 2
Elmore - 3
Hoel - 2
Kastman - 2
Lopez - 1
Mahon - 2
Remington - 2
Ribble - 2
Rogers - 2
Smith - 1
Stevens - 2
Texas Local Government Code Section 252.043(d-1) provides that a contract
for certain types of construction projects that require an expenditure of $1.5
million or less may be awarded using the competitive sealed proposal
procedure prescribed by Section 271.116 of the Texas Local Government
Code. Using the competitive sealed proposal procedure is intended to help
local governments attract contractors who otherwise may not have an interest
in participating on the basis of low bid and gives municipalities the ability to
bring their projects in within budget with the contractor who offers the best
value. This is compared to an ITB that limits us to basing contract award on
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the lowest bid, which could be over budget requiring us either to search for
additional funds or start the bid process over.
Selection criteria used in this RFP includes price 60%; construction time 15%,
resume and references of proposed job superintendent 5%, list of potential
items that could reduce the cost of work and result in same end product 5%,
insurance claims and litigation during last three years 5%, list of
subcontractors 5%, and contracting phasing options which may shorten
construction time without increasing proposed contract amount 5%. The
following general contractors submitted proposals and were evaluated and
ranked in relation to the published selection criteria as follows:
Craig Wallace Construction of Lubbock, Texas proposed a project cost of —
$1,636,868 with time for completion of 180 days and scored 210 points.
High Plains Drilling of Abernathy, Texas proposed a project cost of
$1,714,008 with time for completion of 210 days and scored 175 points.
Texas Local Government Code Section 271.116(f) requires the City to select
the offeror that offers the best value based on the published selection criteria
and on its ranking evaluation. In determining best value, the City is not
restricted to considering price alone, but may consider any other factor stated
in the selection criteria. The City and its engineer or architect may discuss
with the selected offeror options for a scope or time modification and any
price change associated with the modification. If the City is unable to
negotiate a contract with the selected offeror, the City must, formally and in
writing, end negotiations with that offeror and proceed to the next offeror in
the order of the selection ranking until a contract is reached or all proposals
are rejected.
In order to bring the contract amount within the statutory limit, staff is
discussing with the selected offeror the following scope or time modifications
and any price change associated with the modifications:
1. No separate ditching shall be required for the conduit. Contractor will be
allowed to use the water line trench to install conduits from well heads to
pump buildings.
2. Feeder wire size shall be reduced from #3W to #8W.
3. Step down transformer size shall be reduced from 15kVA to 7.5kVA.
4. Transformer shall be installed in the control building. Consequently, no
stand-alone rack will be required.
5. All electrical enclosures shall be reduced from 8-foot double wide to 4-
foot single wide.
6. Enclosures may have open bottom if that results in cost savings.
7. Concrete pads for electrical enclosures shall be reduced according to
enclosure sizes.
8. One disconnect assembly shall be eliminated as the combo pump panel
includes disconnect function.
9. Exterior light for control building shall be removed.
10. Reduce panel box capacity and size. Eliminate or combine several 20-amp
circuits in the building.
11. T-footing may be simplified if it results in cost savings.
12. Water line trench width may be reduced from i 6-inch if it results in cost —
savings.
All of the above items are currently being discussed. Approval of the
resolution and contract award is conditioned on a combination of one or more
of the abovementioned scope or time modifications and any price change
associated with the modifications resulting in a contract amount of $1.5
million or less. This information was presented at the August 10, 2006, City
Council meeting.
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$2.2 million is appropriated with $1,762,465 available in Capital
Improvement Project 90357, Parks Conversion to Groundwater, for this
purpose.
Staff recommended contract award to Craig Wallace Construction of
Lubbock, Texas.
Tom Adams, Deputy City Manager/Water Utilities Director; Victor Kilman,
Director of General Services; and Wood Franklin, Interim Chief Engineer for
Water Utilities, gave comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO389 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
Item 6.4 was reconsidered following the above item.
6.6. Budget Ordinance 1st Reading - Finance: Ordinance No. 2006-00088
amendment #20 amending the FY 2005-06 budget respecting the
Abandoned Vehicle Special Fund and Grant Fund.
ORDINANCE NO.2006-00088
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) ABANDONED VEHICLE SPECIAL FUND; (2)
GRANT FUND; (3) GENERAL FUND; AND (4) WATER FUND. (AMENDMENT
#20)
1. Appropriate additional estimated revenue of $450,000 in the Abandoned
Vehicle Special Fund from monies received from the auction proceeds of
abandoned vehicles for wrecker, tow truck, and vehicle storage services.
This budget amendment will increase total appropriated revenues to
$750,000 and estimated expenses of $450,000 for a projected year-end
addition to fund balance of $300,000. The accumulated fund balance is
used to provide funding for specialized equipment and technology needs
of the Police Department.
2. Accept and appropriate a $33,750 grant from the Texas State Library and
Archives Commission for the Gates Foundation Access Computer
Hardware Upgrade Grant Program (PAC HUG). This funding will replace
PACs still utilizing Windows NT operating systems originally granted by
the Foundation and computer lab PACs.
3. Accept and appropriate a $205,159 grant from the United States
Department of Justice for the Local Law Enforcement Block Grant
Program (LLEBG) for the Public Safety Computer System.
4. Accept and appropriate a $511,653 grant from the United States
Department of Justice, Office of Community Oriented Policing Services,
for the purchase of mobile data computer hardware.
5. Accept and appropriate a $96,133 grant from the United States
Department of Justice for the Local Law Enforcement Block Grant
Program (LLEBG) for the Public Safety Computer System.
6. Accept and appropriate a $738,982 grant from the United States
Department of Justice, Office of Community Oriented Policing Services,
for a wireless data communications network project.
7. Accept and appropriate a $291,738 grant from the United States
Department of Justice for an Edward Byrne Memorial Justice Assistance
grant to fund radio/data communication infrastructure upgrades, mobile
transmitters, and software.
8. Accept and appropriate a $168,534 grant from the United States
Department of Justice for an Edward Byrne Memorial Justice Assistance
grant to fund radio/data communication infrastructure upgrades, software,
and Lubbock County technology purchases.
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Included in Item Summary.
Staff recommended approval of the first reading of this ordinance
Chief Financial Officer Jeff Yates and City Manager Lee Ann Dumbauld gave
comments and answered questions from Council. Mayor Miller asked Mr.
Yates to make sure that the grants (that we are certain of) are indeed rolled
into the City's revenue sources for the coming budget year.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2006-00088 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
6.7. Board Appointments - City Secretary: Consider 15 appointments to
Lubbock Centennial Committee; consider thirty-five appointments to
Citizen Advisory Committee.
Motion was made by Council Member Price, seconded by Council Member
Leonard to appoint Morris Wilkes, Lonnie Hollingsworth, Beverly McBeath,
Mark Flenniken, Dr. Idris Traylor, Monte Monroe, Randy Christian, Marie
Hanza, Linda Gaither (Chair), Sandy Henry, Paul R. Bean, Peter Laverty,
Alice Lozada, R.J. Givens, and Katie Parks to the Lubbock Centennial
Committee. Motion carried: 7 Ayes, 0 Nays.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Jones to appoint Paul Stell, Kevin Atkins, Mike Stevens, Burle Pettit,
Dr. Greg Johnson, Becky Yates, Tracy Bacon, Steve Locke, Jerry Bell, Linda
Greenstreet, David Wilkerson, Zach Brady, Walt Huffinan, Regina Johnston,
Carla Moran, Dana Craig, Don Graf, Les Hatch, Bill Miller, Dr. Peter Ho,
Paul Dannevik, Laura James, Donya Snead, Andy Cates, Ysidro Gutierrez,
Jimmy Castillo, Annette Castellano -Chavez, Rudy Rosales, Veronica Lujan,
Rev. Jackie Johnson, George Love, Chris Moore, Paul Frazier, and Felecisima
Betts to the Citizen Advisory Committee. Motion carried: 7 Ayes, 0 Nays.
10:55 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
1:00 P.M. CITY COUNCIL RECONVENED
6.8. Property Tax Rate Proposal Resolution - Finance: Resolution No.
2006-RO390 authorizing a proposal to adopt a property tax rate that will
result in additional revenue as outlined in Section 26.05(d) of the Tax
Code of the State of Texas, schedule public hearings, and discuss effective
and rollback tax rates.
RESOLUTION NO. 2006-RO390
WHEREAS, the City Council of the City of Lubbock desires to place a proposal
to adopt a property tax rate that will result in additional revenue as outlined in Section
26.05(d) of the Tax Code of the State of Texas on the agenda of a future meeting as an
action item and schedule public hearings; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
cause publication of the attached "Notice of Public Hearing of Tax Increase" approved
by the City Council as required by law, which said Notice is made a part hereof for all
intents and purposes.
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Passed by the City Council this loth day of August, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeffrey A. Yates
Jeff Yates, Chief Financial Officer
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Notice is filed with Resolution No. 2006-R0390.
The approval of this resolution is required by state law, as amended by Senate
Bill (S.B.) 18 and S.B. 567, and is not the adoption of the tax rate. This action
is necessary for the publication of a proposed tax rate and the scheduling of
public hearings to discuss the proposed tax rate. The rate that is finally
adopted by the City Council in September will follow two public hearings,
two readings of the tax ordinance, and public discussion.
The Texas Constitution and Property Tax Code embody the concept of
truth -in -taxation to require taxing units to comply with certain steps in
adopting their tax rates. The truth -in -taxation laws have two purposes:
To make taxpayers aware of tax rate proposals and;
To allow taxpayers, in certain cases, to roll back or limit a tax increase.
The truth -in -taxation requirements are contained in the Texas Constitution,
Chapter 26, Property Tax Code, Article VIII, Section 21 and in S.B. 18 of the
79th Texas Legislature and S.B. 567 of the 80th Texas Legislature.
Beginning in early August, the City took the first step toward adopting a tax
rate by calculating and publishing the effective and rollback tax rates in
coordination with the Lubbock Central Appraisal District.
Effective tax rate.
The effective tax rate is a calculated rate that will provide the City with about
the same amount of revenue it received during the prior year, on properties
taxed in both years. If property values rise, the effective tax rate will go down
and vice versa. The calculated effective rate for FY 2006-07 is $0.43485 per
$100 valuation.
Rollback tax rate.
The rollback rate is a calculated maximum rate allowed by law without voter
approval. The rollback rate provides the City with about the same amount of
tax revenue it spent the previous year for day-to-day operations, plus an extra
8 percent increase for those operations plus sufficient funds to pay debts in the
coming year. If the City adopts a tax rate that is higher than the rollback rate,
10% of the registered voters in the City (12,993 voters as of 08/04/06) can
circulate a petition calling for an election to limit the size of the tax increase.
The calculated rollback tax rate for FY 2006-07 is $0.49030 per $100
valuation.
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The City Council must follow new legislative guidelines for proposing and
adopting a tax rate. If the tax rate proposed by the governing body exceeds the
effective tax rate or rollback rate, whichever is lower, the City must publish
the new hearing notice, post a new Internet Web site notice, and hold two
public hearings.
If the proposed rate exceeds the rollback rate or the effective rate, whichever
is lower, the City Council must vote to place a proposal to adopt the rate on
the agenda of a future meeting as an action item. This vote must be recorded.
The proposal must specify the desired rate. The City cannot vote to adopt a
proposal to increase taxes by an unspecified amount. If the motion passes, the
governing body must schedule two public hearings on the proposal. The City —
Council is not legally bound to adopt the proposal and may adopt some other
tax rate in the ordinance on the final passage of the tax levy ordinance.
After proposing a tax increase and scheduling the two public hearings, the
City Council must notify the public of the dates, times and place or places for
these hearings and provide information about the proposed tax rate at least
seven days before the public hearings.
After publishing the first required notice, the City must hold two public
hearings. Taxpayers must have the opportunity to express their views on the
increase at each hearing. The City Council may not adopt the tax rate at either
of these hearings. At each hearing, the governing body must announce the
date, time and place of the meeting at which it will vote on the tax rate.
After the public hearings and before the meeting scheduled for the vote, the
City Council must publish a second quarter -page notice titled Notice of Vote
on Tax Rate.
The Tax Code requires that the City Council adopt the tax rate no less than
three days but no more than 14 days after the second public hearing. If the
City does not adopt during this time period, then it must republish the second
notice of the meeting to adopt the tax rate, with the new date, time and
location to adopt the rate. —
The Local Government Code, Chapter 102 also requires a budget public
hearing prior to the passage of a tax levy ordinance. The budget ordinance
must be passed before the tax levy ordinance is passed.
Attached to the resolution is the actual copy of the Notice of Public Hearing
on Tax Rate, the calculation of the effective and rollback tax rates and a
calendar of future Council meetings and public hearings related to the budget
and tax rate.
FISCAL IMPACT
Dependent upon proposed tax rate.
Staff recommended approval of this resolution.
Mayor Miller explained the process of adopting a tax rate.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Leonard to pass Resolution No. 2006-R0390 and propose a tax rate
of .43485 plus the additional debt service (already incurred) of .01035 for a
total proposed tax rate of .4452 as recommended by staff.
Discussion occurred.
Andy Burcham, Director of Fiscal Policy and Strategic Planning, and Chief
Financial Officer Jeff Yates gave a presentation on some of the steps that the _
State of Texas requires before finally adopting a tax rate. They both answered
questions from Council.
According to Mr. Yates, the budget and tax rate hearing schedule that meets
all legal obligation and advertising requirements is:
August 14, 2006 — Publish the first notice of the tax rate hearing
August 15 & 17, 2006 — 1:30 p.m. Budget Work Session
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August 22, 2006 — Publish the second notice of the tax rate hearing
August 24, 2006 — Regular City Council Meeting & 7:30 a.m. First
Public Hearing on the tax rate
August 31, 2006 — Special City Council Meeting with a Public Hearing
for the budget, and second tax rate hearing from
3:00 p.m. — 9:00 p.m.
September 1-9, 2006 — Publish the notices
September 13, 2006 — 7:30 a.m. Regular City Council Meeting & second
reading of Budget Ordinance & Tax Levy
Ordinance
The budged will be adopted well ahead of the September 29, 2006 deadline.
Council Member Boren stated that he recalls that the last two years the
national CPI adjusted tax rate was used and this year the local CPI adjusted
tax rate is being used. Because the City has always used the lower of the two,
he asked Yates to check it out.
After further discussion, motion was made by Council Member Leonard,
seconded by Council Member Boren to call for the question. Vote was taken,
which failed: 3 Ayes, 4 Nays. Mayor Miller and Council Members Price,
DeLeon, and Jones voted Nay. Discussion continued.
Vote was taken on the motion on the table made by Mayor Pro Tern Gilbreath,
seconded by Council Member Leonard to pass Resolution No. 2006-RO390
and propose a tax rate of .43485 plus the additional debt service (already
incurred) of .0 103 5 for a total proposed tax rate of .4452 as recommended by
staff. Motion carried: 5 Ayes, 2 Nays. Council Members Jones and Price
voted Nay.
7. WORK SESSION
7.1. Update on 2006 Music Festival - Entertainment Lubbock Committee:
Jim Bertram, Don Caldwell (Chairman), and Jim Douglas of the
Entertainment Lubbock Committee gave an update on the 2006 Music
Festival and ticket sales. They also answered questions from Council. Mayor
Miller asked that the Committee submit a finance report (check -by -check, full
account) to the City Manager at the end of the festival.
Nancy Haney, Executive Director of Community Development, and City
Manager Lee Ann Dumbauld gave comments and answered questions from
Council.
2:50 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
Read and approved this day of 1h, 2008.
DAVID A. MILLER, MAYOR
ATTEST:
C
Rebe ca Garza, City Sec -re ary
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