HomeMy WebLinkAboutMinutes - City Council - Regular - 11/21/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 21st
day of November, 2006, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:31 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 Linda DeLeon, Council Member Phyllis Jones, Council
Member John Leonard, Council Member Floyd Price
Absent: Council Member Gary O. Boren
I. CITIZEN COMMENTS
There were two citizens to express comments to Council. They were:
• Randall Merriott addressed Council regarding Item 6.3 and the proposed
changes to the irrigation ordinance. His main concern was the language and
the interpretation of "significant" water run-off.
Mayor Miller was informed by City Attorney Anita Burgess that Item 6.3 could be
discussed during Citizens Comments.
At this time, motion was made by Mayor Pro Tem Gilbreath, seconded by
Council Member Price to discuss Item 6.3.
Discussion was had. Council Member Leonard elaborated on the Water
Commission's opinion. Tom Adams, Deputy City Manager/Water Utilities Director,
gave comments and answered questions from Council. Anita Burgess, City Attorney,
asked Council to table this item until after Executive Session.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Price,
to table Item 6.3 until regular session. Motion carried: 6 Ayes, 0 Nays.
• Mike Buxkemper, co-owner of Water Master Irrigation Supply, also
addressed Council regarding Item 6.3 on today's agenda. He was concerned
about the language and defining what "significant" water run-off means.
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; competitive matters of the public power utility, and
information from the records of an individual applicant for a benefit from the
City's self -funded health plan as provided by Subchapter D of Chapter 551 of
the Government Code, the Open Meetings Law."
7:47 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present, except Council Member Boren.
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,
Risk Management, 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 (Business Development, Parks and Recreation,
Visitors Center, Water Utilities).
Regular City Council Meeting
November 21, 2006
2.3. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074 (a)(1), to discuss personnel matters (City Attorney,
City Manager, City Secretary) and take appropriate action.
2.4. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
2.4.1 to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.4.2 to discuss, vote and take final action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light;
2.4.3 to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency.
2.5. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.0785, to discuss records or information from the
records of an individual applicant for a benefit from the City's
self -funded health plan (Risk Management).
9:38 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; 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: Council Member Gary O. Boren
Mayor Miller reconvened the meeting at 9:38 a.m.
3. PROCLAMATIONS AND PRESENTATIONS
Note: Items are listed in the order they were considered.
3.1. Invocation by Chaplain Tom World, Salvation Army.
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.
3.6. Board Recognition for newly appointed members of Model Codes &
Construction Advisory Board:
Chris Carpenter
Timothy Conrad
Art Cuevas — unable to attend
Scott Fanning — unable to attend
Bill Maloy — unable to attend
Tom Mandry — unable to attend
Joe McKay
George McMahan
Jimmy Pharr
Joseph Rapier
Cyril Reasoner
Rudi Rushing — unable to attend
3.3. Mayor David Miller and representatives from Southwest Airlines will
award plane tickets to the winners of the "Home for the Holidays"
contest.
Mayor Miller invited John Beplay from Southwest Airlines to join him and
present plane tickets to Fern Berger and Jose Zapata, winners of the "Home
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for the Holidays" contest. Ms. Berger and Mr. Zapata thanked the Mayor and
Southwest Airlines.
3.4. Special recognition celebrating "Be a Santa to a Senior Season" through
the 2006 holidays.
Tracy Baugh joined Mayor Miller while he presented special recognition to
celebrate `Be a Santa to a Senior" season through the 2006 holidays. Home
Instead Senior Care and other outreach programs have a shared belief that our
senior adults should not be alone or forgotten during the holidays. Home
Instead Senior Care also partners with these groups in a combined effort each
year for a community service project entitled, `Be a Santa to a Senior".
Mayor Miller encouraged all citizens to join in this opportunity to make the
holidays joyful for seniors.
3.5. Proclamation declaring Thanksgiving Day, November 23, 2006, as
"Lights on for Our Troops" Day.
Mayor Miller read a proclamation that declared Thanksgiving Day, November
23, 2006, as "Lights on for Our Troops" Day. He asked all citizens to join in
showing support by shining their porch light from 5:30 p.m. on November 22,
2006 through 7:00 a.m. on November 24, 2006.
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
October 26, 2006
Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem.
Gilbreath to approve the minutes of the Regular City Council Meeting of
October 26, 2006 as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
5. CONSENT AGENDA (Items 5.1-5.3.5.5-5.7.5.9-5.15.5.17-5.20)
Motion was made by Council Member Leonard, seconded by Council Member Price
to approve Items (5.1-5.3, 5.5-5.7, 5.9-5.15, 5.17-5.20) on consent agenda as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
5.1. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No.
2006-00116 Consider an ordinance abandoning and closing a portion of
a 20-foot underground utility and garbage service easement located at
6305 82nd Street and further described as Section 28, Block AK,
Lubbock County, Texas.
ORDINANCE NO.2006-00116
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A
20-FOOT UNDERGROUND UTILITY AND GARBAGE SERVICE EASEMENT
LOCATED IN SECTION 28, BLOCK AK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
ITEM SUMMARY
This ordinance, passed on first reading at the City Council meeting held on
November 9, 2006, abandons and closes a portion of a 20-foot underground
utility and garbage service easement in Section 28, Block AK. The easement
is located on the south side of 82nd Street just south and east of Betenbough's
office. This easement was dedicated with the Betenbough Addition II Tract A
plat and is no longer needed. All utility companies are in agreement with this
closure.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of the second reading of this ordinance.
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5.2. Public Improvement District Assessment Ordinance 2nd Reading
- Business Development: Ordinance No. 2006-00117 Consider an
ordinance reviewing the service plan and the classifications for the
methods of assessing special benefits for the services and improvements of
property in the North Overton Public Improvement District; approving,
adopting, and filing with the City Secretary the Assessment Roll; and
closing the hearing and levying assessments based on the Service Plan for
the cost of certain services and/or improvements to be provided in the
District during 2007.
ORDINANCE NO. 2006-00117
AN ORDINANCE REVIEWING CLASSIFICATIONS FOR THE METHODS
OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND
IMPROVEMENTS OF PROPERTY IN THE NORTH OVERTON PUBLIC
IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND
FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; CLOSING THE
HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT
DURING 2007; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN
THE DISTRICT AND AGAINST THE OWNERS THEREOF; AND PROVIDING FOR
THE COLLECTION OF THE ASSESSMENT.
Each year the City of Lubbock is required to review classifications for the
methods of assessing; approve, adopt and file the assessment roll with the City
Secretary; and levy the assessment for the North Overton Public Improvement
District (PID).
A Public Hearing, which allowed property owners in the District to speak in
favor of or in opposition to the assessment rate pursuant to Chapter 372 of the
Texas Local Government Code, was held on November 9, 2006. The proposed
assessment rate for 2007 is $0.15 per $100 of valuation through year 2010,
decreasing to $0.10 per $100 of valuation in 2011. All property zoned
commercial and high -density residential under the City of Lubbock Zoning
Ordinance will be assessed for 2007. All single-family and duplex -zoned
property will be assessed on a block -by -block basis as public improvements to
be maintained by PID funds are completed. Staff is anticipating assessments
on single-family and duplex -zoned properties in 2007. The Service Plan is
provided.
From 2005 to 2006, the number of property owners in the Public
Improvement District increased from 19 to 40 and the total assessed value of
these properties increased from $107.5 million to $145 million.
FISCAL IMPACT
The revenue will be placed in a separate North Overton Public Improvement
District (PID) Fund. The funds raised by the assessment will be used to
provide security service, landscape maintenance, street and pedestrian lighting
and maintenance on projects in the District, as well as cover a portion of the
costs of administering the PID. The estimated revenue from the assessment for
FY 2006-07 is $213,188.
Staff recommended approval of the second reading of this ordinance.
5.3. Public Improvement District Assessment Ordinance 2nd Reading
- Business Development: Ordinance No. 2006-00118 Consider an
ordinance reviewing the service plan and the assessment plan for special
benefits for the services and improvements of property in the North Point
Public Improvement District; approving, adopting, and filing with the -
City Secretary the Assessment Roll; and closing the hearing and levying
assessments based on the Revised Service Plan for the cost of certain
services and/or improvements to be provided in the District during 2007.
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ORDINANCE NO.2006-00118
AN ORDINANCE REVIEWING CLASSIFICATIONS FOR THE METHODS
OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND
IMPROVEMENTS OF PROPERTY IN THE NORTH POINT PUBLIC
IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND
FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; CLOSING THE
HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT
DURING 2007; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN
THE DISTRICT AND AGAINST THE OWNERS THEREOF; AND PROVIDING FOR
THE COLLECTION OF THE ASSESSMENT.
The City is required each year to review classifications for the methods of
assessing; approve, adopt and file the assessment roll with the City Secretary;
and levy the assessment for the North Point Public Improvement District.
A public hearing was held on November 9, 2006, to allow property owners in
the District to speak in favor of or in opposition to the assessment rate
pursuant to Chapter 372 of the Texas Local Government Code. The proposed
amendment to the Service Plan includes the addition of the electric cost of
lighting at the neighborhood entrances. This addition will not change the
assessment rate. The proposed assessment rate for 2007 is $0.14 per $100 of
assessed value through year 2010, decreasing to $0.04 per $100 of assessed
value in 2011. All property will be assessed for 2007.
From 2005 to 2006, the number of property owners increased from 113 to 189
and the total assessed value for these properties increased from $10 million to
$27.1 million.
FISCAL IMPACT
The revenues will go into a separate North Point Public Improvement District
(PID) Fund. The funds raised by the assessment in the District will be used to
provide maintenance on the commons areas on North Slide Road and adjacent
right-of-way, creating and maintaining a green space located under a utility
easement, and enhancing and maintaining amenities in the entry stations on
North Slide, as well as a portion of the costs of administering the PID. The
total estimated revenue for FY 2006-07 is $37,188.
Staff recommended approval of the second reading of this ordinance.
5.4. This item was moved from consent agenda to regular agenda and
considered following Item 5.20.
5.5. Interlocal Agreement Resolution - Emergency Management: Resolution
No. 2006-RO552 authorizing the Mayor to execute an interlocal
agreement with the Lubbock Chapter of the American Red Cross to
provide disaster relief services.
RESOLUTION NO. 2006-RO552
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 an Agreement by and between the City of
Lubbock and the American Red Cross for sheltering of persons affected by disasters
as a Shelter Hub, which Agreement and any associated documents, are attached
hereto and made a part of this Resolution for all intents and purposes.
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Passed by the City Council this 21st day of November, 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/Don Vandiver
Don Vandiver, Attorney of Counsel
The Red Cross is an identified resource and valued partner in maximizing the
community's response in feeding, sheltering and meeting the emergency
needs of those affected by disaster. The City's responsibility is to protect the
public health, safety and welfare of its citizens. Should Lubbock require mass
care sheltering for citizens affected by a disaster or if Lubbock is activated as
a hurricane shelter hub by the state, the City will maintain administrative
control of the facilities utilized and the services provided. The City assumes
responsibility for planning, organizing, directing and controlling every aspect
of the shelter and the relief services provided. Should such emergencies arise,
the Red Cross will furnish services as an independent contractor. These
services include basic level disaster services training, blankets, cots, comfort
kits, meals and other related supplies for use in the operations of the shelter.
This agreement pertains to mass care sheltering utilizing large facilities for
evacuees numbering in the hundreds. Under this agreement, the City
maintains administrative control and the Red Cross provides support for
shelter management and operations.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution.
5.6. Transfer of Surplus Property Resolution - Purchasing and Contract
Management: Resolution No. 2006-RO553 authorizing the transfer of
surplus computer hardware to Goodwill Industries of Lubbock.
RESOLUTION NO.2006-RO553
WHEREAS, the City Council of the City of Lubbock, upon finding a public
purpose and benefit to the citizens of Lubbock, may authorize the transfer of certain City -
owned surplus and salvage property at no cost; and
WHEREAS, the City of Lubbock owns certain surplus property it wishes to
transfer (herein called the "Surplus Property") at no cost; and
WHEREAS, the City Council finds that the services provided by Goodwill
Industries of Lubbock, Inc. (herein called the "Transferee"), a Texas Non-profit
Corporation, provide a significant public benefit to the citizens of the City of Lubbock;
and
WHEREAS, the City Council finds that the transfer of the Surplus Property to the
Transferee at no cost provides a public benefit and further the health, safety, and welfare
of the citizens of the City of Lubbock:
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby transfer the Surplus
Property as listed in Exhibit "A", to the Transferee at no cost to the Transferee. Said
Exhibit "A" 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 21 st day of November, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Marta Alvarez
Marta Alvarez, Purchasing Manager
APPROVED AS TO FORM:
/s/Amy L. Sims
Amy L. Sims
Assistant City Attorney
The Purchasing and Contract Management Department is responsible for the
disposition of all City -owned surplus and salvage property. City Council may
authorize the transfer of such property to other governmental agencies and to
charitable and civic organizations located in the City, provided that the
property is used to perform a function for the benefit of Lubbock residents.
This item involves the transfer of surplus computer hardware to Goodwill
Industries of Lubbock as these surplus items become available. Goodwill
Industries will reassemble the surplus computer components at their 715 28th
Street facility to provide Lubbock citizens with disabilities the opportunity to
obtain their General Education Development degree and to gain computer
skills. The computer hardware and components will also help provide
Lubbock senior citizens with basic computer skills classes and Lubbock
citizens released from correctional facilities with training on reassembling
computer components.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
5.7. Transfer of Surplus Property Resolution - Purchasing and Contract
Management: Resolution No. 2006-RO554 authorizing the transfer of
surplus furniture to the Women's Protective Services of Lubbock.
RESOLUTION NO. 2006-RO554
WHEREAS, the City Council of the City of Lubbock, upon finding a public
purpose and benefit to the citizens of Lubbock, may authorize the transfer of certain
City- owned surplus and salvage property at no cost; and
WHEREAS, the City of Lubbock owns certain surplus property it wishes to
transfer (herein called the "Surplus Property") at no cost; and
WHEREAS, the City Council finds that the services provided by Women's
Protective Services of Lubbock, Inc. (herein called the "Transferee"), a Texas Non-
profit Corporation, provide a significant public benefit to the citizens of the City of
Lubbock; and
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WHEREAS, the City Council finds that the transfer of the Surplus Property to
the Transferee at no cost provides a public benefit and further the health, safety, and
welfare of the citizens of the City of Lubbock:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby transfer the Surplus
Property as listed in Exhibit "A", to the Transferee at no cost to the Transferee. Said
Exhibit "A" 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 21st day of November, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Marta Alvarez
Marta Alvarez, Purchasing Manager
APPROVED AS TO FORM:
/s/Amy L. Sims
Amy L. Sims
Assistant City Attorney
The Purchasing and Contract Management Department is responsible for the
disposition of all City -owned surplus and salvage property. City Council may
authorize the transfer of such property to other governmental agencies and to
charitable and civic organizations located in the City, provided that the
property is used to perform a function for the benefit of Lubbock residents.
This item involves the transfer of surplus furniture used by the evacuees of
Hurricane Katrina to the Women's Protective Services of Lubbock. Women's
Protective Services will use this furniture to replace damaged and broken
furniture in Lubbock shelters for battered women and children. The Federal
Emergency Management Agency has reimbursed the City for the cost of the
furniture.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
5.8. Employee Benefit Plan Changes Resolution - Health Benefits: Consider a
resolution authorizing the Mayor to execute an Employee Benefit Plan
with Blue Cross Blue Shield of Texas, for changes to the employee benefit
plan, and related documents.
This item was deleted.
5.9. Utility and Access Agreement Resolution - Right -of -Way: Resolution No.
2006-R0555 authorizing the Mayor to execute a utility and access
agreement for 5710 58th Street between Larry K. Hay, Dennis R. Brink,
Diana J. Brink and Lubbock Power & Light.
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RESOLUTION NO.2206-RO555
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 Utility and Access
Agreement, by and between the City of Lubbock and Larry K. Hay, Dennis R. Brink and
wife, Diana J. Brink. Larry K. Hay being the certain owner of properties being described
as Lots 7 and 23, Westac Addition and Dennis R. Brink and wife, Diana J. Brink being
the certain owners of properties described as Lots 10 and 11, Westac Addition, and all
related documents. Said Agreement is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 21S' day of November, 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/Matthew L. Wade
Matthew L. Wade, Natural Resources Attorney
Larry K. Hay, owner of Wild West Harley Davidson located at 5702 58th
Street (Lot 7 Westac Addition), has a 6-foot by 6-foot switching enclosure
easement utilized by Lubbock Power and Light and located in the northwest
corner of said lot. Mr. Hay is also the owner of Lot 23 Westac Addition to the
north of the easement and plans to make improvements to this property. Mr.
Hay's improvements will prohibit access to the switching enclosure. In order
for Lubbock Power and Light to service the switching enclosure easement, a
new utility and access agreement between Dennis R. and Diana J. Brink and
the City is needed. Dennis R. and Diana J. Brink own the property to the west
and north (Lot 10 & 11-A Westac Addition) of the switching enclosure
easement. This utility and access agreement allows Lubbock Power and Light
to enter the Brink property to service the switching enclosure easement
located on Lot 7, Westac Addition. Travis Turner with Lubbock Power and
Light and Matt Wade with the legal department are in agreement with this
utility and access agreement.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution.
5.10. Tax Abatement Notice of Intent Resolution - Business Development:
Resolution No. 2006-RO556 giving Notice of Intent to enter into a tax
abatement agreement with SemMaterials, LP to expand their existing
facility at 1611 Marshall Street.
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RESOLUTION NO.2006-RO556
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with SemMaterials, LP.; 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 SemMaterials, LP., said —
notice to be given to the presiding officers of each governing body of each taxing unit
having jurisdiction in assessing taxes on the properties which are described in Exhibit
"A-1 ".
Passed by the City Council this 21 st day of November, 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/Don Vandiver
Don Vandiver, Attorney of Counsel
The City of Lubbock has received an application for industrial tax abatement
from SemMaterials, LP. This business has an existing facility at 1611
Marshall Street and has bought two additional parcels of land adjacent to the
existing property to enable them to expand their facility. One of the adjacent
parcels was recently purchased from the City, which puts it back on the tax
roll. The site is located in the Lubbock 2000 North Enterprise Zone.
The project meets the Industrial Tax Abatement Policy and Guidelines
minimum investment of $500,000 in real property improvements for an
existing company. Total investment in the project will be approximately $3.6
million in real property improvements and $8.8 million in machinery and
equipment. Fifteen new jobs will be created with this expansion.
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 recommended a five-year declining scale tax abatement.
FISCAL IMPACT
Over the five year period, the estimated loss of revenue to the City through
this tax abatement will be $172,753.
Staff recommended approval of this resolution.
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5.11. Industrial Tax Abatement Agreement Amendment Resolution - Business
Development: Resolution No. 2006-RO557 authorizing the Mayor to
execute an amendment to the property description in an industrial tax
abatement agreement with BeMove, Ltd. and Module Truck Systems,
Inc.
RESOLUTION NO. 2006-R0557
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an Amendment
to the Tax Abatement Agreement with BeMove, Ltd. and Module Truck
Systems, Inc. and all related documents. Said Amendment is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 21st day of November, 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
An amendment is required to the property description in the BeMove, LTD
and Module Truck Systems (MTS) tax abatement agreement because a portion
of the land that was included in the MTS agreement has been sold to Teinert
Metals, Inc. to build their new structure. MTS has agreed to the amendment.
An amendment to an existing tax abatement agreement requires the City to
follow the same procedure that was used in the execution of the original
contract. The City Council approved the Notice of Intent at their City Council
meeting held on November 9, 2006.
FISCAL IMPACT
The amendment of the legal description in this tax abatement contract will not
change the fiscal impact.
Staff recommended approval of this resolution.
5.12. Industrial Tax Abatement Agreement Amendment Resolution - Business
Development: Resolution No. 2006-RO558 authorizing the Mayor to
execute an amendment to the property description in an industrial tax
abatement agreement with BeMove, Ltd. and Vertical Turbine
Specialists.
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RESOLUTION NO. 2006-RO558
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an Amendment
to the Tax Abatement Agreement with BeMove, Ltd. and Vertical Turbine
Specialists, Inc. and all related documents. Said Amendment is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 215` day of November, 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
An amendment is required to the property description in BeMove, Ltd. and
Vertical Turbine Specialists (VTS) tax abatement agreement because a portion
of the land that was included in the VTS agreement has been sold to Teinert
Metals, Inc. to build their new structure. VTS has agreed to the amendment.
An amendment to an existing tax abatement agreement requires the City to
follow the same procedure that was used in the execution of the original
contract. The City Council approved the Notice of Intent at their City Council
meeting held on November 9, 2006.
FISCAL IMPACT
The amendment of the legal description in this tax abatement contract will not
change the fiscal impact.
Staff recommended approval of this resolution.
5.13. Industrial Tax Abatement Agreement Resolution - Business
Development: Resolution No. 2006-RO559 authorizing the Mayor to
execute an industrial tax abatement agreement with Teinert Metals, Inc.
for the construction of a new facility, in the Lubbock 2000 South
Enterprise Zone.
i.i
Regular City Council Meeting
November 21, 2006
RESOLUTION NO. 2006-RO559
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 Tax
Abatement Agreement with Teinert Metals, Inc. and all related documents.
Said Agreement is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 21st day of November, 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
The City of Lubbock has received an application for industrial tax abatement
from Teinert Metals, Inc. Teinert Metals has purchased a portion of the land
located on the west and south side of the former Eagle Picher property from
BeMove, Ltd. to construct a new facility. The site is located in the Lubbock
2000 South Enterprise Zone.
The project meets the Industrial Tax Abatement Policy and Guidelines
minimum investment for an existing company of $500,000 in real property
improvements. Total investment in the project will be approximately $1.6
million ($100,000 in new personal property and $1.5 million in real property
improvements). No new jobs will be created with the project.
Teinert Metals, Inc. is an existing company with 16 employees at their plant
located in the former Eagle Picher facility.
An amendment will be required to the property description in both the
Vertical Turbine Specialists and Module Truck Systems tax abatement
agreements because all of the property owned by BeMove, Ltd., including the
land with no structures, was included in their agreements. Both companies
have agreed to the amendments. The contract amendment for these companies
is also on this agenda.
The City Council approved the Notice of Intent on the November 9, 2006 City
Council meeting. Staff is recommending a five-year declining scale tax
abatement.
FISCAL IMPACT
Over the five year period, the estimated loss of revenue to the City through
this tax abatement will be $22,176.
Staff recommended approval of this resolution.
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5.14. Contract Resolution - Traffic: Resolution No. 2006-RO560 authorizing
the Mayor to execute an interlocal agreement with the Texas Department
of Transportation for a fiber network interconnection to share fiber optic
networks.
RESOLUTION NO. 2006-RO560
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Fiber Network Interconnection
Agreement with the Texas Department of Transportation for shared use of fiber optic
networks within the City of Lubbock, a copy of which Agreement and any associated
documents are attached hereto and which shall be spread upon the minutes of this
Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this 21st day of November, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Jeryl D. Hart, Jr.
Jeryl D. Hart, Jr., PE, Traffic Engineer
APPROVED AS TO FORM:
/s/Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A fiber optic network (FON) interconnection is necessary for the Freeway
Traffic Management System currently under design by Texas Department of
Transportation (TxDOT). The Freeway Traffic Management System is
partially funded by the City under existing capital project 90379, Signal
System Communications Phase 1-ITS. This agreement will allow TxDOT to
use the City's existing FON along South Loop 289 and West Loop 289, and
continuing back to Traffic Management Center in Municipal Square. This
agreement will also allow the City to use TxDOT's FON that will be
constructed in conjunction with the Marsha Sharp Freeway and expansion of
the West Loop from Slide Road to North Quaker Avenue.
When complete, the FON system will provide better signal timing, improved
safety along these routes, improved emergency response, and improved traffic
management for special events. The system will give the Police Department
and Fire Department access to the new traffic management cameras that will
be installed on South and West Loop 289 as well as on the Marsha Sharp
Freeway. This access will improve the quality and timeliness of incident
responses. It will also extend FON to most of the LP&L substations not
currently served by FON communications.
This agreement has been approved by the LP&L Board at its meeting held on
November 14, 2006.
FISCAL IMPACT
Through this partnership, the City and TxDOT will save an estimated $1
million.
Staff recommended approval of this resolution.
CZEl!
Regular City Council Meeting
November 21, 2006
5.15. Contract Resolution - Finance: Resolution No. 2006-RO561 authorizing
the Mayor to execute a contract with Collectech Diversified for financial
collection services, RFP 06-059-MA.
RESOLUTION NO. 2006-RO561
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 (#7120) by and between the
City of Lubbock and Collectech Diversified, Inc., of Lubbock, Texas, for financial
collection services, 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 21" day of November, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Pamela Moon
Pamela Moon, Accounting
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
This contract provides for a collection agency to collect funds for checks that
have been returned because of non -sufficient funds from individuals and to
collect funds from companies with overdue accounts. Departments served by
this agency include Paving, Civic Center/Auditorium-Coliseum, Accounting,
Water Utilities, Community Development, and Lubbock Power & Light.
At the November 14, 2006 LP&L board meeting, the board approved
Collectech Diversified as the collection service for the utilities billing office.
The following companies submitted proposals in response to the Request for
Proposals (RFP) and were ranked as follows:
Collectech Diversified, Inc. of Lubbock, TX 1240
Credit Systems International of Forth Worth, TX 770
National Recovery Agency of Harrisburg, PA 640
American Municipal Services of Carrollton, TX 400
Five local businesses were notified of the RFP.
FISCAL IMPACT
Collectech Diversified proposes an account collection fee based on a
percentage of revenue recovered as follows:
Lubbock Power & Light - 23 percent. LP&L has a current volume of
approximately 520 overdue accounts per month with an average of $185 per
account. The recovery rate for electric utility accounts is much lower, making
recovery more difficult.
Water and Sewer - 10 percent. The current volume is approximately 120
overdue accounts per month with an average of $383 per account.
Civic Center/Auditorium/Coliseum - 10 percent. The collection of accounts is
mainly for overdue rent accounts.
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Regular City Council Meeting
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Community Development - 10 percent. Home Improvement and Mortgage
Loans rate for collection services on overdue accounts owed to Urban
Renewal Agency or Lubbock Housing Finance Corporation and City of
Lubbock will be 10 percent. The current volume consists of 90 delinquent
loans per month with an average of $100 per account.
Paving - 9 percent. The current volume is approximately 500 accounts
averaging $600 per account. These types of collections are more of a billing
service and require less effort.
The rate for collecting on checks with insufficient funds will be $20 per check
and the City imposes a $30 service charge per check.
Staff recommended contract award to Collectech Diversified of Lubbock,
Texas.
5.16. This item was moved from consent agenda to regular agenda and
considered following Item 5.21.
5.17. Contract Resolution - Parks and Recreation: Resolution No. 2006-RO562
authorizing the Mayor to execute a contract with the South Plains
Association of Governments for a pass -through grant from the Texas
Department on Aging and Disability Services to provide hot meals,
transportation, and recreational and social activities for Lubbock senior
citizens.
RESOLUTION NO. 2006-RO562
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract with the South
Plains Association of Governments (SPAG) for pass through funds from the Texas
Department of Aging and Disability Services and any associated documents, a copy of
which Contract is attached hereto and which shall be spread upon the minutes of this
Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this 21st day of November, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Randy Truesdell
Randy Truesdell, Community Services Director
APPROVED AS TO FORM:
/s/Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
The City has contracted with the South Plains Association of Governments
(SPAG) for the past 27 years to provide services for the senior citizen
population. SPAG serves as the pass through agency for federal funds from
the Texas Department on Aging and Disability Services (TDADS). The
Senior Program provides hot meals, transportation, and recreational and social
activities for citizens 60 years of age or older. Meals are supplied by
ARAMARK Educational Services, Inc. under the current meal service
contract. The FY 2006-07 agreement with SPAG provides reimbursement for
meals and transportation.
Regular City Council Meeting
November 21, 2006
Staff anticipates serving approximately 46,994 meals and providing
approximately 7,410 units of transportation. The reimbursement rates from
SPAG are as follows:
Congregate Meals - approximately 23,402 eligible units at $5.01 per unit for a
total of $117,244.
Transportation — 2,202 eligible units at $4.72 for a total of $10,393.
The total revenue to the City of Lubbock from the SPAG contract is:
Congregate Meals $117,244
Transportation 10,393
Total $127,637
Monetary donations are accepted from individuals who use meal and
transportation services. The recommended donation is two dollars per meal
for those 60 years of age and over. Those under the age of 60 are required to
pay $4 per meal. The recommended donation for transportation is $1 per trip.
FISCAL IMPACT
This contract will provide $127,637 for senior citizen meal service,
transportation and administration costs. The required match, $12,612, will be
through the in -kind contribution of personnel.
Staff recommended approval of this resolution.
5.18. Contract Resolution - Animal Services: Resolution No. 2006-RO563
authorizing the Mayor to execute a contract with Multiple Option, Inc.
for animal services software, RFP 06-052-RW.
RESOLUTION NO. 2006-RO563
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 Multiple Options, Inc., for Animal Shelter Management Software,
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 21st day of November, 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,
Assistant City Manager/Chief Information Officer
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
Grant dollars have been identified from the Metropolitan Medical Response
System (MMRS) disaster management contract to update laptop computers
and software for Lubbock Animal Services (LAS). This funding enables the
City to modernize animal services software to enhance field and animal
shelter operations. The current software is Petwhere and was donated to the
City. The Information Technology staff has managed to keep the system
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Regular City Council Meeting
November 21, 2006
operational as Petwhere's technical support has not existed for many years.
Animal Services does not recommend converting the existing database, but
would like it to remain operational for a few years as a stand alone unit for
historical information.
In March 2006, Animal Services created a software user workgroup to help
identify current and future software needs for LAS. The recommendations of
that committee were used to develop a Request for Proposal (RFP).
The City received six responses to the RFP:
Citizen Centric Solutions
Ft. Worth, Texas 761161
Shelter Buddy
Australia
www.shelterbuddy.com
Multiple Options, Inc.
Providence, RI. 02940-9507
Honolulu, HI. 96823-3518
www.multiop.com
Island Business Group
Center Moriches, NY 11934
www.islandbusinessgroup.com
info(jslandbusinessgroup. com
HLP, Inc.
Chameleon Software Products
Huntington Beach, CA 92649
www.petharbor.com
salesgchamel eonbeach. com
Visibility Corporation
Wilmington, MA. 01887
http://services.visibility.com
A demonstration of Multi Options Inc. was arranged after the initial scoring.
The User Group agreed that Multi Options satisfied the criteria and
requirements of LAS. Staff recommended awarding this contract to Multi
Options Inc. at $38,949.
FISCAL IMPACT
The cost of the software is $38,949 and annual maintenance costs are $3,689
beginning in FY 2007-08.
The funding for this software is provided through the Metropolitan Medical
Response System Grant through the Department of Homeland Security, which
is administered by the Governor's Division of Emergency Management.
Staff recommended contract award to Multiple Options, Inc. of Providence,
Rhode Island for $38,949.
5.19. Contract Resolution - Aviation: Resolution No. 2006-R0564 authorizing
the Mayor to execute a purchase order contract with Stewart &
Stevenson for a 150 kW generator and associated transfer switch for
Lubbock Preston Smith International Airport.
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Regular City Council Meeting
November 21, 2006
RESOLUTION NO. 2006-R0564
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Purchase Order Contract and any associated documents with Stewart &
Stevenson of Lubbock, Texas, for the purchase of a Generac QT150A generator with
transfer switch, which Purchase Order Contract and any associated documents are
attached hereto as Exhibit A and made a part hereof for all intents and purposes.
Passed by the City Council this 21 st day of November, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/James Loomis
James Loomis, Assistant City Manager
Transportation and Public Works
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
The emergency purchase of a new emergency generator in the airport
passenger terminal building is necessary because the existing unit has failed.
The new generator will be a natural gas fired 150 kW generator and associated
transfer switch.
Emergency generators are necessary to support the 24/7 operation of the
terminal during periods of commercial power interruption. Indications during
a routine airport maintenance check, noted that the existing generator had
suffered internal dainage. These indicators were later confirmed by service
technicians. Because the generator had reached its useful life and repair parts
are becoming difficult to locate, repair of the unit was not considered a viable
option.
Three quotes were obtained for this purchase:
Waukesha -Pearce Ind., Odessa TX $25,778
Stewart & Stevenson, Lubbock TX 26,108
Warren Caterpillar, Lubbock TX 32,075
Waukesha -Pearce Ind. (WPI) provided the low quote, but their service
technicians are based out of Odessa, and WPI charges the City per diem for
service work. The next lowest quote is from Stewart & Stevenson, whose
service personnel are based in Lubbock. Stewart & Stevenson can provide the
type of quick response needed for a critical piece of emergency equipment and
their delivery time is also very favorable. Staff recommendation is for the
purchase of the 150 kW generator and transfer switch from Stewart &
Stevenson.
FISCAL IMPACT
Airport operating account funds will pay for this project. A total of $142,118
has been appropriated in account 4615.8221, from which this purchase will be
funded.
Staff recommended purchase order contract to Stewart & Stevenson of
Lubbock, Texas for $26,108.
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Regular City Council Meeting
November 21, 2006
5.20. Contract Resolution - Water Utilities: Resolution No. 2006-RO565
authorizing the Mayor to execute contract with A-1 American Fence for
the construction of 19,091 feet of barbed wire fence at Lake Alan Henry,
RFP 06-713-DD.
RESOLUTION NO. 2006-RO565
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 A-1 American Fence of Orange, Texas, for construction of fence and
gates at Lake Alan Henry (RFP #06-713-DD), 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 21st day of November, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Wood Franklin
Wood Franklin,
Chief Engineer, Water Utilities
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
This project involves the construction of 19,091 feet of five -strand barbed
wire fence at the Wildlife Mitigation Area at Lake Alan Henry (LAH). The
proposed fence will help divide the Wildlife Mitigation Area into manageable
grazing areas. Grassland maintenance within the Wildlife Mitigation Area is a
requirement of the permit for the construction of Lake Alan Henry. This
project will create two of the five proposed grazing areas. The alternate to
grazing is burning the grass, which staff does not recommend.
Texas Local Government Code Section 252.043(d-1) provides that a contract
for certain types of construction projects that require an expenditure of $ 1.5
million or less may be awarded using the competitive sealed proposal
procedure prescribed by Section 271.116 of the Texas Local Government
Code. Using the competitive sealed proposal procedure is intended to help
local governments attract contractors who otherwise may have not had an
interest in participating on the basis of low bid and gives the City the ability to
bring the project within budget with the contractor who offers the best value.
This is compared to a competitive sealed bid procedure that limits the City to
basing contract award on the lowest bid, which may be over budget requiring
staff to either search for additional funds or start the bid process all over.
Selection criteria used in this RFP includes proposed contract amount (50%),
resume and references (15%), list of potential items that could reduce the cost
of work (5%), insurance claims and litigation history (5%), proposed
construction time (10%), list of subcontractors (10%), and construction
phasing options which may shorten construction time without increasing
proposed contract amount (5%). The following general contractors submitted
proposals and were evaluated using and ranked in relation to the published
selection criteria:
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Regular City Council Meeting
November 21, 2006
A-1 American Fence, of Orange, Texas proposed a project cost of $279,131
with time for completion of 60 days and scored 96 points.
Basic Industries of Midland, Texas proposed a project cost of $635,536 with
time for completion of 115 days and scored 60 points.
Commercial Fence Company of Pasadena, Texas proposed a project cost of
$338,771 with time for completion of 120 days and scored 54 points.
Texas Local Government Code Section 271.116(f) requires the City to select
the offeror that offers the best value based on the published selection criteria
and on its ranking evaluation. In determining the best value, the City is not
restricted to considering price alone, but may consider any other factor stated
in the selection criteria. The City and its engineer or architect may discuss
with the selected offeror options for a scope or time modification and any
price change associated with the modification. If the City is unable to
negotiate a contract with the selected offeror, the City must, formally and in
writing, end negotiations with that offeror and proceed to the next offeror in
the order of the selection ranking until a contract is reached or all proposals
are rejected.
Discussions with A-1 American Fence included recommended modifications
to the scope of work and cost savings associated with those modifications.
The length of fence was reduced from 35,233 feet 19,091 feet, the quantity of
cattle guards was reduced from 8 to 2, and the number of gates was reduced
from 13 to 5. Consequently, the proposed project cost was reduced from
$279,131 to $135,147.
The Lubbock Water Advisory Commission approved the recommendation of
this item at their meeting on November 8, 2006.
FISCAL IMPACT
Capital Improvement Project 90276, Lake Alan Henry Fencing had a total
appropriation of $161,000. $135,183 is available for this contract.
Staff recommended contract award to A-1 American Fence of Orange, Texas
for $135,147.
5.21. This item was moved from consent agenda to regular agenda and
considered following Item 5.4.
5.22. This item was moved from consent agenda to regular agenda and
considered following Item 6.5 (Summary Item 1-2).
5.23. This item was moved from consent agenda to regular agenda and
considered following Item 5.22.
6. REGULAR AGENDA
Note: Regular Agenda items, and Consent Agenda items moved to Regular
Agenda, are listed in the order they were addressed (Items 5.4, 5.21, 5.16,
6.1, 6.2, 6.4, 6.5 (Item Summary 1-2), 5.22-5.23, 6.5 (Item Summary 3),
6.3).
5.4. Interlocal License Agreement Resolution - Environmental Compliance:
Resolution No. 2006-R0566 authorizing the Mayor to execute an
Interlocal License Agreement with Texas Commission on Environmental
Quality permitting the use of a small portion of Civic Center property to
conduct air monitoring activities.
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Regular City Council Meeting
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RESOLUTION NO. 2006-RO566
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Interlocal License
Agreement by and between the City of Lubbock and the Texas Commission on
Environmental Quality, for occupation of lands of the City located in the vicinity of 1400
Mac Davis Lane, Lubbock, Texas, to conduct air monitoring activities. Said Interlocal
License Agreement is attached hereto and incorporated in this Resolution as if fully set
forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 21St day of November 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Dan Dennison
Dan Dennison, Director of Environmental Compliance
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
The quality of air in Lubbock has been monitored by the Texas Commission
on Environmental Quality (TCEQ) and predecessor agencies for
approximately 26 years. During that time, specialized air sampling equipment
has been located on the roof of the former Fire Administration Building, but
the current occupant (Lubbock Regional Arts Center) has launched a major
structural renovation and has other plans for the building's roof. To ensure
continuity of data, TCEQ desires to locate the sampling equipment within the
vicinity of the original long-term site. A suitable location has been identified
at the unused grass area north of the Civic Center physical plant north of Mac
Davis Lane. The proposed license agreement is for a small 20-foot by 20-foot
site located between the small parking lot across the street and north of the
Civic Center. Staff has confirmed that this use of the property will have no
adverse effect on any Civic Center functions. The site will include several
pieces of air sampling equipment and will be surrounded by a chain link
fence. TCEQ will be responsible for underground telephone and electric
service lines, and payment of utilities. TCEQ is amenable and will accept
responsibility for any required cosmetic treatment at the site that would not
impede airflow. The initial term of the agreement is for five years, with an
option to renew for a second five-year term. Data generated at the site will be
available to the City and will have local and state-wide benefit.
FISCAL IMPACT
No fiscal impact.
Staff recommended approval of this resolution.
Dan Dennison, Environmental Compliance Manager, gave comments and
answered questions from Council.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2006-RO566 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
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Regular City Council Meeting
November 21, 2006
5.21. Contract Resolution - Risk Management: Resolution No. 2006-RO567
authorizing the Mayor to execute a contract with Covenant Medical
Group and Covenant Medical Systems, Inc. for on -site medical services
for employees and dependants, RFQ 06-081-MA.
RESOLUTION NO. 2006-R0567
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract with Covenant
Medical Group for on -site medical services for employees and dependants, which
Contract is attached hereto and incorporated herein as part of this Resolution.
Passed by the City Council this 21st day of November, 2006.
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 A. Miller
DAVID A. MILLER, MAYOR
/s/D. Mitchell Satterwhite
D. Mitchell Satterwhite, Assistant City Attorney
This contract is for on -site medical services for employees, dependants, and
retirees who are enrolled in the City's healthcare plan. The contract period is
for one year with an option to renew annually for up to two additional
one-year terms.
Proposals were solicited for the purpose of selecting a qualified firm to
provide free on -site medical services to employees and dependents in the
areas of primary care, communications of educational and wellness programs,
health risk assessments, prescriptions services, and coordination of medical
information with the City's Health Administrator for disease and case
management. The City's medical group has approximately 2,400 subscribers,
including active and retired employees. The total number of lives is
approximately 5,000.
Evaluation criteria published in the Request for Qualifications (RFQ) included
firm qualifications and experience (10%); technical qualifications (10%);
partner, supervisor and staff qualifications and experience (10%); specific
approach and methodology (40%); and pricing (25%).
Respondents to the RFQ were ranked as follows:
Covenant Medical Group 93 points
Care Here 80 points
Free First Care (incumbent) 78 points
All respondents have similar service approaches and methodologies and are
qualified to provide the services desired by the City. Consequently, the
deciding factor in making the recommendation was pricing.
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Regular City Council Meeting
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FISCAL IMPACT
The budgeted cost of the clinic for FY 2006-07 is $750,000. The estimated
cost under using the recommended contractor is $450,000. All charges for the
on -site clinic are paid from the Self -Insurance Health Fund.
Staff recommended contract award to Covenant Medical Group of Lubbock,
Texas.
Leisa Hutcheson, Risk Management Coordinator, gave comments and
answered questions from Council. Mayor Miller asked that there be, written
into the contract, the guarantee of choice of other providers for City
employees. This means that when a referral is given, either to a hospital or to
another healthcare provider, the employee is given the choice of other
providers that are outside the Covenant Medical Group (CMG) or the
Covenant Health Systems (CHS) Network.
Motion was made by Council Member Price, seconded by Mayor Pro Tem
Gilbreath to pass Resolution No. 2006-R0567 with an amendment to include
the language of a guarantee of choice of other providers for City employees.
Motion carried: 6 Ayes, 0 Nays.
5.16. Contract Resolution - Facilities Management: Resolution No.
2006-R0568 authorizing the Mayor to execute a contract with TIBH
Industries, Inc. and Marion Moss Enterprises for interior plant
maintenance at City Hall, Mahon Library, Civic Center, and the
Lubbock Preston Smith International Airport.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock Be and is hereby authorized and
directed to sign for and on behalf of the City of Lubbock, a Contract by and between
the City of Lubbock and TIBH Industries, Inc., and Marian Moss Enterprises of
Lubbock, Texas for the indoor plant maintenance, 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 21st day of November, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Wesley Everett
Wesley Everett, Facilities Manager
APPROVED AS TO FORM:
/s/Amy L. Sims
Amy L. Sims, Assistant City Attorney
Under this contract, Marion Moss Enterprises of Lubbock, Texas will provide
a complete plant maintenance system and schedule for interior plants at the
Municipal Building, Mahon Library, Civic Center and the Lubbock Preston
Smith International Airport. The scope of work includes watering, cleaning,
insecticide and pesticide control, and any necessary plant replacement. This
contract is through TIBH Industries, Inc. and the Texas State Use Works
Wonders Program. The term of the contract is for three years with an option
to renew annually for up to two additional one-year periods.
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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
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.
FISCAL IMPACT
The annual cost of services is $9,426.77 and will be funded through the
Facilities Management operating budget.
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2006-R0568 as recommended by staff. Motion
carried: 5 Ayes, 0 Nays.
Mayor Miller recused himself.
6.1. Annexation Ordinance 2nd Reading - Planning: Ordinance No.
2006-00119 Consider an ordinance 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.
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Regular City Council Meeting
November 21, 2006
ORDINANCE NO. 2006-00119
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT
TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS, WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND
ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON
EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS
ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE
THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The City Council conducted the first required reading of the annexation
ordinance for this area on November 9, 2006. The City Council has conducted
the required two public hearings. The ordinance, map, and service plan are
provided.
FISCAL IMPACT
No capital expense is recommended in the proposed service plan as the area
fits the definition under 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.
The staff recommended annexation of the entire area described on the map as
Exhibit A in the proposed service plan.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Price to pass on second and final reading Ordinance No. 2006-00119
as recommended by staff. Motion carried: 5 Ayes, 1 Nay. Council Member
Price voted Nay.
6.2. Annexation Ordinance 1st Reading - Planning: Ordinance No.
2006-00121 on the annexation of land described generally as east of
Indiana Avenue, south of 116th Street, to 660 feet south of F.M. 1585, two
sides of which are adjacent to the existing corporate limits of the City of
Lubbock, Texas.
ORDINANCE NO.2006-00121
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT
TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS, WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND
ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON
EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS
ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE
THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
On September 13, 2006, City Council instructed the Planning Department to
initiate the process of annexation of an area generally located east of Indiana
Avenue, south of 116th Street, to 660 feet south of F.M. 1585. The Council
then conducted two public hearings. During both public hearings, several
individuals owning property in the north portion of the area appeared in
opposition to the proposal. The map illustrated in the backup materials shows
an area surrounded in red as the parcel requested for annexation by Mr.
Betenbough. The area bounded by green represents the area recommended by
the Planning staff that creates a boundary consistent with annexation policy as
noted within the Comprehensive Land Use Plan (that annexation should not
create "pockets" on the perimeter of the City). Presented in backup are an
ordinance, map, and service plan.
FISCAL IMPACT
No capital expense is recommended in the 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 —
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Regular City Council Mee+ing
November 21, 2006
police, fire, etc.) will be absorbed by various departments within current
operating budgets.
The staff recommended annexation of the entire area noted as Exhibit A
within the proposed service plan.
Randy Henson, Director of Planning, gave comments and answered questions
from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass on first reading Ordinance No. 2006-00121 as recommended by
staff.
Mayor Pro Tern Gilbreath felt that the citizens who made a case against
annexation for their properties made a pretty good case; therefore, he
proposed a friendly amendment to carve out the 119.6 acres and not annex it.
The friendly amendment was not accepted by Council Member DeLeon.
Motion was made by Mayor Pro Tern Gilbreath to amend the motion on the
floor to carve out the 119.6 acres and not annex it. This motion died, due to
lack of a second.
Motion on the floor by Council Member DeLeon, seconded by Council
Member Jones to pass on first reading Ordinance No. 2006-00121 as
recommended by staff carried: 6 Ayes, 0 Nays.
6.3. This item was considered following Item 6.5, Item Summary 3.
6.4. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No.
2006-00120 Consider budget ordinance Amendment No. 2 amending the
FY 2006-07 budget respecting the General Fund, Grant Fund,
Hotel/Motel Tax Fund, Lake Alan Henry Fund, Cemetery Fund, and
Capital Improvement Program.
ORDINANCE NO. 2006-00120
AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GENERAL FUND; (2) GRANT FUND; (3)
HOTEL/MOTEL FUND; (4) LAKE ALAN HENRY FUND; (5) CEMETERY FUND
AND (6) CAPITAL IMPROVEMENT PROGRAM;
1. Accept and appropriate a $127,637 South Plains Association of
Governments pass -through grant from the Texas Department on Aging
and Disability Services and appropriate $65,000 of anticipated program
revenues, for a total grant program budget of $192,637. This grant will
provide hot meals, transportation, recreational, and social activities for
Lubbock senior citizens. The estimated revenues will be increased
accordingly. The required in -kind match of $12,612 is included in the
Adopted FY 2006-07 Parks and Recreation operating budget.
2. Appropriate $103,325 of Lake Alan Henry (LAH) Fund Balance to the
LAH fund for capital and training costs associated with the LAH Dive
Team. Capital costs include the purchase of a dive boat, side scan sonar,
nitrox tanks, regulators, and escape air bottles. Training costs include
personnel expenses for training and certification.
3. Establish a new Capital Improvement Project entitled "Seal Coat
Program" and transfer $770,000 to the new project from Capital
Improvement Project #8522, Brick Street Reconstruction to the new
project. These funds will be used for the City's annual seal coat program.
4. Amend Capital Improvement Project #91074 within the North Overton
TIF entitled "North Overton Tax Increment Finance (TIF) Public
Facilities" by appropriating $4.1 million of certificate of obligation bonds
increasing the total project appropriation to $8.4 million for the conference
center and related public improvements located adjacent to the new hotel
planned for construction in 2007-2008. The source of repayment for these
bonds will initially come from hotel/motel funds generated from this
specific hotel, and from TIF increment tax revenues once the TIF is fully
established.
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Regular City Council Meeting
November 21, 2006
5. Amend Capital Improvement Project #91048 entitled "City Hall Heating,
Ventilation, Air Conditioning (HVAC) Renovations" by appropriating
$120,000 of General Fund Balance to make the total project appropriation
$1,254,673. The increase is necessary to cover unanticipated asbestos
remediation, additional web -based controls and a 10% project contingency
for additional asbestos remediation costs.
6. Create the Cemetery Fund and appropriate expenditures, estimate
revenues, and authorize positions in the Cemetery Fund as outlined in
attachment "A". To authorize a $259,187 transfer from General Fund to
the Cemetery Fund and to reduce General Fund revenues and expenses
accordingly. Authorize other necessary accounting entries in the General
Fund to transfer related assets and liabilities to the Cemetery Fund.
7. Create Capital Improvement Project #92003 entitled "Project Site
Archeology" by appropriating $50,000 for archeological services at Fiesta
Plaza and Mackenzie Amphitheater. The project costs will be funded from
$30,000 of unallocated 2001 General Obligation Bond proceeds and
$20,000 of unallocated 2003 General Obligation Bond proceeds.
8. Appropriate $175,000 of Hotel/Motel Tax Fund Balance to Civic
Lubbock, Inc. for the administration of the 2007 Lubbock Music Festival.
FISCAL IMPACT
Included in Item Summary.
Staff recommended approval of the second reading of this ordinance.
Andy Burcham, Director of Fiscal Policy and Strategic Planning, gave
comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass on Items 1-7 of second and final reading Ordinance No.
2006-00120 as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Mayor Pro Tern
Gilbreath to pass on Item 8 of second and final reading Ordinance No.
2006-00120 as recommended by staff. Motion carried: 5 Ayes, 0 Nays.
Council Member Jones recused herself.
6.5. Budget Amendment Ordinance 1st Reading - Finance: Ordinance No.
2006-00122 Amendment No. 3 amending the FY 2006-07 budget
respecting the General Fund, Grant Fund, and LP&L Fund.
ORDINANCE NO. 2006-00122
AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GENERAL FUND; (2) GRANT FUND; AND (3)
LP&L FUND;
1. Appropriate $80,000 of General Fund fund balance and authorize two
additional full-time auditor positions to address the need within the
organization for the ongoing evaluation of business processes, compliance
and internal controls. These positions have been continually requested by
the City's Audit Committee. The requested appropriation will fund the
new positions for 8 months of the fiscal year, with an estimated hire date
of February 1, 2007.
2. Accept and appropriate a $50,000 grant from the Governor's Division of
Emergency Management for the 2005 Buffer Zone Protection Program to
aid in the preparedness efforts of local law enforcement.
3. Amend the operating budget and staffing in the LP&L Fund. Specific
information regarding these projects is competitive information protected
under Chapter 552.133 of the Texas Government Code.
FISCAL IMPACT
Included in backup information.
Staff recommended approval of the first reading of this ordinance.
Regular City Council Meeting
November 21, 2006
City Manager Lee Ann Dumbauld gave comments and answered questions
from Council.
Jim Brunjes, member and former Chairman of the Audit Committee, gave
comments, answered questions from Council, and elaborated on the Audit
Committee's recommendation of staffing needs for the Internal Audit
department. Mr. Brunjes confirmed that the Audit Committee is completely
independent of City management and reports directly to the Council, which
represents the citizens.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Items 1-2 on first reading Ordinance No. 2006-00122 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Note: Summary Item 3 was tabled and was addressed following Item 5.23.
10:45 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
12:22 P.M. CITY COUNCIL RECONVENED
5.22. Contract Resolution - Risk Management: Resolution No. 2006-RO569
authorizing the Mayor to execute a contract with Benefit Plan Audit
Services for medical claims audit, RFQ 06-079-MA.
RESOLUTION NO. 2006-RO569
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract with Benefit
Plan Audit Services for medical claims audit, which Contract is attached hereto and
incorporated herein as part of this Resolution.
Passed by the City Council this 21st day of November, 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/D. Mitchell Satterwhite
D. Mitchell Satterwhite, Assistant City Attorney
Proposals were solicited for the purpose of selecting a qualified firm to audit
the City's medical claims. The purpose of the audit is to determine the
accuracy of claims processing according to the master plan document and the
-- depth of discount on claims for basic services, outpatient services, and
inpatient services. The main focus of the audit will be on inpatient and
outpatient claims or any other service provided by contract. The claim audit
will include a review of the claims and a report of the depth of discount on the
claims.
The evaluation criteria used to score and rank the respondents to the RFQ
included firm qualifications and experience (10%); partner, supervisory, staff
qualifications and experience (10%); thorough knowledge of medical claims
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Regular City Council Meeting
November 21, 2006
audits (10%); similar engagements with other government entities (5%)
timetable to complete the audit (5%); equal opportunity (5%); sample audit
report (5%); specific audit approach (25%); and fee (25%).
Responses to the RFQ were ranked as follows:
Benefit Plan Audit of Los Angeles, CA 99 points
Public Consulting Group of Boston, MA 88 points
Segal Company of Temple AZ 79 points
Benefit Partners of Dallas, TX 68 points
Healthcare Data Management, Inc. of Wayne PA 68 points
At the November 13, 2006 Audit Committee Meeting, the Audit Committee
reviewed the proposals and concurred with the recommendation of the Review
Committee. At that time, the Audit Committee requested the audit to be
supervised through the City Attorneys Office. The City Manager and Chief
Financial Officer concur and are recommending the audit be supervised by the
City Attorney's Office.
FISCAL IMPACT
The cost of the claims audit is $36,390. All charges for the audit will be
funded through the Self -Insurance Health Fund.
Staff and Audit Committee recommended contract award to Benefit Plan
Audit Services of Los Angeles, California.
Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem
Gilbreath to pass Resolution No. 2006-RO569 as recommended by staff.
Motion carried: 4 Ayes, 0 Nays. Council Members Jones and Price were
away from the dais.
5.23.. Minuted Action - Health Benefits: Consider a request by a City of
Lubbock employee for an exception to the City Employee Benefit Plan
and take appropriate action.
A City of Lubbock employee has requested an exception to the
predetermination by American Administrative Group that certain treatment is
not covered under the City's Employee Benefit Plan. Staff is requesting
Council's determination of making an exception to the Employee Benefit Plan.
FISCAL IMPACT
The financial impact will be approximately $20,000 for the cost of the
treatment. This cost will also impact the individual and aggregate stop loss of
the City. Funds are available in the Self -Insurance Health Fund.
Motion was made by Council Member DeLeon, seconded by Mayor Pro Tern
Gilbreath to use Maxor as the provider for the prescription drug needed, and
approve two (2) cycles of four (4) treatments at a maximum total cost of
$20,000. Motion carried: 5 Ayes, 0 Nays. Council Member Price was away
from the dais.
At this time, Item 6.5, Summary Item 3, was considered.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Leonard to remove Item 6.3 from the table. Motion carried: 4 Ayes,
0 Nays. Council Members Jones and Price were away from the dais.
6.5. Budget Amendment Ordinance 1st Reading - Finance: Ordinance No.
2006-00122 Amendment No. 3 amending the FY 2006-07 budget
respecting the General Fund, Grant Fund, and LP&L Fund.
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Regular City Council Meeting
November 21, 2006
ORDINANCE NO. 2006-00122
AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GENERAL FUND; (2) GRANT FUND; AND (3)
LP&L FUND;
1. Appropriate $80,000 of General Fund fund balance and authorize two
additional full-time auditor positions to address the need within the
organization for the ongoing evaluation of business processes, compliance
and internal controls. These positions have been continually requested by
the City's Audit Committee. The requested appropriation will fund the
new positions for 8 months of the fiscal year, with an estimated hire date
of February 1, 2007.
2. Accept and appropriate a $50,000 grant from the Governor's Division of
Emergency Management for the 2005 Buffer Zone Protection Program to
aid in the preparedness efforts of local law enforcement.
3. Amend the operating budget and staffing in the LP&L Fund. Specific
information regarding these projects is competitive information protected
under Chapter 552.133 of the Texas Government Code.
FISCAL IMPACT
Included in backup information.
Staff recommended approval of the first reading of this ordinance.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member DeLeon to pass Summary Item 3 of first reading Ordinance No.
2006-00122 as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Council Members Price and Jones were away from the dais.
6.3. Ordinance Amendment 1st Reading - Water Utilities: Ordinance No.
2006-00123 amending Chapter 28 of the Code of Ordinances to provide
consistency with the Water Use Management Plan by updating Sections
28-44 and 28-45, Operation of Irrigation Systems or Devices.
ORDINANCE NO.2006-00123
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
LANDSCAPING IRRIGATION SYSTEMS AND OPERATION OF IRRIGATION
SYSTEMS OR DEVICES; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
The purpose of these changes is to provide consistency with the Water Use
Management Plan recently adopted by the City Council by updating Sections
28-44 and 28-45, Operation of Irrigation Systems or Devices. This ordinance
is referenced in the Water Use Management Plan as a supporting document.
Other changes are designed to assist staff in promoting the proper installation
of irrigation systems. Systems that are installed properly have less run-off.
Some of the additions to the ordinance include the following:
Required inspection by City of new irrigation systems.
Sprinkler heads be located 4" from curbs, sidewalks, fencing, buildings, etc.
Sprinkler systems must be designed to spray only on pervious surfaces or
landscaped areas.
Irrigation systems must have a master valve.
The proposed ordinance has been approved by the Lubbock Water Advisory
Commission.
FISCAL IMPACT
There is no direct fiscal impact.
Staff recommended approval of the first reading of this ordinance.
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Regular City Council Meeting
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Mayor Miller stated that, because there is continued concern about the
definition of "significant", Council Member Leonard agreed to come back
with additional language that would not only amend this ordinance with two
readings, as required by our City Charter, but also two other ordinances that
are related to water. This would give the public a much more specific
definition of run-off and what significant means.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Price to pass on first reading Ordinance No. 2006-00123 as
recommended by staff. Motion carried: 4 Ayes, 0 Nays.
Council Members Price and Jones were away from the dais.
* Council Member Price seconded the motion, but was away from the dais at
the time of the vote.
7. WORK SESSION
7.1. American Institute of Architects: The local chapter of the American
Institute of Architects (AIA) will present their initiatives to the City
Council for AIA 150, the sesquicentennial anniversary of the founding of
the AIA.
Brian Griggs of Parkhill, Smith & Cooper, Inc. gave a presentation by the
American Institute of Architects (AIA) local chapter of their initiatives for
AIA 150, the sesquicentennial anniversary of the founding of the AIA. He
stated that the purpose of today's presentation was to bring the AIA blueprint
for America to Lubbock. The AIA is an organization operating, both
nationwide and worldwide, which has three purposes. One is to serve the
architectural profession/professionals here in the United States and abroad.
Secondly, it advances the architectural profession through advocacy in the
programs at all levels of government. Third point, and what is the
organization's most idealistic goal, is to improve the built environment, both
here in the United States and abroad, through architectural design. Mr. Griggs
was accompanied by Theresa Drewell, who is the Texas Society of Architects
Director for the Lubbock Chapter, and she is also the Vice -Chancellor for
Facilities, Planning, and Construction at Texas Tech University.
7.2. North and East Lubbock Community Development Corporation: North
and East Lubbock Community Development Corporation Quarterly
Update.
Jim Reid, Interim Director, North and East Lubbock Community
Development Corporation, presented Council with a quarterly update and
talked about the future plans of the organization. Mr. Reid explained that his
role as Interim Director is three -fold: 1) to keep the projects moving, 2) to
help the Board find a very strong individual for Executive Director; 3) and to
lay out a strategic plan for the years 2007-2010. This is so there is a
framework for going forward that the Board and Council would be
comfortable with. He updated Council on areas of housing development,
housing counseling, commercial economic development, and micro -lending.
There have been eleven (11) lots sold in Kings Dominion on North MLK
Blvd., which is the first housing subdivision in east Lubbock since 1954.
Housing counseling is offered to buyers of the lots to prepare individuals for
the responsibility of home ownership. Parkway Place, adjacent to the
Patterson Library, is an upcoming site for commercial development. The City
provided micro -loan funds to the CDC through a Community Development
Block Grant program with assistance from the Small Business Development
Center. An additional search was launched for an Executive Director. Mr.
Reid then answered questions from Council.
7.3. 80th Texas Legislative Session: Review City of Lubbock legislative
priorities for the 80th Texas Legislative Session.
Mayor Miller informed the public of what has gone on up to this point with
the Legislature. He stated that the five key areas that should be addressed, or
at least monitored by City Council and by city government are water, public
safety, transportation, wind as an alternative for energy, and home rule
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Regular City Council Meeting
November 21, 2006
authority. The Mayor informed all that February 26-27, 2007 will be
Panhandle South Plains Day in Austin. Amarillo and Lubbock are teaming up
with all the area cities and have events in Austin to show the unity and
solidarity of West Texas.
Dixon Platt, Council Chief of Staff, gave a presentation on the City of
Lubbock legislative priorities for the 80th Texas Legislative Session. Some of
the proposed positions for the 80th Texas Legislature include initiating
legislation; supporting legislation which might be introduced by other entities;
endorse and support legislation introduced by other organizations; oppose
legislation that will possibly be introduced that would have negative
implications for the City of Lubbock; monitor and closely follow legislation
and regulation issues of interest. City Manager Lee Ann Dumbauld gave
comments regarding legislation on municipal bonds. Platt also answered
questions from Council.
1:58 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
Read and approved this q � day of ' 2008.
Jim Gilbreath, Mayor Pro Tem
ATTEST:
Reb cca Garza, City Secretary
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