HomeMy WebLinkAboutMinutes - City Council - Regular - 8/24/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
August 24, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 24th
day of August, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:34 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller, Mayor Pro Tem Jim Gilbreath, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Phyllis Jones, Council Member John Leonard, Council
Member Floyd Price
Absent: No one
1. PUBLIC HEARING
I.I. Public Hearing - 7:30 a.m. Hold a public hearing on a proposal to
increase total tax revenues from properties on the tax roll in the
preceding tax year by 2.38% (percentage by which the proposed tax rate
exceeds the effective tax rate calculated under Chapter 26, Tax Code).
Mayor Miller opened the public hearing at 7:35 a. in. Brian Thornton, David
Seim, and Susie Bullock appeared to address Council regarding the tax
increase. Mayor Miller closed the hearing at 7:42 a. in.
1.2. Citizen Comments (Not to Exceed 30 Minutes) Immediately following
public hearing — Any citizen wishing to appear before any regular
meeting of the City Council shall advise the City Manager's office of that
fact no later than seven days before the meeting at which the citizen
wishes to appear. Any citizen wishing to so appear shall inform the City
Manager's office, in writing, of the subject of the appearance. The subject
matter shall be sufficiently detailed as to inform the City Council and the
public of its nature. Such notice shall contain the name and address of the
requestor. The appearance of any citizen giving such notice to the City
Manager's office shall take precedence in addressing the City Council
during the public comment period. Any citizen failing to advise the City
Manager's office of his/her wish to appear before the City Council as
hereinabove set forth shall, time permitting, be permitted to address the
City Council after those having given notice.
• Tom W. Scarborough addressed Council regarding changing the name of
34th Street (west of Slide Road) to Golf Course Road, due to a new golf
course being constructed on West 34th Street and an existing golf course
in that area.
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."
7:45 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present.
Regular City Council Meeting
August 24, 2006
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, 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 551.074(a)(1), to discuss personnel matters regarding
duties, responsibilities, and/or appointments to the Health/Education
Facilities Board of Directors, MHMR Board of Trustees, Permit &
License Appeal Board, Urban Design/Historic Preservation Commission,
and Zoning Board of Adjustment.
2.5. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
2.5.1 to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.5.2 to discuss, vote and take final action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light;
2.5.3 to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency.
8:30 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Phyllis Jones; Council Member John Leonard; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Tommy Combs, Deputy City Secretary
Absent: No one
Mayor Miller reconvened the meeting at 8:30 A. M.
Mayor Miller stated, as public record, that the meeting at which the City Council will
vote on the final tax rate will be September 13, 2006 at 9:30 a.m. here in the City
Council Chambers.
3. PROCLAMATIONS AND PRESENTATIONS
Items 3.1-3.4 were considered following Item 6.15.
4. MINUTES
Item 4.1 was considered following Item 3.4.
5. CONSENT AGENDA (Items 5 1-5 2, 5 5-5 8, 5.11-5.14, 5.16-5.17, 5.19-5.20)
Motion was made by Council Member Leonard, seconded by Council Member Price
to approve Items 5.1-5.2, 5.5-5.8, 5.11-5.14, 5.16-5.17, 5.19-5.20 on consent agenda
as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
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5.1. Ordinance Amendment 2nd Reading - Health: Ordinance No.
2006-00086 Consider 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.
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 second reading
of this ordinance.
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5.2. Ordinance Amendment 2nd Reading - Water and Waste Water Utilities:
Ordinance No. 2006-00087 Consider 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.
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 second reading of this ordinance.
5.3. This item was moved from consent agenda to regular agenda and
considered following Item 5.20.
5.4. This item was moved from consent agenda to regular agenda and
considered following Item 5.3.
5.5. Grant Contract Resolution - Citibus: Resolution No. 2006-RO391
authorizing the Mayor to execute Section 5307 Grant Agreement with the
Texas Department of Transportation for state financial assistance to be
used by Citibus to provide transportation services.
RESOLUTION NO. 2006-RO391
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, Section 5307 Grant
Agreement by and between the City of Lubbock and the Texas Department of
Transportation for state financial assistance to be used by Citibus to provide
transportation 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.
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Passed by the City Council this 24th 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
ACM of Transportation and Public Works
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-R0391.
The Texas Department of Transportation (TxDOT) is allocating a $713,138
grant of public transportation funds to the City for operating assistance used
by Citibus to maintain the public transportation system during FY 2006-07.
These funds are included in the Citibus FY 2006-07 budget previously
submitted to the City Council. A revised TxDOT formula resulted in a
reduction from last fiscal year's $792,376 grant award.
The contract becomes effective on September 1, 2006, or when fully executed
by both parties, and terminates on August 31, 2007.
FISCAL IMPACT
Acceptance of this grant will result in no additional cost to the City.
Staff recommended approval of this resolution.
5.6. Paving Improvements Resolution - Public Works: Resolution No.
2006-RO392 accepting paving improvements in Lynwood Addition, Lots
67 through 190, and directing payment of the City's share of the cost of
those improvements to the developer.
RESOLUTION NO.2006-RO392
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 67-190, Lynnwood
Addition, made arrangements with Armor Asphalt Construction Company, Inc. for the
construction of paving improvements on certain streets and avenues dedicated in said
subdivision under the provisions of said Ordinance prior to the recording of the
subdivision plat of the above -mentioned Addition, including the following streets,
avenues and alleys:
North Brentwood Avenue from the north end of radius of Fordham Street to the
end of the cul-de-sac north of Fordham Street.
North Bangor Avenue from the north end of radius of Harvard Street to the north
end of radius of Kemper Street.
North Belmont Avenue from the north end of radius of Grinnell Street to 7 feet
north of the north property line of the alley north of Kemper Street.
North Chicago Avenue from the north lip line of Erskine Street to the north end of
radius of Fordham Street.
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Jarvis Street from the end of the cul-de-sac west of North Belmont Avenue to the
west lip line of North Belmont Avenue.
Grinnell Street from the end of the cul-de-sac west of North Belmont Avenue to
the west lip line of North Belmont Avenue.
Harvard Street from the PC of the curve west of the alley west of North Belmont
Avenue to the west lip line of North Belmont Avenue.
Kemper Street from 7 feet west of the west property line of the alley west of
North Belmont Avenue to the west lip line of North Belmont Avenue.
Kemper Street from the east lip line of North Belmont Avenue to the west lip line
of North Bangor Avenue.
Kemper Street from the east lip line of North Bangor Avenue to 7 feet east of the
east property line of the alley east of North Bangor Avenue.
Fordham Street from the east lip line of North Chicago to the west end of radius
of the alley east of North Chicago Avenue.
The north half of Erskine Street from the west plat limit of Lynwood Addition to
the East end of radius of North Chicago Avenue.
WHEREAS, the construction of the above improvements on the above -mentioned
streets, avenues and alleys was performed under the supervision of the City Engineer, and
said improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues BE and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council and to
direct payment of the City's portion of the cost in the amount of $12,817.55 to the
Developer.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 24th 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/Larry D. Hertel
Larry D. Hertel, P.E., City Engineer
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
This is a routine acceptance of paving improvements required at the time of
platting a new subdivision. The paving improvements consist of curb and
gutter and asphalt paving on the following streets and avenues:
North Brentwood Avenue from Fordham Street to the cul-de-sac north of
Fordham Street.
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North Bangor Avenue from Harvard Street to Kemper Street.
North Belmont Avenue from Grinnell Street to the alley north of Kemper
Street.
North Chicago Avenue from Erskine Street to Fordham Street.
Jarvis Street from the cul-de-sac- west of North Belmont Avenue to North
Belmont Avenue.
Grinnell Street from the cul-de-sac west of North Belmont Avenue to North
Belmont Avenue.
Harvard Street from the alley west of North Belmont Avenue to North
Belmont Avenue.
Kemper Street from the alley west of North Belmont Avenue to North
Belmont Avenue.
Kemper Street from North Belmont Avenue to North Bangor Avenue.
Kemper Street from North Bangor Avenue to the alley east of North Bangor
Avenue.
The north half of Erskine Street from the west plat limit of Lynwood Addition
to the east end of radius of North Chicago Avenue.
FISCAL IMPACT
This subdivision was platted prior to the revision to the City's paving policy
related to prepaid paving on thoroughfare streets and City extra width cost on
collector streets. North Chicago Avenue is a collector, and the City is
responsible for the cost of the extra width paving on this street.
Upon approval of this resolution, the City's portion of the paving cost of
$12,817.55 will be due the contractor. Funding for this cost is available from
the existing Subdivision and Assessment Capital Improvement Project
#91051.
Staff recommended approval of this resolution.
5.7. Street and Alley Use License Resolution - Right -of -Way: Resolution No.
2006-RO393 authorizing the Mayor to execute a street and alley use
license with E-COR II, Ltd to use a portion of dedicated streets and alley
right-of-way for an underground electrical conduit/communications cable
and oxygen pipeline located at 3815 20th Street.
RESOLUTION NO. 2006-RO393
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 an underground electrical conduit/communication cable and
oxygen pipeline, by and between the City of Lubbock and E-COR II, Ltd., and related
documents. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
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Passed by the City Council this 24th 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 Chamales
Linda Chamales
Senior Attorney/Office Practice
E-COR II, Ltd is the owner of the property located at 3815 20th Street and a
newly constructed Long Term Acute Care Hospital is being built at this
location. E-COR II, Ltd is requesting this street and alley use license to install
an underground electrical conduit/ communications cable and oxygen pipeline
to connect their new facility to other facilities in the area. The first
underground crossing will be located across Miami Avenue half way between
20th Street and 21 st Street to install electrical and communications cable. The
second location will be in the alley and crossing Memphis Avenue between
20th Street and 21 st Street and Miami Avenue and Louisville Avenue with an
underground electrical conduit and oxygen pipeline. The Right -of -Way
Department valued this license at $7 per square foot based on adjacent land
values in this area. Using the street use license formula for sub -surface
encroachments, a value is calculated as follows: 582 total square feet x $7 per
square foot x 60% x 10% = $244.44 per year. This license will be for 20
years, $1,222.20 payable every 5 years in advance. All utilities companies are
in agreement with this license.
FISCAL IMPACT
$244.44 annual revenue.
Staff recommended approval of this resolution.
5.8. Release an Electrical Service Line Easement Resolution - Right -of -Way:
Resolution No. 2006-RO394 authorizing the Mayor to execute a release of
an electrical service line easement to McCanton Woods, Ltd., easement
located at 2301 4th Street.
RESOLUTION NO.2006-RO394
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 Release of Easement, and
all related documents. Said Release of Easement 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 24th 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/Travis Turner
Travis Turner, Lubbock Power and Light
/s/Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
Valley Savings and Loan Association of Artesia, New Mexico and First
Federal Savings and Loan Association of Big Spring, Texas granted an
electrical service line easement to the City in 1988. This easement is located
on the south side of Lots 1-5 Block 124 Overton Addition and, due to the re-
development of this area, the easement is no longer needed. LP&L is in
agreement to release this easement.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution.
5.9. This item was moved from consent agenda to regular agenda and
considered following Item 5.4.
5.10. This item was moved from consent agenda to regular agenda and
considered following Item 5.9.
5.11. Transfer of Property Resolution - Police: Resolution No. 2006-RO395
authorizing the Mayor to execute an agreement with the U.S. Air Force to
transfer property at the former Reese Air Force Base to the City of
Lubbock for use by the Lubbock Police Academy.
RESOLUTION NO.2006-RO395
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 with
associated documents, for an amendment to a permit for a facility located on the former
Reese Air Force Base, by and between the City of Lubbock and the United States Air
Force. Said Agreement is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
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Passed by the City Council this 24th day of August, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
/s/ Dan Dennison
Dan Dennison, Environmental Compliance Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2006-R0395.
This agreement involves the transfer, by one or more deeds, of approximately
1.5 acres of property from the U.S. Air Force to the City of Lubbock. This
property includes the Lubbock Police Academy facility and real property.
The Air Force is required to modify its Hazardous Waste Permit and
Groundwater Compliance Plan issued to Reese Air Force Base on September
6, 1996, by the Texas Natural Resource Conservation Commission at least 90
days before the transfer of the property in order to change the Reese Air Force
Base facility description to identify property that is transferred to the City as
property that is no longer included in the permitted facility description of
Reese AFB, and to include the City as co-owner of the Permit and
Groundwater Compliance Plan for the tower area property that is transferred
to the City per Title 30 Texas Administrative Code. The City will not be
responsible for any cleanup costs or liabilities associated with existing
contamination.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval resolution.
5.12. Contract Resolution - Police: Resolution No. 2006-RO396 authorizing the
Mayor to execute a purchase order agreement with CompuDyne Public
Safety & Justice, formerly known as Tiburon, for jail booking software
for the Police Records Management System.
RESOLUTION NO.2006-RO396
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Purchase Order Agreement for additional jail
booking software for the Police Department Records Management System by and between the
City of Lubbock and Tiburon/Compudyne Public Safety and Justice, and all related documents.
Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
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Passed by the City Council this 24`h 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
This item involves the sole source purchase of a software module for jail
booking to accompany the existing Police Records Management System
computer program. The Police Department's Records Management System
was originally purchased from and is maintained by CompuDyne Public
Safety & Justice, formerly known as Tiburon, of Fremont, California.
Currently, there is no computer software module used to enter jail booking
information into the system. This add -on software module is required by the
Police Department to properly add jail booking information into the system.
FISCAL IMPACT
This purchase is funded by the 2004 Local Law Enforcement Block Grant
Fund.
Staff recommended approval of purchase order to CompuDyne Public Safety
& Justice of Fremont, California for $38,900.
5.13. Contract Resolution - Police: Resolution No. 2006-RO397 authorizing the
Mayor to execute a purchase order contract with Dell Marketing LP for
28 digital cameras and flashes for Lubbock Police Department crime
scene investigations.
RESOLUTION NO.2006-RO397
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for the
purchase of 28 digital cameras and flashes in the amount of $29,900.36 for the Lubbock
Police Department under Project/Grant Number 87016, by and between the City of
Lubbock and Dell Marketing LP of Round Rock, Texas, and related documents. Said
Purchase Order is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
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Passed by the City Council this 241h day of August, 2006.
vid A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Kevin Overstreet
Kevin Overstreet, Emergency Management Coordinator
APPROVED AS TO FORM:
/s/John M. Knight
John M. Knight, Assistant City Attorney
The purchase 28 EOS Digital Rebel XT SLR cameras with 18-55 mm lens
and 28 Speedlite 580EX flashes for the Lubbock Police Department will aid
officers in accurate crime scene investigation documentation, and save the
City the expense of film and development costs.
This equipment will be purchased from Dell Marketing LP of Round Rock,
Texas through the State of Texas Department of Information Resources DIR-
SDD-192 Contract 9913578.
DIR's IT Commodity Purchasing Program is one of several special purchasing
programs authorized by Texas statute. Texas Local Government Code
Chapter 271.083 authorizes local governments to acquire hardware, software,
and other Information Technology products through the DIR program.
Pursuant to Texas Government Code Chapter 791.025, DIR has met the
competitive bid requirements.
FISCAL IMPACT
There is no cost to the City's General Fund. Grant funds allocated for this
type of equipment will be used to purchase the cameras and flashes.
Staff recommended purchase order to Dell Marketing LP of Round Rock,
Texas for $29,900.36.
5.14. Contract Resolution - Emergency Management: Resolution No.
2006-RO398 authorizing the Mayor to execute an agreement with the
Regional Advisory Council for Texas Trauma Service Area B, a non-
profit organization established by the State of Texas, for joint utilization
of a Web -based emergency management communications system.
RESOLUTION NO. 2006-RO398
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 with Texas Trauma Service
Area B, a non-profit corporation created pursuant to House Bill 18 for hosting WebEOC,
a web -based emergency management communications system for joint use by the City
and TSA-B and any associated documents, 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.
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Passed by the City Council this 24th 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/Mark Yearwood
Mark Yearwood, ACM/Chief Information Officer
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
Texas Trauma Service Area B (TSA-B) is recipient of a grant from the
National Bioterrorism Hospital Preparedness Program through the U.S.
Department of Health and Human Services, which funds development of a
unified and comprehensive system of response that meets the needs of the
region. With this funding, TSA-B is purchasing the hardware and software
required for WebEOC. WebEOC provides critical information about response
times, capacity, and resource utilization during an emergency. The
Information Technology Department will host the system. Lubbock Office of
Emergency Management will be able to use WebEOC in the Emergency
Operations Center and access to WebEOC will be provided to the 21
participating hospitals in the 22-county TSA region. TSA-B is responsible for
-- purchase of hardware and software required and the City is responsible for
installation, care, and maintenance of equipment. TSA-B will, as long as grant
funding continues, pay the annual maintenance fee.
FISCAL IMPACT
The City avoids the cost of approximately $70,000 for the purchase of the
Web -based emergency management communications system and the annual
maintenance fee. Indirect costs to the City are computer storage space and
related IT personnel labor.
Staff recommended approval of this resolution.
5.15. This item was moved from consent agenda to regular agenda and
considered following Item 5.10.
5.16. Contract Resolution - Aviation: Resolution No. 2006-RO399 authorizing
the Mayor to execute a purchase order contract with Ennis Paint Inc. for
airfield marking paint for Lubbock Preston Smith International Airport,
BID 06-051-MA.
RESOLUTION NO.2006-RO399
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 Letter of Award for
runway/taxiway marking paint — annual pricing, by and between the City of Lubbock and
Ennis Paint, Inc. of Ennis, Texas, and related documents. Said Letter of Award 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 24th 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/Steve Hemmeline
Steve Hemmeline, Airport Operations
APPROVED AS TO FORM:
/s/John Knight
John Knight, Assistant City Attorney
This bid establishes annual pricing for the purchase of marking paint for the
Lubbock Preston Smith International Airport. Marking paint is used by the
Airfield Maintenance Department to mark and identify paved airfield
runways, taxiways, and aprons used by aircraft as specified by the Federal
Aviation Administration (FAA). Paint must meet Federal Specification TT-P-
1952-D Waterborne Lead-free Paint and must be delivered in sealed 55-gallon
containers.
FISCAL IMPACT
Funds for the purchase of this material will come from Cost Center 4613,
account 8269.
Staff recommended bid award to Ennis Paint, Inc. of Ennis, Texas for
$28,262.
5.17. Contract Resolution - Health: Resolution No. 2006-RO400 authorizing
the Mayor to execute a contract with Texas Department of State Health
Services for Community Health Services Population Based Services
(DSHS Document No. 2006-020411-001) to provide financial assistance
for maternal and child health education.
RESOLUTION NO. 2006-RO400
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 CHS-Population Based
Services (DSHS Document No. 2006-020411-001) 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.
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Passed by the City Council this 24 h 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/Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
This contract with the Department of State Health Services (formerly Texas
Department of Health), DSHS Document No. 2006-020411-001, provides
financial assistance for maternal and child health education and covers the
period between September 1, 2006, through August 31, 2007. The City of
Lubbock Health Department must reapply for future funding of this program
on an annual basis.
This contract for $107,414 in financial assistance provides full salary and
fringe benefits for two health educators and one part-time data entry assistant.
These new positions will be assigned to the Health Education section of the
Health Department. Funding also includes travel, computers, audio/visual
equipment, office supplies, and educational materials. Reimbursement for all
grant expenditures is arranged through a deliverable -based reimbursement
system. Once pre -established deliverables and goals have been met and
documented, reimbursement for each deliverable will be distributed.
The Health Department has been a facilitator for the Texas Department of
State Health Services Title V Program for the past eight years. During this
time, grant funds have built a strong maternal and child health infrastructure
within the Health Education Team. The funding amount for FY2006-07 is the
largest award ever received by the City Health Department Title V Program.
The activities planned for the 2006-2007 grant will focus exclusively on
teenage pregnancy and sexually -transmitted disease (STD) issues in Lubbock,
primarily within ZIP Codes 79403 and 79404. This will include the
development of a Teen Pregnancy and STD Prevention Coalition, the
implementation of Project Taking Charge curriculum within Lubbock ISD, the
development of a parent education class that teaches parents of adolescents
how to effectively talk to their child about sexuality, and providing general
education to the community on teenage pregnancy and STDs (health fairs,
presentations, etc.).
This program fulfills a core mission of public health, which is health
education. Without the funding from the Department of State Health Services
contract, our local public health efforts will be greatly impaired.
FISCAL IMPACT
There is no impact to the General Fund. Upon completion of deliverables, all
expenditures for this program will be reimbursed.
Staff recommended approval of this resolution.
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5.18. This item was moved from consent agenda to regular agenda and
considered following Item 5.15.
5.19. Contract Resolution - Water Utilities: Resolution No. 2006-RO401
authorizing the Mayor to execute a contract with Tuerff-Davis
Enviromedia for public education and advertising services to help
implement a pilot Water I.Q. program.
RESOLUTION NO.2006-RO401
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Professional Services
Agreement by and between the City of Lubbock and Tuerff-Davis EnviroMedia, Inc., and
all related documents. Said Professional Services 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 24th 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 Adams
Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
The Water I.Q. program is being piloted around the state. The goal of this
program is to determine the public's general knowledge related to water issues
and to increase this knowledge through marketing and education programs.
The Water I.Q. Program will be conducted locally beginning with a survey to
determine citizens' current level of knowledge. A survey will also be
conducted at the conclusion of the project. The results of these surveys will be
shared with state legislative officials for future state funding of this program.
Turff-Davis Enviromedia of Austin, Texas is the sole source provider
contracted by the Texas Building and Procurement Commission (TBPC) to
market the Water I.Q. program. This $149,900 contract will be through the
TBPC Water Conservation Public Education Contract.
FISCAL IMPACT
$150,000 was appropriated in the Water Utilities operating budget.
Staff recommended approval of this resolution.
5.20. Contract Amendment Resolution - Community Development: Resolution
No. 2006-RO402 authorizing the Mayor to execute a contract amendment
with Catholic Family Services to fund the Community Services Block
Grant (CSBG) Self Sufficiency Program.
RESOLUTION NO.2006-RO402
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 a
Community Development Funding Contract, by and between the City of Lubbock and
Catholic Family Services for the Community Services Block Grant Self Sufficiency
Program, and all related documents. Said Contract is incorporated in this Resolution and
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is available for review in the City Secretary's office, as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 24th day of August, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/sBill Howerton, Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Catholic Family Services
Program: CSBG Self Sufficiency Program
Funding Source: 2006 Community Services Block Grant
Use of Funds: CSBG Funds provide direct assistance to clients in the Self
Sufficiency Program in the form of tuition, books, transportation, hygiene
products, household products, and other essential items.
Amount: These are additional performance award funds of $8,655. The Texas
Department of Housing and Community Affairs confer monetary performance
awards annually at the CSBG Conference held in July. The award is based on
the number of people transitioned out of poverty. Transitioning persons out of
poverty is a vital activity that addresses National Goal #1: Low -Income
People Become More Self -Sufficient. It is reported that 87 individuals
transitioned out of poverty. Council previously approved $186,466 from
CSBG funds. Additional performance award funds increases the total to
$195,121.
Terms: January 1, 2006, through December 31, 2006
Comments: Funding for this contract was approved by the Community
Development and Services Board (CDSB) during their regularly scheduled
meeting held on December 7, 2005. City Council approved the contract on
January 31, 2006. The additional funding was approved by the CDSB during
their regularly scheduled meeting held on August 9, 2006. Appropriation of
these funds took place during the City Council meeting held on January 12,
2006.
FISCAL IMPACT
The funds used are from the Community Services Block Grant. The maximum
to be allocated to this project is $195,121.
Staff recommended approval of this resolution.
6. REGULAR AGENDA
5.3. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No.
2006-00088 Consider budget ordinance amendment #20 amending the
FY 2005-06 budget respecting the Abandoned Vehicle Special Fund,
General Fund, and Grant Fund.
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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 Public Access Computer
Hardware Upgrade Grant Program (PAC HUG). This funding will replace
PACs still utilizing Microsoft Windows NT operating systems originally
granted by the Gates 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 and 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 and data communication infrastructure upgrades,
software, and Lubbock County technology purchases.
9. Accept and appropriate a $195,623.24 grant from the U.S. Department of
Homeland Security, Office of Domestic Preparedness for Homeland
Security with the Texas Governor's Division of Emergency Management
as the State Administrative Agency. The grant is made up of three parts:
Homeland Security, Law Enforcement Terrorism Prevention, and
Metropolitan Medical Response System. The Homeland Security Grant
Program will purchase equipment that will enhance the City's response
capability for all hazards. The Law Enforcement Terrorism Prevention
Program will purchase equipment to enhance local law enforcement
agencies' ability to mitigate and respond to potential acts of terrorism. The
Metropolitan Medical Response System program will further enhance and
maintain integrated, systematic preparedness for local response to
weapons of mass destruction high -casualty events.
10. Accept and appropriate a $880,000 contract from the U.S. Department of
Health and Human Services to develop a Metropolitan Medical Response
System (MMRS) as a resource in responding to the health and medical
consequences of a nuclear, biological, chemical radiological, and/or
explosive Weapon of mass Destruction (WMD). The Metropolitan
Medical Response System program further enhances an integrated,
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systematic preparedness for local response to WMD or bioterrorism mass
casualty events.
11. Accept and appropriate a $107,414 grant from the Department of State
Health Services for maternal and child health education covering the
period between September 1, 2006, through August 31, 2007. This
contract will provide full-time salary and benefits for two health educators
and one part-time data entry assistant. Funding also includes travel,
computers, audio/visual equipment, office supplies, and educational
materials. The activities planned will focus exclusively on teenage
pregnancy and sexually -transmitted disease issues in Lubbock, primarily
within 79403 and 79404 zip codes.
12. Authorize two additional positions at the Health Department to be funded
from the Community Health Services Population Based Services Grant
(Item #11). The total payroll and benefits for these two positions is
approximately $88,000.
13. Accept and appropriate a $198,400 grant from the United States
Environmental Protection Agency to fund a comprehensive water and
wastewater study. A 5% grant match is required and is budgeted in Capital
Project 91215, Preliminary Engineering Lake Alan Henry Pipeline.
FISCAL IMPACT
Included in Item Summary.
Staff recommended approval of the second reading of this ordinance.
Andy Burcham, Director of Fiscal Policy and Strategic Planning, and Nancy
Haney, Executive Director of Community Development, gave comments and
answered questions from Council.
Motion was made by Council Member Leonard, seconded by Council
Member Jones to pass on second and final reading Ordinance No.
2006-00088 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.4. Civic Lubbock Inc. FY 2006-07 Budget Resolution - Civic Center:
Resolution No. 2006-RO403 accepting Civic Lubbock Inc. FY 2006-07
budget.
RESOLUTION NO.2006-RO403
WHEREAS, the City of Lubbock entered into a License Agreement with Civic
Lubbock, Inc. on September 21, 2005, for all food, beverage and other concessions sales
for the Lubbock Municipal Auditorium/Coliseum, Lubbock Memorial Civic Center,
Buddy Holly Center, Silent Wing Museum and other designated municipal facilities; and
WHEREAS, the License Agreement includes a provision that requires Civic
Lubbock, Inc. to prepare and submit to the City a budget prior to the beginning of each
fiscal year; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby accepts the Civic Lubbock, Inc. 2007-08 Fiscal
Year Budget as approved and presented by the Civic Lubbock, Inc. Board. A
copy of said budget is attached hereto and incorporated in this Resolution as if
fully set forth herein.
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Passed by the City Council this 24th day of August 2007.
/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/Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
On September 21, 2005, the City entered into a license agreement with Civic
Lubbock, Inc. for all food, beverage, and other concession sales at the
Lubbock Municipal Auditorium, Lubbock Municipal Coliseum, Lubbock
Memorial Civic Center, Buddy Holly Center, Silent Wings Museum, and
other designated municipal facilities as mutually determined by the City and
Civic Lubbock, Inc.
The term of the license agreement is for eight years and includes a provision
that requires Civic Lubbock, Inc. to prepare and submit a budget to the City
for the upcoming fiscal year. The provision also states that the budget shall be
prepared on forms satisfactory to the City and shall present this budget to the
City Council prior to the beginning of each fiscal year.
The Civic Lubbock, Inc. Board approved their budget for FY 2006-07 during
their July 2006 meeting and is presenting that document at this time.
FISCAL IMPACT
No fiscal impact. This document is for informational purposes only.
Staff recommended approval of this resolution.
Nancy Haney, Executive Director of Community Development; Murray
Hensley, member of the Civic Lubbock, Inc. Board of Directors; Freddy
Chavez, Director of Civic Services; Pam Moon, Interim Director of
Accounting; and Dan Burns, Chairman of the Civic Lubbock, Inc. Board of
Directors, gave comments and answered questions from Council. Mayor
Miller requested that City Manager Lee Ann Dumbauld ensure in the future
that any financial statements Council reviews include both the balance sheet
and the profit/loss statement, and to pass that information on to the different
boards and commissions. Mr. Murray stated that the Civic Lubbock, Inc.
Board of Directors will work together with the City to figure out a better way
to fund all the arts in Lubbock.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0403 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Council Member Boren was away from the dais.
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5.9. Plan Application Resolution - Police: Resolution No. 2006-RO404
authorizing the Mayor to execute a Texas Commission on Environmental
Quality Compliance Plan Application for transfer of Police Training
Academy property located at the former Reese Air Force Base.
RESOLUTION NO.2006-RO404
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 Texas Commission on
Environmental Quality Compliance Plan Application with associated documents, for a
facility located on the former Reese Air Force Base. Said Compliance Plan Application
is attached hereto and incorporated in this Resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 24th 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
/s/Dan Dennison
Dan Dennison, Environmental Compliance Manager
APPROVED AS TO FORM:
/s/Amy L. Sims
Amy L. Sims, Assistant City Attorney
This resolution modifies a Hazardous Waste Permit and Groundwater
Compliance Plan in order for Reese to transfer ownership of property at the
old Reese Air Force Base to the City of Lubbock, the Lubbock -Reese
Redevelopment Authority, South Plains College, and Texas Tech University.
The U.S. Air Force will be responsible for any contamination before the
property transfer. The abovementioned entities will be co -owners of the
Hazardous Waste Permit and Compliance Plan with respect to the transferred
property and will not be responsible, by agreement with the U.S. Air Force,
for any corrective action or financial assurance requirements for hazardous
waste contamination existing on the property before occupation or use by new
property owners or their tenants. The new property owners will not be
responsible for any cleanup costs or liabilities associated with such existing
contamination. The Air Force will be identified as a Co -Owner and Operator
on the Permit and Groundwater Compliance Plan and will be responsible for
compliance with all provisions of the Permit and Groundwater Compliance
Plan.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution.
Council Member Boren returned to the dais.
Police Chief Claude Jones and City Attorney Anita Burgess gave comments
and answered questions from Council.
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Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Price to pass Resolution No. 2006-RO404 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.10. Environmental Quality Permit Application Resolution - Police:
Resolution No. 2006-RO405 authorizing the Mayor to execute a Texas
Commission on Environmental Quality Permit Application for a
hazardous waste storage, processing, and disposal facility for the
Lubbock Police Academy located at the former Reese Air Force Base.
RESOLUTION NO.2006-RO405
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 Texas Commission on
Environmental Quality Permit Application with associated documents, for a Hazardous
Waste Storage/Processing/Disposal Facility for a facility located on the former Reese Air
Force Base. Said Permit Application is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 24 h 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
/s/Dan Dennison
Dan Dennison, Environmental Compliance Manager
APPROVED AS TO FORM:
/s/Amy L. Sims
Amy L. Sims, Assistant City Attorney
This resolution authorizes the Mayor to execute a Texas Commission on
Environmental Quality Permit Application for hazardous waste storage,
processing, and disposal facility for the Lubbock Police Academy located at
the former Reese Air Force Base.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution.
Police Chief Claude Jones and City Attorney Anita Burgess gave comments
and answered questions from Council.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Price to pass Resolution No. 2006-RO405 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
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5.15. Contract Resolution - Human Resources: Resolution No. 2006-R0406;
Resolution No. 2006-RO407 authorizing the Mayor to execute a contract
for employment physical examination and drug/alcohol screening, RFP
06-042-RW.
RESOLUTION NO.2006-RO406
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 to provide
the drug/alcohol screening and the non -civil service pre -employment and promotional
exams, per RFP #06-042-RW, by and between the City of Lubbock and Lubbock
Occupational Health of Lubbock, Texas, and related documents. Said agreement is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 24th 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/Steve Synck
Steve Synck, Interim Director of Human Resources
APPROVED AS TO FORM:
/s/Matthew L. Wade
Matthew L. Wade, Natural Resources Attorney
The City requires pre -placement drug and alcohol screening for all personnel
positions. In addition, drug and alcohol screening is required for promotions
and Department of Transportation random and reasonable cause testing.
The use and abuse of drugs is a significant problem currently faced by
employers. Employees who use drugs are more likely to be absent, injure
themselves or a co-worker, be involved in an accident off the job, file a
Worker's Compensation claim, and become less productive.
The City requires drug and alcohol testing for approximately 600 applicants
and employees each year and the Department of Transportation requires 150
to 200 tests each year.
Non -Civil Service and Civil Service (Firefighters and Police Officers) require
pre -placement and promotional physical examinations. The purpose of the
examination is to ensure that an employee's physical abilities are matched to a
job that he/she is capable of performing safely without undue risk of injury to
the employee or co-workers. The task of matching a person's capabilities to
the appropriate job or job modifications can be a complicated task requiring
special knowledge of the work place environment. Approximately 200 to 250
Non -Civil Service and approximately 100 to 150 Civil Service applicants and
employees will require physicals each year.
In addition, the City conducts disability assessments on approximately 10
employees each year who are unable to perform the physical tasks of their job
due to injury or illness.
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The City also provides for blood borne pathogen testing for those employees
who, because of their jobs, come into contact with blood or other bodily fluids
and are at risk.
An evaluation committee evaluated the written responses to the RFP and
scored the proposals based on qualifications and expertise (15%), staff
experience (15%), intake and examination procedures (20%), amount of time
spent on work related physicals (20%), ability to provide expert witness
testimony (10%), references (10%), and cost (10%).
Proposals for pre -employment and promotional physicals, disability
assessments and blood borne pathogens were received from the following
firms: --
Lubbock Occupational Health of Lubbock, TX
OCC Med Associates of Lubbock, TX
The committee recommended contract award to OCC Med Associates for
Civil Service pre -employment and promotional/annual exams, disability
assessments, and blood borne pathogen exams because of their certified
occupational medicine doctor expertise. The committee recommended
contract award to Lubbock Occupational Health for non -civil service pre-
employment and promotional exams.
The committee ranked and scored the proposals for Civil Service pre-
employment and promotional/annual exams, disability assessments, and blood
borne pathogens as follows:
OCC Med Associates of Lubbock, TX — 89
Lubbock Occupational Health of Lubbock, TX — 84
The committee ranked and scored the proposals for non -civil service pre-
employment and promotional exams as follows:
Lubbock Occupational Health of Lubbock, TX — 86
OCC Med Associates of Lubbock, TX — 83
FISCAL IMPACT
Costs are budgeted and paid from the affected cost centers based on hires and
numbers of CDL drivers. The schedule of costs from each firm is provided.
Staff recommended approval of these resolutions.
Scott Snider, Director of Human Resources/Assistant City Manager, and
Victor Kilman, Director of General Services, gave comments and answered
questions from Council.
Motion was made by Council Member Leonard, seconded by Mayor Pro Tem
Gilbreath to pass Resolution No. 2006-RO406 and Resolution No.
2006-RO407 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.18. Contract Resolution - Parks and Recreation: Resolution No. 2006-RO408
authorizing the Mayor to execute a contract with Hub City Pavers, Inc.,
for Accessibility Renovations for A.B. Davis Park, RFP 06-704-BM.
RESOLUTION NO.2006-RO408
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 Hub City Pavers, Inc., of Lubbock, Texas, for Accessibility
Renovations for A.B. Davis Park (RFP#06-704-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 24 h 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/Don Vandiver
Don Vandiver, Attorney of Counsel
The project involves the construction of ADA accessible walks to all park
facilities, installation of picnic tables and bench seating areas, and installation
of a complete irrigation system in A.B. Davis Park located at 40th Street and
Nashville Avenue. The upgrades at this park are in response to the second
highest priority established in the Lubbock Comprehensive Parks, Recreation,
and Open Space Master Plan in the Five -Year Action Plan. The Five -Year
Action Plan responds to the priorities established in the Needs Assessment for
the City and individual zones.
This is the third of four parks identified in the Parks 1999 ADA Transition
Plan. This plan was proposed to provide accessible paths as navigable -surface
_ access to all park amenities for disabled users. Currently, all new park projects
are made individually accessible while only a few parks in the system has all
of its amenities connected by a totally accessible circulation system. This
project will provide substantial progress to comply with ADA requirements.
Construction should be completed in six months.
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 the City the ability to bring
the project in within budget with the contractor who offers the best value. This
is compared to an ITB that limits the City 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 relevant company information and
experience 30%; personnel 30%, and cost 40%. The following general
contractors submitted proposals and were evaluated and ranked in relation to
the published selection criteria as follows:
Hub City Pavers, Inc. of Lubbock, Texas proposed a project cost of
$403,059 for the base bid and alternate #2 with the time for completion of
120 days and scored 284.
Danny Klein Construction, Inc. of Lubbock, Texas proposed a project cost
of $377,600 for the base bid and alternate #2 with the time for completion
of 140 days and scored 235.
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Guerrero Concrete of Lubbock, Texas proposed a project cost of $432,000
for the base bid and alternate #2 with the time for completion of 160 days
and scored 64.
The base bid for the project includes accessible walks to all facilities, removal
of existing and installation of six new picnic table areas, two bench seating
areas and installation of a complete irrigation system. Bid Alternate one is not
being considered. Bid Alternate two includes installation of shade covers over
the four picnic tables and two benches and is considered and reflected in the
above pricing.
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 budget, staff discussed with the
selected offeror the following scope modifications at a cost savings of
$51,559:
ITEM NO. 1: In Specifications, Section 02200 - Site Clearing and
Earthwork, and Section 02515 - Portland Cement Concrete Paving, delete
density testing requirement for compacted soil.
ITEM NO.2: In the Drawings, Sheet 3, Detail 3, in lieu of 6x6-10/10 wire
mesh reinforcing, substitute (2) #3 continuous bars located 6" from each
side of the walk.
ITEM NO.3: In the Drawings, Sheet 3, Details 4, 13 and 14, delete
requirement for 8" x 8" thickened edge at slab perimeter.
ITEM NOA: In the Drawings, Sheet 1, Site Plan, delete the concrete
sidewalk extending from the south walk to the playground area, and the
curving walk that connects it to the east -west running walk from the
handicap parking to the playground area.
• ITEM NO.5: In the Drawings, Sheet 3, Detail 5, revise handicap parking.
ITEM NO.6: In the Drawings, Sheet 4, Irrigation Equipment Table,
Change the proposed Rainbird PES-B control valves to Hunter ICV
control valves.
ITEM NO.7: In the Drawings, Sheet 4, Irrigation Pipe Table, Change the
proposed PVC Pipe from 200 P.S.I. to 160 P.S.I. rated pipe.
ITEM NOX In the Specifications, Section 02811 - Landscape Irrigation,
Section 03 Irrigation, Part V - Products, change the proposed Hunter
rotors from a stainless riser to a plastic riser.
ITEM NO.9: In the Specifications, Section 02811 - Landscape Irrigation,
Section 03 Irrigation, Part V - Products, change the proposed 1/2" swing
joints to 1/2" cut-off nipples.
ITEM NO. 10: In the Specifications, Section 02811 - Landscape
Irrigation, Section 03 - Irrigation, Part V - Products, change the proposed
quick coupler valve from a two piece rubber cover to a single piece metal
cover.
FISCAL IMPACT
Funding in the amount of $372,629 was appropriated for the construction of
the Accessibility Renovations at A.B. Davis Park. $217,672 is available in
Project Number 90018 (ADA Upgrade -Davis Park) with additional funds in
Project Number 90006 (Park Bench/ Seating Area) $192,388 for this purpose.
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Staff recommended contract award to Hub City Pavers, Inc. of Lubbock,
Texas for $351,500.
Randy Truesdell, Community Services Director, gave comments and
answered questions from Council.
Motion was made by Council Member Jones, seconded by Council Member
Price to pass Resolution No. 2006-RO408 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.1. This item was considered following Item 6.15.
6.2. This item was considered following Item 6.1.
6.3. This item was considered following Item 6.2.
6.4. This item was considered following item 6.3.
6.5. This item was considered following Item 6.4.
6.6. This item was considered following Item 6.5.
6.7. This item was considered following Item 6.6.
6.8. Federal Assistance Agreement Resolution - Water Utilities: Resolution
No. 2006-RO409 authorizing the Mayor to execute an agreement with
United States Environmental Protection Agency for federal assistance for
Lake Alan Henry Water Transmission and Treatment System
preliminary engineering.
RESOLUTION NO.2006-RO409
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, Cooperative Agreement No.
#EM-96627301-0 with the United States Environmental Protection Agency for federal
assistance for the Lake Alan Henry Water Transmission and Treatment System
preliminary engineering, 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 24th 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 Adams
Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
As part of the proposed funding, staff recommended approval of a federal
assistance agreement for $198,400 to help pay for the Lake Alan Henry
preliminary engineering.
City Council approved a water supply planning statement in October 2005
that included Lake Alan Henry as one of the major water supply alternatives
for the City. The second major supply alternative was a second CRMWA line
and the additional groundwater that would be required to complete that
project. The third major supply alternative was indirect reuse. On February 16,
2006, the Lubbock Water Advisory Commission recommended that the City
move forward with the preliminary engineering for Lake Alan Henry.
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Staff developed a proposed scope of services and the necessary budget
recommendations for the preliminary engineering to be approved by the City
Council. On April 13, 2006, the Council approved $350,000 in the water
capital budget for the project. On May 11, 2006, the Council also approved an
application for federal assistance to assist with the project.
The City solicited statements of qualifications in June 2006 and received
responses on July 21, 2006, from four firms to complete the preliminary
engineering work. By the first week of August 2006, staff was prepared to
recommended a firm for the project.
A recommendation will be submitted to the Lubbock Water Advisory
Commission on August 17, 2006, for the combined team of Parkhill, Smith
and Cooper as the lead firm, Freese & Nichols for the transmission line and
pump stations project, and Black and Veatch for water treatment project.
The project will include preliminary engineering work for the Lake Alan
Henry Water Transmission and Treatment System encompassing
approximately 65 miles of water transmission line, several pump stations, and
a water treatment facility that will enable Lake Alan Henry water to be
brought to the City and used as part of the municipal water supply. The
proposed project includes the following major tasks:
- Analysis of Regional Capacity, Needs and Cooperative Opportunities.
- Water Treatment Plant and Raw Water Pump Stations Siting Analysis.
- Transmission Line Route Study.
- Conceptual Design of Lake Alan Henry Water Transmission and Treatment
System.
- Preparation of a Preliminary Engineering Report.
FISCAL IMPACT
The proposed cost for the preliminary engineering for Lake Alan Henry is
$525,000. The combined total of $350,000 from Capital Improvement Project
# 91215, Lake Alan Henry Pipeline Preliminary Engineering and the $198,400
from federal assistance provides $548,400 that is available for the project.
The City was notified in March 2005, that funding had been approved by the
EPA for water planning and that S 198,400 was set aside for this purpose. On
May 11, 2006, the Council approved an application to the EPA for the use of
the fund to complete the preliminary engineering for Lake Alan Henry. On
April 13, 2006, the Council approved at second reading a budget amendment
to provide funding for the proposed Lake Alan Henry preliminary
engineering.
The grant requires a five percent match of $10,443. The match requirements
are covered by present appropriations.
Staff will work with PSC to assist with grant reporting requirements.
A budget amendment allowing use of the $198,400 grant is required and will
be considered as a separate agenda item on this same agenda.
Staff recommended approval of this resolution.
Motion was made by Council Member Leonard, seconded by Mayor Pro Tem
Gilbreath to pass Resolution No. 2006-R0409 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
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Regular City Council Meeting
August 24, 2006
6.9. Contract Amendment Resolution - Water Utilities: Resolution No.
2006-RO410 authorizing the Mayor to execute a contract amendment with
Black and Veatch Corporation for wastewater discharge analysis and
modeling services for North Fork of the Double Mountain Fork of the
Brazos River.
RESOLUTION NO.2006-RO410
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Amendment No. 2 to
Agreement for Engineering Services by and between the City of Lubbock and Black &
Veatch Corporation, and all related documents. Said Amendment No. 2 to Agreement for
Engineering Services 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 24th 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 Adams
Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
The City contracted with Black and Veatch Corporation in November 2005
for professional services to develop proposed improvements for the Southeast
Water Reclamation Plant to enable the stream discharge of all wastewater and
to eliminate environmental issues associated with the use, reuse and discharge
of the water. As part of that effort, modeling services are necessary for the
discharge of wastewater into the North Fork of the Double Mountain Fork of
the Brazos River in order to meet Texas Commission on Environmental
Quality discharge standards.
The City now produces about 23 million gallons per day (mgd) of wastewater
daily. About 9 mgd of this flow is discharged down stream and east of Buffalo
Springs and Ransom Canyon. About 5 to 6 mgd goes to for electrical power
production. The balance of about 8 mgd continues to go to the Land
Application sites.
Plans must be developed for the discharge of the current 8 mgd that now goes
to the farm. About 5 mgd might be discharged into the North Fork adjacent to
the Southeast Water Reclamation Plant with minimal pumping costs. An
additional 3 mgd might replace the groundwater that is now pumped to the
west end and head of the Canyon Lake system. The modeling is required to
-- demonstrate that this discharge can take place while meeting Texas
Commission on Environmental Quality regulations. The alternative would be
to spend about $30 million for a second pipeline to take the water east and
down stream of Buffalo Springs and Ransom Canyon.
The modeling will help determine the amount of treated effluent that can be
discharged without the need to construct additional discharge pipelines. The
modeling will be required in order to obtain permits through the Texas
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Regular City Council Meeting
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Commission on Environmental Quality for the discharge of additional treated
wastewater effluent.
FISCAL IMPACT
The proposed professional services will cost $86,000. Funds are available in
Sewer Capital Improvement Project #8505 Waste Water Resource Master
Plan. Appropriated funds total $7,135,000.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Leonard to pass Resolution No. 2006-RO410 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.10. Contract Amendment Resolution - Water Utilities: Resolution No.
2006-RO411 authorizing the Mayor to execute a contract amendment with
HDR Engineering, Inc. for analysis and modeling services for North Fork
of the Double Mountain Fork of the Brazos River.
RESOLUTION NO.2006-RO411
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 Second Amendment of
Professional Services Agreement by and between the City of Lubbock and HDR
Engineering, Inc., and all related documents. Said Second Amendment of Professional
Services 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 24th 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 Adams
Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
The City contracted with HDR Engineering, Inc. in November 2005 for
professional services to analyze and model both natural and developed water
flows in the North Fork of the Double Mountain Fork of the Brazos River.
Since the original contract and first amendment, the City has continued to
refine water right permit application efforts and to refine water supply plans
related to the North Fork. The proposed contract will make the necessary
changes and additions to the original contract to enable all work to be
completed.
The revised contract will allow for a complete analysis and modeling of the
alternatives now included in the City's planning process. The model will
provide water quantity information and indicate how much water would be
available for diversion at the following locations based upon natural flows and
the City's discharge of developed waters:
• Lakes #7 and #8 on the Canyon Lake System.
• A scalping project or reservoir near Post, Texas.
• A scalping project near Lake Alan Henry.
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As the City moves forward, a decision will need to be made on whether to
keep Lakes #7 and #8 in the developed water permit applications. The results
of the water quantity modeling by HDR will assist with that decision making
process by identifying how much water would be available at each location
after stream carriage losses and other water rights are taken into consideration.
The work will also provide information that will assist the City with
negotiations with the Brazos River Authority with their systems operation
permit application. The City has protested this permit and the Brazos River
Authority has protested the City's developed water permit application. The
objective will be to negotiate an agreement that will allow both parties to
withdraw their protests.
A second part of the proposed amendment is to increase funding for assistance
with the City's developed water permit. The City must respond to requests for
information by the Texas Commission on Environmental Quality, and HDR is
providing stream modeling information to assist with those questions.
FISCAL IMPACT
This revised scope of work increases the lump sum portion of the contract by
$41,200 from $157,500 to $198,700 primarily to account for the additional
analyses of the North Fork Scalping operation (near Lake Alan Henry, near
Post, and with Post Reservoir), and additional configurations for Lakes 7 and
8 (operated independently, jointly, and in conjunction with the scalping
operation).
The additional services (Task 6) portion is proposed to increase from $50,000
to $100,000 for those services related to assisting the City with requests for
information from the Texas Commission on Environmental Quality.
Funding is appropriated in the Sewer Capital Projects account #8505 for
Waste Water Resource Master Plan in the amount of $7,135,000.
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 Tern Gilbreath, seconded by Council
Member Leonard to pass Resolution No. 2006-RO411 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.11. Contract Resolution - Water Utilities: Resolution No. 2006-RO412
authorizing the Mayor to execute a contract with Parkhill, Smith and
Cooper for preliminary engineering services for Lake Alan henry water
transmission line, pump stations, water treatment facility, and related
projects.
RESOLUTION NO. 2006-RO412
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Professional Services
Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and
all related documents. Said Professional Services 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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Regular City Council Meeting
August 24, 2006
Passed by the City Council this 24th 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 Adams
Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
This is a professional engineering services contract involving Parkhill, Smith
and Cooper as the lead firm, Freese & Nichols for the transmission line and
pump stations project, and Black and Veatch for the water treatment project.
The following firms submitted Statements of Qualifications and were ranked
as follows:
Parkhill, Smith, and Cooper of Lubbock, Texas in association with Freese and
Nichols, Inc, High Tech, and Black & Veatch
Carter and Burgess of Dallas, Texas in association with HRA, AR
Consultants, and Fugro
HDR Engineering, Inc. of Austin, Texas in association with Ecom, e-HT, K
Friese & Assoc.
Lockwood Andrews and Newman, Inc. of Austin, Texas in association with
Carthel Engineering, Alan Plummer, and Dr. Eileene Johnson
The project will include preliminary engineering work for the Lake Alan
Henry Water Transmission and Treatment System. The project will include
approximately 65 miles of water transmission line, several pump stations, and
a water treatment facility that will enable Lake Alan Henry water to be
brought to the City and used as part of the municipal water supply. The
proposed project includes the following major tasks:
1. Analysis of Regional Capacity, Needs and Cooperative Opportunities.
2. Water Treatment Plant and Raw Water Pump Stations Siting Analysis.
3. Transmission Line Route Study.
4. Conceptual Design of Lake Alan Henry Water Transmission and
Treatment System.
5. Preparation of a Preliminary Engineering Report.
FISCAL IMPACT
A total of $350,000 was appropriated with $350,000 available in Capital
Improvement Project 91215, Lake Alan Henry Preliminary Engineering
Study. An addition $198,400 is available through EPA Grant funds for a total
amount of $548,400 available for this purpose.
Staff recommended contract award to Parkhill, Smith and Cooper Engineering
for $525,000.
Motion was made by Council Member Leonard, seconded by Mayor Pro Tem
Gilbreath to pass Resolution No. 2006-R0412 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
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6.12. Contract Resolution - Silent Wings: Resolution No. 2006-RO413
authorizing the Mayor to execute a license agreement with the National
World War II Glider Pilots Association, Inc. and Silent Wings Museum
Foundation to film a virtual visit production of the Silent Wings Museum
at the Lubbock Preston Smith International Airport.
RESOLUTION NO.2006-RO413
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 License Agreement by and between the
City of Lubbock and National World War II Glider Pilots Association, Inc. for
filming at the Silent Wings Museum. Said License Agreement is attached hereto and
made a part of this Resolution for all intents and purposes.
Passed by the City Council this 24th 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/Joe Haves
Joe Hayes, Museum Director
APPROVED AS TO FORM:
/s/John Knight
John Knight, Assistant City Attorney
The National World War II Glider Pilots Association, Inc. (NWWIIGPA) is
interested in the production of a "virtual visit" on a DVD. DVDs and video
cassettes will be available to the museum gift shop for sale to visitors as a
souvenir. The association has contracted the production of the virtual visit
with Chedd-Angier-Lewis (CAL) of Watertown, MA., which was involved in
the original development of audio-visual parts of the Silent Wings Museum.
The cost of the production is approximately $30,000 and will be funded by the
NWWIIGPA and The Silent Wings Museum Foundation Inc. (SWMF), split
approximately 50:50. SWMF is a not for profit organization established to
provide support to the Silent Wings Museum and is presently chaired by
Catherine A. Garland, Col. USAF (ret.). The City of Lubbock will have no
financial commitment or obligation in this effort. An approval to film in the
Silent Wings Museum is being requested.
Filming of this project is anticipated to begin some time in September 2006
and will include footage of the interior of the museum. At the present time
there is also a two hour documentary in production called "Silent Wings: The
American Glider Pilots of WWII", to be aired on PBS stations in early 2007.
The documentary will contain archival film footage and personal interviews,
but will not involve the museum. However, it is intended to include the
"virtual visit" museum DVD as an addition to the documentary DVD,
provided it can be finished in time. Because of the anticipated wide
distribution of the PBS product, the two organizations believe that the "virtual
visit" DVD would be a great promotion piece for the city of Lubbock.
FISCAL IMPACT
There no cost to the City of Lubbock in the production of the DVD.
Staff recommended approval of this resolution.
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Regular City Council Meeting
August 24, 2006
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO413 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.13. This item was considered following Item 6.7.
6.14. Annexation Resolution - City Council: Resolution No. 2006-RO414
instructing the City Staff to initiate the proceedings to annex an
approximate 175 acre area generally located south of 98th Street, east of
Avenue P, west of the "Short Road" and north of the half section line of
Block E, Section 11, Lubbock County.
RESOLUTION NO.2006-RO414
WHEREAS, the City Council of the City of Lubbock determined it to be in the
best interest of the citizens of the City of Lubbock to annex an area of approximately 175
acres generally located south of 98th Street, east of Avenue P, west of the "Short Road"
and north of the half section line of Block E, Section 11, Lubbock County, which area is
adjacent to the present boundaries of the City of Lubbock; and
WHEREAS, said area has zero population and the annexation of said area is
needed to protect major highway intersection corners and to permit growth of the City to
the southeast; and
nd on which
WHEREAS, said area contains fewer than locatedn eachtrac0separate
whi h exempt athe said area
one or more residential dwellings are o
from the necessity to be included in a City of Lubbock annexation
plan pursuant to Sec.
43.052(h)(1) of the Local Government Code; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City
4 30615 of ting he Local r1Govehereby
rnmentdirected
Code forpthe area
service plan as required by Sec.
described on the map attached hereto as Exhibit A.
SECTION 2. THAT the City Planning Department and the City Attorney are
hereby directed to take all necessary actions to prepare an annexation Ordinance for
consideration by the City Council to theSubchapterP Crtl procedure of Chaped in lter it 4 hereto
of the
into the City of Lubbock pursuant
Local Government Code.
Passed by the City Council this 24th 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 Henson
Randy Henson, Senior Planner
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
At the direction of the City Council during the August 17, 2006 Special City
Council Meeting, an area adjacent to the present boundaries of the City of
Lubbock of approximately 175 acres is proposed for annexation. This area is
located along both sides ofthShorrt Road'? aud, east north°ofAvenue
the east -west and
half
current city limits, west of the
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Regular City Council Meeting
August 24, 2006
section line of Block E, Section 11, and includes land at all four corners of the
intersection of Avenue P and 98th Street.
The proposed area of annexation has zero population and contains fewer than
100 separate tracts of land on which one or more residential dwellings are
located. Consequently, the City is exempted from providing an annexation
plan pursuant to Section 43.052(h)(1) of the Local Government Code.
The area is immediately adjacent to the Lubbock city limits on its west
boundary, including an area annexed earlier this year for residential
development. The proposed annexation takes in a continuous area of property
of sufficient dimensions and configuration to allow for well -planned growth,
and includes all corners of the intersection of 98th Street/CR 7200 and US
87/Tahoka Highway to enable the City to guide development at the major
intersection through zoning. The annexation is needed to protect major
highway intersection corners and to permit growth of the City to the southeast.
The following is the proposed calendar prepared by the Legal Department,
provided City Council chooses to proceed with the annexation:
PROPOSED ANNEXATION CALENDAR
Tahoka Highway Annexation
8/24/06 - Council passes Resolution directing Planning Department to
prepare a service plan and maps for the proposed annexation. Section 43.065,
Local Government Code.
Not later than 9/11/06 - Give special written notice of annexation to all
residents, utilities, public service entities and railroad companies of the
proposed annexation 30 days prior to the date of the 1st public hearing.
Section 43.062(b), Local Government Code.
9/25/06 to 10/2/06 - Publish notice of first annexation public hearing. Section
43.063(c), Local Government Code. Give special written notice to all ISD's.
Section 43.095, Local Government Code. (Notices must be 10-20 days prior
to hearings).
9/29/06 to 10/9/06 - Publish notice of second annexation public hearing.
Section 43.063(c), Local Government Code.
10/12/06 - Council conducts first public hearing.
No later than 10/19/06 - Special Council Meeting. Council conducts second
public hearing.
11/09/06 - Council passes Annexation Ordinance on first reading. Section
43.063(a), Local Government Code.
11 /21 /06 - Council passes Annexation Ordinance on second reading. Sec.
43.064, Local Government Code. Second reading must be within 90 days of
first reading.
ASAP - Submit annexation to U.S. Department of Justice for preclearance.
FISCAL IMPACT
Sales tax to the City for January implementation would be approximately
$252,363.
Sales tax to LEDA for January implementation would be approximately
$22,942.
Property tax would be $0 in FY 2006-07 and approximately $33,048 for FY
— - 2007-08.
Staff recommended approval of this resolution.
Council Member DeLeon clarified, for the record and the public, that this
annexation does not mean alcohol sales will be allowed throughout the city.
That process would have to go through an election called by Lubbock County.
Mayor Miller echoed what Council Member DeLeon stated by saying that this
annexation does not permit an expansion of alcohol sales throughout the city
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Regular City Council Meeting
August 24, 2006
of Lubbock. It simply allows taxes to be levied, both property and sales tax,
on the existing establishments within this annexed zone.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member DeLeon to pass Resolution No. 2006-R0414 as recommended by
staff. Motion carried: 6 Ayes, 1 Nay. Council Member Price voted Nay.
6.15. Board Appointments - City Secretary: Consider two appointments to
Health/Education Facilities Board of Directors; consider three
appointments to MHMR Board of Trustees; consider three appointments
to Permit & License Appeal Board; consider one appointment to Urban
Design/Historic Preservation Commission; consider one appointment to
Zoning Board of Adjustment; consider four appointments to Airport
Board; consider two appointments to Appointments Advisory Board;
consider three appointments to Lubbock Economic Development
Alliance; consider three appointments to Market Lubbock, Inc.; consider
one appointment to Citizen Advisory Committee.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to reappoint Joe Mayes and Thomas Tenner to the Health/Education
Facilities Board of Directors. Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to reappoint Robert Kazee, Harvey Morton, and Brian Shannon to
the MHMR Board of Trustees. Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to reappoint Linda Ewing, and Russ Liner, and appoint Bobby
Drum to the Permit & License Appeal Board. Motion carried: 7 Ayes, 0
Nays.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to appoint Dan Dyal to the Urban Design/Historic Preservation
Commission. Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to appoint Kevin Bass to the Zoning Board of Adjustment. Motion
carried: 7 Ayes, 0 Nays.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to reappoint John Bowen, E.C. Leslie, and Frank Treadway, and
appoint Bill Tarbox to the Airport Board. Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to reappoint Tavita Dorrow and appoint R.J. Givens to the
Appointments Advisory Board. Motion carried: 7 Ayes, 0 Nays.
Note: This item was reconsidered after Item 4.1, and Eddy Everline was
appointed instead of R.J. Givens.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to reappoint Van May, Velma Medina, and Jon Whitmore to the
Lubbock Economic Development Alliance, Inc. Motion carried: 7 Ayes, 0
Nays.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to reappoint Van May, Velma Medina, and Tony Whitehead to the
Market Lubbock, Inc. Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to appoint Vicki Nixon to the Citizen Advisory Committee. Motion
carried: 7 Ayes, 0 Nays.
9:22 A.M. CITY COUNCIL RECESSED
9:37 A.M. CITY COUNCIL RECONVENED
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3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Jim Arnold.
3.2. Pledge of Allegiance to the Flags.
Jackson Arnold will lead the United States Pledge.
Pledge of Allegiance to the United States flag was given by Jackson Arnold,
and by those in the City Council Chambers to the Texas flag.
3.3. Recognize David Harmon with a Special Recognition for being named
Trinity Junior High School Student of the Year 2005-06.
Mayor Miller presented special recognition to David Harmon for being named
Trinity Junior High School Student of the Year 2005-06. Joining David were
his parents, David and Rachel Harmon, and his grandparents, Mr. and Mrs.
A.C. Castillo.
3.4. Presentation and thank you by Lubbock Area united Way Campaign
Chairman Michael Shonrock and President Glenn Cochran for 2006
campaign.
Mayor Pro Tem Gilbreath introduced Lubbock Area United Way Campaign
Chairman Michael Shonrock and Chairman of the Board Regina Johnston,
who then gave comments on the United Way and the contributions that United
Way makes to the Lubbock area. Those present in Council Chambers then
watched a video presentation titled "Giving People Hope".
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting, July
25, 2006; Special City Council Meeting, July 31, 2006
Motion was made by Council Member Jones, seconded by Council Member
DeLeon to approve the minutes of the Regular City Council Meeting of July
25, 2006 and the Special City Council Meeting of July 31, 2006 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
At this time, motion was made by Council Member Price, seconded by
Council Member Boren to reconsider Item 6.15. Motion carried: 7 Ayes, 0
Nays.
Motion was then made by Council Member Price, seconded by Council
Member Boren to change one of the appointments to the Appointments
Advisory Board from R.J. Givens to Eddie Everline. Motion carried: 7 Ayes,
0 Nays.
At this time, Council Member DeLeon recognized Zach, who is the
cameraman for Fox 34 News, thanking him for his hard work.
9:57 A.M. CITY COUNCIL RECESSED
10:03 A.M. CITY COUNCIL RECONVENED
6.1. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00089 Zone
Case No. 1459-B (1802 Parkway Drive) Hold a public hearing to consider
request of North and East Lubbock Community Development
Corporation for a zoning change from C-3 with conditions to C-2 on 4.73
acres of unplatted land out of Block A, Section 2.
ORDINANCE NO.2006-00089
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
_ OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1459-13; A ZONING CHANGE FROM C-3 WITH
CONDITIONS TO C-2 ZONING ON 4.73 ACRES OF UNPLATTED LAND OUT OF
BLOCK A, SECTION 2, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Miller opened the public hearing at 10:04 a. m. No one appeared on
behalf of North and East Lubbock Community Development Corporation. No
one appeared in opposition. Mayor Miller closed the hearing at 10:07 a. m.
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The parcel located on Parkway Drive west of the Patterson Library.
Adjacent land uses:
N — Parkway Drive
S — apartments
E — Patterson Library
W — commercial
The North and East Community Development Corporation is seeking C-2
zoning for development of a shopping center or an office complex. The
current C-3 zoning has a setback requirement "from the old days" that is
unnecessary and would interfere with good design for the parcel. The
proposed C-2 would give the Corporation a good potential tenant mix, and the
change would not impact negatively any adjacent property.
The proposal represents a minor change in the current Comprehensive Plan,
although the parcel was already zoned C-3 from a time before the City
acquired the parcel. When the parcel was acquired for the library, during the
last draft of the Plan the designation was left as residential. The tract was
obviously never expected to become residential based on the previous zoning.
As noted, the entire parcel was acquired when the library was built, and the
portion requested for rezoning has been "surplus" since.
The impact on the thoroughfare system will be minimal as Parkway Drive is
already developed as a major thoroughfare.
The Planning Commission recommended approval of the project as C-2 with
part of the motion to approve that the request does include a minor change to
the Comprehensive Land Use Plan.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
Motion was made by Council Member Price, seconded by Council Member
Boren to pass on first reading Ordinance No. 2006-00089 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.2. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00090 Zone
Case No. 3065 (6914 82nd Street) Hold a public hearing to consider
request of Coldwell Banker Commercial (for Forty Five Holdings Ltd.)
for a zoning change from T to C-2 on 2.10 acres of unplatted land out of
Block AK, Section 30.
ORDINANCE NO.2006-00090
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3065; A ZONING CHANGE FROM T TO C-2
ZONING ON 2.10 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION
30, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Miller opened the public hearing at 10:04 a. m. No one appeared on
behalf of Forty Five Holdings Ltd. No one appeared in opposition. Mayor
Miller closed the hearing at 10:07 a. m.
The request will allow commercial development on a parcel annexed in 2000.
Adjacent land uses:
N — residential
S — church
E — commercial, developed prior to annexation
W — vacant
The request is consistent with the Comprehensive Plan Amendment adopted
for the area subsequent to annexation in 2000. This particular stretch of 82nd
Street was designated as commercial since strip commercial was prevalent
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Regular City Council Meeting
August 24, 2006
along most of the developed portions of 82nd Street west of Frankford
Avenue.
Commercial zone cases have been approved both to the east and west of this
parcel. C-2 will provide a comfortable level of commercial for the area,
particularly since residential exists immediately to the north. The Code will
require a screening fence for any project on the parcel.
The project will have little additional impact on the thoroughfare system since
82nd Street is in place as a seven lane street. A recommended condition below
will also benefit or lessen traffic congestion on 82nd Street.
The Planning Commission recommended approval of the request as C-2 with
the following condition:
1. The entire parcel shall be limited to one curb cut on 82nd Street. The
project will have access from Primrose. If subdivided, a cross access
easement should be in place prior to issuance of a construction permit.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation by the Planning Commission.
Motion was made by Council Member Price, seconded by Council Member
Boren to pass on first reading Ordinance No. 2006-00090 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.3. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00091 Zone
Case No. 1588-B (east of Avenue X and north of Mac Davis Lane) Hold a
public hearing to consider request of McCanton Woods Ltd. for a zoning
change from R-2, A-2, and IHC to CB-3 Specific Use for a hotel on Tracts
7 and 9, Overton Park Addition.
ORDINANCE NO.2006-00091
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1588-13; A ZONING CHANGE FROM R-2, A-2, AND
IHC TO CB-3 SPECIFIC USE FOR A HOTEL ON TRACTS 7 AND 9, OVERTON
PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Miller opened the public hearing at 10:04 a. m. No one appeared on
behalf of McCanton Woods Ltd. No one appeared in opposition. Mayor
Miller closed the hearing at 10:07 a. m.
The continuing redevelopment of the Overton North Addition includes this
major proposed addition of a hotel. The City will be involved in a side project
that will provide a meeting facility that will operate in conjunction with the
hotel. The hotel is also on track to become a hands-on participant in the RHIM
Program at Texas Tech University.
Adjacent land uses:
N — commercial
S — vacant, will be multi -family
E — multi -family
W — proposed commercial
The project is consistent with the amendment to the Comprehensive Land Use
Plan adopted for the redevelopment. The project is also consistent with zoning
policy for the area.
As exciting as the project is, it is fairly routine from the zoning perspective
that is being pursued as the area redevelops - the concept of "new urbanism".
The building is pulled forward toward the street with most parking in the
back. The facility does have a drive through front check -in area illustrated on
the site plan.
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As all the projects in the area, the facility will have an impact on the
immediate area traffic, but should have no significant impact on the overall
thoroughfare system. The concept of new urbanism is walkability, and the
injection of vehicles into that formula will cause this vicinity of town to
always be congested but it is no change from the former subdivision in that
aspect because of being adjacent to Texas Tech.
The Planning Commission recommended the request with the following
conditions:
1. Tied to the building elevation with some minor modifications that are
being required by the developer for greater compatibility with materials
used on the Tech Campus.
2. Tied to the proposed site plan.
3. Any parking immediately adjacent to any street shall have the screening
fence described in the Overton Park Right of Way Development
Guidelines.
4. The developer and motel owner will work with the City on a developer
agreement regarding the upgrade of improvement within the adjacent
public right of way.
Subsequent discussion with the developer and staff, after the Commission
meeting, indicates the need for the Council to consider an additional condition
to meet the occasional objective of the convention center or hotel to host
events in the outside area on the west side of the building. If approved, please
consider adding Condition #5:
5. The hotel and/or city meeting facility may host open air events within the
patio area adjacent to Avenue X for periods to not last more than two
days. Such functions will be in conjunction with events occurring at the
meeting facility or hotel.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
Randy Henson, Director of Planning, gave comments and answered questions
from Council.
Motion was made by Council Member Price, seconded by Council Member
Boren to pass on first reading Ordinance No. 2006-00091 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.4. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00092 Zone
Case No. 3066 (901 University) Hold a public hearing to consider request
of McCanton Woods Ltd. for a zoning change from C-4 and R-3 to CB-3
Specific Use for fast food restaurants on Tract 1-B1, Overton Park
Addition.
ORDINANCE NO.2006-00092
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. O
CB-3 SPECIFIC USE FOR FAST
FOOD RESTAURANTS ON PROPOSED TRACT l-
Bl, OVERTON PARK ADDITION,PROVIDING ,EXAS; SUBJECT A SAVINGS CLAUSE
CONDITIONS; PROVIDING A PENALTY,
AND PROVIDING FOR PUBLICATION.
Mayor Miller opened the public hearing at 10:04 a. in. No one appeared on
behalf of McCanton Woods Ltd. No one appeared in opposition. Mayor
Miller closed the hearing at 10:07. in.
Continuing the redevelopment of Overton, this block will be divided among
three tenants — all three are on this agenda for zoning approval that will meet
the needs of the applicant and further the concept of "new urbanism" that is
the target of the efforts in the Overton Park redevelopment. These two
Regular City Council Meeting
August 24, 2006
restaurants are somewhat more traditional in looks as fast food establishments
than some of the other buildings in the area, but have agreed to exterior
materials and moving toward the street as much as possible.
Adjacent land uses:
N — commercial
S — commercial
E — proposed hotel
W — Texas Tech University
The proposal is consistent with the Comprehensive Land Use Plan amendment
for this area and with zoning policies. There should be no unexpected impact
on the thoroughfare greater than expected. The applicant has agreed to have a
shared curb return on University for both parcels (where the former alley was
located), a concept that was adopted as a part of the Comprehensive Plan
amendment — to limit the number of curb returns on University while
redeveloping the area. Another excellent concession the applicant has agreed
is illustrated on the site plan, and that is the relocation of the drive access on
9th and 1 Oth to the back of the lots, a function that will diminish congestion at
the intersection of the two streets with University.
The Planning Commission recommended the request with the following
conditions:
1. Tied to the proposed site plan and building elevation for the Cane's
restaurant. The building elevation notes brick, clay tile roofing, stucco and
brick to match existing development (Texas Tech).
2. For the north pad, unless a site plan and elevation are available for City
Council review and approval by the first or second reading date, the
applicant shall present both a site plan and building elevation for review
by the Planning Commission as "other business" prior to issuance of a
construction permit.
3. Any parking immediately adjacent to any street shall have the screening
fence described in the Overton Park Right of Way Development
Guidelines, for the portions of 9th Street, 1 Oth Street and University noted
on the site plan.
4. The developer(s) will work with the City on a developer agreement
regarding the upgrade of improvement within the adjacent public right of
way in a manner consistent with the Overton Park Right of Way
Guidelines.
FISCAL IMPACT
No fiscal impact.
The staff supports the recommendation of the Planning Commission.
Motion was made by Council Member Price, seconded by Council Member
Boren to pass on first reading Ordinance No. 2006-00092 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.5. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00093 Zone
case No. 3067 (south of 9th Street and west of Avenue X) Hold a public
hearing to consider request of McCanton Woods Ltd. for a zoning change
from R-3 to CB-3 Specific Use for hotel/condominium on Tract 1-132,
Overton Park Addition.
ORDINANCE NO.2006-00093
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3067; A ZONING CHANGE FROM R-3 TO CB-3
SPECIFIC USE FOR HOTEL/CONDOMINIUM ON THE PROPOSED TRACT 1-
B2, OVERTON PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
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Regular City Council Meeting
August 24, 2006
Mayor Miller opened the public hearing at 10:04 a. m. No one appeared on
behalf of McCanton Woods Ltd. No one appeared in opposition. Mayor
Miller closed the hearing at 10:07 a. m.
The applicant is requesting zoning that will provide for a hotel, operated in a
unique manner in that each unit is a condominium an owned by a person who
will have the right to stay in the room whenever they choose. The concept is
geared to persons living outside Lubbock who enjoy events in Lubbock and at
the University that may want a "home away from home", but also have the
ability to recoup some of their investment by rental from the "hotel"
management when they choose to not be in residence.
Adjacent land use:
N — commercial
S — multi -family and commercial
E — multi -family
W — commercial
The project is in concert with the amended Comprehensive Land Use Plan and
zoning policies. For this project, the architectural firm that produces both site
plans and building elevations is behind and has not completely finished the
project design. As a means to accelerate the timetable, the staff agreed to
process the zone case with a split alternative for final review of the plans. The
proposed conditions cover all the bases in lieu of having the plans actually
before the Planning Commission.
The project will not create any impact on the thoroughfare system not already
anticipated for the area. The building and site plan that are under development
will meet the objectives of the "new urbanism" concept, the owner of the
property is coordinating that process as well as the protections noted below.
The Planning Commission recommended the request with the following
conditions:
1. Any parking immediately adjacent to any street shall have the screening
fence described in the Overton Park Right -of -Way Development
Guidelines.
2. The developer(s) will work with the City on a developer agreement
regarding the upgrade of improvement within the adjacent public right of
way in a manner consistent with the Overton Park Right of Way
Guidelines.
3. Regarding a site plan and building elevation, the developer shall have two
choices:
a. Should the site plan and elevation be available at the time of the first or
second reading of the ordinance, such materials may be attached to the
zone case as requirements by the City Council.
b. Should the site plan and elevation not be available prior to the first or
second reading of the ordinance, the applicant or subsequent developer
shall have a site plan approval for the project by the Planning
Commission as "other business" prior to issuance of a construction
permit. The plan and elevation shall incorporate the concepts
envisioned within the Overton Park Right of Way Guidelines as well
as the private guidelines created by the developer for on -site
improvements.
FISCAL IMPACT
No fiscal impact.
The staff supports the recommendation of the Planning Commission.
Motion was made by Council Member Price, seconded by Council Member
Boren to pass on first reading Ordinance No. 2006-00093 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
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6.6. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00094 Zone
Case No. 2343-B (1901 E. Broadway) Hold a public hearing to consider
request of Loy McGee for a zoning change from C-4 to M-1 limited to
truck parts manufacturing with no outside storage and all
unconditionally permitted C-4 use on the south half of Block 8, East Side
Addition.
ORDINANCE NO. 2006-00094
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2343-13; A ZONING CHANGE FROM C-4 TO M-1
ZONING LIMITED TO TRUCK PARTS MANUFACTURING AND ALL
PERMITTED C-4 USES, ON THE SOUTH HALF OF BLOCK 8, EAST SIDE
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Miller opened the public hearing at 10:04 a. m. No one appeared on
behalf of Loy McGee. No one appeared in opposition. Mayor Miller closed
the hearing at 10:07 a. m.
The applicant has operated a truck tank parts manufacturing business on the
property to the north for many years. That property north of the alley north of
Broadway is zoned M-1. Since the proposed use (manufacturing of any
nature) is not permitted in the strip of C-4 that exists along East Broadway,
Mr. McGee is requesting a change for the frontage on East Broadway to M-1
with several conditions that will allow his business expansion in a manner that
will remain compatible with the surrounding C-4.
The City Council and North and East Commission have a heavy emphasis on
retention and expansion of business locations in this vicinity, and Mr. McGee
and his family are attempting to follow that lead. Adjacent and use in all
directions is either heavy commercial or manufacturing. The request, as
limited by the proposed conditions, is compatible with the Comprehensive
Land Use Plan and zoning policy.
The project will have no impact on the thoroughfare system.
The staff is in support of the request as outlined in the letter from M.A.N.M.
of Lubbock dated July 17, 2006, that the use on the property shall be limited
to C-4 and one M-1 use, trailer/tank manufacturing.
The Planning Commission recommended the request with the following
conditions:
1. All manufacturing shall be within an existing or new structure.
2. No outside stack or storage of materials shall be allowed.
3. Display and sales of finished tankers/trucks shall be permitted as a C-4
use.
4. Permitted uses shall be trailer/tank repair and manufacturing and all
permitted C-4 uses.
FISCAL IMPACT
No fiscal impact is anticipated.
The staff supports the recommendation of the Planning Commission.
Motion was made by Council Member Price, seconded by Council Member
Boren to pass on first reading Ordinance No. 2006-00094 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.7. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00095 Zone
Case No. 2460-0 (located east of Quaker and north of 78th Street)
Appeal of denial by the Planning Commission for a request by Terry
Williams (H.I.S. Development). The requested change is from C-3
Specific Use to C-2 Specific Use (for reduced setback from 78th Street).
C-4 Specific Use for a mini -warehouse project.
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Regular City Council Meeting
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This ordinance is void. Council upheld Planning and Zoning Commission to
deny the request.
Mayor Miller opened the public hearing at 10:08 a. in. Terry Williams, Terry
Taylor, Steve Sever, Kia Hill, and Amy Sever appeared on behalf of H.I.S.
Development. Chris Bell (Vice -President of Kings Park Neighborhood
Association), Bill Noble, Jean Sloan, Bonnie Aycock, Steve Gary, and Tom
Williams appeared in opposition. Mayor Miller closed the hearing at 11:15
a. in.
First, several points of background should be reviewed that may either
enlighten or cloud the comments presented by the adjacent property owners:
• To the knowledge of the Director of Planning, the contention that any City
personnel have been involved in any discuss;on that the owner of the
property could not build anything on the land is erroneous. There is no
doubt that City personnel over the years may have been involved in
meetings with public or private individuals and indicated that it may not
be advisable.
• The Planning Staff is aware of several of the adjacent residential property
owners that were not made aware of the landfill location when they
purchased their property. The responsibility normally rests with the real
estate agents and title companies involved in the land transaction. Calls to
the City Planning Department have always been answered in the
affirmative that there was a capped landfill at the location.
• The pit that was in place in the 1950's outside the City limits was probably
mined for caliche for street projects in the vicinity.
• Lubbock residents placed garbage and refuse in the pit for years while it
was outside the city limits.
• The property was annexed in 1958.
• The municipal contract to fill the pit was completed in approximately
1969 and capped by 1970.
• The land was never owned by the City of Lubbock, the placement of the
garbage in the pit was by contract.
• The method used at this pit was repeated at a number of sites in Lubbock.
Mae Simmons Park and community center area was formerly a landfill.
Whether any of the other landfill sites in Lubbock are developed is not
known.
• In about 1997, the City of Lubbock "stepped up to the plate" to insure
protection of adjacent residents when the presence of methane and other
gases was detected in basements and bedrooms adjacent to the landfill.
The Lubbock Fire Department coordinated a campaign of awareness.
They also installed and continue to monitor sensors for several gasses in
the basements. Since the mitigation efforts noted in the next bullet, the
Planning Department is not aware of any alarms that have been set off due
to migration of gas from the landfill.
• The City of Lubbock has contracted two projects to avoid contamination
of adjacent property by gases from the landfill. The first was a ditch along
the west, north and east sides that is filled with gravel. If gas does migrate
in those directions it is vented by the porous ditch line. Second, a spider
web of collection lines is connected to a pump located in the small
building on the south edge of the parcel. The pump creates a negative
pressure on the landfill and pumps the gases to the flare that is located
with the fenced area. The City is in the process of issuing a contract to
repair some of the facility, that project is on hold pending discussion of
this zone case.
• A city staff member verified with the TECQ that Chapter 330, Subchapter
T — rules of the State of Texas TECQ — MUST be complied for this
project.
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Regular City Council Meeting
August 24, 2006
• The City does not have the personnel nor expertise to deal with the extent
of many of the questions expressed by the adjacent landowners, the TECQ
has those mechanisms in place should the zone case be approved.
• Lastly, the manner in which the City of Lubbock is on the property for the
mitigation project is not known to the Planning Department. If the project
is recommended by the Council, that detail should be answered.
The applicant is requesting that a parcel of land north of 78th Street and east
of Quaker Avenue be zoned for C-2 along the frontage of 78th and to allow a
mini -warehouse project behind that commercial development. The mini
warehouse would have an entrance from 78th Street.
Adjacent land uses:
N — residential
S — commercial, vacant
E — residential
W — commercial.
The Comprehensive Land Use Plan illustrates the parcel as "open space"
simply because of the lack of knowledge as to indicate how the property
would eventually be used. The b ackground for zone cases on the parcel
includes:
1. 1958 to approximately 1985 — the property was zoned R-1, single family,
since all annexed land was automatically zoned R-1 when incorporated
into the City.
2. Approximately 1985, the property was zoned as the site of a major
regional mall that would compete with South Plains Mall. When the South
Plains Mall won the contest for the two new anchors (Bealls and Mervyns,
the company from Midland eventually went into bankruptcy and the
project died. The site of the landfill was located within the parking lot of
the proposed mall.
3. A local developer acquired the property and rezoned a majority back to
single family and platted the existing subdivisions. The former landfill site
was intentionally not developed because of the expense and possible
environmental issues associated with it.
4. A pitch and putt golf course that failed was zoned on the property several
years ago. The zone case was supported with reservation by the neighbors
since it substantially retained the open space look. The major concession
for the former operator was that the course would not be lit and night time
golf would not be permitted.
A zone change request is supposed to be based on the compatibility of the
proposed land use with the adjacent property owners. If the opposition to this
request is simply that the adjacent owners have taken "visual ownership" of
the parcel, that is not the basis for denial. If the actual use of the land being
proposed is not compatible with the adjacent uses, the request should be
denied. There seems to be a lack of agreement between immediate neighbors
regarding the mini warehouse project. During the hearing, the applicant
offered a ten foot brick wall on the north and east, which would also serve as
the back wall of the lockers. Several successful mini -warehouse projects in
town back up to single family, most notably four — one at 82nd and Utica, one
at 82nd and Indiana, one at 4th and Frankford and one at 82nd east of
University. After the commotion of those cases settled, there have been no
complaints, to the knowledge of the staff, regarding the projects. With the
screening wall proposed as a condition the impact on adjacent property will be
at least reduced.
Several neighbors adjacent to this parcel have made their opposition clear
with regard to not only the incompatibility of the use, and a greater number
have expressed the uncertainties with regard to the impact of the project
caused by the presence of the landfill.
Regular City Council Meeting
August 24, 2006
The Planning Commission focused on the land use compatibility and denied
the case.
The project would have little or no impact on the thoroughfare system.
With denial by the Commission, the applicant needs six affirmative votes by
the Council to overturn.
If Council considers approval, please consider the following conditions:
Use section 24-24 (c) (24) for the C-2 portion with the following condition.
1. Tied to the site plan area with the ability to move north a reasonable
distance.
Use Section 29-24 (c) (25) for the mini project with the following conditions:
1. The C-4 Specific Use area will be limited to mini -warehouse
development. Plan subject to rearrangement of the interior buildings.
2. The area comprising the former landfill will comply with the Texas
Council on Environmental Quality (TECQ) rules as adopted March 27,
2006, as noted in a May 22 letter to Mr. Williams from Dan Dennison,
City of Lubbock Environmental Coordinator. Mr. Williams will provide a
copy of the letter from TECQ approving the development prior to issuance
of a construction permit on the mini -warehouse project
3. The owner of the property that is located over the former landfill will
continue to work with the City of Lubbock remediation project.
4. That a nine -foot perimeter fence on the north and east of the project shall
be constructed of a masonry product (brick, split face block, or masonry
piers with stamped concrete inserts. The fence may serve as the back wall
of the mini -warehouse units.
5. The only required landscape elements on the entire property will be the
standard of 5% of the lots on the C-2 Specific Use portion, and an area at
the entryway to the mini -warehouse project.
6. A fifteen foot setback for the buildings on 78th Street shall be allowed, no
parking shall occur on that 15 foot portion between the building and front
property line.
7. The guidelines for allowed and prohibited activities within mini -
warehouse projects, although already in the Code, will be monitored for
compliance.
FISCAL IMPACT
No fiscal impact.
Without a substantial change of facts during a presentation by the applicant,
who was not present at the Commission meeting and has not publicly
presented a large amount of technical information that he indicates he has, the
staff supports the denial of the Planning Commission.
Holly Holder, Firm Principal with Parkhill, Smith & Cooper, gave comments
and answered questions from Council.
Regular City Council Meeting
August 24, 2006
Motion was made by Council Member Jones, seconded by Mayor Pro Tern
Gilbreath to uphold the Planning and Zoning Commission denial. Motion
carried: 6 Ayes, 0 Nays.
Mayor Miller abstained from voting on this item because he resides in the area
of discussion.
6.13. Contract Resolution - Solid Waste: Resolution No. 2006-RO415
authorizing the Mayor to execute a contract with SCS Field Services for
gas extraction system pipeline improvements, RFP 06-706-13M.
RESOLUTION NO.2006-RO415
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 SCS Field Services of Reston, Virginia, for upgrade of an existing
pipeline for gas extraction at the Lubbock Landfill, 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 24a` 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/Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/John M. Knight
John M. Knight, Assistant City Attorney
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
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
187
Regular City Council Meeting
August 24, 2006
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.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO415 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays. Mayor Miller abstained from voting because he
resides in this neighborhood.
7. WORK SESSION
7.1. Hotel Motel Tax Allocation
This item was deleted.
7.2. Role of Broker of Record in Health Benefits RFP Process
This item was deleted.
Regular City Council Meeting
August 24, 2006
11:25 A.M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
Read and approved this /?-day of 2008.
Jim,Gilbreath, Mayor Pro Tem.
ATTEST:
Re cca Garza, City Secreta