HomeMy WebLinkAboutMinutes - City Council - Regular - 10/13/2005CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 13, 2005
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 13th
day of October, 2005, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:30 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Gary O. Boren, Council Member Jim Gilbreath, Council
Member Phyllis Jones, Council Member Floyd Price
Absent: Council Member Linda DeLeon
1. CITIZENS COMMENTS
One citizen expressed comments to the Council. Vance Scoggins, 3407 37th Street,
addressed Council to congratulate them on what a great job they are doing and he is
excited about the possibility of the George W. Bush Library coming to Lubbock.
2. EXECUTIVE SESSION
Mayor McDougal 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
commercial or financial information that the governmental body has received
from a business prospect with which the governmental body is conducting
economic development negotiations, as provided by Subchapter D of Chapter
551 of the Government Code, the Open Meetings Law."
7:32 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
All Council Members were present.
2.1. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated litigation
(Cemetery, Fire, Gas Utilities — Atmos Energy, and 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, Water Utilities).
2.3. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney,
City Manager, and 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 (LP&L):
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;
2.5. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.087 to discuss or deliberate regarding commercial or
financial information that the governmental body has received from a
business prospect that the governmental body seeks to have locate, stay,
or expand in or near the territory of the governmental body and with
which the governmental body is conducting economic development
negotiations (Business Development).
Regular City Council Meeting
October 13, 2005
Page 366
9:35 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tern Tom Martin; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Jim Gilbreath; Council Member Phyllis Jones; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor McDougal reconvened the meeting at 9:35 A. M.
3. INVOCATION, PLEDGE, CITIZEN APPEARANCES, AND BOARD
APPOINTMENT RECOGNITION
3.1. Invocation by Reverend Margaret Austin, St. Stephen's Episcopal
Church.
3.2. Pledge of Allegiance to the flags.
Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
3.3. Citizen Appearances
3.3.1. This item was considered following Item 3.4.2.
3.3.2. This item was considered following Item 3.3.1.
3.3.3. Presentation of a special recognition to commemorate October 15,
2005 as White Cane Safety Day.
This item was deleted.
3.3.4. This Item was considered following Item 3.3.2.
3.4. Board Appointment Recognition
3.4.1. This item was considered following Item 3.4.3.
3.4.2. This item was considered following Item 3.4.1.
3.4.3. Appointments Advisory Board — Troy Vanderburg, Jay Ibarra,
Shaorong Liu (unable to attend), and Alice Lozada arrived late and
was recognized after Item 3.3.4.
3.4.1. Lubbock Housing Authority — Dr. Juan Munoz
3.4.2. Airport Board — Brad Moran
3.4.4. This item was considered following Item 3.3.4.
3.3. Citizen Appearances
3.3.1. Presentation of a proclamation commemorating October as
Disability Employment Awareness Month.
Mayor McDougal read a proclamation commemorating October as
Disability Employment Awareness Month. Individuals with
disabilities make important contributions in the work place, and this
month we celebrate and salute the skills, creativity, and dedication of
working people with disabilities and take appreciative note of their
commitment to our nation and its continued prosperity. Since the
Americans with Disabilities Act (ADA) was enacted, people with
disabilities have been able to participate more fully in the workforce.
President Bush signed into law a legislation that improves the
Individuals with Disability Education Act to insure that our young
people with disabilities are prepared for the many opportunities are
ahead. The United States Congress has designated October of each
year as National Disability Employment Awareness Month. The
Mayor proclaimed October 19, 2005 as National Disability
Employment Awareness Month in Lubbock and urge all citizens to
recognize the strength, skills, and abilities of people with disabilities.
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Vivian Metsgar, Switchboard Operator, was present and gave
comments.
3.3.2. Presentation of a proclamation naming October 19, 2005 as
Disability Mentoring Day.
Anthony Jones, Human Resources Coordinator, joined Mayor
McDougal as he presented a proclamation naming October 19, 2005 as
Disability Mentoring Day. The Americans with Disabilities Act
(ADA) became law on July 26, 1990, guaranteeing equal opportunity
for more than 54 million disabled residents including 4 million
Texans. Disability Mentoring Day emphasizes the many talents
people with disabilities bring to the workforce. Mentoring can be an
effective technique for raising awareness of the progress that is being
made in the employment of people with disabilities and also showing
the great distance to equality that needs to be covered. The Mayor
urged all citizens to recognize the strength, skills, and abilities of
people with disabilities who, when given the opportunity, make a
difference in their own lives and the lives of others.
3.3.3. Presentation of a special recognition to commemorate October 15,
2005 as White Cane Safety Day.
This item was deleted.
3.3.4. Presentation of a proclamation commemorating the YWCA Week
Without Violence.
Representatives from the YWCA, Marie Myer, Joe Love Nelson, and
Betty Wheeler, joined Mayor McDougal as he presented a
proclamation commemorating October 16 — 21, 2005 as YWCA Week
Without Violence. YWCA Week Without Violence is a public
awareness campaign led by the YWCA and is a collaborative effort
between more than fifty local agencies chaired by Joe Love Nelson
and Marie Myer. The YWCA is the oldest women's association in the
United States and has a history of empowering women and families
fostering racial equality and preventing violence through more than
300 member associations in all fifty states. This organization
represents 2 million women, girls, and their families in the U.S. and
provides programs ranging from childcare and aquatics to sports and
fitness services for the elderly and the handicapped. The campaign
focuses on practical and realistic solutions to violence in homes,
schools, neighborhoods, and workplaces around the world and
provides a series of national and local forums that will inspire
communities to work together and challenge all Americans to spend
seven days without committing, condoning, or contributing to
violence. The Mayor asked all citizens to join in supporting the
YWCA and the other participating agencies for their continued efforts
to improve the quality of life of those affected by violence in our city,
state, and nation. Joe Love Nelson gave comments.
At this time, Mayor McDougal recognized Alice Lozada for her
appointment to the Appointments Advisory Board.
3.4.4 Citizens Traffic Commission — Isaac Garnett
4. CONSENT AGENDA (Items 4.2-4.4.4.6, 4.8-4.16, 4.20-4.27, 4.29-4.31, 4.34-4.35)
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Gilbreath to approve Items 4.2-4.4, 4.6, 4.8-4.16, 4.20-4.27, 4.29-4.31, 4.34-4.35) on
consent agenda as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
4.1. This item was considered following Item 4.35.
4.2. Zone Case No. 2294-E 2"d Reading: ORDINANCE NO. 2005-00117
Consider the request of Craig Wallace Construction (for L. B. F.
Properties) for a zoning change from A-2 to GO for general and
professional office on Tract 3, All Saints Addition.
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ORDINANCE NO.2005-00117
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2294-E; A ZONING CHANGE FROM A-2 TO GO
ZONING ON TRACT 3, ALL SAINTS ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
The request will zone a portion of the original All Saints tract to accommodate
Garden Office development.
Adjacent land uses:
North — commercial
South — garden office and residential
East — private school
West - residential
The proposal meets the intent of both the Comprehensive Land Use Plan and
zoning policy. GO is considered a buffer district and will work well in
conjunction with the location of the school and the adjacent department store.
There were no adjacent residents at the hearing to comment regarding the
case.
The project will not have a significant impact on the thoroughfare system.
The Planning Commission recommended the request with one traffic -related
condition: The parcel will be allowed one curb cut on the Indiana Avenue
frontage.
FISCAL IMPACT
Not applicable.
Staff recommended approval of the second reading of this ordinance
4.3. Zone Case No. 2458-H 2°d Reading: ORDINANCE NO. 2005-00118—
Consider the request of David Turek — Colonial Communities, Inc. (for
OHC/Lubbock, Ltd.) for a change from C-4 and R-1 to C-3 and A-1
Specific Use for a senior apartment community on a 27.252 acre tract of
unplatted land out of Section 18, Block A.
ORDINANCE NO.2005-00118
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2458-H; A ZONING CHANGE FROM C-4 AND R-1
TO C-3 AND A-1 SPECIFIC USE FOR A SENIOR APARTMENT COMMUNITY
ON A 27.252 ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 18,
BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
The applicant is proposing a down zone to a portion of C-4 along the service
road west of Clovis Highway, to C-3, and the balance of the parcel north of an
apartment project as a gated apartment community targeted for senior citizens.
Adjacent land use:
North — Loop 289
South — apartment complex
East — town home project
West — vacant
The project meets the objectives of both the Comprehensive Land Use Plan
and zoning policy. The area is targeted on the Plan as high density and the
frontage as commercial. The applicants are intentionally down zoning the
frontage to prevent some of the heavier commercial uses adjacent to their
residential community.
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The request is filed as a Specific Use Permit to accommodate the perimeter
fence for the gated community. The vision triangle is protected at the street
corners illustrated in their initial plan. Some adjustments will be made in the
final plan for building locations related to drive alignment and drainage
solutions. TxDOT will have governance of curb cuts on the Loop 289 service
road.
The Planning Commission recommended the project with conditions:
1. The perimeter fence may be installed as proposed with consideration for
any vision triangle associated with the project.
2. Tied to the proposed site plan with adjustments allowed for building
location due to future platting requirements.
Staff recommended approval of the second reading of this ordinance.
4.4. Zone Case No. 2936-B 2nd Reading: ORDINANCE No. 2005-00119—
Consider the request of Mark G. Anderson/ADC, Inc. (for Dr. Randall
Billings) for a zoning change from R-1 Specific Use to GO for general and
professional offices on Lots 16 and 17, Tivoli Estates Addition.
ORDINANCE NO.2005-00119
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2936-B; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO GO ON LOTS 16 AND 17, TIVOLI ESTATES ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The request will rezone two residential lots adjacent to a Garden Office tract
that abuts Quaker Avenue. The final design of the project has not been
finished, so the ultimate use of the two lots (building or parking) has yet to be
determined.
Adjacent land uses:
North — residential
South — residential
East — garden office zoning, vacant
West — residential
The Garden Office District is considered a buffer district, so the proposed
zoning is consistent with policy as stated by the Comprehensive Land Use
Plan. Two proposed conditions below should make the proposal acceptable to
the adjacent residential in terms of zoning policy; the homes to the west and
south will be protected with a screening fence that is already required by the
Zoning Code. In addition, a low fence along 110th Street with a fifteen -foot
setback from the property line will preserve the "look" of the remaining
garden homes to be constructed to the west.
One couple was in attendance - the letter of opposition from an owner on
110th Street. After visiting with the applicant, they left with no comment and
presumably are not in opposition to the project.
The project will not have a negative effect on the thoroughfare system.
The Planning Commission recommended the request with the following
conditions:
1. A minimum six-foot screening fence shall be installed on the west and
south boundaries of the lots.
2. A three-foot screening fence of masonry construction shall be installed on
the north of the lot with a fifteen -foot setback from the property line of
11Oth Street. No curb access will be allowed to I IOth Street from the two
lots.
Staff recommended approval of the second reading of this ordinance.
4.5. This item was considered following Item 4.1.
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4.6. Ordinance Amendment 2nd Reading - Finance: ORDINANCE NO.
2005-00114—Amending Chapter 28 of the Code of Ordinances in regard
to sewer rates.
ORDINANCE NO.2005-00114
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS
28-86, SUBSECTIONS 28-86(a) AND 28-86(b) OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK BY REVISING SEWER RATES AS CONTAINED
THEREIN: PROVIDING A SAVING CLAUSE AND PROVIDING FOR
PUBLICATION.
With the FY 2002-03 budget, City Council approved a 5% increase in sewer
rates for four consecutive years, including FY 2005-06. It has been
determined that no rate increase is necessary for FY 2005-06 and the
ordinance has been amended to reflect this change.
FISCAL IMPACT
The adopted FY 2005-06 operating budget for the Waste Water Fund does not
require the previously scheduled increase.
Staff recommended approval of the second reading of this ordinance.
4.7. This item was considered following Item 4.5.
4.8. Ordinance V Reading — Right -of -Way: Ordinance No. 2005-00120
abandoning and closing a 20-foot underground utility easement and a
10-foot underground utility easement located on Tract B, Mr. Postman
Addition to the City of Lubbock, located at 6524 19th Street.
ORDINANCE NO.2005-00120
AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT
UNDERGROUND UTILITY EASEMENT AND A 10 FOOT UNDERGROUND
UTILITY EASEMENT LOCATED IN TRACT B, MR. POSTMAN ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ALL OF WHICH ARE
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 PUBLICATON.
This ordinance abandons and closes a 20-foot wide east -west underground
utility easement and a 10-foot wide north -south underground utility easement,
located just west of Milwaukee Avenue and north of 19th Street. These
easements were dedicated by the Mr. Postman, Tract B plat, and are being
closed for development purposes. A new underground utility easement will be
dedicated with the re -plat of this tract to replace these easements. All utility
companies are in agreement with these closures.
Staff recommended approval of the first reading of this ordinance.
4.9. Ordinance 1" Reading — Right -of -Way: Ordinance No. 2005-00121
abandoning and closing a portion of a 20-foot alley, adjacent to Lot 1, Fry
Addition to the City of Lubbock, located at 3408 501h Street.
ORDINANCE NO.2005-00121
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A
20-FOOT ALLEY LOCATED ADJACENT TO LOT 1, FRY ADDITION AND LOT 1,
FOLLY ADDITION TO THE CITY OF LUBBOCK, 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.
CVS Pharmacy is acquiring three properties at the northwest corner of 50th
Street and Indiana Avenue. They plan to replat these three properties and a
north -south 20-foot wide by 200-foot long alley into a single tract of land for a
new pharmacy. Since the requestor of this closure is not the original dedicator
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of the alley area being closed, they will be charged for the closure. The total
alley area being closed is 3,998.80 square feet. The Right -of -Way Department
has determined a value of $4.70 per square foot for the alley area being
closed, for a total value of $18,794.36. The replat will have a new 20-foot
dedicated underground utility and drainage easement along the west side of
the replat containing a total of 4,280 square feet, with a valued credit of
$10,058 (4,280 square feet x $4.70 = $20,116 x 50% easement valuation). The
total amount due to the City for this alley closure is $8,736.36.
FISCAL IMPACT
An additional $8,736.36 revenue to the General Fund.
Staff recommended approval of the first reading of this ordinance.
4.10. Street and Alley Use License Resolution — Right -of -Way: Resolution No.
2005-RO465A authorizing the Mayor to execute a street and alley use
license with Covenant Health System, Inc. to use a portion of street and
alley right-of-ways for an aerial and underground communications cable,
located at 3615 19th Street.
RESOLUTION NO.2005-RO465A
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement for a Street
and Alley Use License for an aerial and underground communications cable, by and
between the City of Lubbock and Covenant Health System, Inc., and related documents.
Said License 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, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales
Senior Attorney/Office Practice
A copy of the License is filed with Resolution No. 2005-R0465A.
Covenant Hospital, located at 19th Street and Louisville Avenue, has requested
a street and alley use license to install communication cables to two of their
nearby facilities. The first cable will be aerial and cross Louisville Avenue
just north of 21St Street to serve a Covenant facility at that location. The
second cable will be underground and will travel southward from the
Covenant Hospital west parkin garage on the south side of 2 1 " Street, east of
Louisville Avenue across 22° Street, an east -west alley, and 22°d Place to
another Covenant facility.
The Right -of -Way Department has determined the license value from adjacent
land values in the area at $7 per linear foot. Using the street use license
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formula for aerial and sub -surface encroachments, a value of $85.47 per year
has been determined (70 feet x $7 x 75% x 10% = $36.75 per year for the
aerial crossing and 116 feet x $7 x 60% x 10% = $48.72 per year for the three
underground crossings). The license is for twenty years, payable every five
years in advance, or $427.35 for each five-year period.
FISCAL IMPACT
An additional $85.47 revenue to the General Fund.
Staff recommended approval of this resolution.
4.11. Street Use License Resolution — Right -of -Way: Resolution No.
2005-RO466 authorizing the Mayor to execute a street use license with
Mercedes-Benz of Lubbock to utilize a portion of Texas Avenue and a
portion of 181h Street for additional vehicle parking, located at 1702 Texas
Avenue.
RESOLUTION NO.2005-RO466
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement for a Street
Use License for additional vehicle parking, by and between the City of Lubbock and
Mercedes — Benz of Lubbock, and related documents. Said Agreement is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales
Senior Attorney/Office Practice
A copy of the Agreement is filed with Resolution No. 2005-R0466.
Due to the size of their property and showroom, space is limited at the
Mercedes-Benz of Lubbock dealership located at 1702 Texas Avenue. Owner
Michael Britt has requested this street -use license to use a portion of Texas
Avenue to park seven new vehicles and to use a portion of 18` Street just west
of Texas Avenue to park eight new vehicles for sales display purposes. The
vehicles will be parked in existing street parking spaces and a sidewalk area
will remain for pedestrian traffic. The dealership has spoken with several of
the abutting property owners and sent the City six property owners' written
approval for this use. Pursuant to Ordinance No. 8568, it is unlawful for any
person to display any goods for sale on any parkway in the City without a
street -use license. The total right-of-way area to be utilized by the vehicles is
2,025 square feet (9' x 15' x 15' spaces). The Right -of -Way Department has
calculated the land value at $2 per square foot and applied this to the street-
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use license formula for a yearly charge of $405 (2,025 square feet x $2 x 10%
= $405). The 20-year license is payable in advance every five years, or
$2,025.
FISCAL IMPACT
An additional $405 annual revenue to the General Fund.
Staff recommended approval of this resolution.
4.12. Street Use License Resolution — Right -of -Way: Resolution No.
2005-RO467 authorizing the Mayor to execute a street use license with the
Lubbock Independent School District to use a portion of a street right-of-
way for a private underground sewer line, located at 3307 Vicksburg
Avenue.
RESOLUTION NO. 2005-RO467
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement for a Street
Use License for an underground sewer line, by and between the City of Lubbock and
Lubbock Independent School District, and related documents. Said Agreement is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 13th day of October 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
A copy of the Agreement is filed with Resolution No. 2005-R0467.
Coronado High School, located at the southeast corner of 31 st Street and
Vicksburg Avenue, has requested a street use license to bore under Vicksburg
Avenue just south of 31St Street for a private underground sewer line. The
sewer line is needed for the additional new buildings at Coronado High
School. The charge for the license is a minimum of $50 per year and the
license is for 20 years, payable every five years in advance, with $250 due
now. All utility companies are in agreement with the license.
FISCAL IMPACT
An additional $50 annual revenue to the City General Fund.
Staff recommended approval of this resolution.
4.13. Contract Resolution — Citibus: Resolution No. 2005-RO468 authorizing
the Mayor to execute Amendment #1 to Contract No. 0505F7193, with the
Texas Department of Transportation.
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RESOLUTION NO.2005-RO468
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 #1 to
Contract No. 0505177193, with the Texas Department of Transportation (TxDOT), 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 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeffrey A. Yates for
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 2005-R0468.
The Texas Department of Transportation has issued an amendment to
Contract No. 0505F7193, a FY 2006 5310 grant. The funds from 5310 grants
are used to help provide mass transportation service planning to meet the
special needs of elderly individuals and individuals with disabilities.
The original grant awarded $21,003 to the City/Citibus. The amendment
increases the grant amount to $31,943 and extends the grant four months to
August 31, 2006.
FISCAL IMPACT
A budget amendment increase of $10,940 will be presented for first reading at
this City Council meeting.
Staff recommended approval of this resolution.
4.14. Contract Resolution — Library: Resolution No. 2005-RO469 authorizing
the Mayor to execute one Library System Operation Grant Agreement,
one Technical Assistance Negotiated Grant Agreement, and one
Interlibrary Loan Center Grant by and between the City of Lubbock and
Texas State Library and Archives Commission.
RESOLUTION NO. 2005-RO469
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, one (1) Library System
Operation Grant Agreement, one (1) Technical Assistance Negotiated Grant Agreement
and one (1) Interlibrary Loan Center Grant by and between the City of Lubbock and
Texas State Library and Archives Commission, and all related documents. Said
Agreements are attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
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Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Agreements is filed with Resolution No. 2005-R0469.
The West Texas State Library System (WTLS) is a state funded grant program
designed to improve library service programs in a 29-county area. WTLS is
one of ten systems established under the Library Systems Act of 1969 and is
administered by the Texas State Library and Archives Commission. WTLS is
comprised of various elements designed to improve and expand the service
programs of member libraries and encourages the establishment of public
libraries in communities that do not have library services. At the end of State
Fiscal Year 2005, 34 libraries qualified for membership.
The Lubbock Public Library was designated as the Major Resource Center for
the WTLS program as of September 1, 1974. This year is the 32nd annual
contract renewal.
As the Major Resource Center, the Lubbock Public Library also serves as the
headquarters for the Interlibrary Loan Grant (ILL) program and the Technical
Assistance program. The ILL Center locates and requests materials for all
public libraries, community college libraries, and special libraries within the
29-county area served by WTLS.
The Technical Assistance program funds the hiring of a full-time Technical
Advisor for public libraries in the WTLS service region. The Technical
Advisor provides training and technological assistance to all of these area
libraries.
These three programs are fully funded by the State of Texas and the City has
no responsibility or obligation in the event that funds are not appropriated or
provided. The Texas State Library and Archives Commission contracts with
the Lubbock Public Library for housing of staff and implementation of the
service program components.
FISCAL IMPACT
The City will receive compensation of 9.03% of direct charges to reimburse
the cost of fiscal administration of the grant.
The West Texas Library System Grant Contract #470-06009 totals $373,151.
The Interlibrary Loan Grant Contract #771-06044 totals $77,605.
The Technical Assistance Negotiated Grant Contract #476-06019 totals
$80,000.
The required budget amendment is included on Agenda Item 4.5 — second
reading.
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Page 376
Staff recommended approval of this resolution.
4.15. Contract Resolution — Community Development: Resolution No.
2005-RO470 authorizing the Mayor to execute a Community Development
Funding Contract from the Community Development Block Grant, and
all related documents, between the City and Communities in Schools.
RESOLUTION NO.2005-RO470
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.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy aney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2005-R0470.
Grantee: Communities in Schools
Program: Path to Expansion
Funding Source: FY 2005-06 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: $14,962
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Term: October 1, 2005 through September 30, 2006
Comments: Funding for this contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
FISCAL IMPACT
No impact to general fund; 100% grant funded.
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Regular City Council Meeting
October 13, 2005
Page 377
Staff recommended approval of this resolution.
4.16. Contract Resolution — Community Development: Resolution No.
2005-RO471 authorizing the Mayor to execute a Community Development
Funding Contract from the Community Development Block Grant, and
all related documents, between the City and the Lubbock Boys and Girls
Clubs for Summer Day Camps Program.
RESOLUTION NO.2005-RO471
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.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2005-R0471.
Grantee: Lubbock Boys and Girls Clubs
Program: Summer Day Camps
Funding Source: FY 2005-06 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 and supervised
activities at two branches (Optimist, Phea).
Amount: $18,382
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Term: October 1, 2005 through September 30, 2006
Comments: Funding for this contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
FISCAL IMPACT
No impact to general fund; 100% grant funded.
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Page 378
Staff recommended approval of this resolution.
4.17. This item was considered following Item 4.7.
4.18. This item was considered following Item 4.17.
4.19. This item was considered following Item 4.18.
4.20. Contract Resolution — Community Development: Resolution No.
2005-RO472 authorizing the Mayor to execute a Community Development
Funding Contract from the Community Development Block Grant, and
all related documents, between the City and McDonald Transit
Associates, Inc. d/b/a Citibus.
RESOLUTION NO. 2005-RO472
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.
Passed by the City Council this 131h day of October, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2005-R0472.
Grantee: McDonald Transit Associates, Inc. d/b/a Citibus
Program: Paratransit Services
Funding Source: FY 2005-06 Community Development Block Grant
Use of Funds: The funds for this program will be used to provide partial
funding for Citibus' Paratransit Service. The program provides ADA certified
passengers with regular fixed route services. Clients are of low -to -moderate
income.
Amount: $204,300
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Term: October 1, 2005 through September 30, 2006
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Comments: Funding for this contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
FISCAL IMPACT
No impact to general fund; 100% grant funded.
Staff recommended approval of this resolution.
4.21. Contract Resolution — Community Development: Resolution No.
2005-RO473 authorizing the Mayor to execute a Community Development
Funding Contract from the Emergency Shelter Grant, and all related
documents, between the City and the Alcoholic Recovery Center.
RESOLUTION NO.2005-RO473
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.
Passed by the City Council this I P day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2005-R0473.
Grantee: Alcoholic Recovery Center
Program: Operations
Funding Source: FY 2005-06 Emergency Shelter Grant
Use of Funds: Funds will be used to assist in operation of the Shelter with the
facility's utilities and telephone bill.
Amount: $12,000
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant (100%
match)
Term: October 1, 2005 through September 30, 2006
Comments: Funding for this contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
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Page 380
FISCAL IMPACT
No impact to general fund; 100% grant funded.
Staff recommended approval of this resolution.
4.22. Contract Resolution — Community Development: Resolution No.
2005-RO474 authorizing the Mayor to execute a Community Development
Funding Contract from the Emergency Shelter Grant, and all related
documents, between the City and the Lubbock Interfaith Hospitality
Network.
RESOLUTION NO. 2005-RO474
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 Interfaith
Hospitality Network (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.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2005-RO474
Grantee: Lubbock Interfaith Hospitality Network
Program: Operations
Funding Source: FY 2005-06 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 (100%
match)
Term: October 1, 2005 through September 30, 2006
Comments: Funding for this contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
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Page 381
FISCAL IMPACT
No impact to general fund; 100% grant funded.
Staff recommended approval of this resolution.
4.23. Contract Resolution — Community Development: Resolution No.
2005-RO475 authorizing the Mayor to execute a Community Development
Funding Contract from the Emergency Shelter Grant, and all related
documents, between the City and the Salvation Army.
RESOLUTION NO.2005-RO475
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.
Passed by the City Council this 131h day of Oct. 3, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2005-RO475.
Grantee: Salvation Army
Program: Essential Services, Homeless Prevention, and Operations
Funding Source: FY 2005-06 Emergency Shelter Grant
Use of Funds: The funds for this program will be used to provide services to
clients involving Homeless Prevention and Essential Services type activities.
Funds will also be used to supplement the cost of the overall operation of the
facility.
Amount: $44,671
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant (100%
match).
Term: October 1, 2005 through September 30, 2006
Comments: Funding for the contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
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FISCAL IMPACT
No impact to general fund; 100% grant funded.
Staff recommended approval of this resolution.
4.24. Contract Resolution — Community Development: Resolution No.
2005-RO476 authorizing the Mayor to execute a Community Development
Funding Contract from the Emergency Shelter Grant, and all related
documents, between the City and Vandelia Church.
RESOLUTION NO.2005-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 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.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2005-R0476.
Grantee: Vandelia Church
Program: Utility/Rent Assistance
Funding Source: FY 2005-06 Emergency Shelter Grant
Use of Funds: The funds for this program will be used to prevent homeless
situations by providing utility and rent assistance to individuals and families
who have experienced a sudden increase in expenses or decrease in income.
Amount: $15,000
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant (100%
match).
Term: October 1, 2005 through September 30, 2006
Comments: Funding for the contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
FISCAL IMPACT
No impact to general fund; 100% grant funded.
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Page 383
Staff recommended approval of this resolution.
4.25. Contract Resolution — Community Development: Resolution No.
2005-RO477 authorizing the Mayor to execute a Community Development
Funding Contract from the Emergency Shelter Grant, and all related
documents, between the City and Women's Protective Services.
RESOLUTION NO.2005-RO477
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.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amv Sims
Amy Sims, Assistant City Attorney
Grantee: Women's Protective Services
Program: Essential Services
Funding Source: FY 2005-06 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 become, and remain, self-sufficient and free
from violence.
Amount: $15,000
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant (100%
match)
Term: October 1, 2005 through September 30, 2006
Comments: Funding for this contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
FISCAL IMPACT
No impact to general fund; 100% grant funded.
Staff recommended approval of this resolution.
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Page 384
4.26. Investment Policy/Strategy Resolution — Finance: Resolution No.
2005-RO478 approving a revised Investment Police and Investment
Strategy.
RESOLUTION NO.2005-RO478
WHEREAS, on August 25, 1995, the City Council of the City of Lubbock
adopted Resolution #4933 which established an investment policy for the City of
Lubbock; and
WHEREAS, on December 18, 1997, the City Council of the City of Lubbock
adopted Resolution #5728 which revised the City's investment policy so as to comply
with changes to the Public Funds Investment Act (Chapter 2256 of the Texas
Government Code); and
WHEREAS, on May 28, 1998, the City Council of the City of Lubbock adopted
Resolution #5867 which revised the City's investment policy so as to amend current
practices and strategies and clarify current provisions, which revisions comply with the
Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and
WHEREAS, on November 4, 1999, the City Council of the City of Lubbock
adopted Resolution #6600 which revised the City's investment policy so as to make
minor "housekeeping" changes and bring the current investment policy into compliance
with House Bill 3009; and
WHEREAS, on November 27, 2000, the City Council of the City of Lubbock
adopted Resolution #2000-R0418, which revised the City's investment policy so as to
amend current practices and strategies and clarify current provisions, which revisions
comply with the Public Funds Investment Act (chapter 2256 of the Texas Government
Code); and
WHEREAS, on November 8, 2001, the City Council of the City of Lubbock
adopted Resolution #2001-R0471, which revised the City's investment policy so as to
amend current practices and strategies and clarify current provisions, which revisions
comply with the Public Funds Investment Act (Ch. 2256 of the Texas Government
Code); and
WHEREAS, on February 13, 2003, the City Council of the City of Lubbock
adopted Resolution #2003-R0065, which revised the City's investment policy so as to
amend current practices and strategies and clarify current provisions, which revisions
comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government
Code); and
WHEREAS, on October 23, 2003, the City Council of the City of Lubbock
adopted Resolution #2003-R0474, which revised the City's investment policy so as to
amend current practices and strategies, which revisions comply with the Public Funds
Investment Act (Chapter 2256 of the Texas Government Code); and
WHEREAS, on November 18, 2004, the City Council of the City of Lubbock
adopted Resolution #2004-R0560, which revised the City's investment policy so as to
amend current practices and strategies, which revisions comply with the Public Funds
Investment Act (Chapter 2256 of the Texas Government Code); and
WHEREAS, the City Council has reviewed and approved the City of Lubbock
Texas Investment Policy and Investment Strategy and desires to make certain changes
thereto so as to amend current practices, which revisions comply with the Public Funds
Investment Act (Chapter 2256 of the Texas Government Code) and the Public Funds
Collateral Act (Chapter 2256 of the Texas Government Code); NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock investment policy and investment strategy, as
reviewed and amended in the attached document entitled "City of Lubbock, Texas,
Investment Policy and Investment Strategy" which is hereby incorporated in this
Resolution as if fully set forth, BE approved and adopted for the City of Lubbock, Texas,
and shall be included in the minutes of the Council.
MAI
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October 13, 2005
Page 385
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeffrey A. Yates
Jeffrey A. Yates, CFO
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the "City of Lubbock, Texas, Investment Policy and Investment Strategy" is
filed with Resolution No. 2005-R0478.
An annual review by City Council of the City's Investment Policy and
Investment Strategy is required by the Public Funds Investment Act
(Government Code 2256.005(e)). The Investment Policy and Investment
Strategy have been updated to reflect changes as recommended by the City's
Investment Review Committee. The agenda back-up information includes a
"red -lined" version of the Policy/Strategy to highlight all changes that have
been made at this time.
The significant changes are explained as follows:
1. Change in job titles or responsibilities have been made to reflect the
current situation:
Existing Title:
Managing Director of Finance
Cash & Debt Manager
Replaced with:
Chief Financial Officer
Director of Fiscal Policy and
Strategic Planning
2. The responsibilities of the Investment Review Committee have been
shifted to the City's Audit Committee.
3. The funds included in the scope of the investment policy have been
updated to reflect the changes made in the Comprehensive Annual
Financial Report.
4. Diversification has been added as a principal investment objective.
This should ensure diversity in market sectors and in maturity limits to
minimize market risks.
5. The Government Finance Officers Association has prepared 16
recommended practices related to the investment of public funds. Staff
have incorporated these recommended practices within the policy and
have identified the sections that correspond to those practices.
6. Additional reporting requirements have been added that more
comprehensively outline the reporting requirements of the Public
Funds Investment Act.
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Page 386
7. The policy has been revised in an effort to make it more reader
friendly and consistent with current terminology. The recommended
changes throughout the policy are identified in the "red -lined" version
of the policy.
The changes to the policy are recommended by the City's Finance Department
and the City's Audit Committee.
4.27. Temporary Overnight Camping Resolution — Parks and Recreation:
Resolution No. 2005-RO479 authorizing a temporary overnight camping
area in Mackenzie Park on Saturday, April 22, 2006, for the 5th Annual
Lubbock Grand Prix, to be held by the Montford Unit volunteer
employees on Sunday, April 23, 2006.
RESOLUTION NO.2005-RO479
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City Council of the City of Lubbock hereby authorize a temporary
overnight camping area in Mackenzie Park on Saturday, April 22, 2006, for the 5th
Annual Lubbock Grand Prix to be held on Sunday, April 23, 2006, by the Montford Unit
Volunteer Employees, as set forth in Exhibit "A" hereto, which said Exhibit "A" is
attached hereto and made a part hereof as if fully copied herein in detail.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, 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/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2005-R0479.
The Montford Unit volunteer employees have asked for permission to allow
over -night camping in Mackenzie Park on April 22, 2006, the night before
their motorcycle race benefiting Special Olympics on Sunday, April 23, 2006.
This will be the fifth year this race has been held in the undeveloped portion
of Mackenzie Park south of Parkway Drive and west of Oak Avenue. No
campfires will be allowed, and porta-potties, extra trash cans, and security will
be provided by the Montford Unit employees.
Chapter 19-1(5) of the Code of Ordinances allows for the designation of
camping areas. If approved by City Council, camping will be allowed on April
22-23, 2006 at a location as indicated on the map.
On September 27, 2005, the Parks and Recreation Advisory Board approved
forwarding this request to the City Council. Staff supports the approval of
temporary overnight camping in Mackenzie Park by participants in the 5th
Annual Lubbock Grand Prix on April 22-23, 2006.
4.28. This item was considered following Item 4.19.
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October 13, 2005
Page 387
4.29. Appointment Ratification Resolution — Human Resources: Resolution No.
2005-RO480 ratifying the appointment of Debra Shepherd to the Civil
Service Commission.
RESOLUTION NO.2005-RO480
WHEREAS, Section 143.006 of the Local Government Code requires
appointment of persons to the Civil Service Commission of the City of Lubbock to be
made by the municipality's chief executive and confirmed by the municipality's
governing body; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby confirms the appointment,
by City Manager Lee Ann Dumbauld, of Debra Shepherd for a term of office of three
years, as a member of the Civil Service Commission of the City of Lubbock.
Passed by the City Council this 13`h day of October, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
Debra Shepherd is the Assistant Director of Human Resources for Lubbock
Regional MHMR and is very knowledgeable of municipal civil service
statutes. Ms. Shepherd served as a Civil Service Commissioner from March
27, 1997 through October 1997 and served as Civil Service Chairperson from
October 1997 through October 2004. With this appointment, her term of
office will begin on October 13, 2005. She will serve a three-year term as
outlined in Local Government Code Chapter 143.
Commission members ratify rules and standards applicable to classified civil
service positions in the Fire and Police Departments and the enforcement and
effect of the Civil Service statutes. Members are appointed by the City
Manager pursuant to Texas Local Government Code 143.006 and ratified by
the governing body.
The term for these appointments is three years and the meetings are held as
needed. There are three members of the Commission as required by statute.
Scott Snider is the Commission Director.
Ratify City Manager's appointment to this position.
4.30. Appointment Declaration — City Secretary: Declare one appointment to
the Lubbock Housing Authority.
The Lubbock Housing Authority has seven members. All are appointed
directly by the Mayor, pursuant to Texas Housing Authority Law (Texas
Local Government Code 392.0331) without confirmation from City Council.
The Mayor has appointed one new member.
Housing Authority: Dr. Juan Munoz, new appointee
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4.31. Cooperative Purchase Resolution — Traffic Engineering: Resolution No.
2005-RO481 for Electronic Traffic Detection Equipment.
RESOLUTION NO.2005-RO481
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of the property described as
Electronic Traffic Detection Equipment (the "Property"), being further described in that
certain Paradigm Traffic Systems, Inc. Quotation and H-GAC Contract Pricing
Worksheet, from Paradigm Traffic Systems, Inc. of Fort Worth, Texas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Purchasing Manager or his/her designee, BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock any and all purchase
orders and related documents regarding the purchase of the Property.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman
Purchasing & Contract Manager
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
This item is for the purchase of electronic traffic detection equipment through
the Houston -Galveston Area Council (H-GAC) Cooperative Purchasing
Program for signalized intersections along Milwaukee Avenue at the Canyon
West entrance, Marsha Sharp Freeway, and Spur 327. This equipment will
detect vehicles in all lanes, which will improve safety to the driving public
and provide for smooth traffic flow on Milwaukee Avenue.
H-GAC is a regional planning commission created under Acts of the 591h
Legislature, Regular Session, 1965, re -codified as Texas Local Government
Code, Chapter 391.
FISCAL IMPACT
A total of $9,000,000 was appropriated with $5,422,259 available in Project
Number 90405 (Milwaukee Avenue) for this purpose.
Staff recommended purchase from Paradigm Traffic Systems of Fort Worth,
Texas for $37,188 through the Houston -Galveston Area Council Purchasing
Cooperative authorized by City Council Resolution No. 4864.
4.32. This item was considered after Council reconvened at 10: 37 A.M. in
Work Session
4.33. This item was considered following Item 4.28.
Regular City Council Meeting
October 13, 2005
Page 389
4.34. Resolution No. 2005-RO482 - BID #05-085/BM — Health Department: for
HIV Test Kits — Annual Pricing.
RESOLUTION NO.2005-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 Letter of Award for HIV
Test Kits — annual pricing per ITB #05-085-BM, by and between the City of Lubbock
and Bio-Rad Laboratories, Inc. of Redmond, Washington, and related documents. Said
Letter of Award is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2005-R0482.
This bid establishes annual pricing for Human Immunodeficiency Virus (HIV)
test kits for detection of HIV one-half plus O antibodies used to screen
sexually transmitted disease patients for HIV infection. Testing for the HIV
one-half plus O antibody is necessary to stop the spread of the deadly sexually
transmitted disease in the community. By testing for HIV infection and
informing and educating the public, decreased cost of long-term patient care
should result. This annual pricing contract will establish firm pricing for a
period of two years.
FISCAL IMPACT
A total of $16,500 was appropriated with $16,500 available in Account
Number 5417.8304, Health Chemical Supplies, for this purpose.
Staff recommended bid award to Bio-Rad Laboratories, Inc. of Redwood,
Washington for $15,120.
4.35. Resolution No. 2005-RO483 - BID #05-111/BM -- Police Patrol: for Police
Body Armor — Annual Pricing.
RESOLUTION NO.2005-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 Letter of Award for police
body armor — annual pricing per ITB #05-111-13M, by and between the City of Lubbock
and Galls of Lexington, Kentucky, and related documents. Said Letter of Award is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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Page 390
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Dale Holton
Chief Dale Holton, Police Department
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2005-R0483.
This bid establishes annual pricing for replacing worn or damaged body armor
to ensure the safety of Lubbock police officers. Pricing is firm for a period of
up to three years with an option to renew for two additional one-year periods.
Fifteen local businesses were notified of the Invitation to Bid.
FISCAL IMPACT
A total of $322,894 was appropriated with $85,499 available in Account
Number 5735.8123, Police Patrol Uniforms, for this purpose.
Staff recommended bid award to Galls of Lexington, Kentucky for
$21,119.36.
4.1. Approval of Prior Meetings Minutes:
Regular — September 8, 2005
Regular — September 21, 2005
Emergency— September 21, 2005
Emergency — September 25, 2005
Council Member DeLeon requested this item be pulled to address Item 36 and
Item 42 of the September 8, 2005 Regular City Council Meeting. Mayor Pro
Tern Martin pointed out that the minutes accurately reflected Council's
actions on Item 36.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Gilbreath to approve the revised version of Item 4.1 as presented to Council.
Motion carried: 7 Ayes, 0 Nays.
4.5. Budget Amendment #1 2nd Reading - Finance: ORDINANCE NO.
2005-00112—Amending the FY 2005-06 budget respecting 1) the General
Fund, 2) the Electric Fund, 3) the Water Fund, and 4) the Transit Fund.
ORDINANCE NO. NO.2005-00112
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING 1) ELECTRIC FUND; 2) WATER FUND; 3) GENERAL
FUND; AND 4) GRANT FUND. (AMENDMENT #1)
1) Transfer $160,000 from the Water Fund to the Electric Fund for
modifications to the Banner billing system associated with an average
winter consumption water rate structure.
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Page 391
2) Accept and appropriate a $373,151 grant from the Texas State Library
and Archives Commission to provide for operation of the offices and
personnel of the West Texas Library System.
Funding in the amount of $373,151 will be received. This grant funds
operation of the West Texas Library System, including personnel and
benefits, travel, supplies, and indirect costs.
No City matching funds are required.
3) Accept and appropriate an $80,000 grant from the Texas State Library
and Archives Commission to provide technical assistance to area
libraries.
Funding in the amount of $80,000 will be received. This grant funds
personnel, benefits, travel, supplies, and indirect costs.
No City matching funds are required.
4) Accept and appropriate a $77,605 grant from the Texas State Library
and Archives Commission to provide for operation of the offices of the
Interlibrary Loan Office.
Funding in the amount of $77,605 will be received. This grant funds
the interlibrary loan office, including personnel, benefits, travel,
supplies, and indirect costs.
No City matching funds are required.
5) Accept and appropriate a $50,251 grant from the Texas Department of
State Health Services to provide for HIV/AIDS Surveillance.
Funding in the amount of $50,251 will be received. This grant funds
the active surveillance and reporting activities for Human
Immunodeficiency Virus/Acquired Immunodeficiency Syndrome
(HIV/AIDS) — includes personnel, benefits, travel, and supply costs.
No City matching funds are required.
6) Accept and appropriate a $349,318 grant from the Texas Department
of State Health Services to provide for CPS Bioterrorism
Preparedness.
Funding will be received in the amount of $349,318. The program is
designed to upgrade and integrate state and local public health
jurisdictions' preparedness for, and response to, terrorism and other
public health threats and emergencies — includes personnel, benefits,
travel, equipment, supplies, and contractual costs.
No City matching funds are required.
7) Accept and appropriate a $199,760 grant from the Texas Department
of State Health Services to provide for CPS Bioterrorism Preparedness
Lab.
Funding will be received in the amount of $199,760. The program will
provide assistance in upgrading state and local public health
jurisdictions' preparedness for, and response to, terrorism and other
public health threats and emergencies. This will also enhance the
ability of hospitals and health care systems to prepare for, and respond
to, bioterrorism and other public health emergencies — includes
personnel, benefits, travel, equipment, and supplies.
No City matching funds are required.
8) Accept and appropriate a $3,050 grant from the Texas Department of
State Health Services to provide for Milk and Dairy Product Services
Equipment.
Funding will be received in the amount of $3,050 for the purchase of
equipment and supplies to further enhance the laboratory analyses of
milk samples.
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No City matching funds are required.
9) Accept and appropriate a $59,277 grant from the Texas Department of
State Health Services to provide for the Regional and Local Services
Section.
Funding will be received in the amount of $59,277. The program will
improve or strengthen local public health infrastructure by utilizing
resources provided to conduct activities and services that provide or
support the delivery of essential public health services — includes
funding for personnel and benefits.
No City matching funds are required.
10) Accept and appropriate a $138,264 grant from the Texas Department
of State Health Services to provide immunizations.
Funding will be received in the amount of $138,264. The program will
prevent, control, and eliminate vaccine —preventable diseases by
providing and administering biologicals, promoting immunizations,
conducting vaccine -preventable disease surveillance, assessing vaccine
coverage levels, and applying principles of epidemiology and outbreak
control measures within budgetary constraints — includes funding for
personnel and benefits.
No City matching funds are required.
11) Accept and appropriate a grant from the Texas Department of State
Health Services in an amount not to exceed $14,000 to provide for
Milk and Dairy Products Services.
Funding will be reimbursed in an amount not to exceed $14,000. The
program provides laboratory analysis of milk samples and is
reimbursed per test.
No City matching funds are required.
12) Accept and appropriate a $200,000 grant from the Texas Department
of Transportation to provide for the STEP Program and transfer
$100,000 from the General Fund to fund the City's portion and
$100,000 being reimbursed from the granting agency.
Funding for this grant is made up of a $100,000 match from the
General Fund and a $100,000 reimbursement from the granting
agency. The program combines the Driving While Intoxicated STEP
Program and the SPEED STEP Program. This is a grant program
utilizing off -duty personnel working overtime to detect and arrest
alcohol and drug impaired drivers within targeted areas of the city.
The City's portion for FY 2005-06 was funded in the Police
Department's operating budget. This funding will be moved to the
grant fund for the City's match.
Staff recommended approval of the second reading of this ordinance.
Jeff Yates, Chief Financial Officer, and City Manager Dumbauld explained to
Council the reason for the amendment.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Price to pass on second and final reading Ordinance No. 2005-00112 with the
following addition:
• Appropriate a $280,000 grant from the Office of Justice programs for
the purchase of specialized training equipment to be used to improve
the City's capability to respond to all hazards, including acts of
terrorism, and
• Staff is directed to request reimbursement from previous purchases
made under this program with estimated revenues increased
accordingly.
Motion carried: 7 Ayes, 0 Nays.
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Page 393
4.7. Ordinance Amendment 2na Reading - Finance: ORDINANCE NO.
2005-00115—Amending Chapter 23 of the Code of Ordinances in regard
to solid waste rates.
ORDINANCE NO. 2005-00115
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING
SUBSECTION 23-21(b) OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK BY REVISING SOLID WASTE COLLECTION RATES AS CONTAINED
THEREIN: PROVIDING A SAVING CLAUSE AND PROVIDING FOR
PUBLICATION.
A surcharge of $2 per ton for all waste generated outside the city limits and
disposed of at the designated City landfill is included in the current ordinance.
This surcharge has not been collected at the landfill for many years.
Therefore, the surcharge is eliminated from the ordinance.
FISCAL IMPACT
The surcharge is not currently collected. Anticipated revenue was not
budgeted in the adopted FY 2005-06 Solid Waste Fund Budget.
Staff recommended approval of the second reading of this ordinance.
City Manager Dumbauld and Jeff Yates, Chief Financial Officer, gave
comments and answered questions from Council.
Motion was made by Council Member Boren, seconded by Mayor Pro Tern
Martin to pass on second and final reading Ordinance No. 2005-0115 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
4.17. Contract Resolution — Community Development: Resolution No.
2005-RO484 authorizing the Mayor to execute a Community Development
Funding Contract from the Community Development Block Grant, and
all related documents, between the City and WorkSource.
RESOLUTION NO.2005-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 WorkSource (Direct
Childcare Assistance) 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.
Passed by the City Council this 131h day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
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A copy of the contract is filed with Resolution No. 2005-R0484.
Grantee: WorkSource
Program: Direct Child Care Assistance
Funding Source: FY 2005-06 Community Development Block Grant
Use of Funds: The funds for this program will be used for childcare for
CDBG-eligible low -to -moderate income families seeking job training,
employment, or education. Funds will be used to provide childcare for such
agencies as Early Learning Centers, Catholic Family Services, and Christian
Women's Services.
Amount: $29,735
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Term: October 1, 2005 through September 30, 2006
Comments: Funding for this contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
FISCAL IMPACT
No impact to general fund; 100% grant funded.
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2005-RO484 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Council Member Boren recused himself.
4.18. Contract Resolution — Community Development: Resolution No.
2005-RO485 authorizing the Mayor to execute a Community Development
Funding Contract from the Community Development Block Grant, and
all related documents, between the City and the YWCA for Youth
Challenger-ED Program.
RESOLUTION NO.2005-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 YWCA (Youth
Challenger — 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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Page 395
Passed by the City Council this 131h day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2005-R0485.
Grantee: YWCA
Program: Youth Challenger—ED Program
Funding Source: FY 2005-06 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: $23,750
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Term: October 1, 2005 through September 30, 2006
Comments: Funding for this contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
FISCAL IMPACT
No impact to general fund; 100% grant funded.
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2005-R0485 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Mayor Pro Tern Martin recused himself.
4.19. Contract Resolution — Community Development: Resolution No.
2005-R0486 authorizing the Mayor to execute a Community Development
Funding Contract from the Community Development Block Grant, and
all related documents, between the City and the YWCA for Child Care
Program.
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Page 396
RESOLUTION NO.2005-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 (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.
Passed by the City Council this 131h day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Executive Director of Community Development
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2005-R0486.
Grantee: YWCA
Program: Child Care Services
Funding Source: FY 2005-06 Community Development Block Grant
Use of Funds: The funds for this program will be used to provide partial
funding scholarships for childcare and after school care for CDBG-eligible
low -to -moderate income families so they can pursue work, school, or job
training.
Amount: $57,000
Match: 25%
Return of Investment: Not required for Community Development Public
Service
Term: October 1, 2005 through September 30, 2006
Comments: Funding for this contract was approved by City Council at the
June 23, 2005 City Council meeting. The contract is available for review in
the City Secretary's Office.
FISCAL IMPACT
No impact to general fund; 100% grant funded.
Staff recommended approval of this resolution.
Motion was made by Council Member Jones, seconded by Council Member
DeLeon to pass Resolution No. 2005-RO486 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Mayor Pro Tem Martin recused himself.
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4.28. Lease Agreement Resolution — Civic Centers: Resolution No. 2005-RO487
authorizing the Mayor to execute a lease agreement between the City and
South Plains Professional Hockey Club, Ltd. to use the Municipal
Coliseum for the presentation of professional hockey games and other ice
skating related activities.
RESOLUTION NO.2005-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 Lease Agreement with South
Plains Professional Hockey Club, Ltd., and any associated documents. Said Lease
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, 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/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Lease Agreement is filed with Resolution No. 2005-R0487.
In November 1998, the City entered into a five-year Coliseum lease
agreement with the South Plains Professional Hockey Club to present
professional ice hockey in Lubbock. The expiration date of the lease was
April 30, 2004. The agreement gave the Hockey Club an option to renew and
extend the term of the agreement for an additional five seasons, contingent on
the re -negotiation of certain terms of the agreement, such as building rent,
novelties, and ticketing. The lease agreement has been revised, incorporating
the re -negotiated terms. Key components of the Coliseum lease agreement
are:
1. The term of the lease agreement will be from September 1, 2005
through April 30, 2006 with an option to renew annually for up to
three additional seasons with written notice to the City by April 1 sc
each year.
2. The Hockey Club will pay building rent in the amount of $1,950 per
game. The initial lease provided for rent credits during the term of the
agreement in order for the hockey franchise to recoup the major capital
improvements they made to the Coliseum, i.e. the installation of the
ice floor, ice plant, and equipment required to present ice hockey. This
rental fee is consistent with what other teams are paying, given that the
hockey franchise will continue to provide the Rink Manager and
personnel to maintain the ice surface during all of their ice activities,
including construction of the ice at the beginning of the season. There
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will be no charge for practice or ancillary skating activities and usage
is subject to building availability.
3. The Hockey Club will continue to retain 100% of their merchandising
and novelty sales.
4. The Hockey Club will continue to retain 100% of the parking revenue
and will be responsible for expenses to administer paid parking on the
Coliseum lot during their events.
5. The Hockey Club will continue to retain 100% of their temporary
advertising signage and will share any permanent or year round
advertising revenue on a 50150 basis with the City.
6. Regarding concessions sales from the hockey games, the City will
retain the first $55,000 in commissions received from the
concessionaire. Any commissions received by the City over and above
the $55,000 shall be paid to the hockey franchise. Under the initial
agreement, the City retained 100% of the commissions. The $55,000
in commissions to be retained by the City would be consistent with the
sales generated for the 2003/2004 Season.
7. The City will pay the electric utilities on the ice plant up to $50,000,
and will maintain the ice plant. The hockey franchise shall be
responsible for any utility cost over and above the $50,000. The initial
lease agreement provided for the hockey franchise to pay the utilities
on the ice plant. With the expiration of the initial lease agreement, the
ice plant now belongs to the City. The building rent should offset the
cost of the ice plant utilities and maintenance of the ice plant.
8. The hockey franchise will use Select -a -Seat for the sale of their tickets,
the terms of which will be outlined under a separate agreement with
Civic Lubbock, Inc.
FISCAL IMPACT
The estimated per game operational cost to the City is approximately $3,500,
with the rental fee of $1,950 per game, the loss to the City will be
approximately $1,550 per game or $51,150 annually. The $32,802 previously
owed by the South Plains Professional Hockey Club, Ltd. has been paid.
Staff recommended approval of the revised Coliseum lease agreement.
Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem
Martin to pass Resolution No. 2005-RO487 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Council Member Boren recused himself.
4.33. Resolution No. 2005-RO488 - BID #05-114/MA — Facilities Management:
for Construction of Fire Station Number 8.
RESOLUTION NO.2005-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 Contract for the
construction of new fire station #8, Bid #05-114-MA, by and between the City of
Lubbock and Minnix Commercial Partners, Ltd. of Lubbock, Texas, 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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Passed by the City Council this 13th day of October, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer
Harlan Stauffer, Facilities Manager
APPROVED AS TO FORM:
/s/ John M. Kni Wit
John M. Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of October, 2005, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Minnix Commercial Partners, Ltd., of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #05-114-MA - CONSTRUCTION OF NEW FIRE STATION #8 - $1,141,440.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
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CONTRACTOR:
Minnix Commercial Partners, Ltd.
By: /s/ Timothy J. Minnix
PRINTED NAME: Timothy J. Minnix
TITLE: General Partner
COMPLETE ADDRESS:
Minnix Commercial Partners, Ltd.
PO Box 64895
Lubbock, TX 79464-4895
ATTEST:
/s/
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Harlan D_ Stauffer
Owner's Representative
/s/ Quincy White
Director
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
This project involves the construction of Fire Station Number 8. The old
station is out -dated and cannot accommodate new fire engine models. The old
station will be demolished through another contract and the new station will
be constructed at the same location. Due to the larger size of the new station, a
vacant lot next to the existing site will be used to accommodate the new fire
station.
Time for completion of this project is 240 consecutive calendar days and
liquidated damages are $350 per day.
Sixty local businesses were notified of the Invitation to Bid.
FISCAL IMPACT
A total of $1,485,000 was appropriated with $1,279,266 available in Capital
Improvement Project #90372, New Fire Station #8, for this purpose.
Staff recommended bid award to Minnix Commercial Partners, Ltd. of
Lubbock, Texas for $1,141,440.
Steve Haley, Fire Chief, gave comments and answered questions from
Council.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Gilbreath to pass Resolution No. 2005-RO488 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
4.36. RFQ #05-068NK — Water Engineering: for Engineering Services for
Major Water Line Replacement.
This item was deleted.
4.37. RFQ #05-099NK — Finance: for Investment Advisory Services.
This item was deleted.
5. REGULAR AGENDA
5.1. Public Hearing (Second Hearing) - 10:00 AM — Planning: Consider
annexation of a tract of land within the current limits of the Lubbock
Preston Smith International Airport, located at an area bounded
approximately by the short north/south runway on the west, the east/west
runway on the north, a line west of the water treatment facility on the
east, and Bluefield Avenue on the south (East Port).
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Regular City Council Meeting
October 13, 2005
Page 401
Mayor McDougal opened the public hearing at 10:02 a. m. No one appeared
on behalf of the annexation. No one appeared in opposition. Mayor
McDougal closed the hearing at 10:03 a. in.
Anita Burgess, City Attorney, answered questions from Council.
In 1983, portions of the Lubbock Preston Smith International Airport (LPSIA)
and property owned by the Texas A&M Extension Service north of the
Airport were annexed to allow extension of water to the A&M facility.
Annexation of parts of the Airport was necessary to provide a contiguous
landmass to access the A&M office complex on FM 1294. At the time, the
proposal to annex all of the Airport property, and the areas referred to as East
Port and West Port where private aviation activities and other industrial
activities were in place, created a contentious hearing by those individuals not
wanting to be annexed and subject to city taxes. Since the initial objective was
to provide water to the A&M facility, the annexation area was reduced to
include only the runways, vacant areas, and the new airline passenger terminal
building.
Recently, both the Planning and Aviation Departments have discussed the fact
that Airport tenants are receiving city services as tenants on city -owned land
(the services include water, sewer, fire protection, and police), but they are not
tax paying entities of the city. Airport tenants are responsible for paying for
their own water and sewer bills, but the items provided from the general fund
(City police and the Fire Department) are not paid for in their contracts as
additional rent and are not available to any other business locations outside the
city due to City Council policy. The Airport provides crash/rescue service and
security.
Since the discussion has been resurrected, a number of the fixed -wing aircraft
owners with airplanes based at the Airport have submitted an opposition letter
suggesting that since they are rent paying tenants, they should be allowed to
remain outside the city limits and receive services paid by the tax base. As
noted during the discussion during adoption of the resolution, no other
businesses within the city have the same privilege and each of them pays
either rent or a mortgage on their building and land. Not discussed at the
meeting, when the resolution was adopted, is the fact that if an airplane is
based at LPSIA and is personal property, or is owned by a tax exempt
organization, no additional taxes will apply to the plane. The City portion of
taxes included as sales tax in fuel would apply to all fuel sales. The only
affected aircraft are those owned by businesses that are subject to the business
personal tax, as they are now by the other taxing entities within Lubbock
County. Whether the additional taxable property will cause planes or
businesses to leave or remain will be a moving target since many other factors
are involved in an owner's choice of where to hanger — cost of fuel, taxable
basis at alternative sites, current charges by fixed based operations for rent,
and other considerations.
In addition, the Lubbock Police Department has no jurisdiction in the areas
known as East Port and West Port. The Airport Police do have jurisdiction and
respond to calls in these areas. If a major crime were to occur in the areas
under discussion, the responsibility for handling the crime scene and
investigation would be the Airport Police and the Sheriff's Department.
One additional item that has been discussed since the process began is the
potential impact of the additional city tax rate for either businesses or taxable
aircraft on the revenue stream of the Idalou School District. The
Superintendent has been provided with all of the available information, and
the School Board will meet on October 12, 2005. Whether they will choose to
make a public comment is yet to be determined.
FISCAL IMPACT
The public hearing does not have a fiscal impact. The possible impact for
revenue from taxable business personal items to the City, if both areas are
annexed, is approximately $93,000.
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Regular City Council Meeting
October 13, 2005
Page 402
The Airport Advisory Board has discussed the issue of annexation and does
not object, should City Council take action to annex.
The process is a petition annexation, with the single and majority landowner
being the City submitting the annexation request. The City's petition supports
the concept of tax equity between the airport tenants and other city business
operators. Staff is recommending the area be annexed.
5.2. Public Hearing (2nd Hearing) - 10:00 AM — Planning: Consider
annexation of a tract of land within the current limits of the Lubbock
Preston Smith International Airport, located at an area bounded by I-27
on the west, the current city limits south of the Tyco installation on the
north, the center of the north/south runway on the east, and Bluefield
Avenue on the south (West Port).
Mayor McDougal opened the public hearing at 10:05 a. in. No one appeared
on behalf of the annexation. No one appeared in opposition. Mayor
McDougal closed the hearing at 10:06 a. in.
Anita Burgess, City Attorney, answered questions from Council.
In 1983, portions of the Lubbock Preston Smith International Airport (LPSIA)
and property owned by the Texas A&M Extension Service north of the
Airport were annexed to allow extension of water to the A&M facility.
Annexation of parts of the Airport was necessary to provide a contiguous
landmass to access the A&M office complex on FM 1294. At the time, the
proposal to annex all of the Airport property, and the areas referred to as East
Port and West Port where private aviation activities and other industrial
activities were in place, created a contentious hearing by those individuals not
wanting to be annexed and subject to city taxes. Since the initial objective was
to provide water to the A&M facility, the annexation area was reduced to
include only the runways, vacant areas, and the new airline passenger terminal
building.
Recently, both the Planning and Aviation Departments have discussed the fact
that Airport tenants are receiving city services as tenants on city -owned land
(the services include water, sewer, fire protection, and police), but they are not
tax paying entities of the city. Airport tenants are responsible for paying for
their own water and sewer bills, but the items provided from the general fund
(City police and the Fire Department) are not paid for in their contracts as
additional rent and are not available to any other business locations outside the
city due to City Council policy. The Airport provides crash/rescue service and
security.
Since the discussion has been resurrected, a number of the fixed -wing aircraft
owners with airplanes based at the Airport have submitted an opposition letter
suggesting that since they are rent paying tenants, they should be allowed to
remain outside the city limits and receive services paid by the tax base. As
noted during the discussion during adoption of the resolution, no other
businesses within the city have the same privilege and each of them pays
either rent or a mortgage on their building and land. Not discussed at the
meeting, when the resolution was adopted, is the fact that if an airplane is
based at LPSIA and is personal property, or is owned by a tax exempt
organization, no additional taxes will apply to the plane. The City portion of
taxes included as sales tax in fuel would apply to all fuel sales. The only
affected aircraft are those owned by businesses that are subject to the business
personal tax, as they are now by the other taxing entities within Lubbock
County. Whether the additional taxable property will cause planes or
businesses to leave or remain will be a moving target since many other factors
are involved in an owner's choice of where to hanger — cost of fuel, taxable
basis at alternative sites, current charges by fixed based operations for rent,
and other considerations.
In addition, the Lubbock Police Department has no jurisdiction in the areas
known as East Port and West Port. The Airport Police do have jurisdiction and
respond to calls in these areas. If a major crime were to occur in the areas
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Regular City Council Meeting
October 13, 2005
Page 403
under discussion, the responsibility for handling the crime scene and
investigation would be the Airport Police and the Sheriff's Department.
One additional item that has been discussed since the process began is the
potential impact of the additional city tax rate for either businesses or taxable
aircraft on the revenue stream of the Idalou School District. The
Superintendent has been provided with all of the available information, and
the School Board will meet on October 12, 2005. Whether they will choose to
make a public comment is yet to be determined.
FISCAL IMPACT
The public hearing does not have a fiscal impact. The possible impact for
revenue from taxable business personal items to the City, if both areas are
annexed, is approximately $93,000.
The Airport Advisory Board has discussed the issue of annexation and does
not object, should City Council take action to annex.
The process is a petition annexation, with the single and majority landowner
being the City submitting the annexation request. The City's petition supports
the concept of tax equity between the airport tenants and other city business
operators. Staff is recommending the area be annexed.
5.3. This item was considered following Item 5.8.
5.4. Ordinance 2"d Reading - Finance: ORDINANCE NO. 2005-00113—
Amending Chapter 28 of the Code of Ordinances in regard to water
rates.
ORDINANCE NO.2005-00113
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS
28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK
BY REVISING WATER RATES AS CONTAINED THEREIN: PROVIDING A
SAVING CLAUSE AND PROVIDING FOR PUBLICATION.
In September 2002 the City Council approved a 3% rate increase for four
years through October 1, 2005. This is the last year of the approved rate
increase for the Water Fund. This rate increase is necessary and was included
in the Water Rate Model presented to City Council during the FY 2005-06
proposed budget process.
FISCAL IMPACT
The adopted FY2005-06 Water Fund budget plans for the scheduled 3% rate
increase.
Staff recommended approval of the second reading of this ordinance
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to pass on second and final reading Ordinance No. 2005-00113
as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.5. Ordinance 2"d Reading — Right -of -Way: ORDINANCE NO.
2005-00110—Abandoning and closing a storm water storage easement
located on Lot 346, Green Lawn Addition, and two drainage easements
located in Section 5, Block E-2, Lubbock County, Texas located at 2604
Dover Avenue.
ORDINANCE NO.2005-00110
-- AN ORDINANCE ABANDONING AND CLOSING TWO DRAINAGE
EASEMENTS LOCATED IN SECTION 5, BLOCK E-2, LUBBOCK COUNTY,
TEXAS, AND A STORMWATER STORAGE EASEMENT LOCATED ON LOT 346,
GREEN LAWN ADDITION TO THE CITY OF LUBBOCK, 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.
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Regular City Council Meeting
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Page 404
This ordinance abandons and closes a storm water storage easement located
on Lot 346, Green Lawn Addition, south of 26th street, west of Dover Avenue,
that was dedicated by plat in Volume 1217, Page 248 of the Lubbock County
Deed Records and closes two 20 x 100 foot drainage easements that are
located on the west side of Dover Avenue at 28th Street and just north of 291h
Drive. This ordinance was read for the first time at the September 8, 2005 City
Council meeting as a routine consent agenda item.
FISCAL IMPACT
None.
Staff recommended approval of the second reading of this ordinance.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Price to pass on second and final reading Ordinance No. 2005-00110 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.6. Ordinance V Reading — Right -of -Way: Ordinance No. 2005-00122
abandoning and closing a 20-foot alley located in Block 112, Overton
Addition to the City of Lubbock located at 1801 7th Street.
ORDINANCE NO.2005-00122
AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT ALLEY
LOCATED IN BLOCK 112, OVERTON ADDITION TO THE CITY OF LUBBOCK,
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.
This alley portion in the Overton Addition is being closed as part of the
McDougal North Overton redevelopment project. The one -block area that
includes the alley closure, located between 7th Street, Glenna Goodacre
Boulevard, and Avenues R and S, is being replatted into Tract 18, Overton
Park Addition. Since McDougal Construction was not the original dedicator
of the alley area being closed, they will be charged for the closure. The total
area of alley being closed is 5,000 square feet. The adjacent properties are
zoned R-2 residential and the Right -of -Way Department has determined a
value of $1 per square foot for the closed alley area. The amount due to the
City for this alley closure is $5,000 ($1 x 5,000 square feet).
FISCAL IMPACT
$5,000 revenue to the City.
Staff recommended approval of the first reading of this ordinance.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass on first reading Ordinance No. 2005-00122 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal recused himself.
5.7. Budget Amendment #2 1" Reading — Finance: Ordinance No. 2005-00123
amendment #2 amending the FY 2005-06 budget respecting the Transit
Fund.
ORDINANCE NO.2005-00123
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE 1) TRANSIT FUND; 2) WATER FUND; AND 3)
WASTEWATER FUND. (AMENDMENT #2)
Accept a $31,943 grant from the Texas Department of Transportation to
provide for mass transportation services to elderly individuals with
disabilities, and appropriate the additional $10,940.
The original grant was for $21,003; however, TxDOT has increased the
funding of this grant to $31,943. The original grant funds were approved with
the FY 2005-06 budget.
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Regular City Council Meeting
October 13, 2005
Page 405
FISCAL IMPACT
No City matching funds are required.
Staff recommended approval of the first reading of this ordinance.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass on first reading Ordinance No. 2005-00123 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
5.8. Grant Management Agreement Resolution — Business Development:
Resolution No. 2005-RO489 authorizing the Mayor to execute a grant
management agreement with the North and East Lubbock Community
Development Corporation.
RESOLUTION NO.2005-RO489
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 Management
Agreement, by and between the City of Lubbock and the North and East Lubbock
Community Development Corporation, 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 13`h day of October, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Director of Business Development
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2005-R0489.
The City has contracted with the North and East Lubbock Community
Development Corporation (CDC) for the past two fiscal years to oversee and
promote economic development in North and East Lubbock. This is the third
year of the grant to the CDC. The term of the agreement is one year,
beginning October 1, 2005 and ending on September 30, 2006.
FISCAL IMPACT
The grant amount is $250,000 and is included in the FY 2005-06 budget.
Staff recommended approval of this resolution.
Concerns were expressed from Council regarding funding this project before
mineral rights issues on the land are resolved. Nancy Haney, Executive
Director of Community Development, stated her concerns were that the
project has to be completed by building fifteen homes on the land or the
Department of Housing and Urban Development (HUD) would require the
City of Lubbock to refund the grant money.
John Hall, Executive Director of the North and East Lubbock Community
Development Corporation gave comments and answered questions from
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Regular City Council Meeting
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Page 406
Council. Assisting Hall in answering questions were Richard Casner,
Assistant City Attorney, and Rob Allison, Manager of Business and
Neighborhood Development.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2005-RO489 with an amendment to not fund the
project until the Memorandum of Understanding and/or Surface Agreement is
complete. Motion carried: 7 Ayes, 0 Nays.
5.3. Public Hearing — 10:15 AM — Business Development: Hold a public
hearing to consider the creation of a Public Improvement District for
Willow Bend that includes the east half of Section 3, Block D6, Lubbock
County, Texas generally bounded by 41h Street, Inler Avenue, 19ih Street
and the west line of the east half of Section 3, Block D6, Lubbock County,
Texas.
This item was continued to October 27, 2005 at 10:30 a.m.
Mayor Pro Tern Martin opened the public hearing at 10:23 a. m. No one
appeared on behalf of a Public Improvement District for Willow Bend. No
one appeared in opposition.
Rob Allison, Manager of Business and Neighborhood Development,
recommended that Council continue this public hearing until 10:30 a.m. on
October 27, 2005. The notices that were mailed out for this public hearing
had an incorrect address of the property/boundary description, which has been
corrected. New notices were mailed out October 7, 2005, which met the
statue of requirements for the public hearing.
Mayor Pro Tern Martin agreed to continue the public hearing and closed the
hearing at 10:25 a. m.
The purpose of this hearing is to present information to the City Council
regarding the advisability of establishing a Public Improvement District (PID)
pursuant to Chapter 372 of the Texas Local Government Code. The hearing
also allows property owners in the proposed district the opportunity to speak
in favor of, or opposition to, the creation of a PID. The Willow Bend PID
District is a defined assessment area providing specific types of services for a
given area. City Council approved the calling of a public hearing at their
September 8, 2005 meeting. A Notice of Public Hearing was published in the
Lubbock Avalanche Journal on Friday, September 23, 2005 and notices were
mailed to the property owners on September 23, 2005 as required by statute.
The general boundaries stated in the notices published in the Avalanche
Journal and mailed to the property owners had an error; therefore, the
corrected notice was published in the Avalanche Journal on October 7, 2005
and corrected notices were mailed to the property owners on October 7, 2005.
FISCAL IMPACT
Not applicable.
Mayor McDougal recused himself.
5.9. Nomination Resolution — City Secretary: Resolution No. 2005-RO490 to
nominate Board Members to serve as Appraisal District Directors for the
Lubbock Central Appraisal District.
RESOLUTION NO.2005-RO490
WHEREAS, Section 6.03 of the Tax Code of the State of Texas applies to and is
controlling on the City of Lubbock, Texas, as a taxing unit; and
WHEREAS, there is created under the provisions of this statute, a Board of
Directors to govern the Appraisal District. The City of Lubbock is desirous of
nominating candidates to be placed on the ballot for election to this Board of Directors as
provided by this statute; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
H1.
Regular City Council Meeting
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Page 407
1. THAT the following persons are nominated by the governing body of the City
of Lubbock as candidates for positions on the Board of Directors of the Appraisal
District created for the County of Lubbock:
Greg Jones
Scott MacKenzie
2. THAT the names of these candidates be submitted by the Mayor to the Chief
Appraiser of the Appraisal District to be placed on the ballot for election to serve
two-year terms beginning January 1, 2006.
Passed by the City Council this 13th day of October, 2005.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld
City Manager
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice
Before October 15, 2005, the City, along with other governing bodies, is
entitled to nominate by resolution one candidate for each position to be filled
on the Board of Directors. The current Board members are: W.B. Criswell,
Arlee Jackson, Greg Jones, Scott MacKenzie, and LeRoy Montoya. All Board
members are eligible for, and willing to accept, reappointment.
The names of the nominees will be submitted to the Chief Appraiser. The City
is entitled to vote for one candidate for each position to be filled on the Board
of Directors.
Directors will serve two-year terms beginning January 1, 2006. Section 6.03,
Property Tax Code, establishes the selection process for Appraisal District
Directors. According to this section of the Code, the City is entitled to 913
votes of the total 5,000 votes.
Before October 30, 2005, the Chief Appraiser shall prepare a ballot listing the
candidates and deliver the ballot to the governing bodies that are entitled to
vote, including the City.
Before December 15, 2005, each governing body shall determine its vote by
resolution and submit to the Chief Appraiser.
The Chief Appraiser will count the votes before December 31, 2005 and
declare the five candidates who receive the largest cumulative vote totals
elected. The results will be submitted to the governing bodies and to the
candidates. The Chief Appraiser will resolve a tie vote.
FISCAL IMPACT
Not applicable.
Staff recommended approval of this resolution.
Motion was made by Council Member Boren, seconded by Council Member
Gilbreath to pass Resolution No. 2005-RO490 and utilize all 913 votes by
nominating Greg Jones and Scott MacKenzie. Motion carried: 7 Ayes, 0
Nays.
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Regular City Council Meeting
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Page 408
5.10. Board Appointments — City Secretary: Consider one appointment to the
Appointments Advisory Board and four appointments to Civic Lubbock,
Inc.
Mayor McDougal asked Council to hold on the appointment to the
Appointments Advisory Board.
Motion was made by Council Member Boren, seconded by Council Member
DeLeon to appoint Don Harigan, Don Caldwell, Kerry Sessions -Griffith, and
Louis Kelly to Civic Lubbock, Inc. Motion carried: 7 Ayes, 0 Nays.
10:27 A.M. CITY COUNCIL RECESSED AT 10:27 A.M.
10:37 A.M. CITY COUNCIL RECONVENED IN WORK SESSION
All Council member were present.
4.32. State Program Purchase Resolution — Print Shop: Resolution No.
2005-RO491 for Color Copier/ Printer.
RESOLUTION MO.2005-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 Contract for
color/copier/printer, by and between the City of Lubbock and Benchmark Business
Solutions, Inc. of Lubbock, Texas, 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, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer
Harlan Stauffer, Facilities Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2005-R0491.
This item is for the 48-month lease of a Xerox DocuColor Model 250 color
copier/printer through the Texas Building and Procurement Commission
Catalog Information Systems Vendor (CISV) Purchasing Program. The
DocuColor 250 copies 50 pages per minute, scans 65 pages per minute,
staples, folds, hole punches, and booklet binds. This equipment will replace a
five year old 12-copy per minute Xerox DocuColor Model 12 copier that is
deteriorating and experiencing increased down time for repairs.
The CISV Purchasing Program allows state agencies and political
subdivisions to purchase automated information systems products and services
in an efficient, cost effective, and competitive procurement method.
Regular City Council Meeting
October 13, 2005
Page 409
Three CISV vendors submitted proposals:
Benchmark Business Solutions, Inc.
of Lubbock, TX S1,635 per month
Quality Document Solutions, Inc.
of Midland, TX $1,704 per month
Innovative Business Systems of West Texas
of Abilene, TX $1,708 per month
FISCAL IMPACT
A total of $26,512 was appropriated with $26,512 available in Account
Number 3524.8704 (Maintenance — Other Equipment) for this purpose. The
cost per copy of the new equipment is $0.0731, compared with $0.0935 for
the current equipment. Total copy costs are estimated to be $8,323 less over
the 48-month lease period.
Staff recommended contract award to Benchmark Business Solutions, Inc. of
Lubbock, Texas for $1,635 per month.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2005-RO491 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
6. WORK SESSION
6.1. Discussion — City Engineer: Regarding the construction of sidewalk
improvements along the east side of Indiana Avenue from 19"' to 23r`'
Streets.
Larry Hertel, City Engineer, gave a presentation regarding the construction of
sidewalk improvements along the east side of Indiana Avenue from 19th to
23rd Streets. The estimated cost for the east side was $123,000 and the west
side $75,000. Council voiced several concerns of other areas of Lubbock that
are in need of sidewalk improvements. There was not a consensus to move
forward with this project. Consensus from Council was to assess all sidewalk
needs in the City of Lubbock and prepare a list of the top six projects using
criteria such as major thoroughfare areas and heavy pedestrian use. The
Mayor suggested that Mr. Hertel e-mail Council when he is ready to present
that information.
6.2. Presentation and Demonstration — City Secretary: Regarding the new
electronic voting equipment for Lubbock County and the City.
To comply with a Help America Vote Act (HAVA) mandate that goes into
effect January 1, 2006, Lubbock County has now purchased the electronic
voting equipment that will be used in Lubbock County.
City Secretary Becky Garza has asked the County Elections Administrator,
Dorothy Kennedy, to appear before City Council to demonstrate the use of the
voting equipment. Ms. Kennedy will conduct a mock election with City
Council members voting during work session. After work session, Ms.
Kennedy will have election workers stationed at City Hall to assist any
employees or citizens wishing to learn how to use the electronic voting
equipment by voting in the mock election.
Instead of using the practice election software designed by the vendor, Mayor
Pro Tern Martin suggested staff recreate the first City of Lubbock General
Election. The City Secretary has submitted the information to Ms. Kennedy so
the County Elections' staff can program the names of the candidates from the
first City of Lubbock General Election held in April 1909.
City Secretary Becky Garza gave comments and introduced County Elections
Administrator Dorothy Kennedy, who demonstrated the new voting
equipment (Hart Intercivic eSlate). Ms. Kennedy explained that there would
be at least one booth that is in compliance with the Americans with
Disabilities Act (ADA) at every polling precinct. The Disabled Accessible
Unit (DAU) will always be the last unit in a chain so that you can removed
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Regular City Council Meeting
October 13, 2005
Page 410
parts that can be carried to curb sites for voters that are unable to go inside to
vote. She then explained the procedures that each voter will go through
before voting. Ms. Garza explained to Council that as soon as the November
elections are over, she, Ms. Kennedy, and Tracey Gregory of LISD would sit
down with their superiors and take a look at requested sites for early voting.
The goal is to make sure that the same places are used for every election
during early voting. Sandy Salazar from the elections office assisted Ms.
Kennedy. Opportunity was given to those who wanted to test the machines.
Machines were set up in the hallway for other employees to practice voting.
6.3. Presentation: Miracles on 341h Street: Christmas Parade 2005,
presentation by Jason Davis, Producer.
Jason Davis, Event Architect with IdeaCentrics, gave a video presentation on
the Miracles on 34th Street: Christmas Parade 2005. The parade will be held
on December 10, 2005 at 7:00 p.m. It will start where 29th Drive intersects
with 34th Street and end at Avenue Q and 34th Street in the parking lot of the
Byron Martin Advanced Technology Center. This is the first year the parade
will be held, and Davis explained that he is coordinating with Police Chief
Claude Jones and Fire Chief Steve Haley to make this event a safe and
successful event. The merchants on 34th Street are very excited about the
event. Some of the participants would include ten local area high school
bands and the Texas Tech Lady Raiders basketball team. This would be a
great opportunity for charitable organizations to be involved and for
surrounding communities to come to Lubbock and spend some time on 34th
Street. Davis went on to say that there will be approximately 120 lighted
floats with Christmas themes. The Toys for Tots program and the United
States Marines will also be a part of this parade. Everyone who attends will
be asked to bring a toy and the Marines will line the street and walk along the
parade route and collect toys from individuals bringing toys for the Christmas
Parade. Proceeds from this parade would help various charitable
organizations such as Meals on Wheels, various Band Boosters,
Neighborhood Associations, Children's Home of Lubbock, and the Boy's
Ranch. After the parade, the Toys for Tots, U.S. Marines, and Santa Claus
would meet with children of the Children's Home and Boy's Ranch. The
parade would be prerecorded and broadcast the following week.
12:07 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
1:15 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tem
Martin adjourned the meeting immediately after Executive Session.
Read and approved this 30th day of November, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
410