HomeMy WebLinkAboutMinutes - City Council - Regular - 10/13/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 13, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 13th
day of October, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:35 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller, Mayor Pro 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. CITIZEN COMMENTS
1.1. Norma Jean Morris will appear to discuss particular tactics by the law
enforcement community plus certain experiences having lived in
Lubbock.
Ms. Morris addressed Council concerning issues pertaining to certain tactics
by the law enforcement community. She also shared some experiences she
has had since she has lived in Lubbock.
• Representatives from various healthcare administrators addressed Council
regarding their proposal for the City of Lubbock's Health Plan. They were:
Cannon Allen, FirstCare; John Farnsley, HealthSmart; Renee Grimes,
American Administrative Group; and Neil Horn, Blue Cross -Blue Shield.
• Scott Stephenson addressed Council regarding the noise ordinance. He asked
if Council would consider this ordinance as "first -read" again, since there
have been minor changes to the wording. City Attorney Anita Burgess gave
comments, and Mayor Miller asked Mr. Stephenson to meet with Ms. Burgess
to try to get answers to his questions.
2. EXECUTIVE SESSION
Mayor Miller stated: "City Council will hold an Executive Session today for the
purpose of consulting with the City Staff with respect to pending or
contemplated litigation; the purchase, exchange, lease, or value of real property;
personnel matters; appointments to the Reese Redevelopment Authority Board
of Directors; and competitive matters of the public power utility, as provided by
Subchapter D of Chapter 551 of the Government Code, the Open Meetings
Law."
7:54 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present.
2.1. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071, to discuss pending or contemplated litigation or
settlement agreement, and hold a consultation with attorney (Finance,
Solid Waste, Water Utilities).
2.2. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Right of Way, Visitors Center).
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, Municipal Court Judge) and take
appropriate action.
Regular City Council Meeting
October 13, 2006
2.4. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss appointments to the Reese
Redevelopment Authority Board of Directors.
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.
9:43 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Phyllis Jones; Council Member John Leonard; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor Miller reconvened the meeting at 9:43 a. m.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Pastor Tom Lakey, First Assembly of God.
3.2. Pledge of Allegiance to the Flags.
Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
3.3. Presentation of a special recognition recognizing the Lubbock Apartment
Association for their work on the Share the Warmth Coat Drive.
Council Member Leonard presented special recognition to the Lubbock
Apartment Association for their dedication and work on the Share the Warmth
Coat Drive. Mr. Leonard invited Jeff Lowrey, Lucy Eade, Angela Taylor,
other members of the Lubbock Apartment Association, and other partners that
were present in the audience to accept this special recognition. Mr. Lowrey
gave comments.
3.4. This item was considered following Item 3.6.
3.5. Presentation of a special recognition recognizing Chamber of Commerce
Week in Texas, October 16-20, 2006.
Mayor Miller presented special recognition for Chamber of Commerce Week
in Texas, which is the week of October 16-20, 2006. Joining the Mayor were
Eddie McBride, CEO, and Steve Verrett, Chairman of the Board, of the
Lubbock Chamber of Commerce. Mr. Verrett gave comments.
3.6. Special recognition commemorating October 15-23, 2006, as YWCA
Week without Violence.
Mayor Miller presented special recognition to commemorate October 15-23,
2006 as YWCA Week without Violence, which is a public awareness
campaign. Claudia Griffin, President of the YWCA Board of Directors, was
present to accept this recognition. Ms. Griffin gave comments.
3.7. This item was considered following Item 3.4.
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3.4. Presentation of the Heart and Stroke Healthy City Recognition Award to
the City of Lubbock by Dr. Thomas E. Tenner, Jr., Vice Chair, Texas
Council on Cardiovascular Disease and Stroke.
Dr. Thomas E. Tenner, Jr., Vice -Chair of the Texas Council on
Cardiovascular Disease and Stroke, presented the Heart and Stroke Healthy
City Recognition Award to the City of Lubbock. Tommy Camden and Chris
Rogers of the Lubbock Health Department joined Mayor Miller in accepting
this presentation.
3.7. Board Appointment Recognition:
Gary Loden - Urban Design/Historic Preservation Commission
(unable to attend)
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
September 13, 2006
Motion was made by Council Member Price, seconded by Council Member
Jones to approve the minutes of the Regular City Council Meeting of
September 13, 2006 as recommended by staff. Motion carried: 7 Ayes, 0
Nays.
5. CONSENT AGENDA was considered following Item 6.4.
6. REGULAR AGENDA
6.1. This item was considered following Item 5.39.
6.2-6.4. These items were considered following Item 6.13.
6.5-6.6. These items were considered following Item 6.1.
6.7. This item was considered following Item 6.6 and reconsidered
following Item 6.11.
6.8-6.11. These items were considered following Item 6.6.
6.12. Pass -Through Financing Application Resolution - Finance: Resolution
No. 2006-RO473 authorizing the Mayor to execute a Pass -Through
Financing Application with the Texas Department of Transportation.
RESOLUTION NO.2006-RO473
WHEREAS, the City of Lubbock contemplates applying to the Texas Department
of Transportation for Pass -Through Financing regarding the Northwest Passage Project;
WHEREAS, Pass -Through Financing will provide great opportunities for, and
benefits to, the City of Lubbock and its citizens;
WHEREAS, the City of Lubbock now desires that the Mayor execute and submit
to the Texas Department of Transportation an Application for Pass -Through Financing,
for and on behalf of the City Council of the City of Lubbock;
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 and submit to the Texas Department of Transportation, for and
on behalf of the City of Lubbock, an Application for Pass -Through Financing
related to the Northwest Passage Project, and all related documents. Said
Application for Pass -Through Financing 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 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Jeff Yates
Jeff Yates, Chief Financial Officer
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
Pass -Through Financing is a TxDOT program enabled by House Bill 3588
and is a new financing tool the state created to allow local communities to
fund upfront costs for building a state highway project. The state partially
reimburses the community over time by paying a fee for each vehicle that
drives on the new highway.
This option enables local communities to get transportation projects financed
and built more quickly than traditional state programs allow. TxDOT can
develop these types of agreements with a regional mobility authority, regional
toll way authority, county, city, public, or private entity. The benefit is that the
community receives money back from the state as travelers use the new
project. If traffic is high, the state will repay at a faster rate. If traffic is lower
than projected, repayment will occur over a longer period. Either way, the
state still pays for a portion of the project. The community and state will work
out the payment arrangements based on the balance of highway usage and
bond money used to construct the project.
Benefits of this program include:
a) Pass -Through Financing speeds up transportation project construction by
allowing local communities to fund their own projects, knowing they will
be partially reimbursed by TxDOT.
b) Reimbursements are made based on use of the project. However, if traffic
volume is less than projected, the term of the agreement will be extended
until reimbursement is made.
c) Reimbursements can be made for more than the current project estimate if
TxDOT determines that there will be a financial benefit to the state by
building a project sooner.
d) If a project comes in under budget, the project developer (in this case, the
City) is not required to repay TxDOT the difference between the actual
costs and the amount of the designated agreement.
The City is making application to TxDOT for Pass -Through Financing for the
state highway system portion of the Northwest Passage. The specific projects
that are eligible for the Pass -Through Financing are comprised of the
following:
I. Widen Loop 289 to six lanes from Frankford Avenue to U.S. 84. Lanes
will be 12 feet in width and will be divided by a concrete traffic barrier.
The project will also include the addition of entrance and exit ramps as
well as modification to the existing ramps to better accommodate traffic
patterns.
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II. Widen 4th Street (FM 2255) Loop 289 from four lanes to six lanes with
left turn lanes, continuing that section on both sides of Loop 289. The
project includes the construction of a new bridge on Loop 289 to
accommodate the additional lanes.
III. Construct a new grade separated interchange that will allow Erskine Street
to pass under Loop 289 and the traffic patterns in this area to be improved
with additional modifications.
This application will formally allow the City to request partial reimbursement
from TxDOT upon completion of the proposed on -system Northwest Passage
Roadway improvements. Approval will allow the application to be placed on
the agenda at either the November or December State Traffic Commission
Meetings. If the application is approved, the next step is negotiation. This will
take place over a series of meetings with TxDOT's Transportation
Commission. The process from application submission through negotiation
and final approval typically takes around six months.
FISCAL IMPACT
The current estimated cost of completing the eligible on -system improvements
is approximately $90 million. This figure includes construction, engineering,
construction supervision, and right-of—way costs. All costs are eligible for
reimbursement with the exception of right-of-way.
Staff recommends approval of this resolution.
Tom Martin, Vice -Chair of the Metropolitan Planning Organization; Randy
Hopmann, Lubbock District Engineer with Texas Department of
Transportation (TxDOT); and Jeff Yates, Chief Financial Officer, 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-RO473 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.13. Pass -Through Financing Letter of Support Resolution - Finance:
Resolution No. 2006-RO474 authorizing the Mayor to execute a letter of
support for a Pass -Through Financing Application with the Texas
Department of Transportation.
RESOLUTION NO.2006-RO474
WHEREAS, the City of Lubbock contemplates applying to the Texas Department
of Transportation for Pass -Through Financing regarding the Northwest Passage Project;
WHEREAS, Pass -Through Financing will provide great opportunities for, and
benefits to, the City of Lubbock and its citizens;
WHEREAS, the City of Lubbock desires that the Mayor execute a letter to be sent
to the Texas Department of Transportation in support of the City of Lubbock's
Application for Pass -Through Financing, for and on behalf of the City Council of the
City of Lubbock.;
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 to be sent to
the Texas Department of Transportation in support of the City of Lubbock's
Application for Pass -Through Financing for the Northwest Passage Project, and
all related documents. The letter in support of the City of Lubbock's Pass -
Through Financing Application is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
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Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Jeff Yates
Jeff Yates, Chief Financial Officer
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
Pass -Through Financing is a TxDOT program enabled by House Bill 3588 to
allow local communities to fund upfront costs for building a state highway
project. The state then partially reimburses the community over time by
paying a fee for each vehicle that drives on the new highway.
This option enables local communities to get transportation projects financed
and built more quickly than traditional state programs could accomplish.
TxDOT can develop these types of agreements with a regional mobility
authority, regional toll way authority, county, city, public or private entity.
The benefit is that the community receives money back from the state as
travelers use the new project. If traffic is high, the state will repay at a faster
rate. If traffic is lower than projected, repayment will occur over a longer
period. Either way, the state still pays for a portion of the project. The
community and state will work out the payment arrangements based on the
balance of highway usage and bond money used to construct the project.
Benefits of this program include:
a) Pass -Through Financing speeds up transportation project construction by
allowing local communities to fund their own projects, knowing they will
be partially reimbursed by TxDOT.
b) Reimbursements are made based on use of the project. However, if traffic
volume is less than projected, the term of the agreement will be extended
until reimbursement is made.
c) Reimbursements can be for more than the current project estimate if
TxDOT determines that there will be a financial benefit to the state by
building a project sooner.
d) If a project comes in under budget, the project developer is not required to
repay TxDOT the difference between the actual costs and the amount of
the designated agreement.
The City is making application to TxDOT for Pass -Through Financing for the
state highway system portion of the Northwest Passage. The specific projects
that are eligible for the Pass -Through Financing are comprised of the
following:
I. Widen Loop 289 to six lanes from Frankford Avenue to U.S. 84. Lanes
will be 12 feet in width and will be divided by a concrete traffic barrier.
The project will also include the addition of entrance and exit ramps as
well as modification to the existing ramps to better accommodate traffic
patterns.
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II. Widen 4th Street (FM 2255) Loop 289 from four lanes to six lanes with
left turn lanes, continuing that section on both sides of Loop 289. The
project includes the construction of a new bridge on Loop 289 to
accommodate the additional lanes.
I11. Construct a new grade separated interchange that will allow Erskine Street
to pass under Loop 289 and the traffic patterns in this area to be improved
with additional modifications.
This letter will demonstrate support from the Mayor and City Council for the
filing of a Pass -Through Financing Application with the Texas Department of
Transportation (TxDOT). If the application is approved, the City and the
State will then enter into discussion and negotiation for reimbursement of the
project costs from TxDOT for the projects listed above.
FISCAL IMPACT
The current estimated cost of completing the eligible on -system improvements
is approximately $90 million. This figure includes construction, engineering,
construction supervision, and right-of—way costs. All costs are eligible for
reimbursement with the exception of right-of-way.
Staff recommends approval of this resolution.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Leonard to pass Resolution No. 2006-R0474 as recommended by
staff. _Motion carried: 7 Ayes, 0 Nays.
6.2. Public Hearing 10:00 a.m. - Planning: Conduct a public hearing on the
annexation of land described generally as located from one-half mile
south of 98th Street, east of Avenue P, to approximately 500 feet east of
the Tahoka Highway, two sides of which are adjacent to the existing
corporate limits of the City of Lubbock, Texas.
Mayor Miller opened the public hearing at 10:18 a. in. No one spoke in favor
of the annexation. No one spoke in opposition. Mayor Miller closed the
hearing at 10:18 a. in.
City Council previously instructed the Planning Department to initiate the
process of annexation of an area adjacent to 98th Street and east of Avenue P,
to include the area commonly known as "the strip". A map, service plan and a
paper created by the Planning Department with reference to general questions
and answers regarding annexation were provided to Council.
FISCAL IMPACT
No capital expense is recommended in proposed service plan because the area
fits the definition in State law allowing annexation to provide services "as in
like areas" of the rest of the city. Operational expenses (soft services — police,
fire, etc.) will be absorbed by various departments within current operating
budgets.
Staff recommends annexation of the entire area noted as Exhibit A within the
proposed service plan.
6.3. Public Hearing 10:15 a.m. - Business Development: Conduct a public
hearing to receive input concerning the adoption of an ordinance to
designate a reinvestment zone located north of FM 1294 and east of
Interstate 27 to facilitate the transfer of the 301 acre tract of land north of
Lubbock Preston Smith International Airport to the Lubbock Economic
Development Alliance (LEDA) to assist LEDA in obtaining and
developing marketable sites in Lubbock for industrial businesses.
Mayor Miller opened the public hearing at 10:19 a.m. Cheryl Brock,
Business Research Specialist, gave a presentation on the designation of the
reinvestment zone. No one spoke in favor of the ordinance. No one spoke in
opposition. Mayor Miller closed the hearing at 10:22 a. in.
The City has been approached by the Lubbock Economic Development
Alliance (LEDA) to assist them in obtaining and developing marketable sites
in Lubbock for industrial businesses. LEDA has asked that the 301 acre tract
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of land and located north of Lubbock Preston Smith International Airport,
owned by the City, be sold to LEDA for development into industrial sites.
In order for the City to assist LEDA, it has been determined that a
reinvestment zone will need to be created at the site in order to facilitate the
transfer of the land. The first step in the process to create a reinvestment zone
is to hold a public hearing to discuss the issue.
As required by Chapter 312 of the Tax Code, Section 312.201 (d) a public
hearing is being held to discuss the designation of the LIA North
Reinvestment Zone. A governing body may not adopt an ordinance
designating an area as a reinvestment zone until after a public hearing has
been held and after the governing body has determined that the improvements
sought are feasible and practical and will be a benefit to the land and the
municipality included in the zone. At the public hearing, interested persons
are entitled to speak and present evidence for or against the designation.
FISCAL IMPACT
The creation of a reinvestment zone does not have a fiscal impact.
6.4. Reinvestment Zone Ordinance 1st Reading - Business Development:
Ordinance No. 2006-00108 designating a reinvestment zone within the
City of Lubbock as authorized by Chapter 312, Tax Code; describing the
boundaries of said zone; describing the eligibility of said zone for
commercial -industrial tax abatement; providing a saving clause and
providing for publication.
ORDINANCE NO.2006-00108
AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE
CITY OF LUBBOCK AS AUTHORIZED BY CHAPTER 312, TAX CODE;
DESCRIBING THE BOUNDARIES OF SAID ZONE; DESCRIBING THE
ELIGIBILITY OF SAID ZONE FOR COMMERCIAL -INDUSTRIAL TAX
ABATEMENT; PROVIDING A SAVING CLAUSE AND PROVIDING FOR
PUBLICATION.
The City has been approached by the Lubbock Economic Development
Alliance (LEDA) to assist them in obtaining and developing marketable sites
in Lubbock for industrial businesses. LEDA has asked that the 301 acre tract
of land and located north of Lubbock Preston Smith International Airport
owned by the City be sold to LEDA for development into industrial sites.
In order for the City to assist LEDA, it has been determined that a
reinvestment zone will need to be created at the site in order to facilitate the
transfer of the land. The first step in the process to create a reinvestment zone
is to hold a public hearing to discuss the issue. Once the public hearing has
been held and it is determined that the improvements are feasible and practical
and will benefit the land, the next step involves adopting an ordinance
designating the LIA North Reinvestment Zone.
FISCAL IMPACT
The creation of a reinvestment zone does not have a fiscal impact.
Staff recommends approval of the first reading of this ordinance.
Motion was made by Council Member DeLeon, seconded by Council Member
Leonard to pass on first reading Ordinance No. 2006-00108 as recommended
by staff. Motion carried: 6 Ayes, 0 Nays.
Council Member Boren was away from the dais.
5. CONSENT AGENDA (Items 5 1, 5 5-5 9, 5 11-5.12, 5.15-5.25, 5.27-5.34, 5.40)
Motion was made by Council Member Leonard, seconded by Council Member Price
to approve Items 5.1, 5.5-5.9, 5.11-5.12, 5.15-5.25, 5.27-5.34, and 5.40 on consent
agenda as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
Regular City Council Meeting
October 13, 2006
5.1. Repeal of Ordinance 2nd Reading - City Manager's Office: Ordinance
No. 2006-00102 Consider an ordinance amending Chapter 2 of the Code
of Ordinances by repealing Section 2-259(d) and Ordinance 9965
regarding in -kind services for special and community events.
ORDINANCE NO.2006-00102
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, BY REPEALING SECTION 2-259(d)
AND ORDINANCE 9965 REGARDING IN -KIND SERVICES FOR
SPECIAL/COMMUNITY EVENTS AND PROVIDING FOR PUBLICATION.
At the January 9, 1997, City Council meeting, City Council approved
Ordinance 9965, which amended Chapter 2 of the Code of Ordinances of the
City of Lubbock expanding the duties of the Parks and Recreation Advisory
Board to include review of requests for in -kind services for special
community events. The Special Events Policy was developed to track special
event support and to monitor the increase of requests received from non-profit
organizations for special events. The policy allocates up to $200,000 annually
for in -kind services and 90%, or $180,000 is earmarked for existing events,
while the remaining 10%, or $20,000 is targeted for new events.
This ordinance amendment reassigns the duties of making recommendations
on in -kind services from the Parks and Recreation Board to the City Manager
and staff of the department providing the in -kind services. The new policy
regarding in -kind services is provided.
FISCAL IMPACT
In -kind services will be provided within the existing budget authority.
The total dollar amount of in -kind services provided annually to special and
community event organizers will be determined by executive management
and departments providing services and will be reported to City Council
monthly by the City Manager.
Staff recommends approval of the second reading of this ordinance.
5.2.-5.4. These items were moved from consent agenda to regular agenda and
considered following Item 5.40.
5.5. Zone Case No. 2926-C (east of Savannah and South of 99th Street)
Ordinance 2nd Reading - Planning: Ordinance No. 2006-00105
Consider request of Ken Flagg (for Lakeridge Estates) for a zoning
change from C-2 and R-1 Specific Use to R-1 Specific Use for Garden
Homes on proposed Lots 148-158, 163-193 and R-1 Specific Use for
reduced setbacks on proposed Lots 212-222, Lakeridge Estates Addition,
and to consider ordinance.
ORDINANCE NO.2006-00105
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2926-C; A ZONING CHANGE FROM C-2 AND R-1
SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES ON LOTS 148-158
AND 163-193 AND R-1 SPECIFIC USE FOR REDUCED SETBACKS ON LOTS 212-
222, LAKERIDGE ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
The applicant is requesting an adjustment zone case for an area now finalized
by the design and platting process to allow garden home development in one
section and the now favored setbacks on standard single family in the other
section.
Adjacent land uses:
N — commercial
S — residential
E — residential
W — residential
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The request is split into two parts, one area will be garden homes with reduced
setback on corner lots and cul de sac lots, and the second area will be
traditional homes with a reduced front setback along the streets and on the cul
de sac, as well as the side set back for the corner lots.
As residential, the request does not rise to the level of a Comprehensive Land
Use Plan discussion. The request is consistent with zoning policies. The
project will have no more than the expected impact on the thoroughfare
system.
The Planning Commission recommends the request with the following
conditions:
1. In the Garden Home section, the minimum front setback for cul de sac lots
shall be five feet, with the exception that any home with a front entry
garage shall provide a 20-foot setback for the garage portion.
2. In the Garden Home section the minimum side setback on corner lots shall
be five feet.
3. In the traditional residential section along 101 st Street, the minimum front
setback for cul de sac lots shall be five feet, with the exception that any
home with a front entry garage shall provide a 20-foot setback for the
garage portion.
4. In the traditional home section the minimum side setback on corner lots
shall be five feet.
FISCAL IMPACT
No fiscal impact is anticipated.
The staff supports the recommendation of the Planning Commission.
5.6. Zone Case No. 3068 (3618 and 3620 34th Street) Ordinance 2nd Reading -
Planning: Ordinance No. 2006-00106 Consider request of Allen D.
Scott, Jr. (for Paint Doctor, Inc.) for a zoning change from C-2 to C-4
limited to auto repair and muffler shop and all unconditionally permitted
C-3 uses on Lots 8 and 9, Block 3, Taylor Heights Addition, and to
consider ordinance.
ORDINANCE NO. 2006-00106
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3068; A ZONING CHANGE FROM C-2 TO C-4
LIMITED TO AN AUTO REPAIR AND MUFFLER SHOP OR C-3 LIMITED TO
PAINLESS DENT REMOVAL AND ALL UNCONDITIONALLY PERMITTED C-2
USES ON LOTS 8 AND 9, BLOCK 3, TAYLOR HEIGHTS ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The applicant previously leased the former service station to a dent removal
shop as a nonconforming building (the property is zoned C-2 and service
stations currently require C-3). Prior to 1975 when the station was built,
service stations were a permitted use in C-2, thus the nonconforming status
became effective with the adoption of the current model of the zoning code in
1975.
Mr. Scott recently leased to a tenant that has rehabilitated the property and
installed a minor auto repair and muffler shop. Both Mr. Scott and the tenant
made the assumption that the former use as a service station would meet the
test for the new use. The fact that these two uses are a C-4 permitted use was
not understood by Mr. Scott. Mr. Scott is now requesting rezoning that will
accommodate only the minor auto repair and muffler business and exclude the
balance of C-4 uses, to allow one C-3 use for paintless dent repair (should he
relocate from his current 34th and Slide location), and for the parcel to revert
to C-2 uses if either or both C-4/C-3 operations are abandoned.
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Adjacent land uses:
N — residential
S — commercial
E — commercial (C-2 zoned)
W — commercial (C-2 zoned)
The request is slightly in conflict with the policy within the Comprehensive
Land Use Plan that recommends C-4 as heavy commercial on streets that are
designated as a regional or state highway. 34th Street has no such designation.
However, the applicant is requesting only two uses from the C-4 District and
one from C-3.
The practical aspect of this request versus the theoretical creates the decision
making dilemma. The business is in a location where the current use as auto
repair and muffler repair was legal when the building was constructed. As
noted, the service station use became non -conforming when the 1975 Zoning
Code was adopted, and if the building had been an auto repair as many other
locations close to this facility remain, it would be also legal nonconforming.
Mr. Scott (tenant) has cleaned the property and has attempted to create a
viable use. Many nonconforming auto related uses exist along 34th Street for
the reason noted above (being built pre-1975). Thus, the decision making
process is confronted with either accommodating a viable business that has
significantly cleaned up the property or maintain the goal of the street
eventually becoming a C-2 conforming strip of businesses and probably have
a vacant structure — many of which are becoming more evident on 34th Street
west of Avenue Q.
The project will have no effect on the thoroughfare system.
With the request limited to the two C-4 uses, one C-3 use, and a drop back to
C-2 if the land is not used for any of the three noted uses, staff is of the
opinion that the practical argument trumps the theoretical argument.
The Planning Commission recommends the request with the following
conditions:
1. As C-4, the parcels are limited to a minor auto repair (no body work and
no paint booth) and muffler repair shop.
2. The property may be used as one permitted C-3 use, paintless dent
removal.
3. Should the uses noted in #1 and #2 be discontinued, the permitted uses on
the parcels shall conform to C-2 permitted uses.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.7. Ordinance Amendment 2nd Reading - Planning: Ordinance No. 2006-
00107 Consider amendment of Section 29-3 (1051.1) "sign, primary
identification" of the City of Lubbock Code of Ordinances to amend the
percentage of a sign that must be dedicated to primary identification of a
shopping center, and to consider an ordinance.
ORDINANCE NO.2006-00107
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-3 ENTITLED "DEFINITIONS" BY AMENDING
SECTION 29-3 (1051.1) "SIGN, PRIMARY IDENTIFICATION" TO DECREASE THE
ALLOWABLE AREA OF PRIMARY IDENTIFICATION TO 25%; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
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This is a request to change the definition of a primary identification sign to
allow more sign area for the individual tenants and less required identification
of the shopping center.
The original 1977 sign ordinance required that all freestanding signs identify
only the primary shopping center and did not allow for individual tenants to
be placed on the freestanding sign.
In 1987 the definition of a "primary identification sign" was added to the code
allowing up to 50% of the freestanding sign to be tenant panels and 50% for
identification of the center.
This request is to modify that 1987 definition to allow up to 75% of a primary
identification sign to be dedicated to the tenants. The code will be amended as
follows:
Section 29-3(1051.1) Sign, primary identification: Any sign identifying the
name of a shopping center or group of commercial buildings. Such signs shall
commit a minimum of 25 percent of the allowable area to the primary
identification while the remainder may identify businesses within the
shopping center or group of commercial buildings.
In smaller shopping centers with three to five tenants, this change will benefit
individual businesses by affording them more exposure on the freestanding
sign. In some larger shopping centers where only the largest tenants are
allowed by the property owner on the freestanding sign, the small businesses
that depend on the shopping center name to identify their location may not be
added on the sign, but that process is a landlord/tenant negotiation. The City
does not interfere with those negotiations.
This change will also allow the percentage allowed for reader boards, menu
boards, and electronic message signs to increase from 50 percent to 75
percent.
After careful consideration, staff supports the request.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.8. Property Donation Resolution - Business Development: Resolution No.
2006-RO475 accepting the donation of the following properties from H
and T Corporation: All of Lots One (1), Two (2), Three (3), Four (4) and
Five (5), Block 11, Overton Addition to the City of Lubbock, Lubbock
County, Texas, located at 1210 Ave. Q.
RESOLUTION NO 2006-RO475
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock hereby accepts the donation of the following
properties from H and T Corporation: All of Lots One(1), Two(2), Three(3),
Four(4) and Five (5), Block 11, Overton Addition to the City of Lubbock, Lubbock
County, Texas. The Deed for said properties 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 13`h day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Rob Allison
Rob Allison, Assistant City Manager
Development Services
APPROVED AS TO FORM:
/s/Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
Margaret Talkington desires to donate: All of Lots One (1), Two (2), Three
(3), Four (4) and Five (5), Block 11, Overton Addition to the City of Lubbock,
Lubbock County, Texas. The properties are currently owned by H & T
Corporation. Building Inspection was completed February 2, 2006, with a
report of fair -to -good. Environmental inspections were completed March 8,
2006, including soil and groundwater, with negative results for chemicals of
concern. The properties are assessed at $425,404.
FISCAL IMPACT
Expense of $4,705 for environmental inspections, $2,982 for closing costs and
title policy, and approximately $2,000 per year for building maintenance.
There is no fiscal impact for building inspections other than staff time.
Staff recommends acceptance of this property.
5.9. Right -of -Way Resolution - Right -of -Way: Resolution No. 2006-RO476
authorizing the Mayor to execute a Quitclaim Deed in favor of Windall
Taylor and Lynda Taylor for an excess portion of Indiana Avenue right-
of-way located at 3402 49th Street.
RESOLUTION NO. 2006-RO476
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 Quitclaim Deed in favor
of Windall Taylor and Lynda Taylor. 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 131h day of October 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Dave Booher
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
/s/Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
This resolution authorizes the Mayor to convey a 37.86-foot wide by 108.33-
foot long strip of excess Indiana Avenue right-of-way to the adjacent property
owner Windall Taylor and wife Lynda Taylor. The City is selling this 37.86
front foot wide strip of Indiana Avenue right-of-way to the Taylor's for $5.00
per front foot (City Council approved sales price), or $189.
FISCAL IMPACT
Revenue of $189 will be deposited into the General Fund.
Staff recommends approval of this resolution.
5.10. This item was moved from consent agenda to regular agenda and
considered following Item 5.4.
5.11. Contract Resolution - Water Utilities: Resolution No. 2006-RO477
authorizing the Mayor to execute Assistance Agreement No.
#XP-96629501-0 with the United States Environmental Protection Agency
for Federal Assistance for the Canyon Lake System Reuse Project.
RESOLUTION NO. 2006-RO477
WHEREAS, pursuant to that certain Application for Canyon Lakes Reuse Project
(the "Grant Application"), the City of Lubbock applied for a grant from the
Environmental Protection Agency (the "EPA") to defray costs related to water reuse
activities related to the Canyon Lakes;
WHEREAS, said Grant Application was awarded to the City and the EPA now
requests that the City execute that certain Canyon Lakes Water Reuse Project Assistance
Agreement No. XP-96629501-0 (the "Agreement");
WHEREAS, the City now desires to execute the Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby authorize the Mayor
to execute the Canyon Lakes Water Reuse Project Assistance Agreement No. XP-
96629501-0, attached hereto as Exhibit "A", and incorporated herein as if fully set forth,
and any and all other related documents.
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Passed by the City Council this 13th day of October 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Tom Adams
Tom Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
The City of Lubbock has developed a long range water supply plan. The top
three alternatives in that plan for major water supplies include: (1) Lake Alan
Henry, (2) a second pipeline for groundwater through CRMWA, and (3) use
of developed waters.
The preliminary engineering for the Lake Alan Henry project was recently
approved by the Lubbock Water Advisory Commission and the Lubbock City
Council. CRMWA is now initiating a planning effort for its member cities.
The Canyon Lake System Reuse Project will consider opportunities to use
developed waters. Developed waters are those waters that do not occur
naturally in the stream. In this case, the stream is the North Fork of the Double
Mountain Fork of the Brazos River.
These developed waters originate from the following sources in order of
volume of production: (1) wastewater effluent discharged into the stream, (2)
storm water captured and transported through an extensive drainage system,
and (3) groundwater pumped to the head of the Canyon Lake System from the
Lubbock Land Application Site. As these sources are developed and
discharged into the North Fork, the question becomes how to best make use of
these waters.
One of the first steps is to permit the water. The City has three water right
permits pending that will help secure the City's ability to use the water for
beneficial purposes.
The project proposed with federal assistance through the EPA will help
complete studies on quality modeling for the developed waters and will ensure
the usability of the water after it has had time to naturalize in the Lake
System. The Project will also allow the City to take the first step of
constructing pipe system connections, and improvements to enable the
discharge of wastewater effluent into the Canyon Lake system.
The project will also look at proposed storage and diversion locations and will
provide water quality modeling information that will be helpful in
understanding the benefits and challenges of using developed water. The
Canyon Lake System, for purposes of the grant application, includes all of the
existing lakes and lake options on the north and south forks. It is not limited to
the lakes within Lubbock. The sites could include the Jim Bertram Lakes,
Lakes #7 and #8, Post Reservoir, or the Lake Alan Henry Scalping Operation.
FISCAL IMPACT
The federal assistance grant is for $769,800 and requires a 45% match of
$629,837. $650,000 was appropriated in City funds for the project. The
additional amount will help pay for grant administration and reporting
services. A capital project has been set up in the total amount of $1,419,800
which includes both grant and City funds.
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On March 30, 2005, the City was notified that funding had been approved by
the EPA for water planning purposes. On March 23, 2006, funding for the
grant match was included in the Tax & Waterworks System Surplus Revenue
Certificates of Obligation, Series 2006 that was presented and approved by
City Council. On May 25, 2006, City Council approved an application for the
use of the grant and this was sent to the EPA for their approval. On August 18,
2006, the City received notice that the application for the use of the funds on
the Canyon Lake Reuse Project was approved. Council finalized budget
approval for the grant and the match at their regular meeting on September 28,
2006. The Water Commission considered the grant application for approval at
their May 26th meeting.
Staff recommends approval and supports the recommendation from the
Lubbock Water Advisory Commission.
5.12. Contract Resolution - Fire: Resolution No. 2006-RO478 authorizing the
Mayor to execute a contract with Minnix Construction for the
construction of a hazardous materials equipment storage facility at Fire
Station 4,2504 Cornell, Lubbock, Texas, RFP 06-708-DD.
RESOLUTION NO.2006-RO478
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 Minnix Commercial Partners, Ltd., of Lubbock, Texas, for construction
of a hazardous materials storage building at Fire Station No. 4, 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 13th day of October, 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, CIO/Assistant City Manager
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
This project involves the installation of a concrete pad and a pre-engineered
1,500 square foot metal storage facility located on the secured property of Fire
Station 4 at 2504 Cornell in the northwest corner section of the lot.
This facility is needed to store hazardous material equipment acquired from
Homeland Security and other related grants. Many of the equipment items are
weather sensitive and need to be stored in an enclosed and secure
environment. At this time, the department does not have sufficient space to
stock such equipment. As additional equipment is acquired in future years, a
centralized storage facility is necessary to preserve this equipment.
Time for completion is 120 calendar days and liquidated damages are $250
per day. Forty local contractors were notified of this bid.
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FISCAL IMPACT
A total of $100,000 was appropriated with $91,600 available in Capital
Improvement Project 91044, Hazmat Storage - Station #4.
Staff recommends contract award to Minnix Construction of Lubbock, Texas
for $86,231.
5.13: 5.14. These items were moved from consent agenda to regular agenda
and considered following Item 5.10.
5.15. Contract Resolution - Community Development: Resolution No.
2006-RO479 authorizing the Mayor to execute a contract with the United
States Department of Housing and Urban Development for the
Community Development Block Grant for public service activities, non-
public service activities, housing direct delivery, and administration.
RESOLUTION NO.2006-RO479
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Grant Agreement for the Community
Development Block Grant (CDBG), by and between the City of Lubbock and the U. S.
Department of Housing and Urban Development (HUD), and all related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
This is a renewal contract for the Community Development Block Grant from
United States Department of Housing and Urban Development.
The funds will be used for Public Service Activities, Non -Public Service
Activities, Housing Direct Delivery, and Administration.
City Council approved the use of these funds at the regularly scheduled
meeting on June 6, 2006.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The funds are from the United
States Department of Housing and Urban Development. The maximum to be
allocated to this grant is $2,370,340.
Staff recommends approval of this resolution.
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5.16. Contract Resolution - Community Development: Resolution No.
2006-RO480 authorizing the Mayor to execute a contract with the United
States Department of Housing and Urban Development for the
Emergency Shelter Grant for shelter operations, homeless prevention,
essential services, and administration.
RESOLUTION NO.2006-RO480
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Grant Agreement for the Emergency Shelter
Grant (ESG), by and between the City of Lubbock and the U. S. Department of Housing and
Urban Development (HUD), and all related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council this 131h day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
This is a renewal contract for the Emergency Shelter Grant from the
United States Department of Housing and Urban Development.
The funds will be used for shelter operations, homeless prevention, essential
services, and administration.
City Council approved the use of these funds at the regularly scheduled
meeting on June 6, 2006.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The funds are from the United
States Department of Housing and Urban Development. The maximum to be
allocated to this grant is $101,458.
Staff recommends approval of this resolution.
5.17. Contract Resolution - Community Development: Resolution No.
2006-RO481 authorizing the Mayor to execute a contract with the United
States Department of Housing and Urban Development for the Home
Investment Partnerships Grant.
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Regular City Council Meeting
October 13, 2006
RESOLUTION NO.2006-RO481
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Grant Agreement for the Home Investment
Partnerships Grant (HOME), by and between the City of Lubbock and the U. S. Department of
Housing and Urban Development (HUD), and all related documents. Said contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
This is a renewal contract for the Home Investment Partnerships Grant from
U. S. Department of Housing and Urban Development.
The funds will be used for operations, lease purchase, new construction,
rehab/recon, direct delivery and administration.
The City Council approved the use of these funds at the regularly scheduled
meeting on June 6, 2006.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The funds are from the U. S.
Department of Housing and Urban Development. The maximum to be
allocated to this grant is $1,203,385.
Staff recommends approval of this resolution.
5.18. Contract Resolution - Community Development: Resolution 1\o.
2006-RO482 authorizing the Mayor to execute a contract with the South
Plains Community Action Association for the renovations of their
building located at 1611 Avenue M.
RESOLUTION NO.2006-RO482
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
by and between the City of Lubbock and the South Plains Community Action Association from
the Community Development Block Grant Program for building renovations, and all related
documents. Said contract is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
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Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: South Plains Community Action Association
Program: Shapes Head Start Renovation Project
Funding Source: 2005-06 Community Development Block Grant
Use of Funds: The funds for this program will be used to renovate the Shapes
location at 1611 Avenue M.
Amount: $60,000
Match: 25%
Return of Investment: 25% of the total amount used
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this contract was approved by City Council at their
regularly scheduled meeting held on June 23, 2005.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant.
The maximum to be allocated to this project is $60,000.
Staff recommends approval of this resolution.
5.19. Contract Resolution - Community Development: Resolution No.
2006-RO483 authorizing the Mayor to execute a contract with the
Lubbock Boys and Girls Clubs to fund the Youth Summer Program to
allow income eligible youth to participate in summer camps providing
safe supervised activities at two boys and girls club branches (Optimist,
Phea).
RESOLUTION NO.2006-RO483
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
by and between the City of Lubbock and the Lubbock Boys and Girls Clubs (Summer Day
Camps) from the Community Development Block Grant Program and all related documents.
Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
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Regular City Council Meeting
October 13, 2006
Passed by the City Council this 131h day of October, 2007.
ATTEST:
/s/David A. Miller
DAVID A. MILLER, MAYOR
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Lubbock Boys and Girls Clubs
Program: Summer Day Camps
Funding Source: 2006-07 Community Development Block Grant
Use of Funds: The funds for this program will be used to allow income
eligible youth to participate in summer camps providing safe supervised
activities at two boys and girls club branches (Optimist, Phea).
Amount: $16,520
Match: 25%
Return of Investment: Not required for Community Development Public
Service.
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this contract was approved by City Council at the
June 6, 2006 City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant.
The maximum to be allocated to this project is $16,520.
Staff recommends approval of this resolution.
5.20. Contract Resolution - Community Development: Resolution No.
2006-RO484 authorizing the Mayor to execute a contract with McDonald
Transit Associates, Inc. d.b.a. Citibus for paratransit service that
provides ADA certified passengers with regular fixed route services.
RESOLUTION NO.2006-RO484
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Community Development
Funding Contract by and between the City of Lubbock and McDonald Transit Associates,
Inc. d.b.a. Citibus (Paratransit Services) from the Community Development Block Grant.
Said Contract is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
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October 13, 2006
Passed by the City Council this 131h day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy L. Sims
Amy L. Sims, Assistant City Attorney
Grantee: McDonald Transit Associates, Inc. d.b.a Citibus
Program: Paratransit Services
Funding Source: 2006-07 Community Development Block Grant
Use of Funds: The funds for this program will be used to provide partial
funding for Citibus Paratransit Service. This program provides ADA certified
passengers with regular fixed route services. Clients are of low -to -moderate
income.
Amount: $183,604
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this contract was approved by City Council at the
June 6, 2006 City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant.
The maximum to be allocated to this project is $183,604.
Staff recommends approval of this resolution.
5.21. Contract Resolution - Community Development: Resolution No.
2006-RO485 authorizing the Mayor to execute a contract with the
Communities In Schools for administrative personnel and promotion of
the year-round, in -school prevention and intervention program to help
at -risk students with academics, behavior, and attendance.
RESOLUTION NO.2006-RO485
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
by and between the City of Lubbock and the Communities in Schools for the Path to Expansion
Program from the Community Development Block Grant Program and all related documents.
Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
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Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2006.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Communities In Schools
Program: Path to Expansion
Funding Source: 2006-07 Community Development Block Grant
Use of Funds: The funds for this program will be used for administrative
personnel and promotion of the year-round, in -school prevention and
intervention program to help at -risk students with academics, behavior, and
attendance.
Amount: $13,446
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this Contract was approved by City Council at the
June 6, 2006 City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant.
The maximum to be allocated to this project is $13,446.
Staff recommends approval of this resolution.
5.22. Contract Resolution - Community Development: Resolution No.
2006-RO486 authorizing the Mayor to execute a contract with the YWCA
for an educational and recreational program to provide educational and
recreational activities for emotionally disturbed children and children
who have severe behavior problems.
RESOLUTION NO. 2006-RO486
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
by and between the City of Lubbock and the YWCA (Ed Program) from the Community
Development Block Grant Program and all related documents. Said contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
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October 13, 2006
Passed by the City Council this 13th day of October, 2007.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: YWCA
Program: Challenger—ED Program
Funding Source: 2006-2007 Community Development Block Grant
Use of Funds: The funds for this program will be used to provide educational
and recreational activities for emotionally disturbed children and children who
have severe behavior problems.
Amount: $21,344
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this Contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant.
The maximum to be allocated to this project is $21,344.
Staff recommends approval of this resolution.
5.23. Contract Resolution - Community Development: Resolution No.
2006-RO487 authorizing the Mayor to execute a contract with YWCA for
partial funding scholarships for child care and after school care for
CDBGeligible low -to -moderate income families so they can pursue work,
school, or job training.
RESOLUTION NO.2006-RO487
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
by and between the City of Lubbock and the YWCA (Child Care Services) from the Community
Development Block Grant Program and all related documents. Said contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
314
Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2007.
ATTEST:
David A. Miller
DAVID A. MILLER, MAYOR
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: YWCA
Program: Child Care Services
Funding Source: 2006-07 Community Development Block Grant
Use of Funds: The funds for this program will be used to provide partial
funding scholarships for child care and after school care for CDBG-eligible,
low -to -moderate income families so they can pursue work, school, or job
training.
Amount: $51,226
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this Contract was approved by City Council at the
June 6, 2006 City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant.
The maximum �Lo be allocated to this project is $51,226.
Staff recommends approval of this resolution.
5.24. Contract Resolution - Community Development: Resolution No.
2006-RO488 authorizing the Mayor to execute a contract with Family
Promise of Lubbock for facility renovation of the day center.
RESOLUTION NO.2006-RO488
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock. a Community Development
Funding Contract, by and between the City of Lubbock and Family Promise of Lubbock
Inc., for the Facility Rehab Project and all related documents. Said contract is
incorporated in this Resolution and is available for review in the City Secretary's office,
as if fully set forth herein and shall be included in the minutes of the City Council.
315
Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Family Promise of Lubbock
Program: Facility Renovation
Funding Source: 2006-07 Community Development Block Grant
Use of Funds: The funds for this program will be used for the facility
renovation of the day center.
Amount: $30,000
Match: 25%
Return of Investment: 25% of grant funds used will be paid back. Grantee
will have the option of paying back in one lump sum 30-days after completion
of the project or equal payments for up to ten years with no interest charged.
Terms: October 1, 2006 through September 30, 2007
Comments: Funding for this contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant.
The maximum to be allocated to this project is $30,000.
Staff recommends approval of this resolution.
5.25. Contract Resolution - Community Development: Resolution No.
2006-RO489 authorizing the Mayor to execute a contract with
Community Housing Resource Board from the HOME Partnership
Grant for operations and administration.
RESOLUTION NO. 2006-R0489
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Community Development
Funding Contract by and between the City of Lubbock and Community Housing
Resource Board from the HOME Partnership Grant for operations and administration.
Said contract is incorportated in this Resolution and is available for review in the City
Secretary's office, as if fully set forth herein and shall be included in the minutes of the
Council.
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Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2007.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Community Housing Resource Board
Program: Community Housing Development Organization Operations
Funding Source: 2006-07 Home Partnership Grant
Use of ' Funds: The funds will be used to partially pay for operations
associated with the administration of programs currently being offered by the
Community Housing Resource Board.
Amount: $50,000
Match: Not required for Community Housing Development Organization
Operations.
Return of Investment: Not required for Community Housing Development
Organization Operations.
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Home Partnership Grant. The maximum
to be allocated to this project is $50,000.
Staff recommends approval of this resolution.
5.26. This item was moved from consent agenda to regular agenda and
considered following Item 5.14.
5.27. Contract Resolution - Community Development: Resolution No.
2006-RO490 authorizing the Mayor to execute a contract with Habitat for
Humanity for the Building Homes Building Hope Project to build two
new homes.
RESOLUTION NO.2006-RO490
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the
proposal for the Habitat for Humanity Building Homes Building Hope Program from the
Home Investment Partnerships (HOME) Program, and all related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
317
Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 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: Habitat for Humanity
Program: Building Homes Building Hope
Funding Source: 2006-07 HOME Partnership Grant
Use of Funds: These funds will be used to build two new homes
Amount: $100,000
Match: 25%
Return of Investment: Grantee has the option of reinvesting program funds
back into the Building Homes Building Hope Program or can repay 25% of
the grant amount used for the completion of the project as outlined in the 2006
Citizens' Guide.
Terms: October 1, 2006, through September 30, 2008
Comments: Funding for this contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Home Partnership Grant. The maximum
to be allocated to this project is $100,000.
Staff recommends approval of this resolution.
5.28. Contract Resolution - Community Development: Resolution No.
2006-RO491 authorizing the Mayor to execute a contract with the
Alcoholic Recovery Center to assist in the operation of the shelter,
specifically with the facility's utilities and telephone bill.
RESOLUTION NO.2006-RO491
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
by and between the City of Lubbock and the Alcoholic Recovery Center (Operations) from the
Emergency Shelter Grant and all related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
318
Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Development
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Alcoholic Recovery Center
Program: Operations
Funding Source: 2006-07 Emergency Shelter Grant
Use of Funds: Funds will be used to assist in the operation of the shelter,
specifically with the facility's utilities and telephone bill.
Amount: $12,000
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Emergency Shelter Grant. The maximum
to be allocated to this project is $12,000.
Staff recommends approval of this resolution.
5.29. Contract Resolution - Community Development: Resolution No.
2006-RO492 authorizing the Mayor to execute a contract with the Family
Promise of Lubbock for the daily operations of the center, which provides
shelter for homeless families and their children.
RESOLUTION NO.2006-RO492
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Community Development
Funding Contract, by and between the City of Lubbock and Family Promise of Lubbock
Inc., for the Facility Rehab Project and all related documents. Said contract is
incorporated in this Resolution and is available for review in the City Secretary's office,
as if fully set forth herein and shall be included in the minutes of the City Council.
WIN
Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Family Promise
Program: Operations
Funding Source: 2006-07 Emergency Shelter Grant
Use of Funds: The funds for this program will pay for the daily operations of
the center, which provides shelter for homeless families and their children.
Amount: $10,000
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Emergency Shelter Grant. The maximum
to be allocated to this project is $10,000.
Staff recommends approval of this resolution.
5.30. Contract Resolution - Community Development: Resolution No.
2006-RO493 authorizing the Mayor to execute a contract with the
Salvation Army for facility operations, essential services, and homeless
prevention.
RESOLUTION NO.2006-RO493
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
by and between the City of Lubbock and the Salvation Army (Essential Services, Homeless
Prevention, and Operations) from the Emergency Shelter Grant and all related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
320
Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton. Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Salvation Army
Program: Operations, Essential Services and Homeless Prevention
Funding Source: 2006-07 Emergency Shelter Grant
Use of Funds: The funds for this program will be used to fund services
provided to clients involving Homeless Prevention and Essential Services
activities. Funds will also be used to supplement the cost of the overall
operation of the facility.
Amount: $39,386
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant.
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for the contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Emergency Shelter Grant. The maximum
to be allocated to this project is $39,386.
Staff recommends approval of this resolution.
5.31. Contract Resolution - Community Development: Resolution No.
2006-RO494 authorizing the Mayor to execute a contract with Vandelia
Church of Christ for utility and rent assistance to individuals and
families who have experienced a sudden decrease in income in order to
prevent a homeless situation.
RESOLUTION NO.2006-RO494
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
by and between the City of Lubbock and Vandelia Church (Utility/Rent Assistance) from the
Emergency Shelter Grant and all related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
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Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2006.
ATTEST:
/s/David A. Miller
DAVID A. MILLER, MAYOR
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Vandelia Church of Christ
Program: Homeless Prevention
Funding Source: 2006-07 Emergency Shelter Grant
Use of Funds: The funds for this program will be used to provide utility and
rent assistance to individuals and families who have experienced a sudden
decrease in income in order to prevent a homeless situation.
Amount: $10,000
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant.
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for the contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Emergency Shelter Grant. The maximum
to be allocated to this project is $10,000.
Staff recommends approval of this resolution.
5.32. Contract Resolution - Community Development: Resolution No.
2006-RO495 authorizing the Mayor to execute a contract with the
Women's Protective Services for support services and referrals for the
purpose of assisting women, children, and families of domestic violence to
become and remain self-sufficient and free from violence.
RESOLUTION NO.2006-RO495
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
by and between the City of Lubbock and the Women's Protective Services from the Emergency
Shelter Grant and all related documents. Said contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City Council.
322
Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2006.
ATTEST:
/s/David A. Miller
DAVID A. MILLER, MAYOR
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton. Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: WPS
Program: Essential Services
Funding Source: 2006-07 Emergency Shelter Grant
Use of Funds: The funds for this program will be used to provide support
services and referrals for the purpose of assisting women, children, and
families of domestic violence to become and remain self-sufficient and free
from violence.
Amount: $15,000
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant.
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Emergency Shelter Grant. The maximum
to be allocated to this project is $15,000.
Staff recommends approval of this resolution.
5.33. Contract Resolution - Community Development: Resolution No.
2006-RO496 authorizing the Mayor to execute a contract with the U.S.
Department of Housing and Urban Development for utility and rent
assistance to individuals and families who have experienced a sudden
decrease in income in order to prevent a homeless situation (BRIDGE
Program).
RESOLUTION NO.2006-RO496
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Community Development
Funding Contract, by and between the City of Lubbock and U.S. Department of Housing
and Urban Development for the BRIDGE program from the Emergency Shelter Grant
(ESG) Program and all related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
323
Regular City Council Meeting
October 13, 2006
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: The BRIDGE
Program: Homeless Prevention
Funding Source: 2006-07 Emergency Shelter Grant
Use of Funds: The funds for this program will be used to provide utility and
rent assistance to individuals and families who have experienced a sudden
decrease in income in order to prevent a homeless situation.
Amount: $10,000
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Emergency Shelter Grant. The maximum
to be allocated to this project is $10,000.
Staff recommends approval of this resolution.
5.34. Contract Resolution - Civic Centers: Resolution No. 2006-RO497
authorizing the Mayor to terminate a contract with Pharr & Company
for Construction of Visitors Information Center at Buddy Holly Center.
RESOLUTION NO.2006-RO497
A resolution authorizing and directing the Mayor to send a notice of termination of
construction of a visitor information center and Buddy Holly Center pursuant to that
certain contract, with Pharr and Company, approved by the City Council on June 8, 2006.
WHEREAS: On June 8, 2006 the City Council of the City of Lubbock approved entering
into a contract with Pharr and Company for the construction of a visitor information
center at Buddy Holly Center, and
WHEREAS: Section 23 of the said contract provides the city may make such changes
and alterations to the work to be performed pursuant thereto and for payment to Pharr and
Company for work and materials utilized in performing such work, and
WHEREAS: The City Council of the City of Lubbock has determined that it is the best
interests of the city to terminate the construction of the visitor information center and to
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Regular City Council Meeting
October 13, 2006
pay Pharr and Company for work and materials actually expended in performance of the
said contract, and
WHEREAS: Pharr and Company has submitted a "close out" invoice in the amount of
one- thousand five hundred twenty nine and 35/100 dollars ($1,529.35) to the City,
payment of which shall constitute full and final payment of the city's obligations under
the said contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK,
Section I THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to provide written notification to Pharr and Company of the termination of
construction of the said visitor information center.
Section II THAT the City Council of the City of Lubbock hereby approves and
authorizes the payment of the sum of one thousand five hundred twenty nice and 35/100
dollars ($1,529.35) to Pharr and Company in full and final payment of all obligations due
pursuant to the said contract.
Passed by the City Council this 13'h day of October, 2006
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Freddy Chavez
Freddy Chavez, Director of Civic Center
APPROVED AS TO FORM:
/s/John M. Knight
John M. Knight, Assistant City Attorney
/s/David A. Miller
DAVID A. MILLER, MAYOR
The City entered into a contract with Pharr & Co. for the purpose of
constructing a Visitors Center at the Buddy Holly Center. The original
contract totaled $221,000 and was awarded by City Council on June 8, 2006.
Shortly after work began, concerns arose about the impact to the fine art
gallery. To fully evaluate and address these concerns, construction was
halted.
To properly address the concerns, the decision was made to terminate the
project. A pay request of $35,747 for initial deployment cost and equipment
already stored at the Buddy Holly Center has been approved. An additional
invoice of $1,529 will cover all other associated costs to close the project.
FISCAL IMPACT
The final invoice of $1,529 is available in Capital Improvement Project
90406, Visitors Information Center. $249,442 of the original $310,000
remains in the project.
Staff recommends approval of this resolution.
5.35.-5.39. These items were moved from consent agenda to regular agenda and
considered following Item 5.26.
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Regular City Council Meeting
October 13, 2006
5.40. Repeal of Resolution - City Manager's Office: Resolution No.
2006-RO498 repealing Resolution No. 112266A passed in 1966 providing
that the retirement date for all employees shall be December 31 of the
calendar year in which the employee reaches age sixty-five, and further
providing that in no event shall an employee whose age is sixty-five years
or over remain in the employment of the City of Lubbock after December
31, 1969.
RESOLUTION NO.2006-RO498
A RESOLUTION REPEALING CITY OF LUBBOCK RESOLUTION NO.
112266A PASSED IN 1966 PROVIDING THAT THE RETIREMENT DATE FOR ALL
EMPLOYEEES SHALL BE DECEMBER 31 OF THE CALENDAR YEAR IN WHICH
THE EMPLOYEE REACHES AGE SIXTY-FIVE, AND FURTHER PROVIDING
THAT IN NO EVENT SHALL AN EMPLOYEE WHOSE AGE IS SIXTY-FIVE
YEARS OR OVER REMAIN IN THE EMPLOYMENT OF THE CITY OF LUBBOCK
AFTER DECEMBER 31, 1969.
WHEREAS, Resolution No. 112266A, passed by the City Council of the City of
Lubbock on November 22, 1966 provided that the retirement date for all employees shall
be December 31 of the calendar year in which the employee reaches age sixty-five, and
further provided that in no event shall an employee whose age is sixty-five years or over
remain in the employment of the City of Lubbock after December 31, 1969; and
WHEREAS, Resolution No. 112266A neither reflects the policy of the City of
Lubbock nor applicable federal or state law; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Resolution No. I I2266A, passed by the City Council of the
City of Lubbock is hereby repealed.
Passed by the City Council this 13th of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Lee Ann Dumbauld
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/John M. Knight
John M. Knight, Assistant City Attorney
Resolution No. 112266A passed by City Council on November 22, 1966,
provided that the retirement date for all employees shall be December 31 of
the calendar year in which the employee reaches age sixty-five, and further
provided that in no event shall an employee whose age is sixty-five years or
over remain in the employment of the City of Lubbock after December 31,
1969.
FISCAL IMPACT
No fiscal impact.
Staff recommends approval of this resolution.
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Regular City Council Meeting
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6. REGULAR AGENDA (continued)
5.2. Ordinance Amendment 2nd Reading - Police: Ordinance No.
2006-00103 Consider an ordinance amending Chapter 18, Article I of
the Code of Ordinances by repealing Sections 18-4 and 18-4.1, adopting
new Sections 18-4 through 18-4.7 establishing comprehensive regulations
regarding noise in the City of Lubbock.
ORDINANCE NO.2006-00103
AN ORDINANCE OF THE CITY OF LUBBOCK AMENDING CHAPTER 18,
ARTICLE I OF THE CODE OF ORDINANCES BY REPEALING SECTIONS 18-4
AND 18-4.1, ADOPTING NEW SECTIONS 18-4 THROUGH 18-4.8 ESTABLISHING
COMPREHENSIVE REGULATIONS REGARDING NOISE IN THE CITY OF
LUBBOCK, ADOPTING A SAVINGS CLAUSE, A PENALTY CLAUSE AND
PROVIDING FOR PUBLICATION.
The Police Department requests that City Council consider amending Chapter
18, Article I of the Code of Ordinances. This amended ordinance repeals
sections 18-4 and 18-4.1 and adopts new sections 18-4 through 18-4.7. These
new sections establish comprehensive regulations regarding noise in the City,
adopt a savings clause, adopt a penalty clause, and provide for publication.
Section 18-4.1 of this amended ordinance states, "It is the policy of the City to
minimize the exposure of citizens to excessive noise and to protect, promote
and preserve the public health, comfort, convenience, safety and welfare. It is
the express intent of the City to control the level of noise in a manner which
promotes commerce; protects the sleep and repose of citizens; promotes the
use, value and enjoyment of property; and preserves the quality of the
environment."
The Police Department is charged with the duties of enforcing such policies.
To assist in these duties, the amended ordinance provides updated noise
definitions, administration and noise measurements, environmental sound
levels, and places limits on prohibited noises and exemptions necessary to
preserve the public quality of life, property, and peace in accordance with
Section 18-4.1 as quoted above.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommends approval of the second reading of this ordinance.
Police Chief Claude Jones, Assistant City Attorney John Knight, 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 on second and final reading Ordinance No. 2006-00103
as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Council Member Boren was away from the dais.
5.3. Zone Case No. 3058 (50th Street east of Upland Avenue) Ordinance 2nd
Reading - Planning: Ordinance No. 2006-00057 Consider request of
Lester Shaver, for Estates Trust, Inc., for a zoning change from T to R-1
Specific Use for residential estates on 212.763 acres of unsubdivided land
located in Sections 35 and 38, Block AK, and to consider ordinance.
ORDINANCE NO.2006-00057
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3058; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR RESIDENTIAL ESTATES ON 212.763 ACRES OUT OF
SECTIONS 35 AND 38, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
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Regular City Council Meeting
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The request of Mr. Lester Shaver for Residential Estates zoning on a tract east
of Upland and north/south of what will eventually be 50th Street was
approved as a first reading on April 26, 2006. Discussion during the second
reading on May 11, 2006, regarding the possibility of dedication of a portion
of 50th Street resulted in no action being taken by City Council. Since that
time, Mr. Shaver has met with the homeowners association and all have
agreed to dedicate the portion of 50th Street currently developed as a private
road west of Upland. With this resolution of the discussion, the request is
placed again on the Council agenda for second reading.
FISCAL IMPACT
No fiscal impact is anticipated.
City Council approved this item on first reading. Staff recommends approval
of the second reading of this ordinance.
Randy Henson, Director of Planning, 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.
2006-00057 as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Council Member Boren was away from the dais.
5.4. Zone Case No. 1897-A (north of Mac Davis Lane and east of University
Avenue) Ordinance 2nd Reading - Planning: Ordinance No. 2006-00104
Consider request of Parkhill, Smith & Cooper, Inc. (for McCanton
Woods Ltd. and/or Assigns) for a zoning change from C-2 and R-3 to CB-
2 Specific Use for mixed use development (retail and office) with reduced
setback on Tracts 3A and 313, Overton Park Addition, and to consider
ordinance.
ORDINANCE NO.2006-00104
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1897-A; A ZONING CHANGE FROM C-2 AND R-3
TO CB-2 SPECIFIC USE FOR MIXED USE DEVELOPMENT (RETAIL AND
OFFICE) WITH REDUCED SETBACK ON TRACTS 3A AND 313, OVERTON PARK
ADDITION, LUBBOCK, T A AS;SUBJECT
CLAUSE NAND NPROV PROVIDING ING FOR
PENALTY, PROVIDING
PUBLICATION.
Continuing the redevelopment of the Overton area, this request is the
commercial component of the area adjacent to Mac Davis Lane (6th Street)
and University Avenue. This retail area is being built in conjunction with a
planned hotel and public meeting center to the east. A parking garage will be
illustrated on the site plan. A portion of the parking garage on this property
will be committed to the motel and public meeting facility.
Adjacent land uses:
N — commercial
S — vacant commercial
E — vacant commercial
W —Texas Tech
ill provide a residential component as well as retail and
CB 2 Specific Use w
will have a mix of commercial and residential, as well as a parking building.
The applicant requested that the zoning continue to City Council with a site
plan available at that time, or the project will require Planning Commission
approval as an "other business" review as an alternative.
The request will be consistent with the Comprehensive Land Use Plan
adopted for the redevelopment area. As in the other parcels, the principles of
"new urbanism" are being utilized. Most of the buildings are pulled closer to
the street, having less visible parking. Staff continues to work with the new
property owner on the site plan. The proposed "shared parking" on the parcel
Regular City Council Meeting
October 13, 2006
is based on the premise that the tenant mix in an area allows for less overall
pavement, adding to the aesthetic appeal of the shopping area and allowing for
a greater density of development — but not with a negative context.
The project will have no more than the anticipated effect on the thoroughfare
system. It is obvious that traffic is going to be heavy in the area, but
"walkability" and less emphasis on the vehicle is one of the basic tenants of
new urbanism. In addition, the numbers of residents that live within walking
distance of this project area, at least 3,500 new beds have been added within
one-half mile.
The Planning Commission recommends approval of the request with the
following conditions:
1. The project is tied to a site plan and building elevation approved at the
City Council first reading with some ability to move one or several of the
buildings as the details of the project mature; or
2. The applicant will provide the Commission a site plan and building
elevation for other business approval when the plans are complete.
FISCAL IMPACT
No fiscal impact is anticipated.
The staff supports the recommendation of the Planning Commission.
Randy Henson, Director of Planning, gave comments and answered questions
from Council.
Motion was made by Mayor Pro Tem. Gilbreath, seconded by Council
Member Leonard to pass on second and final reading Ordinance No.
2006-00104 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.10. Deed Without Warranty Resolution - Facilities Management:
Resolution No. 2006-RO499 authorizing the Mayor to execute a Deed
Without Warranty in favor of SemMaterials, L.P. for property located at
1619 Marshall Street.
RESOLUTION NO. 2006-RO499
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT a Resolution authorizing and directing the Mayor to execute a deed
without warranty conveying all right, title and interest of the City of Lubbock in 4.57
acres, described as 1619 Marshall Street, Lot 2, Tract 3, Marnels Industrial Addition,
City of Lubbock, Lubbock County, Texas to SemMaterials, L.P. Said deed without
warranty is attached hereto and incorporated in the resolution as if fully set forth herein
and shall be included in the minutes of the Council.
Passed by the City Council this 13th day of October, 2006
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Lee Ann Dumbauld
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/John M. Knialit
John M. Knight, Assistant City Attorney
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This item is a Deed Without Warranty in favor of SemMaterials for the
property located at 1619 Marshall Street (Lot 2 tract 3 Marnels Industrial
Addition, 4.57 acres). This property is located in a reinvestment zone as
defined by law. The development in this underutilized section of the City will
promote local economic development and stimulate business and commercial
activity within the City of Lubbock.
This property was originally leased in 1995 to Koch Industries for an initial
five-year term with the option for three additional five-year terms. The lease
has been in effect since 1995. SemMaterials acquired Koch Industries in 2006.
FISCAL IMPACT
Revenue of $39,814 will be deposited into the General Fund.
Staff recommends approval of this resolution.
Mark Yearwood, Assistant City Manager, gave comments and answered
questions from Council.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2006-R0499 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.13. Contract Resolution - Library: Consider a resolution authorizing the
Mayor to execute a contract with Baker and Taylor, Inc. for the lease of
library books for the Lubbock Public Library System.
5.14.
After discussion, no action was taken on this item.
The City has leased library books for the Lubbock Public Library System
since the 1970s providing new books for citizens in an economical and
efficient way. Library patrons demand new titles quickly and this program
provides that service by providing an inventory of current hardcover titles that
are selected by professional book buyers based on reviews and anticipated
general public demand. Monthly publication title lists are prepared with
annotations to assist the Library staff with selections. The Library may also
order titles not on the selections lists. The Library currently has a base
collection of 2,640 volumes located in the four library facilities. Each month,
the Library will receive 220 new titles and will return books that have been
circulating for at least six months. For every five books returned to Baker and
Taylor, the Library is allowed to keep one book at no charge. During FY
2005-06, there was a total of almost 48,000 leased books checked out. Library
patrons rely on the Baker and Taylor leasing plan to provide current and
popular titles, both fiction and non-fiction.
FISCAL IMPACT
The cost of renewal for FY 2006-07 will be 542,615. The leased book plan is
budgeted in the FY 2006-07 Library operating budget.
Staff recommends approval of this resolution.
Nancy Haney, Executive Director of Community Development; Jane Clausen,
Director of Library Services; and Scott Snider, Assistant City Manager, gave
comments and answered questions from Council. Questions came from
Council regarding possible resale of the leased library books. Staff was
directed to look into the possible options and bring that information back to
Council at a later date. Consensus was to take no action at this time.
Contract Resolution - Police: Resolution No. 2006-110500; Resolution No.
2006-R0501 authorizing the Mayor to execute purchase order contracts
with G.T. Distributors and Barneys Police Supplies for firearm
ammunition - BID 06-057-RW.
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RESOLUTION NO.2006-RO500
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 Letter Agreement by and between the City
of Lubbock and GT Distributors, Inc., of Austin, Texas, for duty and training
ammunition for the Lubbock Police Department, which Agreement 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 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Ralph Bowen
Ralph Bowen, LPD Lieutenant
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
Police ammunition is necessary to equip and maintain officer proficiency with
firearms. These proficiency requirements are mandated by the Texas
Commission on Law Enforcement Officer Standards and Education.
Police officers are required to qualify two times each year to demonstrate
firearms proficiency. Officers are provided training ammunition for
qualifications and duty ammunition is used and replaced once per year. New
police recruits must go through a 40-hour course of firearms training. SWAT
trains twice each month, incorporating firearms training each time. The
Mobile Field Force trains once each month, also incorporating firearms
training. Rifle training for Patrol Officers assigned "patrol rifles" require
quarterly proficiency training and qualification.
The ammunition is of "original manufacture". Reloaded or re -manufactured
ammunition is not acceptable due to reliability and liability issues.
No local companies submitted bids.
FISCAL IMPACT
A total of $75,311 is budgeted in the FY 2006-07 Police Training operating
budget.
Staff recommends bid award to Louisiana Barneys Police Supply of Lafayette,
Louisiana for $42,096; and GT Distributors, Inc. of Austin, Texas for
$36,399.
Police Chief Claude Jones gave comments and answered questions from
Council.
Motion was made by Council Member Leonard, seconded by Council
Member Jones to pass Resolution No. 2006-RO500 and Resolution No.
2006-RO501 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
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5.26. Contract Resolution - Community Development: Resolution No.
2006-RO502 authorizing the Mayor to execute a contract with
Community Housing Resource Board for the Lease Purchase Program to
purchase and rehab houses to be made available for lease purchase to
low -to -moderate income families.
RESOLUTION NO. 2006-RO502
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Community Development
Funding Contract by and between the City of Lubbock and Community Housing
Resource Board from the HOME Partnership Grant for a Lease/Purchase XII Program.
Said contract is incorporated in this Resolution and is available for review in the City
Secretary's office, as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton, Jr.
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
Grantee: Community Housing Resource Board
Program: Lease/Purchase XII Program
Funding Source: 2006-2007 HOME Partnership Grant
Use of Funds: These funds will be used to purchase and rehab houses to be
made available for lease purchase to low -to -moderate income families
Amount: $176,741
Match: Not required for Community Housing Development Organization
projects.
Return of Investment: Grantee has the option of reinvesting program funds
back into the Lease Purchase Program or can repay 25% of the grant amount
used for the completion of the project as outlined in the 2006 Citizens' Guide.
Terms: October 1, 2006, through September 30, 2008
Comments: Funding for this contract was approved by City Council at the
June 6, 2006, City Council meeting.
FISCAL IMPACT
Federal funds will be used from the Home Partnership Grant. The maximum
to be allocated to this project is $176,741.
Staff recommends approval of this resolution.
Nancy Haney, Executive Director of Community Development, gave
comments and answered questions from Council.
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Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO502 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.35. Contract Resolution - Civic Centers: Resolution No. 2006-RO503
authorizing the Mayor to execute a contract amendment to the
professional services contract with BGR Architects, Inc. for increased
work associated with the Visitor Center project.
RESOLUTION NO.2006-RO503
WHEREAS, the City of Lubbock (hereinafter "Owner") and BGR Architects,
_ Inc., (hereinafter "Architect") heretofore on January 13, 2006, entered into an Agreement
for architectural services with regard to renovation of existing space at the Buddy Holly
Center for the purpose of constructing a visitor center; and
WHEREAS, Owner requested additional services by Architect to produce
additional drawings and specifications with regard to said project, which services were
performed by Architect in accordance with the fee schedule attached hereto as
Attachment A; and
WHEREAS, said additional services require an amendment to the original
Agreement for final payment in regard to the visitor center project to have been
constructed at the Buddy Holly Center; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute an Amendment No. 1 to the architectural services contract by and between the
City and BGR Architects, Inc., for additional services in regard to the proposed Visitor
Information Center to have been constructed at Buddy Holly Center, a copy of which
Amendment No. 1 and any associated documents is attached hereto and made a part of
this Resolution for all intents and purposes.
Passed by the City Council this 13th of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Freddy Chavez
Freddy Chavez, Civic Services Director
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
The City of Lubbock entered into a professional services agreement with BGR
Architects, Inc. for the development of written specifications and drawings for
the conversion of space at the Buddy Holly Center into a Visitor Center. The
total amount of the agreement was $23,829. The project was developed and
City staff accepted proposals from local vendors and a recommendation was
approved by the City Council on June 8, 2006. Shortly after construction
began, BGR Architects were asked to provide additional specifications and
drawings for modifications to their original design.
These requests generated additional costs. The dollar amount for the
additional professional services has exceeded the City Manager's contracting
authority and requires approval by the City Council. City staff is requesting
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October 13, 2006
approval to submit payment to BGR Architects, Inc. for the additional service
provided.
FISCAL IMPACT
The � additional $6,385 will bring the total contract amount to $30,214. The
$30,214 is available in Capital Improvement Project 90406, Visitors
Information Center, with a current balance of $249,448 of the original
$310,000.
Staff recommends approval of this resolution.
Nancy Haney, Executive Director of Community Development, gave
comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO503 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.36. Contract Resolution - Business Development: Resolution No. 2006-RO504
authorizing the Mayor to execute a contract with Marion Moss
Enterprises and TIBH Industries for landscape maintenance in the North
Overton Development.
RESOLUTION NO.2006-RO504
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 landscape
maintenance in the North Overton Development and any associated documents by and
between the City of Lubbock and TIBH Industries, Inc., and Marian Moss Enterprises of
Lubbock, Texas and a copy of which Agreement is attached hereto and which shall be
spread upon the minutes of this Council and as spread upon the minutes of this Council
shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 13th day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Victor Kilman
Victor Kilman
Director of Purchasing & Contract Management
APPROVED AS TO FORM:
/s/John M. Knight
John M. Knight, Assistant City Attorney
In 1978, the Texas State Use Works Wonders Program (Program) was
implemented by TIBH Industries, Inc. to increase employment and wages, and
ultimately enhance the lives of Texans with disabilities. This initiative
resulted from the efforts of the Texas Legislature, who created the Program
under Chapter 122 of the Human Resources Code. The Governor of the State
of Texas appoints the Texas Council, which contains representatives from 150
Community Rehabilitation Programs, political subdivisions, private citizens,
and selected agencies. The Council determines a fair market price for goods
and services produced through the Program. Although political subdivisions
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October 13, 2006
are bound by law to get competitive bids, this restriction is waived when
purchases are made through TIBH Industries.
Benefits of the program for the City include:
• Quality products and services.
• Competitive price.
For Texans with disabilities, benefits include:
• Vocational rehabilitation.
• Promotion of self-sufficiency.
• Encouragement of efforts to de -institutionalize people with disabilities.
• Training, Employment and Wages.
For the taxpayer, benefits include:
• Reduction in cost of care for Texans with disabilities.
• Savings of tax dollars.
• Increased tax base.
• Stimulation of growth to local economy.
TIBH provides employment through the Program for Texans with blindness
and other disabilities. Texans with disabilities employed through TIBH are
able to work within their communities. With their wages, these workers
purchase food, clothing, and other items from the community and some
become self-sufficient enough to live alone. Consequently tax money is freed
for use elsewhere. TIBH markets excellent products and services of these
exceptional Texans and serves as the interface between vocational
rehabilitation centers and the purchasing systems of the state, cities, school
districts, counties, and all other political subdivisions.
Under this contract, Marion Moss Enterprises of Lubbock will provide
landscape maintenance services to amenities in the North Overton Public
Improvement District right-of-way. Services will include seasonal color
installation of planting beds, shrubs, ground cover plants, pruning, and
pesticide application. It will also include maintenance of turf and landscape,
mowing, edging, trimming, sweeping of hard surfaced mediums and right of
ways and curb areas, maintenance of trees, watering and operation and
maintenance of the irrigation systems, and emptying of all curbside litter
receptacles.
This contract is for three years and properties will be added to the contract as
the landscaping is completed.
FISCAL IMPACT
The North Overton Public Improvement District will fully fund the cost of
these maintenance agreements.
Staff recommends approval of this resolution.
Motion was made by Council Member Jones, seconded by Council Member
Leonard to pass Resolution No. 2006-R0504 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Mayor Miller recused himself.
5.37. Contract Resolution - Finance: Consider a resolution authorizing the
Mayor to execute an agreement for financial advisory services with RBC
Capital Markets, RFP 06-069-MA.
This item was deleted.
5.38. Contract Amendment Resolution - Parks: Resolution No. 2006-R0505
authorizing the Mayor to execute an amendment to the Joyland Lease
Agreement.
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Regular City Council Meeting
October 13, 2006
RESOLUTION NO.2006-RO505
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 Third Amendment to a Lease Agreement
by and between the City of Lubbock and Mackenzie Park Playground, Inc., d/b/a
Joyland Amusement Park of Lubbock, Texas for additional land for installation of a
new roller coaster ride, which Third Amendment 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 13th day of October, 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, Parks and Recreation Director
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
Joyland Amusement Park, located in Mackenzie Park, has an operations
agreement with the City of Lubbock that originated in May, 1954. Since the
current agreement in 1987, there have been two amendments including an
amendment in 1996 to enable the concessionaire to obtain financing for
improvements to the park facility. The second amendment was approved in
1997 regarding lease payments.
Joyland Amusement Park plans an additional investment of $1.3 million, by
adding an additional attraction ("Greezed Lightnin" roller coaster). To secure
funding, they have requested an amendment to the agreement that includes the
following: 1) 15-year extension with the agreement to expire October 31,
2021. The existing agreement expires in 2011. 2) The existing rental rate
based on a percentage of gross receipts will be changed to an annual payment
of $38,333 per year, beginning with the 2007 season. Joyland will make four
payments per year of 9,583 each. Payments will due on June 1, July 1, August
1 and September 1. For the past five years the average annual lease amount
paid to the city has been $34,576. 3) The new ride will require additional land
for Joyland as depicted in the attached property description. The property
description will be replaced with a metes and bounds survey. A park
playground is located in the area of the Joyland expansion. The Parks and
Recreation Department will remove any playground items that can be reused.
The estimated cost to relocate the existing playground would be $50,000. The
cost to relocate the playground is included in the annual amount to be paid by
Joyland ($3,333 per year for 15 years). Joyland will be responsible for the
remaining demolition. 4) Joyland will build any new parking lots that are
needed for the Joyland expansion. 5) Joyland will be responsible for any
required or necessary archeological and environmental testing and reporting.
On March 28, 2006, the Parks and Recreation Advisory Board considered a
request from David Dean, President of Joyland Amusement Park, to make
improvements/additions to Joyland Amusement Park. The Board approved a
motion that staff proceed with arranging details and developing more detailed
information in regards to the proposed Joyland expansion.
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Regular City Council Meeting
October 13, 2006
FISCAL IMPACT
Annual lease payments will be $38,333 through 2021.
Staff recommends approval of this resolution.
Scott Snider, Assistant City Manager, and Randy Truesdell, Parks and
Recreation Manager, gave comments and answered questions from Council.
David Dean, President of Joyland Amusement Park, also answered questions
from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO505 as recommended by staff. Motion
carried: 4 Ayes, 3 Nays. Mayor Miller, Mayor Pro Tern Gilbreath, and
Council Member Leonard voted Nay.
5.39. Contract Resolution - Emergency Management: Resolution No.
2006-RO506 authorizing the Mayor to accept funding of $503,454 through
the Governor's Division of Emergency Management Homeland Securiq,
Grant Program.
RESOLUTION 2006-RO506
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 accept funding on behalf of the City of Lubbock of $503,454.41
through the Governor's Division of Emergency Management Homeland Security
Grant Program. Notice of the Sub -Recipient Grant Award 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 13th day of October, 2006.
/s/David 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/Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
Consider a resolution authorizing the Mayor to accept funding of $503,454
through the Governor's Division of Emergency Management Homeland
Security Grant Program. The City has previously participated in the
Homeland Security Grant Program. This grant is administered through the
Governor's Division of Emergency Management and allows the City to ask for
reimbursements of funds used for development, and improvement of the City's
emergency management capabilities for disasters and emergencies that may
result from natural disasters, accidental or man -caused events.
FISCAL IMPACT
This agreement will provide for EOC equipment, radio interoperability,
LiveScan, and TDEx. Equipment will be maintained through the grant fund.
Staff recommends approval of this resolution.
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Regular City Council Meeting
October 13, 2006
Kevin Overstreet, Emergency Operations Center Director, gave comments and
answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2006-RO506 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Council Member Price was away from the dais.
6.1. Contract Resolution - Community Development: Resolution No.
2006-RO507 authorizing the Mayor to execute a contract with
WorkSource for child care for CDBGeligible low -to -moderate income
families seeking job training, employment, or education.
RESOLUTION NO.2006-RO507
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve of the proposal for
the Work Source Child Care Assistance Program from the Community Development Block
Grant (CDBG) Program, and all related documents. Said proposal is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council this 13th day of October, 2007.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Bill Howerton
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amv Sims
Amy Sims, Assistant City Attorney
Grantee: WorkSource
Program: Direct Child Care Assistance
Funding Source: 2006-2007 Community Development Block Grant
Use of Funds: The funds for this program will be used for child care for
CDBG-eligible low -to -moderate income families seeking job training,
employment, or education. Funds will be used by Early Learning Centers,
Catholic Family Services, and Christian Women's Job Corps.
Amount: $26,723
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Terms: October 1, 2006, through September 30, 2007
Comments: Funding for this Contract was approved by City Council at the
June 6, 2006, City Council meeting.
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Regular City Council Meeting
October 13, 2006
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant.
The maximum to be allocated to this project is $26,723.
Staff recommends approval of this resolution.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2006-RO507 as recommended by staff.
Motion carried: 4 Ayes, 0 Nays.
Council Members Boren and DeLeon recused themselves. Council Member
Price was away from the dais.
6.5. Tax Abatement Notice of Intent Resolution - Business Development:
Resolution No. 2006-RO508 giving Notice of Intent to enter into a
commercial tax abatement agreement with Vendlville, LLC (Red Chair)
involving real property located at 1419 Buddy Holly Avenue.
RESOLUTION NO.2006-RO508
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with Vendlville, LLC; and
WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the
City Council to be given to the presiding officer of the governing body of each taxing
unit in which the property to be subject to the Tax Abatement Agreement is located;
NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of
the City Council to enter into a Tax Abatement Agreement with Vendlville, LLC, said
notice to be given to the presiding officers of each governing body of each taxing unit
having jurisdiction in assessing taxes on 1419 Buddy Holly Avenue, which is further
described as Lots 1 — 10 of Block 167, Original Town Lubbock, Lubbock County, Texas.
Passed by the City Council this 13th day of October 2006.
/s/David Miller
DAVID MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Rob Allison
Rob Allison, Assistant City Manager
Development Services
APPROVED AS TO FORM:
/s/Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
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EXHIBIT "A"
NOTICE OF INTENT OF THE CITY COUNCIL
OF THE CITY OF LUBBOCK TO ENTER INTO AN
AGREEMENT TO ABATE TAXES ON REAL PROPERTY <
IMPROVEMENTS LOCATED AT 1419 BUDDY HOLLY AVENUE
WHICH IS FURTHER DESCRIBED AS LOTS 1-10, BLOCK 167 OF
ORIGINAL TOWN LUBBOCK, LUBBOCK COUNTY, TEXAS
Notice is hereby given that the City Council of the City of Lubbock
intends to enter into an Agreement with Vendlville, LLC to abate taxes on
improvements to real property located within the Lubbock 2000 South Enterprise
Zone created by Ordinance No. 2000-00032 and covering all of the subject
property.
Notice is further given that the City Council of the City of Lubbock will
consider authorizing the Mayor of the City to execute a contract between the City
and Vendlville, LLC for tax abatement, a draft copy of said Agreement is attached
to this notice as Exhibit "A-1" and made a part hereof for all purposes.
Notice is further given that the City Council will consider this matter at its
meeting held in the City Council Chamber, City Hall, 1625 13th Street, City of
Lubbock, on the 13th day of October, 2006, at approximately 9:30 o'clock a.m.
The City has received an application for commercial tax abatement from
Vendlville, LLC (Red Chair). They have purchased land located at 1419
Buddy Holly Avenue and formerly owned by Lubbock County. Vendleville
plans to renovate an existing building on the property, which is located in the
Lubbock 2000 South Enterprise Zone.
The project meets the Commercial Tax Abatement Policy and Guidelines
minimum investment of $100,000 in real property improvements for an
existing company. Total investment in the project will be approximately
$575,516. Six to eight new jobs will be created with the project. Red Chair is
an existing company and has a six to eight employees at the current location.
This location is within the boundaries of the Central Business District TIF, so
the agreement must also be approved by the CBD TIF Board. The CBD TIF
Board considered and approved the agreement with Vendlville at their
October 3, 2006, Board Meeting. The resolution approving the agreement is
provided.
In order to contract with a company for tax abatement, the municipality must
first deliver a notice of intent to enter into a tax abatement agreement to the
other taxing jurisdictions. This action fulfills that requirement.
Staff is recommending a five-year declining scale tax abatement.
FISCAL IMPACT
The estimated total amount of the City tax abatement will be S7,714 over five
years.
Staff recommends approval of this resolution.
Cheryl Brock, Business Research Specialist, gave comments and answered
questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO508 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.6. Budget Amendment Ordinance 1st Reading - Finance: Ordinance No.
2006-00109 amendment #1 amending the FY 2006-07 budget respecting
the General Fund, Grant Fund, and Capital Improvement Program.
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ORDINANCE NO.2006-00109
AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GENERAL FUND; (2) GRANT FUND; AND (3)
CAPITAL IMPROVEMENT PROGRAM;
1. Establish a new Capital Improvement Project entitled "Marsha Sharp
Freeway Phase 3B - Contribution" for the City's $25 million participation
in Phase 3B of the Marsha Sharp Freeway. This project will expedite the
completion of Phase 3B of the Marsha Sharp Freeway by providing
TxDOT the remaining funds needed to bid this phase of the project. The
City's contribution will be funded using Certificates of Obligation to be
repaid with franchise fees from the Gateway Fund. Without this
contribution, TxDOT anticipates that the Marsha Sharp Freeway will not
be completed until 2026. The City's contribution will allow the project to
be completed 12 years sooner than anticipated, and allow economic
development to accelerate, which in turn will lead to growth in the City's
tax base. An advance funding agreement with TxDOT will be brought to
the Council to solidify the details regarding this contribution at the first
council meeting in November.
2. Establish a new Capital Improvement Project within in the North Overton
TIF entitled "River Smith's Area Improvements" and transfer $55,095
from Capital Improvement Project 91065, "Wal-Mart" to the new project.
These funds will be used for landscaping in the parkway behind the River
Smith's Restaurant. A developer agreement will be provided to the City
Council at the second reading of the budget ordinance to solidify the
details regarding this project.
3. Authorize one additional FTE in the Health Department. A full time Pet
Adoption Clerk position will replace two part-time customer service
representatives at the Animal Shelter. The expense for this position was
included in the FY 2006-07 Operating Budget, but the authorized FTE was
not increased as a result.
— 4. Accept and appropriate a $503,454 grant through the Governor's Division
of Emergency Management Homeland Security Grant Program for the
purchase of EOC equipment, radio interoperability and other related
homeland security items.
FISCAL IMPACT
Included in Item Summary.
Staff recommends approval of the first reading of this ordinance.
Motion was made by Council Member Leonard, seconded by Mayor Pro Tern
Gilbreath to pass on first reading Ordinance No. 2006-00109 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
Discussion was had on Item 6.7 and addressed again following Item 6.11.
11:11 A.M. CITY COUNCIL RECESSED
11:25 A.M. CITY COUNCIL RECONVENED
Discussion was had on Items 6.8 — 6.11.
11:28 A.M. CITY COUNCIL RECESSED
11:32 A.M. CITY COUNCIL RECONVENED
Discussion was had on Items 6.8 — 6.11.
12:50 A.M. CITY COUNCIL RECESSED
1:03 P.M. CITY COUNCIL RECONVENED
6.8. Contract Resolution - Risk Management: Resolution No. 2006-RO509
authorizing the Mayor to approve purchase of transplant insurance
coverage from AIG.
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RESOLUTION NO.2006-RO509
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 purchase for and on behalf of the City of Lubbock, transplant insurance
coverage, by and between the City of Lubbock and AIG Insurance Company, with first
dollar coverage pursuant to the terms and conditions attached hereto as Exhibit "A,"
within the amount budgeted for said coverage, offering the same benefits as set forth in
Exhibit "A" hereto, and in a final form and substance acceptable to the City Manager and
City Attorney; and
THAT the City Manager or designee may execute any routine documents and
forms associated with said insurance coverage.
Passed by the City Council this 13th day of October, 2007.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Leisa Hutcheson
Leisa Hutcheson, Director of Risk Manager
APPROVED AS TO FORM:
/s/David M. Satterwhite
David M. Satterwhite, Assistant City Attorney
The City currently purchases transplant insurance coverage from AIG
Insurance Company with first dollar coverage.
The City solicited proposals for the health insurance program on August 22,
2006. AIG was the only proposal submitted for transplant insurance with an
anticipated premium of $173,305.80. The renewal quote was offered on the
same first dollar terms.
FISCAL IMPACT
The $173,305.80 is budgeted in the FY 2006-07 Health Benefits Fund.
Staff recommends approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO509 as recommended by staff. Motion
carried: 6 Ayes, 1 Nay. Council Member Leonard voted Nay.
6.9. Contract Resolution - Risk Management: Resolution No. 2006-RO510
authorizing the Mayor to approve the purchase of personal accident
insurance with AIG on a voluntary basis to employees.
RESOLUTION NO.2006-RO510
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 approve an offering for and on behalf of the City of Lubbock, personal
accident insurance on a voluntary basis to employees, by and between the City of
Lubbock and AIG Insurance Company, pursuant to the terms and conditions attached
hereto as Exhibit "A," within the amount budgeted for said coverage, offering the same
benefit as set forth in Exhibit "A" hereto, and in a final form and substance acceptable to
the City Manager and City Attorney.
THAT the City Manager or designee may execute any routine documents and
forms associated with said insurance coverage.
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Regular City Council Meeting
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Passed by the City Council this 13ffi day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Leisa Hutcheson
Leisa Hutcheson, Risk Manager
APPROVED AS TO FORM:
/s/David M. Satterwhite
David M. Satterwhite, Assistant City Attorney
The City currently offers to employees and their dependents personal accident
insurance with AIG Insurance at the employee rate of $0.03/$1000 payroll and
at the family rate of $0.04/$1000 payroll with a minimum coverage of
$25,000 and a maximum coverage of $100,000. Employees may obtain
coverage in increments of $25,000, not to exceed three times (3X) annual
salary.
The City received six (6) proposals. The proposers are AIG (Incumbent),
CIGNA, MetLife, Southwest Life and Health, and Standard Life Insurance.
Douglas Sanford of Sanford Insurance and Stan Self of Wachovia Insurance
Services, the City's consultants, reviewed the proposals and recommended
continuing coverage with AIG Insurance at lower rates and with increased
coverage.
AIG quote is for employee rate of $.025/$1000 payroll and at the family rate
of $.038/$1000 payroll with a minimum coverage of $25,000 and a maximum
coverage of $300,000. Coverage may be obtained in increments of $25,000,
not to exceed three times (3X) annual salary. These rates are guaranteed for 36
months and will become effective immediately.
FISCAL IMPACT
This is a voluntary employee benefit which is paid entirely by the employee.
Staff recommends approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0510 as recommended by staff. Motion
carried: 6 Ayes, 1 Nay. Council Member Leonard voted Nay.
6.10. Contract Resolution - Risk Management: Resolution No. 2006-RO511
authorizing the Mayor to execute a contract with Blue Cross Blue Shield
of Texas to provide medical administrative services (ASO); network
services; utilization review; medical case management; disease
management; dental administration; and Health Insurance Portability
and Accountability Act (HIPAA), Consolidated Omnibus Budget
Reconciliation Act (COBRA), and Flexible Spending Account (FSA)
administration, RFP-06-067.
RESOLUTION NO.2006-RO511
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 a contract by and between the City of Lubbock and Blue Cross Blue
Shield of Texas to provide medical administrative services (ASO), network services,
utilization review, medical case management, disease management, dental administration
and Health Insurance Portability and Accountability Act (HIPAA), Consolidated
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Regular City Council Meeting
October 13, 2006
Omnibus Budget Reconciliation Act (COBRA) and Flexible Spending Account (FSA)
administration, pursuant to the contract attached hereto as Exhibit "A".
THAT the City Manager or designee may execute any routine documents and
forms associated with said insurance coverage.
Passed by the City Council this 13`h day of October, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Leisa Hutcheson
Leisa Hutcheson, Risk Manager
APPROVED AS TO FORM:
/s/David M. Satterwhite
David M. Satterwhite, Assistant City Attorney
The City provides medical and dental coverage for all full-time City
employees. Employees have the option to purchase medical and dental
coverage for eligible dependents. Retired City employees are allowed to retain
medical and dental coverage for themselves and eligible dependents. The
current medical and dental coverage is administered by American
Administrative Group (AAG) as an ASO.
The City also offers two flexible spending accounts for all eligible employees.
The medical reimbursement account and dependent care accounts are
currently administered by AAG.
The City issued a Request for Proposal (RFP) for the health benefits program
and flex administration on August 22, 2006. The proposal requested pricing
for an ASO plan and any other alternatives that the proposer wanted to
recommend. The RFP also requested reinsurance coverage with an individual
claims cap of $175,000 annually.
Proposals were received from 11 companies. The respondents submitting a
package for the medical, dental, and flex administration were: American
Administrative Group (AAG), Blue Cross Blue Shield of Texas (BCBS),
CIGNA, Entrust, Fringe Benefit Management Company (FBMC), First Care,
and TML.
The City received three dental only proposals from Ameritas, Delta Dental,
and Met Life.
In addition, the City received one reinsurance only quote from High Mark
Life Insurance Company.
The City's health consultants, Douglas Sanford of Sanford Insurance and Stan
Self of Wachovia Insurance Services, reviewed the proposals and
recommended three finalists for the medical, dental, and flex administration;
one finalist for dental insurance only; and attaching the reinsurance only quote
to one of the three finalists above. The finalists were AAG/Canada Life,
BCBS/High Mark Life, and First Care/Companion Life.
On September 29, 2006, the finalists were asked to participate in a
teleconference with the consultants and City staff. The teleconference was to
answer any remaining questions from the consultants and staff.
After evaluating the responses to the RFP, Sanford Insurance and Wachovia
Insurance Services recommend BCBS as the best option for health benefits.
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Regular City Council Meeting
October 13, 2006
FISCAL IMPACT
The selection of BCBS will allow the City to maintain the current level of
coverage for the employees and their dependents, including dental coverage,
and the continuation of the clinic at the FY06 premium level for employees.
The cost to the City is as approved in the FY 2006-07 budget adopted by City
Council.
Staff recommends approval of this resolution.
Stan Self of Wachovia Insurance Services, consultant for the City of Lubbock,
made a presentation recommending Blue Cross/Blue Shield, and answered
questions from Council. City Manager Lee Ann Dumbauld, Assistant City
Manager Scott Snider, and City Attorney Anita Burgess gave comments and
answered questions from Council. The Mayor then gave the three finalists an
opportunity to present to Council and answer questions. Representatives for
the three finalists were Canon Allen with FirstCare; Neil Horn, Janet
Pennington, and Tony Hester with Blue Cross/Blue Shield; and Ted Parker,
Renee Grimes, and John Farnsley with American Administrative
Group/HealthSmart.
During the discussions on the City of Lubbock's Health Plan, several calls for
the question were made and seconded, including Council Member DeLeon,
seconded by Council Member Price, which the vote failed: 3 Ayes, 4 Nays
(Mayor Miller, Mayor Pro Tern Gilbreath, Council Members Leonard and
Boren voted Nay); Council Member Price, seconded by Council Member
DeLeon, which the vote failed: 3 Ayes, 4 Nays (Mayor Miller, Mayor Pro
Tern Gilbreath, Council Members Leonard and Boren voted Nay); and
Council Member Price, seconded by Council Member DeLeon, which the vote
passed: 7 Ayes, 0 Nays.
City Attorney Anita Burgess stated to Council that the award should be made
since the proposal had been opened and exposed to the other offerors, and that
the proper approach was to, in fact, go ahead and make the award. The best
and final offer had been had and it was time to make the award.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO511 as recommended by staff. Motion
carried: 6 Ayes, 1 Nay. Council Member Leonard voted Nay.
6.11. Contract Resolution - Risk Management: Resolution No. 2006-RO512
authorizing the Mayor to approve purchase of specific and aggregate stop
loss insurance coverage from High Mark Life Insurance Company for the
City's health program.
RESOLUTION NO.2006-RO512
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 purchase for and on behalf of the City of Lubbock, specific and aggregate stop
loss insurance coverage, by and between the City of Lubbock and High Mark Life
Insurance Company pursuant to the terms and conditions attached hereto as Exhibit "A"
within the amount budgeted for said coverage, offering the same benefits as set forth in
Exhibit "A" hereto, and in a final form and substance acceptable to the City Manager and
City Attorney, for the City's health benefits program; and
THAT the City Manager or designee may execute any routine documents and
forms associated with said insurance coverage.
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Regular City Council Meeting
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Passed by the City Council this 13th day of October, 2007.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Leisa Hutcheson
Leisa Hutcheson, Director of Risk Manager
APPROVED AS TO FORM:
/s/David M. Satterwhite
David M. Satterwhite, Assistant City Attorney
The City currently purchases specific and aggregate stop loss insurance with a
$175,000 specific stop loss limit and $18,845,757 aggregate stop loss limit.
The aggregate stop loss represents 120% of anticipated claims according to
High Mark Life Insurance Company estimates.
The City solicited proposals for stop loss insurance on August 22, 2006. All
but one stop loss policy was submitted in connection with the Third Party
Administrator (TPA). High Mark submitted a quote with a $175,000 specific
stop loss limit and $20,617,566 aggregate stop loss limit that anticipated AAG
as the continuing TPA and a quote with Blue Cross Blue Shield of Texas as
the TPA with a $175,000 specific stop loss limit and a $18,181,945 aggregate.
FISCAL IMPACT
$437,271 is budgeted in the FY 2006-07 Health Benefits Fund.
Staff recommends approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO512 as recommended by staff. Motion
carried: 6 Ayes, 1 Nay. Council Member Leonard voted Nay.
6.7. Board Appointments - City Secretary: Consider one appointment to the
Audit Committee, twelve appointments to the Model Codes &
Construction Advisory Board, and two appointments to the Reese
Redevelopment Authority Board of Directors.
Based on the Audit Committee's recommendation, consensus was to hold on
the appointment to the Audit Committee so that staff can come back with a
revision to the ordinance.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member DeLeon to appoint Joe McKay, Jimmy Pharr, Rudy Rushing, Bill
Malloy, Cyril Reasoner, Joe Rapier, Scott Fanning, Tim Conrad, Tom
Mandry, Chris Carpenter, Charlie Hamilton, and Art Cuevas to the Model
Codes & Construction Advisory Board. Motion carried: 6 Ayes, 0 Nays.
Council Member Price was away from the dais.
Consensus was to hold on the appointments to the Reese Redevelopment
Authority Board of Directors.
1:15 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
2:40 P.M. CITY COUNCIL RECONVENED
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Regular City Council Meeting
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7. WORK SESSION
7.1. Hotel/Motel Tax - Lubbock Economic Development Alliance:
Presentation on the attributes and benefits of a Visitors Center. Gary
Lawrence, CEO of Lubbock Economic Development Alliance (30
minutes)
This item was deleted.
7.2. Strategic Plan Wrap-up - Development Services: Discuss and prioritize
the draft goals and strategies for the City of Lubbock Strategic Plan. Jim
Bertram, Consultant
— Jim Bertram, Consultant, facilitated the discussion and prioritization by the
City Council of the goals and strategies reflected in the latest draft of the City
of Lubbock Strategic Plan. The latest draft takes into account all comments
from staff and from Council Members.
3:34 P. M. COUNCIL RECESSED
3:41 P. M. COUNCIL RECONVENED
Based on today's discussion, Mr. Bertram will come back at a later date with a
summary of the Council's final prioritization.
3:45 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
Read and approved this /94'day of , 2008.
Jim Gilbreath, Mayor Pro Tem
ATTEST:
�ZQ --< . f 27
Rebe ca Garza, City Secretary
347