HomeMy WebLinkAboutMinutes - City Council - Regular - 11/18/2005CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
November 18, 2005
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 18th
day of November, 2005, in the City Council Chambers, first floor, City Hall, 1625
l,3th Street, Lubbock, Texas at 7:30 A. M.
7:31 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tern Tom Martin, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Jim Gilbreath, Council Member Floyd Price
Absent: Council Member Phyllis Jones
1. CITIZEN COMMENTS PERIOD
1.1. Audrey Wilson Culpepper will address the City Council about water
issues in the City of Lubbock.
This item was deleted. (She was not present.)
1.2. Christy Martinez, and others, appeared before the City Council to discuss
censorship and the public access channel.
Those who addressed Council regarding censorship and the public access
channel were Christy Martinez, John Miller of 6304 CR 7405, Craig Cooley
of 2207 20th Street, and Johnnie Jones of 3110 97th Street.
Johnnie Jones also addressed Council regarding Item 5.27 on today's agenda.
Her concern was the bid process regarding the City of Lubbock's Health Plan
benefits and the amount of increase that the employee will pay.
1.3. Alice Lozada addressed the City Council about allocation of funding for
North and East Lubbock.
Alice Lozada of 122 S. Avenue N addressed Council regarding the
distribution of the remainder of the bond money that was approved by voters
in 1999. Some of the projects, of her concern, in North and East Lubbock,
were Northwest Little League Park needing renovation of the press box and in
need of new restroom facilities; the amphitheater needs to have working
restroom facilities; Atzlan Park is in need of a walking/jogging track, which is
located at 1st Street and Buddy Holley Avenue; and, the neighborhood center
in the Guadalupe neighborhood needs to be reconstructed as a
City -maintained community center.
Citizens who addressed Council regarding their concerns with funding to
North and East Lubbock were:
■ J. Jerome Johnson, West Texas Organizing Strategies
■ Martha Lucero of 5012 55th Street, West Texas Organizing Strategies
■ Jesse Boisse, West Texas Organizing Strategies
■ Davis Price of 3523 92nd Street, West Texas Organizing Strategies
■ Mike Garcia of 3211 Dartmouth
Mayor McDougal asked Deputy City Manager Tom Adams to have Parks and
Recreation Department bring to Council a cost estimate on what it would take
to update the restrooms at the Northwest Little League Complex.
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Page 488
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."
7:59 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
2.1. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071, to discuss pending or contemplated litigation or
settlement agreement, and hold a consultation with attorney (Cemetery,
Police, Water Utilities, Gas Utilities — Atmos Energy).
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 (Water Utilities).
2.3. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney,
City Manager, City Secretary) and take appropriate action.
2.4. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters regarding
duties, responsibilities, and/or appointments to: Reese Redevelopment
Authority, Structural Standards Commission, Urban Renewal Board,
Water Board of Appeals.
2.5. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
2.5.1. to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.5.2. to discuss, vote and take final action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light;
2.5.3. to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency;
2.5.4. to discuss and deliberate a competitive matter regarding the
service territory, strategic plans, regulatory options and retail
operations of the City's electric utility, Lubbock Power and Light.
2.6. 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, LEDA).
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age 489
:32 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Mayor Marc McDougal; Mayor Pro Tem Tom Martin; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Jim Gilbreath; Council Member Floyd Price; Tom Adams,
Deputy City Manager; Anita Burgess, City Attorney; and Rebecca
Garza, City Secretary
bsent: Council Member Phyllis Jones and City Manager Lee Ann Dumbauld
Mayor McDougal reconvened the meeting at 9:32 A. INI. He
recognized former Mayor, Jack Strong, and thanked him for being
here.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Dr. Jay Horton, First United Methodist 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. This item was considered following Item 3.4
3.4. Presentation of a proclamation proclaiming November as Hospice Month
in Lubbock.
Mayor McDougal invited Anah Kral, Executive Director of Vista Care, to join
him while he proclaimed November 2005 as Hospice Month in Lubbock.
Hospice organizations provide extensive medical care and support to people
with life -limiting illnesses and each year more than 700,000 terminally ill
patients and their families receive Hospice care in communities throughout the
United States. Professional and compassionate Hospice staff and trained
volunteers work together to meet the physical, emotional, and spiritual needs
of patients and their families. Family members of terminally ill patients
receive counseling and bereavement care for thirteen months following the
loss of a loved one. Vista Care offers a comprehensive Hospice care program
and reaches out to the Lubbock community to deliver this vital care to
terminally ill patients. November 2005 marks the 27th anniversary of
National Hospice Month. The Mayor encouraged the support and
participation of citizens throughout the community and raising awareness of
Hospice care. Ms. Kral gave comments.
3.3 Presentation of a proclamation proclaiming November 18, 2005 as Karin
McCay and Abner Euresti Day in Lubbock.
Mayor McDougal asked Karin McCay and Abner Euresti, co-anchors for
Channel 11 News, to join him and Council Member Boren as they proclaimed
November 21, 2005 as Karin McCay and Abner Euresti Day in Lubbock.
Karin has been co-anchoring the 6 o'clock and 10 o'clock Channel 11 News
with Abner Euresti since 1980. Karin also serves as a Health Reporter for
News Channel 11. Karin has won numerous awards and earned an Emmy
nomination for a documentary on "The Effects of Second -Hand Cigarette
Smoke". Karin and Abner both host the Children's Miracle Network Telethon
at UMC. Abner is the Managing Editor and co-anchor of Channel 11 News.
He has received many awards of excellence for reporting on education issues
and recognized by the Texas Associated Press Broadcaster's Division for his
work at News Channel 11. McDougal and Boren encouraged all citizens of
Lubbock to recognize and appreciate the many accomplishments of McCay
and Euresti, and thank them for 25 years of outstanding journalism and
community service.
After watching a video presentation on the 25 years service of McCay and
Euresti, the Lubbock County Commissioners made a presentation to them.
Commissioners present were Bill McCay, Precinct 1; James Kitten, Precinct
2; Ysidro Gutierrez, Precinct 3; and, Patti Jones, Precinct 4.
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Page 490
McCay and Euresti gave comments and thanked everyone for letting them
come into their homes for 25 years.
3.5. Board Appointment Recognition:
3.5.1. Civil Service Commission
Debra Shepherd (unable to attend)
3.5.2. Entertainment Lubbock Task Force Standing Sub -Committee
Jim Bertram (unable to attend), Virgil Johnson, Velma Medina (unable
to attend), Dick Milam, Phil Price (unable to attend), and James
Douglass
3.5.3. This item was considered following Item 3.5.9.
3.5.4. Appointments Advisory Board
Tracy Bacon, Sharon Bass, Steve Siege, and Shay Wallace
3.5.5. Board of Health
Dana Craig (unable to attend)
3.5.6. Community Development & Services Board
Angela Taylor
3.5.7. Planning & Zoning Commission
Jeff Lowry (unable to attend)
3.5.8. Urban Design/Historic Preservation Commission
Winn Sikes
3.5.9. Urban Renewal/Neighborhood Redevelopment Board
Suzanne Comer
3.5.3 Museum & Arts Standing Sub -Committee
Beena Variyam and Sammie Prather (unable to attend)
4. MINUTES
4.1. This item was considered following Item 5.10.
5. CONSENT AGENDA (Items 5.1-5.4, 5.8, 5-12-5.23, 5.25-5.26)
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Gilbreath to approve Items (5.1-5.4, 5.8, 5.12-5.23, 5.25 and 5.26) on consent agenda
as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
5.1. Ordinance 2nd 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 191h 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 19`h Street. This
ordinance was read for the first time as a routine consent agenda item at the
October 13, 2005 City Council meeting.
Staff recommended approval of the second reading of this ordinance.
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Page 491
5.2. Property Offer Resolution — Right -of -Way: Resolution No. 2005-RO524
authorizing the Right -of -Way Department to make an offer to Joe
Stettheimer Development, LLP for a 32-foot wide permanent storm water
line easement and a 120-foot wide working easement in Section 10, Block
E, Lubbock County (the property is located at 9802 Avenue U) for the
South Lubbock (98`h Street) Drainage Improvement Project and to
consider the commencement of eminent domain proceedings in the event
such offer is not accepted.
RESOLUTION NO.2005-RO524
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
ubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
casements for municipal public use and purposes, to -wit: for the South Lubbock
Drainage Improvement Project and the City Council of said City finds it in the public
i iterest and for public purposes and municipal purposes to proceed with the acquisition
f easements as needed for such purposes as aforesaid; NOW THEREFORE:
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the permanent storm water line easement and working
asement to the tract of land further described in Exhibits "A" and `B", attached hereto,
e acquired for public purposes and municipal purposes as set forth in the preamble
hereof
SECTION 2. THAT the owner of said tract, being Joe Stettheimer
lopment, LLP, BE offered through the Right -of -Way Department of the City of
ock the amount of $12,100.00 which is the amount appraised as the value and total
.ges for the permanent storm water line easement and working easement and
.sition of said real estate purposes herein stated, and unless accepted forthwith, the
Attorney of said City of Lubbock is hereby authorized and instructed to institute
-mnation (eminent domain) proceedings to acquire the permanent storm water line
rent and working easement.
by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
Marc McDougal, MAYOR
,TTEST:
Garza, City Secretary
OVED AS TO CONTENT:
Bucy, Right -of -Way Agent
VED AS TO FORM:
Chamales, Supervising Attorney
copy of the Exhibits "A" and `B" is filed with Resolution No. 2005-R0524.
This permanent storm water line easement and working easement are needed
for the 981h Street storm water drainage project. This 32-foot wide storm water
line easement runs southward from 102° Street to l Wh Street along what
would be Avenue U and contains 1.393 acres. From 98`h Street southward to
102°d Street, Mr. Stettheimer will grant the City a street dedication deed for
that portion of Avenue U as part of his Foxridge plat. The working easement
is 120 feet in width and runs along the west side of Avenue U from 98,h Street
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Regular City Council Meeting
November 18, 2005
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to 1061h Street and contains 7.198 acres. Gary Phillips, MAI appraised these
two easements and valued the permanent easement at $9,100 and the working
easement at $3,000 for a total of $12,100, which is the offer to Joe Stettheimer
Development, LLP. This resolution also authorizes the City to institute
condemnation proceedings to acquire this property if the offer is refused.
FISCAL IMPACT
A cost of $12,100 from account 90141-9280-30000 - South Lubbock Storm
Sewer Project.
Staff recommended approval of this resolution.
5.3. Street and Alley Use License Resolution — Right -of -Way: Resolution No.
2005-RO525 authorizing the Mayor to execute a street and alley use
license with Alderson Enterprise, LP to use a portion of Avenue L for a
communications cable and to use a north -south alley for two overhead
canopies located at 1210 19th Street.
RESOLUTION NO. 2005-RO525
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 Street and Alley Use
License for the installation of two canopies and underground communications cable, by
and between the City of Lubbock and Alderson Enterprise, L.P., 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 18th day of November, 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-R0525.
In 1985 Alderson Realty Company (a/k/a Alderson Enterprise, L.P.) located at
19th Street and Avenue L took out a street and alley use license to use a
portion of Avenue L just north of 19th Street for an overhead communications
cable and to use the north -south alley in Block 227, Original Town Addition
(north of 19th Street and east of Avenue L) to construct two canopies to
connect adjacent buildings on each side of the alley. This license was for 20
years and will expire this month. The owner, David Alderson, would like to
renew this license. The Right -of -Way Department has valued this license at S2
per square foot from adjacent land values in this area. Using the street use
license formula for aerial encroachments, a value is determined of 395 square
feet x $2 = $790 x 10% x 75% (in accordance with the City Council adopted
policy of calculating aerial encroachments within the ROW) = $59.25 a year.
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The new license is for twenty years, payable every five years in advance at
$296.25 for each five-year period or $59.25 per year.
FISCAL IMPACT
Revenue to the City of $59.25 per year.
Staff recommended approval of this resolution.
5.4. Assignment of Lease Resolution — Right -of -Way: Resolution No.
2005-RO526 authorizing the Mayor to execute an assignment of a lease
between Plains National Bank, a/k/a Plains Capital Bank, and G. Larry
Rice for City property located at 2302 Quaker Avenue.
RESOLUTION NO.2005-RO526
WHEREAS, on or about the 9 h day of December 1982, the City of Lubbock,
,exas pursuant to Resolution 1278-B leased to E. Reuel Nash a tract or parcel of land in
,ot 1, Henry Addition to the City of Lubbock, upon which the Leasee was authorized to
:onstruct various improvements including sidewalks, paved parking and landscaping; and
WHEREAS, such Lease was subsequently amended on or about the 11 th day of
April 1991; and
WHEREAS, the City Council of the City of Lubbock consented to an assignment
f the Lease by the Estate of E. Reuel Nash, deceased, to G. Larry Rice on September 10,
996 through Resolution No. 5256; and
WHEREAS, the City Council of the City of Lubbock consented to an assignment
f the Lease by G. Larry Rice, to Plains National Bank; on August 14, 1997 through
:esolution No. 5596; and
WHEREAS, Plains National Bank, a/k/a PlainsCapital Bank, now desires to
all right, title and interest in and to the above -described Lease to G. Larry Rice;
WHEREAS, such an assignment requires the consent of the Lessor, but the City
Council has determined that the desired assignment would not be adverse to the interests
f the citizens of the City; NOW THEREFORE:
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT in consideration of an assignment executed in substantially the same form
s the attached document, the Council hereby authorizes the Mayor to consent to the
assignment by Plains National Bank, a/k/a PlainsCapital Bank, to G. Larry Rice of the
Lease and the Amendment thereto as hereinabove described.
Passed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
TTEST:
becca Garza, City Secretary
OVED AS TO CONTENT:
Bucy, Right -of -Way Agent
OVED AS TO FORM:
inda L. Chamales
enior Attorney/ Office Practice Section
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A copy of the Lease is filed with Resolution No. 2005-R0526.
In 1953 the City of Lubbock acquired slightly more than one acre of land at
the northwest corner of Quaker Avenue and Brownfield Drive for a sewage
lift station site. When the Char King Drive -In (directly north of the City's
property) was operating during the 1960s and 1970s, they leased the extra
land not needed by the City for parking and paved the parking lot. The
restaurant property was sold in the early 1980s to E. Reuel Nash who built a
shopping center and bank at this location. As per the zoning requirements,
additional parking was needed for this new shopping center and the City
entered into a lease agreement in December 1982 with Mr. Nash. This lease
was for 50 years and the rental agreement was for $150 per month for the first
year, and then the rate was to increase $7.50 per month at the start of each
year. In April 1991 this lease was amended with Mr. Nash for an acquisition
of a Lubbock Power & Light electrical transmission line easement across
property he owned at the southeast corner of 82nd Street and Indiana Avenue.
The amendment reduced the lease amount with Mr. Nash to $10 per year for
five years. In April 1996 the lease restarted at the original amount of $150 per
month for a year and then increased $7.50 per month at the start of each year.
On September 10, 1996 the City Council approved an assignment of this lease
from the Estate of Reuel Nash to Larry Rice. On August 14, 1997 the City
Council approved an assignment of this lease from Larry Rice to Plains
Capital Bank. Mr. Rice recently purchased this shopping center from Plains
Capital Bank and has requested that the City allow the approval of this
assignment of lease to him from Plains Capital Bank. Presently, the City is
receiving $217.50 per month for this lease.
FISCAL IMPACT
Revenue to the City of $217.50 per month.
Staff recommended approval of this resolution.
5.5. This item was considered following Item 4.1
5.6. This item was considered following Item 5.5.
5.7. Agreement Amendment Resolution — Water Utilities: Consider a
resolution authorizing the Mayor to execute an amendment to the
agreement with Black & Veatch Corporation for the design and
preparation of contract documents for the construction of improvements
to the Southeast Water Recycling Plant.
This item was deleted.
5.8. Agreement Amendment Resolution — Finance: Resolution No.
2005-RO527 to amend the financial advisory agreement with First
Southwest Company to add investment advisory services.
RESOLUTION NO. 2005-RO527
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 financial
advisory services, by and between the City of Lubbock and First Southwest Company of
Lubbock, Texas, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
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age 495
assed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
TTEST:
Garza, City Secretary
AS TO CONTENT:
eff Yates, Chief Financial Officer
VED AS TO FORM:
ohn M. Knight
assistant City'Attorney
copy of the Contract is filed with Resolution No. 2005-R0527.
For over 55 years the City has had a positive and productive business
relationship with First Southwest Company. The representatives at First
Southwest Company have a strong knowledge of the City's operations and
financial practices. The current contract with First Southwest was effective
September 16, 2004. The amendment to this contract will add investment and
cash management services. Examples of the services added with this
amendment include:
• Full-time discretionary management of the City's investment portfolio
within the guidelines of the City's investment policy;
• Assist in developing and implementing investment strategies that will
enhance the portfolio performance under current and anticipated changes
in market conditions, cash flow needs, appropriate state laws of Texas, and
ordinances, resolutions, and policies of the City;
• Work with staff to ensure the coordination of investment transactions and
the availability of funds;
• Provide executive reports on the economy and current market conditions
as they may pertain to the City's investment portfolios;
• Assist staff in developing ongoing cash flow forecasts;
• Attend required meetings with City staff and the Audit Committee to
report on investment portfolio results;
• Aid the City in establishing guidelines for selecting financial institutions;
• Monitor the creditworthiness of financial institutions and investments in
the portfolio;
• Perform a broker/dealer due diligence on all City approved/proposed
brokers.
The contract term with a firm that provides investment advisory services is
restricted to two years as allowed in the City's Investment Policy and in the
Public Funds Investment Act of the Texas Local Government Code, Section
2256.003(b). The current contract with First Southwest will expire in
September 2007, which is within the two-year time limitation.
Regular City Council Meeting
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Page 496
FISCAL IMPACT
In year one, the contract calls for a fixed quarterly fee of $10,000 ($40,000
annually). In year two, the quarterly fee will be reduced to $9,000 ($36,000
annually). This expense will be netted against the interest earnings received
from the investments in the City's investment portfolio.
Staff recommended approval of this resolution.
5.9. This item was considered following Item 5.6.
5.10. This item was considered following Item 5.26.
5.11. This item was considered following Item 5.9.
5.12. Water and Sewer Improvements Resolution — Water Utilities: Resolution
No. 2005-RO528 authorizing acceptance of water and sanitary sewer
improvements for Lots 1-84, Cambridge Way Addition to the City of
Lubbock, Lubbock County, Texas, bound by 83rd Street, 85`h Street,
Wausau Avenue, and Xenia Avenue.
RESOLUTION NO.2005-RO528
A RESOLUTION ACCEPTING LOTS 1-84, CAMBRIDGE WAY
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1-84, Cambridge Way Addition the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $314,776.85 with the
improvements constructed by Utility Contractors of America, having a value of
$298,967.50 as determined by the unit prices established by said Chapter 28, and
$15,809.35 cash paid to the City, which amount includes $7,480.00 cash for adjacent
lines, with Lubbock Landmark Development, Inc., the developer, to receive a refund
of $66,056.25 in accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $66,056.25 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date if its passage.
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Passed by the City Council this 18th day of November,, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
LTTEST:
Garza, City Secretary
AS TO CONTENT:
ood Franklin
terim Chief Engineer, Public Works
OVED AS TO FORM:
L. Chamales, Senior Attorney/
Practice Section
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost of
the improvements is $314,776.85 that includes the cost of construction to the
contractor of $298,967.50, as determined by the unit prices established by
Chapter 28 of the Code of Ordinances of the City of Lubbock.
Cash paid to the City for these improvements is $15,809.35 that includes
$7,480.00 as adjacent mains and $8,329.35 in plan review, inspection, and
testing fees. The Developer, Lubbock Landmark Development Inc., will
receive a refund of $66,056.25 in accordance with Chapter 28 of the Code of
Ordinances of the City of Lubbock as development utilizes these
improvements.
The subdivision is located between 83"d and 85th Streets, and Wausau and
Xenia Avenues.
FISCAL IMPACT
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City. The value of the system is
added to the City, and there are no expenditures involved in accepting
ownership.
The system, when accepted, will produce revenue to the City through the sale
of water and sewer services to the public.
Staff recommended acceptance.
5.13. Water and Sewer Improvements Resolution — Water Utilities: Resolution
No. 2005-RO529 authorizing acceptance of water and sanitary sewer
improvements for Lots 87-128, Cedar Meadows Addition to the City of
Lubbock, Lubbock County, Texas, bound by 78th Street, Avenue M, and
Avenue P.
RESOLUTION NO.2005-RO529
A RESOLUTION ACCEPTING LOTS 87-128, CEDAR MEADOWS
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 87-128, Cedar Meadows Addition the City
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
apter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
ver improvements for said Addition; and
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Page 498
WHEREAS, the total utility cost to the developer is $70,406.04 with the
improvements constructed by Utility Contractors of America, having a value of
$62,094.60 as determined by the unit prices established by said Chapter 28, and
$8,311.44 cash paid to the City, which amount includes $6,263.55 cash for adjacent lines,
with Joe Stettheimer Development, LLP, the developer, to receive a refund of
$27,190.25 in accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $27,190.25 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date if its passage.
Passed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin
Interim Chief Engineer, Public Works
APPROVED AS TO FORM:
/s/ John M. Knight for
Linda L. Chamales, Senior Attorney/
Office Practice Section
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost of
the improvements is $70,406.04 that includes the cost of construction to the
contractor of $62,094.60, as determined by the unit prices established by
Chapter 28 of the Code of Ordinances of the City of Lubbock.
Cash paid to the City for these improvements is $8,311.44 that includes
$6,263.55 as adjacent mains and $2,047.89 in plan review, inspection, and
testing fees. The Developer, Joe Stettheimer, LLP will receive a refund of
$27,190.25 in accordance with Chapter 28 of the Code of Ordinances of the
City of Lubbock as development utilizes these improvements.
The subdivision is located on 78th Street, between Avenues M and P.
FISCAL IMPACT
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City. The value of the system is
added to the City, and there are no expenditures involved in accepting
ownership.
..•
tegular City Council Meeting
lovember 18, 2005
'age 499
The system, when accepted, will produce revenue to the City through the sale
of water and sewer services to the public.
Staff recommended acceptance.
5.14. Water and Sewer Improvements Resolution — Water Utilities: Resolution
No. 2005-RO530 authorizing acceptance of water and sanitary sewer
improvements for Lots 64-137, Ravenwood Addition to the City of
Lubbock, Lubbock County, Texas, bound by 101" Street, 102°d Street,
Memphis Avenue, and Norfolk Avenue.
RESOLUTION 2005-RO530
A RESOLUTION ACCEPTING LOTS 64-137, RAVENWOOD ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 64-137, Ravenwood Addition the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
2hapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
;ewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $260,516.86 with the
.mprovements constructed by Utility Contractors of America, having a value of
5174,911.00 as determined by the unit prices established by said Chapter 28, and
585,605.86 cash paid to the City, which amount includes $55,530.16 cash for adjacent
.ines, with Carl M. Russell Land Development, LLC, the developer, to receive a refund
)f $26,802.80 in accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
.3erformed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $26,802.80 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date if its passage.
Passed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
TTEST:
ecca Garza, City Secretary
VED AS TO CONTENT:
ood Franklin
team Chief Engineer, Public Works
ROVED AS TO FORM:
L. Chamales, Senior Attorney/
Practice Section
Regular City Council Meeting
November 18, 2005
Page 500
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost of
the improvements is $260,516.86 that includes the cost of construction to the
contractor of $174,911.00, as determined by the unit prices established by
Chapter 28 of the Code of Ordinances of the City of Lubbock.
Cash paid to the City for these improvements is $85,605.86 that includes
$78,857.64 as adjacent mains and $6,748.22 in plan review, inspection, and
testing fees. The Developer, Carl Russell Land Development, LLC will
receive a refund of $26,802.80 in accordance with Chapter 28 of the Code of
Ordinances of the City of Lubbock as development utilizes these
improvements.
The subdivision is located between 101 st and 102°d Streets, between Memphis
and Norfolk Avenues.
FISCAL IMPACT
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City. The value of the system is
added to the City, and there are no expenditures involved in accepting
ownership.
The system, when accepted, will produce revenue to the City through the sale
of water and sewer services to the public.
Staff recommended acceptance.
5.15. Water and Sewer Improvements Resolution — Water Utilities: Resolution
No. 2005-RO531 authorizing acceptance of water and sanitary sewer
improvements for Lots 493-571, Regal Park Addition to the City of
Lubbock, Lubbock County, Texas, bound by 871h Street, 891h Street,
Homestead Avenue, and Iola Avenue.
RESOLUTION NO.2005-RO531
A RESOLUTION ACCEPTING LOTS 493-571, REGAL PARK ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 493-571, Regal Park Addition the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $211,032.78 with the
improvements constructed by Utility Contractors of America, having a value of
$156,501.60 as determined by the unit prices established by said Chapter 28, and
$54,531.18 cash paid to the City, which amount includes $24,868.56 cash for adjacent
lines, with Lubbock Land Company, Eight Ltd., the developer, to receive a refund of
$27,948.00 in accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $27,948.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date if its passage.
500
.egular City Council Meeting
f ovember 18, 2005
age 501
Passed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
.TTEST:
Garza, City Secretary
AS TO CONTENT:
n
ood Franklin
:erim Chief Engineer, Public Works
PROVED AS TO FORM:
L. Chamales, Senior Attorney/
Practice Section
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost of
the improvements is $211,032.78 that includes the cost of construction to the
contractor of $156,501.60, as determined by the unit prices established by
Chapter 28 of the Code of Ordinances of the City of Lubbock.
Cash paid to the City for these improvements is $54,531.18 that includes
$51,337.51 as adjacent mains and $3,193.67 in plan review, inspection, and
testing fees. The Developer, Lubbock Land Company, Eight Ltd. will receive
a refund of $27,948.00 in accordance with Chapter 28 of the Code of
Ordinances of the City of Lubbock as development utilizes these
improvements.
The subdivision is located between 871h and 89,h Streets, and between
Homestead and Iola Avenues.
FISCAL IMPACT
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City. The value of the system is
added to the City, and there are no expenditures involved in accepting
ownership.
The system, when accepted, will produce revenue to the City through the sale
of water and sewer services to the public.
Staff recommended acceptance.
5.16. Water Improvements Resolution — Water Utilities: Resolution No.
2005-RO532 authorizing acceptance of water improvements for Tract A,
CTC Addition to the City of Lubbock, Lubbock County, Texas, bound by
82"d Street on the south and Iola Avenue on the east.
RESOLUTION NO.2005-RO532
A RESOLUTION ACCEPTING TRACT A, CTC ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tract A, CTC Addition to the City of Lubbock,
.ubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of
he Code of Ordinances of the City of Lubbock, in providing the water and sewer
mprovements for said Addition; and
WHEREAS, the total utility cost to the developer is $6,513.00 with the
ements constructed by Utility Contractors of America, having a value of
501
Regular City Council Meeting
November 18, 2005
Page 502
$6,338.00 as determined by the unit prices established by said Chapter 28, and $175.00
cash paid to the City, which amount includes $0.00 cash for adjacent lines, with CTC
Real Estate, the developer, to receive a refund of $6,204.54 in accordance with Chapter
28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the
amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $6,204.54 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date if its passage.
Passed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin
Interim Chief Engineer, Public Works
APPROVED AS TO FORM:
/s/ John M. Knight for
Linda L. Chamales, Senior Attorney/
Office Practice Section
This is a routine acceptance of water improvements constructed in accordance
with the subdivision regulations. The total cost of the improvements is $6,513
that includes the cost of construction to the contractor of $6,338 as determined
by the unit prices established by Chapter 28 of the Code of Ordinances of the
City of Lubbock.
Cash paid to the City for these improvements is $175 that includes $0 as
adjacent mains and $175 in plan review, inspection, and testing fees. The
Developer, CTC Real Estate will receive a refund of $6,024.54 in accordance
with Chapter 28, of the Code of Ordinances of the City of Lubbock as
development utilizes these improvements.
The subdivision is located on the north of 82°d Street and west of Iola Avenue.
FISCAL IMPACT
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City. The value of the system is
added to the City, and there are no expenditures involved in accepting
ownership.
502
egular City Council Meeting
ovember 18, 2005
age 503
The system, when accepted, will produce revenue to the City through the sale
of water and sewer services to the public.
Staff recommended acceptance.
5.17. Water and Sewer Improvements Resolution — Water Utilities: Resolution
No. 2005-RO552 authorizing acceptance of water and sanitary sewer
improvements for Lot 1, University Courtyard Apartments Addition to
the City of Lubbock, Lubbock County, Texas, bound by Erskine Street,
Itasca Street, and Memphis Avenue.
RESOLUTION NO.2005-RO552
A RESOLUTION ACCEPTING LOT 1, UNIVERSITY COURTYARD
APARTMENTS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS.
WHEREAS, the developer of Lot 1, University Courtyard Apartments
ion to the City of Lubbock, Lubbock County, Texas, has complied with the
ions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in
ing the water and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $176,276.87 with the
provements constructed by Utility Contractors of America, having a value of
55,574.00 as determined by the unit prices established by said Chapter 28, and
0,702.87 cash paid to the City, which amount includes $17,591.39 cash for adjacent
es, with Ambling Development Company, the developer, to receive a refund of $0.00
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
and of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
led under the supervision of the water utilities engineer and completed in
Lnce with the City of Lubbock's plans and specifications; NOW THEREFORE
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
Integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date if its passage.
Passed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
TTEST:
Garza, City Secretary
ROVED AS TO CONTENT:
ood Franklin
rerim Chief Engineer, Public Works
PROVED AS TO FORM:
L. Chamales, Senior Attorney/
Practice Section
503
Regular City Council Meeting
November 18, 2005
Page 504
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost of
the improvements is $176,276.87 that includes the cost of construction to the
contractor of $155,574.00, as determined by the unit prices established by
Chapter 28 of the Code of Ordinances of the City of Lubbock.
Cash paid to the City for these improvements is $20,702.87 that includes
$17,591.39 as adjacent mains and $3,111.48 in plan review, inspection, and
testing fees. The Developer, Ambling University Development Company will
receive a refund of $0.00 in accordance with Chapter 28 of the Code of
Ordinances of the City of Lubbock as development utilizes these
improvements.
The subdivision is located on the north of 82nd Street and west of Iola Avenue.
FISCAL IMPACT
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City. The value of the system is
added to the City, and there are no expenditures involved in accepting
ownership.
The system, when accepted, will produce revenue to the City through the sale
of water and sewer services to the public.
Staff recommended acceptance.
5.18. Interlocal Memorandum of Agreement Resolution — Health Department:
Resolution No. 2005-RO533 authorizing the Mayor to execute an
interlocal memorandum of agreement, and any associated documents,
between the City and the Texas Department of State Health Services with
regard to HIV/AIDS reporting and surveillance activities.
RESOLUTION NO.2005-RO533
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, acting by and through its Health
Department, an interlocal Memorandum of Agreement with regard to HIV/AIDS
reporting and surveillance activities with the Texas Department of State Health Services,
Public Health Region 1, and any associated documents. A copy of which Contract and
any associated documents are attached hereto and which shall be spread upon the minutes
of this Council and as spread upon the minutes of this Council shall constitute and be a
part hereof as if fully copied herein in detail.
Passed by the City Council this 18th day of November, 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/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2005-R0533.
504
regular City Council Meeting
lovember 18, 2005
'ate 505
This memorandum of agreement (MOA) is to formally establish the roles and
responsibilities of the Lubbock City Health Department HIV/AIDS
Surveillance Program, the Public Health Region 1 (PHR 1) HIV/STD
Program, and the HIV/STD Epidemiology and Surveillance Branch in regard
to HIV/AIDS reporting and surveillance activities for the State of Texas
residents within the 41 identified counties for DSHS PHR 1. This updates a
similar MOA passed by City Council on June 9, 2004.
Responsibilities of the Lubbock City Health Department include conducting
active surveillance and reporting activities for human immunodeficiency
virus/acquired immunodeficiency syndrome (HIV/AIDS) for all 41 counties in
Public Health Region 1, comply with reporting requirements and maintaining
a current list of key reporting sources in the counties in PHR 1, maintain a
case file on all confirmed and suspected cases of HIV and AIDS within
counties of PHR 1, evaluate the system for reporting compliance, initiate
epidemiologic investigation on newly reported No Identified Risk cases and
cases of public health importance, and adherence to all confidentiality
requirements.
Responsibilities of the TDH PHR 1 include maintaining responsibility for
non-HIV/AIDS STD surveillance activities including surveillance for
gonorrhea, syphilis, chlamydia, and chancroid in PHR 1 counties not covered
by other local health department entities in the region. The TDH Bureau of
HIV and STD Prevention Surveillance Program is responsible for evaluation
compliance with the MOA, maintaining the reporting database system, and
providing programmatic monitoring and technical assistance.
The term of this MOA is one year and may be renewed annually thereafter
upon mutual agreement.
FISCAL IMPACT
Current funding for one HIV/AIDS Surveillance Specialist is being provided
by State Surveillance Grant ILA number HIV/SURV-0148.1. The MOA does
not create any additional fiscal impact.
Staff recommended approval of this resolution.
5.19. Interlocal Contract Resolution — Health Department: Resolution No.
2005-RO534 authorizing the Mayor to execute an interlocal contract, and
any associated documents, for provision of parolees' death certificates to
the Texas Department of Criminal Justice by the Lubbock Health
Department.
RESOLUTION NO.2005-RO534
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
,ute for and on behalf of the City of Lubbock an Interlocal Contract for provision of
h certificates of paroles to the Texas Department of Criminal Justice by the City
lth Department and any associated documents by and between the City of Lubbock
the Texas Department of Criminal Justice, a copy of which Contract and any
ciated documents are attached hereto and which shall be spread upon the minutes of
Council and as spread upon the minutes of this Council shall constitute and be a part
of as if fully copied herein in detail.
505
Regular City Council Meeting
November 18, 2005
Page 506
Passed by the City Council this 18th day of November, 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/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2005-R0534.
This contract, between the City of Lubbock Health Department and the Texas
Department of Criminal Justice (TDCJ), will provide death certificates of
deceased parolees to TDCJ. TDCJ will pay the Lubbock Health Department
$10 per death certificate. The total amount of this contract shall not exceed
$150. The contract begins September 1, 2005 and ends August 31, 2006.
FISCAL IMPACT
This will provide up to $150 in review to the General Fund.
Staff recommended approval of this resolution.
5.20. Cooperative Purchase Resolution — Radio Shop: Resolution No.
2005-RO535 for Radar and Video Systems.
RESOLUTION NO.2005-RO535
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of the property described as radar
and video systems (the "Property"), as more particularly described in those certain
Contract Pricing Worksheets of H-GAC, to Kustom Signals, Inc. of Lenexa, Kansas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Purchasing and Contract 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.
506
regular City Council Meeting
lovember 18, 2005
'age 507
assed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
LTTEST:
Garza, City Secretary
PROVED AS TO CONTENT:
ictor Kilman
.irchasing & Contract Manager
ROVED AS TO FORM:
and K. Casner
Assistant City Attorney
This item is for the purchase of ten radar and video systems through the
Houston -Galveston Area Council (H-GAC) Cooperative Purchasing Program.
The equipment will be installed in police vehicles for rookie patrol officers.
H-GAC is a regional planning commission created under Acts of the 59 h
Legislature, Regular Session, 1965, re -codified as Texas Local Government
Code, Chapter 391.
FISCAL IMPACT
A total of $41,340 was appropriated with $41,340 available in account
1115.8704 - Rent Lease.
Staff recommended approval of purchase from Kustom Signals of Lenexa,
Kansas for $41,340.
5.21. Contract Resolution — Water Treatment: Resolution No. 2005-RO536 for
Supervisory Control and Data Acquisition System upgrade, RFP
#05-038/BM.
RESOLUTION NO.2005-RO536
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
lirected to execute for and on behalf of the City of Lubbock, a Contract for supervisory
;ontrol and data acquisition (SCADA), RFP#05-038-BM, by and between the City of
.ubbock and Wunderlich-Malec Engineering Systems Services of Carrollton, Texas, and
elated documents. Said Contract is attached hereto and incorporated in this resolution as
f fully set forth herein and shall be included in the minutes of the City Council.
507
Regular City Council Meeting
November 18, 2005
Page 508
Passed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sherry Stephens
Sherry Stephens
Chief Operations Officer of Water Utilities
APPROVED AS TO FORM:
/s/ Don Vandiver for
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2005-R0536.
This item is for the purchase of Supervisory Control and Data Acquisition
(SCADA) computer system master stations, work stations, hardware and
software to replace existing equipment and software at Water Treatment Plant,
Water Reclamation Plant, and Sandhills Well Field. The SCADA system is a
computer controlled telemetry system used to monitor and control pumps,
motors, chemical feed equipment, security alarms, water system pressures,
and tank levels throughout the water and wastewater systems 24 hours per
day. This equipment and software will improve integration between computer
systems and the ability to transfer and utilize historical data.
The evaluation committee used the basic evaluation methods in the City
Purchasing Department's Evaluation Procedures for High Technology
Procurement. The evaluation criteria in the RFP included: 1) Past Project
Experience/References, 2) Project Approach, 3) Overall Responsiveness to the
RFP, and 4) Price. Proposals were received from the following firms and were
ranked as follows:
1. Wunderlich-Malec Engineering Systems Services of Carrollton, TX
387
2. Siemens Power Transmission and Distribution, Inc. of San Jose, CA
366
3. Emerson Process Management Power and Water Solutions, Inc.of
Pittsburgh, PA 337
4. Edison Automation, Inc. of Nashville, TN 335
5. QEI, Inc. of Springfield, NJ
331
6. Control Systems International, Inc. of Lenexa, KS 315
7. Advanced Control Systems of Norcross, GA 310
8. Telvent USA, Inc. of Calgary, AB, Canada 305
a. Transdyn, Inc. of Pleasanton, CA 292
9. Brandon & Clark, Inc. of Lubbock, TX 249
Thirty-one local companies were notified of this Request for Proposal.
egular City Council Meeting
ovember 18, 2005
aae 509
FISCAL IMPACT
A total of $700,000 was appropriated with $690,000 available in Project
90336 - SCADA System Upgrade. This project will be funded through the
City's master lease agreement with payments over a five-year period.
Staff recommended contract award to Wunderlich-Malec, Inc. of Carrollton,
Texas for $623,964.
5.22. Contract Resolution — Water Engineering: Resolution No. 2005-RO537
for Pump Station #10 water reservoir facade, BID #05-066/BM.
RESOLUTION NO.2005-RO537
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
irected to reject all bids for Pump Station #10 Water Reservoir facade, for ITB#
5-066-BM.
by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
Garza, City Secretary
ROVED AS TO CONTENT:
herry Stephens
'hief Operations Officer of Water Utilities
ROVED AS TO FORM:
ohn M. Knight, Assistant City Attorney
This contract involves the construction of a brick fence and landscaping
around the new reservoir at Pump Station #10 located at 82"d Street and
Memphis Avenue. The Texas Commission on Environmental Quality requires
a minimum eight -foot high fence around all public water installations. This
fence was designed by Chapman Harvey Architects, Inc. of Lubbock, Texas
as directed by a neighborhood and citizens committee formed for the purpose
of resolving visibility issues of the new tank. This facade will serve as a
security fence and additional landscaping will allow the facility to blend into
the existing park.
Time for completion of this project is 365 consecutive calendar days and
liquidated damages are $500 per day. One hundred three local contractors and
subcontractors were notified of the Invitation to Bid and two local contractors
responded.
FISCAL IMPACT
A total of $500,000 was appropriated with $500,000 available in Project
91031 - Pump Station #10 Reservoir Fencing.
Staff recommended City Council reject all bids. The bids received exceeded
the budget for this project. City staff has spoken to the neighborhood
association regarding a proposed re -design and has the association's
endorsement for a more cost effective design.
509
Regular City Council Meeting
November 18, 2005
Page 510
5.23. Award Letter Resolution — Central Warehouse: Resolution No.
2005-R0538; Resolution No. 2005-R0539; Resolution No. 2005-R0540;
Resolution No. 2005-RO541 for Janitorial Paper Supplies, BID
#05-113/MA.
RESOLUTION NO.2005-RO538
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Purchasing and Contract Manager of the City of Lubbock BE and is
hereby authorized and directed to execute for and on behalf of the City of Lubbock, a
Letter of Award for janitorial paper supplies — annual pricing, by and between the City of
Lubbock and Empire Paper Company of Lubbock, Texas, and related documents. Said
Letter of Award is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 18th day of November, 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/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2005-R0538.
RESOLUTION NO.2005-RO539
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Purchasing and Contract Manager of the City of Lubbock BE and is
hereby authorized and directed to execute for and on behalf of the City of Lubbock, a
Letter of Award for janitorial paper supplies — annual pricing, by and between the City of
Lubbock and Wagner Supply of Lubbock, Texas, and related documents. Said Letter of
Award is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
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by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
TTEST:
Garza, City Secretary
AS TO CONTENT:
Stauffer, Facilities Manager
AS TO FORM:
y L. Sims, Assistant City Attorney
copy of the Letter of Award is filed with Resolution No. 2005-R0539.
RESOLUTION NO.2005-RO540
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Purchasing and Contract Manager of the City of Lubbock BE and is
.by authorized and directed to execute for and on behalf of the City of Lubbock, a
er of Award for janitorial paper supplies — annual pricing, by and between the City of
bock and Mayfield Paper Company of Lubbock, Texas, and related documents. Said
er of Award is attached hereto and incorporated in this resolution as if fully set forth
;in and shall be included in the minutes of the City Council.
—" Passed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
TTEST:
Garza, City Secretary
PROVED AS TO CONTENT:
Stauffer, Facilities Manager
VED AS TO FORM:
Sims, Assistant City Attorney
copy of the Letter of Award is filed with Resolution No. 2005-R0540.
RESOLUTION NO.2005-RO541
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Purchasing and Contract Manager of the City of Lubbock BE and is
authorized and directed to execute for and on behalf of the City of Lubbock, a
of Award for janitorial paper supplies — annual pricing, by and between the City of
ck and Gulf South Medical Supply, Inc. of Jacksonville, Florida, and related
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Page 512
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 18th day of November, 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/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2005-R0541.
This bid establishes six-month pricing for janitorial paper supplies. The
contract term is six months with an option to renew semi-annually for up to
two additional six-month terms.
Nine local companies were notified of this Invitation to Bid and four local
companies responded.
FISCAL IMPACT
A total of $194,274 was appropriated with $194,274 available in account 8114
- Various Cleaning Supplies.
Staff recommended contract award to Mayfield Paper Company of Lubbock,
Texas for $13,079, Wagner Supply of Lubbock, Texas for $3,060, Gulf South
Medical Supply, Inc. of Jacksonville, Florida for $7,472.40, and Empire Paper
Company of Lubbock, Texas for $9,461.20.
5.24. This item was considered following Item 5.11.
5.25. Contract Resolution — Water Utilities: Resolution No. 2005-RO542 for
Laboratory Analysis of Soil Samples, BID #05-117/BM.
RESOLUTION NO.2005-RO542
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 laboratory
analysis of soil samples, ITB#05-117-BM, by and between the City of Lubbock and
Midwest Laboratories of Omaha, Nebraska, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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Page 513
Fussed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/sl Rebecca Garza
Rebecca Garza, City Secretary
;APPROVED AS TO CONTENT:
/s/ Sherry Stephens
Sherry Stephens
Chief Operations Officer of Water Utilities
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-R0542.
This bid establishes annual pricing for laboratory analysis of soil samples
from Lubbock Land Application sites prepared in accordance with United
States Department of Agriculture requirements. Quality assurance and quality
control are performed in accordance with Environmental Protection Agency
and Texas Commission on Environmental Quality guidelines. The contract
term is one year with an option to renew annually for two additional one-year
periods.
Nine local companies were notified of this Invitation to Bid and one local
company responded.
FISCAL IMPACT
A total of $76,940 was appropriated with
$18,431 available in account
6421.8302 - Sampling and Monitoring Professional Services.
Staff recommended contract award to Midwest Laboratories, Inc. of Omaha,
Nebraska for $15,514.95.
5.26. Board Chair Appointment — City Secretary: Appoint the Chair for the
Central Business District Tax Increment Financing Reinvestment Zone
for calendar year 2006, with the term ending January 1, 2007.
By State statute and the ordinance creating the Central Business District TIF,
the governing body of the municipality will appoint one member of the Board
to serve as Chair for a one-year term. Merle Blosser is currently serving as
Chair and has agreed to serve this year.
Staff recommended Merle Blosser be appointed as Chair of the Central
Business District TIF.
5.10. Contract Change Order Resolution — Storm Water: Resolution No.
2005-RO543 for a change order to the contract between the City and
Utility Contractors of America, Ltd. for additional services in association
with the South Lubbock Drainage Improvements Project — Phase I Main
Trunk Line.
RESOLUTION NO. 2005-R0543
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock Change Order No. 1, for
ITB# 001-04/VK for South Lubbock Drainage Improvements Project-Pkg #1 Main Trunk
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Page 514
Line. Said Change Order 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 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lam Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John Knight, Assistant City Attorney
A copy of the Change Order is filed with Resolution No. 2005-R0543.
The South Lubbock Drainage Improvements Project began construction in
January 2005 after contract approval in September 2004. The Contractor,
Utility Contractors of America, Ltd., has been working diligently on this
contract and is currently ahead of the proposed contract construction schedule.
In June 2005 City Council approved the annexation of the southeast corner of
98th Street and University Avenue at the request of a developer. Phase I of the
Foxridge Development is now underway. One lateral of the South Lubbock
Drainage Project has always been planned to go south down Avenue U into
playa lake #84-A, but this project was originally expected to be several years
from now. With the recent annexation, staff approached Utility Contractors of
America, Ltd., about the possibility of a change order to their current contract
to do this work for several reasons. Those reasons are:
• This is the deepest portion of the entire South Lubbock Drainage Project
and there is mandatory tunneling on this lateral line.
• The current contract includes tunneling to the future right-of-way line on
the south side of 981h Street and this would be an extension of that tunnel
operation.
• There is only one structure involved on this lateral line.
The Developer has plans to continue with Phase II of the project and will
be looking to pave Avenue U. If the City doesn't get the storm sewer in
the ground prior to paving, staff are looking at not only additional costs
but also a lack of working room if lots to the west are being developed.
The existing contract amount for Phase I — Main Trunk Line is $25,699,456.
A unit price change order for this work was negotiated between staff and
Utility Contractors of America for a total of $1,393,181, making a total
contract amount of $27,092,637: Staff feels this price is in line with current
engineering estimates for this lateral line.
FISCAL IMPACT
A total of $39,500,000 was appropriated with $6,821,096 available in Project
#90141 — South Lubbock Storm Sewer Project.
Staff recommended approval of this resolution.
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Larry Hertel, City Engineer, gave comments and answered questions from
Council.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Price to pass Resolution No. 2005-RO543 as recommended by staff. Motion
carried: 5 Ayes, 0 Nays.
Council Member Gilbreath recused himself.
4.1. Approval of Prior Meeting Minutes:
Regular City Council Meeting, October 27, 2005
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to approve the minutes of the Regular City Council Meeting of
October 27, 2005 as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
5.5. Agreement Amendment Resolution — Public Works: Resolution No.
2005-RO544 authorizing the Mayor to execute Amendment No. 1 to an
agreement for engineering services for the Northwest Passage street and
highway improvements with HNTB Corporation.
RESOLUTION NO.2005-RO544
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
d to execute for and on behalf of the City of Lubbock, Amendment #1 to an
vent between the City of Lubbock and HNTB Corporation for engineering services
to the environmental documents for the Northwest Passage Project. Said
lment #1 is attached hereto and incorporated in this Resolution as if fully set forth
and shall be included in the minutes of the Council.
'assed by the City Council this 18th day of November 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
.TTEST:
Garza, City Secretary
AS TO CONTENT:
Hertel, City Engineer
AS TO FORM:
ohn M. Knight
assistant City Attorney
copy of the Amendment #1 is filed with Resolution No. 2005-R0544.
On October 11, 2004 the City Council executed an agreement with HNTB
Corporation to perform certain engineering services for the Northwest Passage
project. The agreement included services needed in order to secure an
approved environmental document necessary for the project in order to obtain
possible state or federal funding for the on -system and off -system roadways
included in the Northwest Passage total project scope.
The Northwest Passage project includes certain portions of Loop 289, 41h
Street, Erskine Street, and Slide Road, as well as certain grade separation
projects at 4ch Street and Slide Road, Loop 289 and Slide Road, and the
intersection at Erskine Street/Quaker Avenue/Loop 289.
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The services included such tasks as public involvement, environmental
assessments, preliminary cost estimates, route studies, alternative analysis,
preparation of design schematics, and impacts on adjacent properties in order
to acquire the approved environmental document.
HNTB is an engineering consulting firm, whose Dallas office is performing
these engineering tasks for the City. HNTB is using Parkhill, Smith & Cooper
(PSC) a local engineering firm, as a sub -consultant on this project, as well as
High Tech Land Surveyors, a local surveying firm, to perform surveying tasks
on this project.
This proposed Amendment No. 1 will revise the original agreement with the
following two major items:
Provide a scope of service change and an extension of time, in order to
perform the tasks needed to achieve approval of the environmental document.
Provide the detailed plans, specifications, and estimates (PS&E) needed for
the construction of Slide Road from Loop 289 north to Erskine Street, and
Erskine Street from Frankford Avenue east to Salem Avenue.
1. The original agreement had a time completion set for October 2005. As
HNTB progressed with their work on the environmental document, they
came across two major issues which delayed their work, through no fault
of theirs. These delays were:
Delays related to the historic designation of the Rip Griffin Building
located at 4th Street and Slide Road. The original concept of the
project was to bypass the building, with one pair of streets on either
side of the building. As the work on the project commenced, it
became apparent from a geometric design, and intersection safety
standpoint, a preferable design would extend the roadway through
the building. With this new direction, a number of different issues
had to be investigated, including issues related to the possible
historic significance of the building.
Delays related to receiving acceptance and approval of traffic
projections for the roadways included in the project. There were
significant delays in receiving approval of the traffic projections
from the Texas Department of Transportation (TxDOT)
Transportation Planning and Programming (TP&P) Division office
in Austin. In order to continue with the public hearing for the project
required in receiving an approved environmental document, the
process was delayed awaiting TxDOT approval. This approval was
received in September 2005.
This amendment will extend the time of completion for the environmental
document to April 30, 2006 and will increase the compensation to HNTB by
$16,567.19 for a total contract of $816,515.82 for their work to get an
approved environmental document for this project.
2. This amendment will also authorize HNTB to perform the work for the
detailed PS&E necessary for the bid and construction of two City streets
included in this Northwest Passage project: Slide Road from Loop 289 to
Erskine Street and Erskine Street from Frankford Avenue to Salem
Avenue. The design package will include such tasks as: roadway design
with concrete paving on these thoroughfare streets; surveys, including
determining right-of-way (ROW) needs and ROW descriptions of parcels
needed; cut and fill determinations of the lake where the Slide Road
alignment will be located within the lake area; utility plans and
coordination; horizontal and vertical roadway design; numerous drainage
analysis including need and design of certain culverts and storm sewers
required of the project; signing and pavement marking details; traffic
signal details; street lighting (illumination) details; traffic control plans
including required detours and traffic sequencing; and bid document
preparation.
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Staff has worked with HNTB over the last few weeks to refine the scope
of work and proposed compensation to perform these PS&E design
services for this project. The lump sum compensation recommended for
City Council consideration on this portion of the amendment is in the
amount of $1,248,280.33. The compensation package is split as follows:
HNTB $ 781,027.95
PSC $ 333,987.78
High Tech $ 133,264.60
$1,248,280.33
FISCAL IMPACT
1. Funding exists in Capital Project 8510 - EQS for Northwest Passage for
the additional costs related to the environmental document. This capital
project has $830,000 budgeted, and with this amendment, there will be a
total contract for engineering services of $816,515.82 for the
environmental document.
2. Currently, $1,024,000 is budgeted for Erskine Street - Project No. 91101
and $355,000 for Slide Road - Project No. 91102 for total available
funding of $1,379,000 for these projects. This amendment will provide for
a lump sum contract of $1,248,280.33 for the detailed design (PS&E) of
the above -described portions of Erskine Street and Slide Road.
Staff recommended approval of this resolution.
Larry Hertel, City Engineer, gave comments and answered questions from
Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2005-R as recommended by staff.
Motion carried: 5 Ayes, 0 Nays.
Mayor Pro Tern Martin was away from the dais.
5.6. Contract Resolution — Emergency Management: Resolution No.
2005-RO546 authorizing the Mayor to execute a contract for the
acceptance of a $784,451 Sub -recipient Award for the FY 2005 Homeland
Security Grant Program from the U. S. Department of Homeland
Security, Office of Domestic Preparedness, with the Texas Governor's
Division of Emergency Management as the State Administrative Agency.
RESOLUTION NO.2005-RO546
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
1 to execute for and on behalf of the City of Lubbock, a Professional Services
lent by and between the City of Lubbock and HDR Engineering, Inc. and all
documents. Said Professional Services Agreement is attached hereto and
rated in this Resolution as if fully set forth herein and shall be included in the
of the Council.
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Page 518
Passed by the City Council this 18th day of November 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, P.E., Chief Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Professional Services Agreement is filed with Resolution No. 2005-R0546.
The $408,363 Homeland Security Grant Program, CFDA 97.073, provides
funds for the purchase of equipment that will enhance the City's response
capability for all hazards, with particular emphasis on terrorism.
The $148,496 Law Enforcement Terrorism Prevention Program (LETPP),
CFDA 97.97.074, provides funds for equipment to enhance local law
enforcement agencies' ability to mitigate and respond to potential acts of
terrorism.
The $227,592 Metropolitan Medical Response System Grant, CFDA 97.071,
provides funding to further enhance and maintain integrated, systematic
preparedness for local response to weapons of mass destruction high -casualty
events, until significant external assistance arrives. The FY 2005 grant is
awarded for capability focus areas including radiological preparedness, mass
care shelters, an emergency alerting system, National Incident Management
System compatibility, quarantine/isolation preparedness, Geographic
Information Systems, and a pharmaceutical cache.
FISCAL IMPACT
100% grant funded; no matching General Funds are required.
Staff recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2005-RO546 and amending it by
substituting the Professional Services Agreement and adding the
Environmental Assessment. Motion carried: 5 Ayes, 0 Nays.
Mayor Pro Tem Martin was away from the dais.
5.9. Contract Resolution — Emergency Management: Resolution No.
2005-RO545 authorizing the Mayor to execute a contract for the
acceptance of a $784,451 Sub -recipient Award for the FY 2005 Homeland
Security Grant Program from the U. S. Department of Homeland
Security, Office of Domestic Preparedness, with the Texas Governor's
Division of Emergency Management as the State Administrative Agency.
RESOLUTION NO.2005-RO545
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
acceptance of a Sub recipient Award for the Fiscal Year 2005 HOMELAND SECURITY
GRANT PROGRAM, in the amount of $784,451.00 in funds from the U. S. Department
of Homeland Security, Office of Domestic Preparedness, with the Texas Governor's
Division of Emergency Management as the State Administrative Agency. Said contract
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attached hereto and incorporated in this resolution as if fully set forth herein and shall
included in the minutes of the City Council.
assed by the City Council this 18th day of November, 2005.
LTTEST:
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
Garza, City Secretary
AS TO CONTENT:
Olson, Emergency Management Coordinator
AS TO FORM:
ohn M. Knight, Assistant City Attorney
copy of the contract is filed with Resolution No. 2005-R0545.
The $408,363 Homeland Security Grant Program, CFDA 97.073, provides
funds for the purchase of equipment that will enhance the City's response
capability for all hazards, with particular emphasis on terrorism.
The $148,496 Law Enforcement Terrorism Prevention Program (LETPP),
CFDA 97.97.074, provides funds for equipment to enhance local law
enforcement agencies' ability to mitigate and respond to potential acts of
terrorism.
The $227,592 Metropolitan Medical Response System Grant, CFDA 97.071,
provides funding to further enhance and maintain integrated, systematic
preparedness for local response to weapons of mass destruction high -casualty
events, until significant external assistance arrives. The FY 2005 grant is
awarded for capability focus areas including radiological preparedness, mass
care shelters, an emergency alerting system, National Incident Management
System compatibility, quarantine/isolation preparedness, Geographic
Information Systems, and a pharmaceutical cache.
FISCAL IMPACT
100% grant funded; no matching General Funds are required.
Staff recommended approval of this resolution.
Ken Olson, Emergency Management Coordinator, gave comments and
answered questions from Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2005-R0545 as recommended by staff.
Motion carried: 5 Ayes, 0 Nays.
Mayor Pro Tern Martin was away from the dais.
5.11 Contract Amendment Resolution — Aviation: Resolution No. 2005-R0547
authorizing the Mayor to execute an amendment to the automobile
parking management contract between the City and Republic Parking
System, Inc.
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Page 520
RESOLUTION NO. 2005-RO547
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to the
Automobile Parking Management Contract Between The City of Lubbock and Republic
Parking System, Inc. for Public Parking Facilities at the Lubbock International Airport,
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 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Amendment is filed with Resolution No. 2005-R0547.
The City entered into an agreement for the management of the passenger
terminal building parking lot at Lubbock Preston Smith International Airport
with Republic Parking System, Inc. beginning August 2004. The parking lot
equipment is in need of continuous repair and has been costly to maintain. The
equipment was present when Republic entered the contract with the City.
An airport capital project to re -build, rehabilitate, and reconfigure the parking
lot will begin in Spring 2006. Capital project funds are limited; therefore,
airport staff requested Republic Parking System, Inc. submit a proposal
whereby they would purchase new parking revenue control equipment.
Republic responded to staff s request proposing the new parking equipment
and revenue control system would cost approximately $318,000. This cost
includes additional equipment for a premium parking lot formerly used as the
rental car area.
Accepting Republic's proposal to purchase the equipment will require a
contract extension of five years in order for them to amortize the cost of the
equipment and will either increase the monthly management fee or
reimbursable expenses. The existing contract will then expire in July 2019
instead of 2014. The management fee or the reimbursable expenses will
increase by $2,777 per month or $33,324 per year. This cost represents an
interest rate of 5% and a thirteen -year term on their investment. Should the
City cancel the contract prior to 2019, the City will be responsible for the
remaining unamortized amount of the investment as of the date of
cancellation.
FISCAL IMPACT
The management fee or the reimbursable costs will increase by $2,777 per
month or $33,324 per year.
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The Airport Board and staff recommended approval of this resolution.
James Loomis, Director of Aviation, gave comments and answered questions
from Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2005-RO547 as recommended by staff.
Motion carried: 5 Ayes, 0 Nays.
Mayor Pro Tern Martin was away from the dais.
5.24 Contract Resolution — Telecommunications: Resolution No. 2005-RO548
for pager service, RFP #05-115/RW.
RESOLUTION NO.2005-RO548
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
cted to execute for and on behalf of the City of Lubbock, a Contract for the City of
bock pager services, RFP#05-115-RW, by and between the City of Lubbock and
iocall of Lubbock, Texas, and related documents. Said Contract is attached hereto
incorporated in this resolution as if fully set forth herein and shall be included in the
utes of the City Council.
assed by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
.TTEST:
Garza
Garza, City Secretary
(APPROVED AS TO CONTENT:
Yearwood, Chief Information Officer
ED AS TO FORM:
L. Sims, Assistant City Attorney
copy of the Contract is filed with Resolution No. 2005-R0548.
This contract establishes pricing for local, state, and nationwide pager service
for approximately 760 employee pagers necessary for communication
between department personnel and for emergency events. The evaluation
committee ranked the respondents to the RFP as follows:
Stenocall of Lubbock, TX
180.3
South Plains Communication of Lubbock, TX 158.2
Arch Wireless, Inc. of Austin, TX 150.2
Proposals were evaluated based on the following criteria:
• Proposed qualifications/experience/references with other institutions
similar in size to the City of Lubbock and ability to provide local support
to the City as required. 25%
• The per -unit cost per pager including maintenance and warranty. 35%
• An assessment of the vendor's ability to provide timely service of the
highest quality for the specific types of equipment required by this RFP,
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including future needs through enhancements and emerging technologies.
25%
• The respondent's record of providing service and support for the types of
equipment and the likelihood of a continuing ability to maintain the
highest level of support and maximum availability of the product. 15%
The contract term is two years with an option to renew annually for up to
three additional one-year terms.
Twenty-six local companies were notified of this Request for Proposal and
only two local companies responded.
FISCAL IMPACT
A total of $87,500 was appropriated with $87,500 available in account
3409.9145.06050 - Telephone System Pagers.
Staff recommended contract award to Stenocall of Lubbock, Texas for
$87,500 annually.
Mayor Pro Tern Martin had returned to the dais.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2005-RO548 as recommended by staff.
Motion carried: 5 Ayes, 0 Nays.
Council Member Boren recused himself.
5.27. Modifications of the Health Plan Resolution — Human Resources:
Consider a resolution approving changes to the City of Lubbock
Employee Benefit Plan administered by American Administrative Group,
formerly ICON Benefits Administrators.
This item was held to the December 15, 2005 City Council meeting.
The changes to the Employee Benefit Plan are to clarify definitions and
benefits that are already included in the Plan including our Open Enrollment
period. Also, changes in out -of -network benefits are to encourage participants
to utilize in -network physicians and facilities. The requirement for
Medicare -eligible retirees to enroll in Medicare Parts A and B in order to keep
City coverage will place the exposure for claims on Medicare. The City would
be secondary coverage for hospital, physician, and ancillary services, but
would continue to pay as primary for prescription claims. This requirement
would also apply to any dependents that are Medicare -eligible and covered by
the City's plan.
Additionally, there have been numerous requests from employees to allow for
waiver of coverage (not mandatory) for health and/or dental offered by the
City. This change would be implemented immediately.
1) Definition of dependent will specifically state grandchildren may be
covered provided the participant has legal guardianship of the child(ren)
and documentation will be required.
2) Spinal Manipulation/Chiropractic Care is a defined term. It will also be
defined as Chiropractic Care/Spinal Manipulation.
3) Redefine Open Enrollment as November 15 through December 15 of
each year.
4) Medicare -eligible retirees and dependents will be required to enroll in
Medicare Parts A and B in order to keep City coverage. Currently, staff
has 11 retirees not covered by Medicare and the City of Lubbock Benefit
Plan is paying as primary for any charges incurred by these participants.
Requiring these participants to be covered by Medicare would result in
the City's Benefit Plan being secondary to Medicare and paying 20%
rather than 80% of approved charges.
5) Employees will be allowed to waive health and/or dental coverage.
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Dental — Routine exams, cleanings, fluoride treatments changed to "two
per calendar year" rather than "two each 12 months".
6)
7) Increase emergency room co -pay to $75 from $50.
8) Decrease in -network chiropractic to 80% up to $1,000 per calendar year
after deductible, not covered out -of -network; currently 80% up to $1,500
after deductible in -network and 50% up to $1,500 after deductible
out -of -network.
9) Decrease Drug & Alcohol in -network and out -of -network to two series
lifetime for inpatient and outpatient services from three series lifetime
for in -network and out -of -network services.
10) Decrease out -of -network benefits for mental/nervous outpatient to 15
visits from 30 visits (60 for serious); hospice to 50% up to $10,000
lifetime maximum from $14,000 lifetime maximum; and skilled nursing
and home health care to 50% per calendar year up to $5,000 from $7,000
per calendar year.
FISCAL IMPACT
Proposed benefit changes subject to employee usage.
Staff recommended approval of this resolution.
5.28. Sole Source Purchase Resolution — Police Department: Resolution No.
2005-IZ0549 for x-ray machine with digital imaging system.
RESOLUTION NO.2005-RO549
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of the property described as XRS
-ray machine with digital imaging system (the "Property"), as more particularly
escribed in that certain Quotation, dated August 12, 2005, from Golden Engineering,
lc., to Golden Engineering, Inc. of Centerville, Indiana.
!E IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THAT the Purchasing and Contract Manager or his/her designee, BE and is
by authorized and directed to execute for and on behalf of the City of Lubbock any
all purchase orders and related documents regarding the purchase of the Property.
by the City Council this 18th day of November, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
TTEST:
Garza, City Secretary
VED AS TO CONTENT:
ictor Kilman
archasing & Contract Manager
VED AS TO FORM:
ichard K. Casner
first Assistant City Attorney
copy of the Purchase Order is filed with Resolution No. 2005-R0549.
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This item involves the sole source purchase of an XRS-3 X-ray machine with
digital imaging system used by the Police Department Bomb Squad to
examine packages that are suspected to contain explosive devices.
This system is the only portable computed radiography system designed
specifically for explosive ordnance and improvised explosive devices
examination. The scanner is a patented product (US Patent Number
5,635,728) sold under an exclusive distribution contract through Logos
Imaging. The imaging software is proprietary to Logos Imaging. Being
patented and proprietary, these devices and systems are not interchangeable
with those of another manufacturer.
Since this is the only portable system designed specifically for explosive
ordnance and improvised explosive devices examination, it is the only known
system that will meet the needs of the Lubbock Police Department Bomb
Squad. Portability is required to examine suspected explosive devices without
moving them and risking detonation.
The Lubbock Sheriff's Office Bomb Squad uses this system. Having two
identical systems provides redundant capabilities for the Lubbock Regional
Bomb Squad, which is composed of the Lubbock Police Department's and the
Lubbock Sheriff's Department Bomb Squads. Redundant capabilities allow
each squad to examine two suspected explosive devices simultaneously,
which would be necessary if two devices were found simultaneously or if one
squad was deployed outside of Lubbock when a device was discovered in
Lubbock.
FISCAL IMPACT
A total of $62,133 was appropriated with $26,990 available in account
87023.9220 - Law Enforcement Terrorism Prevention Program (LETPP)
2004. The purchase of this equipment is grant funded through Homeland
Security.
Staff recommended contract award to Golden Engineering, Inc. of Centerville,
Indiana for $26,990.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2005-RO549 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
5.29. Budget Amendment #5 Ordinance I't Reading — Finance: Ordinance No.
2005-00136 amendment #5 amending the FY 2005-06 budget respecting
the 1) Information Technology Fund, 2) General Fund, and 3) Grant
Funds.
ORDINANCE NO.2005-00136
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE 1) INFORMATION TECHNOLOGY FUND; 2)
GENERAL FUND; AND 3) GRANT FUND. (AMENDMENT #5)
1. Add $90,000 to Information Technology Fund to upgrade voice mail
system. The $90,000 will be funded from the Information Technology
Fund fund balance. An AS400 Server is to be purchased through the
Master Lease Program at a cost of $250,000.
2. Building Inspection Software is to be purchased through the General Fund
Master Lease Program at a cost of $115,000.
3. Accept and appropriate a $20,891 grant from the Texas State Library and
Archives Commission to support the Lubbock Public Library "Loan Star
Libraries" Direct Aid Program. The program will purchase library
multimedia materials and pay for a part-time Librarian. No City matching
funds are required.
4. Accept and appropriate a $15,000 grant from the American Society for the
Prevention of Cruelty to Animals (RSPCA). The grant will fund staff
training, equipment, and overtime associated with the Hurricane Katrina
disaster. No City matching funds are required.
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5. Accept and appropriate a $784,451 grant from the U.S. Department of
Homeland Security, Office of Domestic Preparedness for Homeland
Security with the Texas Governor's Division of Emergency Management
as the State Administrative Agency. The grant is made up of three parts:
Homeland Security, Law Enforcement Terrorism Prevention, and
Metropolitan Medical Response System. The $408,363 Homeland
Security Grant Program will purchase equipment that will enhance the
City's response capability for all hazards. The $148,496 Law Enforcement
Terrorism Prevention Program will purchase equipment to enhance local
law enforcement agencies' ability to mitigate and respond to potential acts
of terrorism. The $227,592 Metropolitan Medical Response System
program will further enhance and maintain integrated, systematic
preparedness for local response to weapons of mass destruction high -
casualty events. No matching City funds are required.
Staff recommended approval of the first reading of this ordinance.
Mark Yearwood, Director of Information Technology, and Leslie Cox,
Communications Analyst, gave comments and answered questions from
Council.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Gilbreath to pass on first reading Ordinance No. 2005-00136 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
REGULAR AGENDA
6.1 Public Hearing —10:00 AM — Zoning
6.1.1. Ordinance No. 2005-00137 ZONE CASE NO. 3053 (221 Redbud
Avenue) — Ordinance 1" Reading: Hold a public hearing to
consider the request of Jeffrey F. Lowry (for McKay Properties
One LLC) for a zoning change from R-1 to GO on Lot 13,
Mackenzie Terrace Addition.
ORDINANCE NO.2005-00137
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
)FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
"HANGES: ZONE CASE NO. 3053; A ZONING CHANGE FROM R-1 TO GO
,ONING ON LOT 13, MACKENZIE TERRACE ADDITION, LUBBOCK, TEXAS;
;UBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
'LAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Pro Tern Martin opened the public hearing at 10:25 a. in. No
one appeared on behalf of McKay Properties One LLC. No one
appeared in opposition. Mayor Pro Tern Martin closed the hearing at
10:26 a. in.
A structure located at the corner of Parkway Drive and Redbud
Avenue has been used for a number of activities, but the land remains
zoned R-1. A company that runs a large rental management office in
the Redbud area is using the building as an office and has been asked
to zone the parcel properly. The Garden Office designation will suit
their purpose very well.
Adjacent land uses:
North — residential
South — Parkway Drive
East — commercial
West — residentially zoned
The Garden Office request is consistent with the Comprehensive Land
Use Plan Policy for using Garden Office as a buffer to adjacent
residential. As noted, the building has been used for a number of
commercial type uses for years. Just recently the discrepancy for
zoning was discovered when a sign permit was requested.
The project will have no effect on the thoroughfare system.
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The Planning Commission recommended the request with one
condition:
• If the building should cease being a rental office, both the zoning
of the land and the use of the home shall revert to single family
(R-1).
Staff supports the Planning Commission recommendation.
Randy Henson, Senior Planner, answered questions from Council.
Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2005-00137
as recommended by staff. Motion carried: 5 Ayes, 0 Nays.
Mayor McDougal recused himself.
6.1.2. Ordinance No. 2005-00138 ZONE CASE NO. 2585-D (southeast
corner of Mac Davis Lane and University Avenue) — Ordinance 1"
Reading: Hold a public hearing to consider the request of
Parkhill, Smith & Cooper, Inc. (Chad Davis) (for SCM Property
Company, LLC (Wes Butero)) for a zoning change from R-3, C-3,
and C-4 to CB-2 Specific Use on Tract 2A, Overton Park Addition.
ORDINANCE NO.2005-00138
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2585-D; A ZONING CHANGE FROM R-3, C-3 AND
C-4 TO CB-2 SPECIFIC USE FOR A RESTAURANT ON TRACT 2A, OVERTON
PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Pro Tem Martin opened the public hearing at 10:25 a. m. No
one appeared on behalf of SCM Property Company, LLC. No one
appeared in opposition. Mayor Pro Tern Martin closed the hearing at
10:26 a. m.
The applicant is proposing development of two buildings as out
parcels to the Centre, north of the new City Bank.
Adjacent land use:
North
— commercial
South
— commercial
East —
commercial
West
— Texas Tech University
The applicant is requesting a Specific Use Permit with CB-2 as a base
district. This is the district used during the previous zone cases for the
commercial redevelopment of the Overton North area.
The request is consistent with the Comprehensive Land Use Plan
adopted for the project area and, with the conditions noted below,
consistent with zoning policy with regard to the "new urbanism"
concept being used during this process. The south parcel, the Chili's
Restaurant, is the primary target for approval during this discussion.
The north building use is yet to be determined. Proposed conditions of
this zone case will allow the process to proceed and provide adequate
review of that portion at the appropriate time.
The project should have no appreciable impact on the thoroughfare
system taking into account the redevelopment of the entire area.
The Planning Commission recommended the request with the
following four conditions:
• Tied to the proposed site plan and building elevations for the
Chili's project.
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• The Chili's store shall comply with the sign code, eventually in
combination with the yet to be determined use.
• The structure noted as "future building" shall have a site plan and
building elevations noting proposed materials in detail by the
Planning Commission prior to issuance of a construction permit.
• The parcel shall have a cross access and parking agreement filed of
record on the entire tract, whether platted into one or two lots, and
the proposed parking on the current site plan plus the spaces noted
on the future site plan review shall constitute the required parking
for the entire development.
Staff supports the Planning Commission recommendation.
Randy Henson, Senior Planner, answered questions from Council.
Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2005-00138
as recommended by staff. Motion carried: 5 Ayes, 0 Nays.
Mayor McDougal recused himself.
6.1.3. Ordinance No. 2005-00139 ZONE CASE NO. 1154-C (2520
Parkway Drive) — Ordinance 1" Reading: Hold a public hearing
to consider the request of Gordon Harris (for Louise M. Coleman)
for a zoning change from C-2 to C-4 limited to a drive thru
restaurant and all unconditionally permitted C-2 uses on 0.3829
acres of unplatted land out of Block A, Section 2.
ORDINANCE NO.2005-00139
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
)FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
'.HANGES: ZONE CASE NO. 1154-C; A ZONING CHANGE FROM C-2 TO C-4
AMITED TO A DRIVE THROUGH RESTAURANT AND ALL
JNCONDITIONALLY PERMITTED C-2 USES ZONING ON 0.3829 ACRES OF
JNPLATTED LAND OUT OF BLOCK A, SECTION 2, LUBBOCK, TEXAS;
;UBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
'LAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Pro Tern Martin opened the public hearing at 10:25 a. in. No
one appeared on behalf of Louise M. Coleman. No one appeared in
opposition. Mayor Pro Tern Martin closed the hearing at 10:26 a. m.
Mr. Harris would like to install a small drive thru food establishment
specializing in chicken. A drive thru is a C-4 use and the area is
currently zoned C-2. As the application is structured, only the drive
thru would be allowed in addition to the existing C-2 uses.
Adjacent land uses:
North — Parkway Drive
South — vacant
East — commercial
West — commercial
The request is consistent with the Comprehensive Land Use Policy for
C-4 being adjacent to regional thoroughfares since Parkway Drive is
part of U.S. 84 East. Mr. Harris wants to provide an additional food
service establishment to this part of the community but does not want
to have the responsibility for inside service and the gathering place it
would represent being so close to Alderson Junior High. The building
would meet C-4 development standards.
The project has access to the marginal access street along Parkway
Drive west of Zenith Avenue and would not create any disruption of
the traffic on Parkway Drive.
The Planning Commission recommended the request subject to one
condition:
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Regular City Council Meeting
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Page 528
• That the permitted uses be limited C-4 for a food drive thru
restaurant and all permitted C-2 uses.
Staff supports the Planning Commission recommendation.
Randy Henson, Senior Planner, answered questions from Council.
Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2005-00139
as recommended by staff. Motion carried: 5 Ayes, 0 Nays.
Mayor McDougal was away from the dais.
6.2. This item was the last item considered for the day and was considered
following Council reconvening at 2:13 P.M.
6.3. Voting Precincts Amendment Ordinance 2"d Reading — City Secretary:
ORDINANCE NO. 2005-00134—Amending Chapter 8, Section 8-4 of the
Code of Ordinances, with regard to Voting Precincts and Voting Places as
a result of annexations; assignment of new voting precincts to City
Council Districts to reflect the changes made by said annexations;
providing a map of the voting precincts and districts of the City of
Lubbock; providing a savings clause; providing that portions of Chapter
8 not amended shall remain the same; providing for publication; and
providing an effective date.
ORDINANCE NO. 2005-00134
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE
LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCTS AND
VOTING PLACES AS A RESULT OF ANNEXATIONS; ASSIGNMENT OF NEW
VOTING PRECINCTS TO CITY COUNCIL DISTRICTS TO REFLECT THE
CHANGES MADE BY SAID ANNEXATIONS; PROVIDING A MAP OF THE
VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK;
PROVIDING A SAVINGS CLAUSE; PROVIDING THAT ALL PORTIONS OF
CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
The City has completed five annexations during the past year and such
annexations, including the corresponding changes to the voting precincts and
voting districts and establishment of polling places have been submitted to
and approved by the U.S. Department of Justice. Lubbock County has
adjusted its voting precincts to reflect said annexations by the City of
Lubbock. The City is required by Section 42.061 of the Texas Election Code
to establish changes to voting precincts within the City in response to the
changes made by Lubbock County.
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. 2005-00134 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.4. Budget Amendment #4 Ordinance 2"d Reading - Finance: ORDINANCE
NO. 2005-00135—Amendment #4 amending the FY 2005-06 budget
respecting the General Fund.
ORDINANCE NO. 2005-00135
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE GENERAL FUND. (AMENDMENT #4)
Add one full-time position to the City Engineer's Office. The Capital Project
Manager will oversee management of capital projects funded by General
Obligation Bonds approved by the voters. Funding for this position will come
from already appropriated bond funded projects. As the Project Manager
works on various projects, the Manager's time will be charged to the
appropriate capital project.
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FISCAL IMPACT
No additional funds are required for the Capital Project Manager. The position
will be funded within existing appropriation.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Gilbreath to pass on second and final reading Ordinance No. 2005-00135 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.5. Public Hearing Resolution — Business Development: Resolution No.
2005-RO550 calling for a public hearing to be held at 10:15 a.m. on
December 15, 2005 to consider the creation of a Public Improvement
District for Vintage Township which covers a portion of an area from the
north one-half of Section 23, Block E-2, City of Lubbock, Lubbock
County, Texas, generally bounded by 1141h Street on the north, Quaker
Avenue on the east,122nd Street on the south, and Slide Road on the west.
RESOLUTION NO.2005-RO550
WHEREAS, a petition has been received from the record owners of taxable real
-operty representing one hundred percent (100%) of the appraised value of the real
-operty liable for assessment (as determined by the most recent certified appraisal roll
)r Lubbock County) in the proposed Vintage Township Public Improvement District
'ID) which covers the north one-half of Section 23, Block E-2, City of Lubbock,
ubbock County, Texas, generally bounded by 1141h Street on the North, Quaker Avenue
n the East, 122°d Street on the South, and Slide Road on the West, AND the record
wners of taxable real property that constitutes all of the area of all taxable real property
kat is liable for assessment under the proposal; requesting creation of a Public
nprovement District under Chapter 372 of the Texas Local Government Code; and
WHEREAS, the petition, a copy of which is attached hereto as Exhibit "A", has
een examined, verified, and found to meet the requirements of Section 372.005(b) of the
exas Local Government Code and to be sufficient for consideration by the City of
ubbock; and
WHEREAS, the boundaries of the proposed Public Improvement District are
described in the attachment designated as Exhibit `B" and shown on the map attached
hereto as Exhibit "C", said area for the Vintage Township PID being within the city
limits of the City of Lubbock;
WHEREAS, the City of Lubbock accepts the petition and desires to schedule a
ublic hearing to consider the formation of a Public Improvement District (PID) in this
rea pursuant to the Public Improvement District Assessment Act for the purpose of
reating the following proposed public improvements: (i) the design, construction and
iaintenance of parks and greens together with any ancillary structures, features or
menities such as playgrounds, athletic facilities, pavilions, community facilities, bridges,
ralkways, lighting, benches, trash receptacles and similar items located therein along
rith all necessary grading, drainage and similar infrastructure involved in the
instruction of such parks and greens; landscaping, hardscaping and irrigation; the
esign, construction and maintenance of water features such as lakes, ponds and
)untains; distinctive lighting and signs; construction and improvement of pedestrian
calls, passages or pathways including pedestrian bridges; design, construction and
nprovement of vehicular bridges and low water crossings; design, construction and
nprovement of community meeting halls or similar buildings; design, construction and
nprovement of community monuments, towers, and other amenity -type structures;
cquisition and installation of art work; design, acquisition, installation and improvement
f telecommunication and similar technology systems; and special supplemental services
s defined in the Act, together with related permits and licenses; and (ii) payment of costs
ssociated with developing and financing the public improvements listed in subdivision
.) including costs of issuing bonds and funding debt service and capitalized interest
-serves for such bonds and costs of establishing, administering and operating the
)istrict., all in accordance with the Act; NOW, THEREFORE,
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT a public hearing is hereby scheduled at 10:15am, Thursday,
per 15, 2005, in the City Council Chambers, 1625 13`h Street, Lubbock, Texas, to
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Regular City Council Meeting
November 18, 2005
Page 530
receive public comment on the formation of a Vintage Township Public Improvement
District in the area described' in Exhibit B and as shown on the map in Exhibit C,
pursuant to Chapter 372 of the Texas Local Government Code; and
SECTION 2: THAT notice of said hearing shall be published in a newspaper of
general circulation in the city before the 15th day prior to the hearing as required by state
law; and
SECTION 3: THAT written notice shall be mailed to each property owner, as
reflected on the tax rolls, of property subject to assessment under the proposed public
improvement district, before the 151h day prior to the date set for the hearing.
Passed by the City Council this 18th day of November, 2005.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT
/s/ Rob Allison
Rob Allison
Director of Business Development
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Senior Attorney
Office Practice Section
A copy of the Exhibit "A" is filed with Resolution No. 2005-R0550.
The City has received a petition from Stellar Land Company, Ltd. and Vintage
Land Company, Ltd. requesting that the City establish a Public Improvement
District (PID) for the proposed Vintage Township development area. The area
covers approximately 320 acres. PID establishment can only be initiated by a
petition of property owners meeting two tests outlined in the statute; petition
signed by the owners o£ 1) more than 50% of the appraised value of the
taxable real property liable for assessment, and 2) the record owners of
property that constitute more than 50% of the number of record owners or of
more than 50% of the area within the PID. The petition received by the City
was signed by Paul Stell representing both companies requesting the
establishment of the Vintage Township Public Improvement District, owners
of 100% of the total appraised value ($1,670,420) for the area and 100% of
the total land areas contained by the proposed PID. The petition has been
examined, verified, and found to meet the requirements of Section 372.005(b)
of the Texas Local Government Code and to be sufficient for consideration by
the City.
The public hearing is to consider the formation of a Public Improvement
District in this area pursuant to the Public Improvement District Assessment
Act for the purpose of constructing and maintaining specific amenities defined
in the Master Development Agreement approved by City Council on
November 7, 2005.
FISCAL IMPACT
As per the Master Development Agreement approved by City Council on
November 7, 2005, the Developer has agreed to pay all the City's cost and
expenses relating to the development and establishment of this PID. In
addition, the construction and maintenance expenses that will be identified in
the PID Service Plan will be funded through an assessment to the property
owners; therefore, no impact on the City's budget.
Staff recommended the public hearing be held at 10:15 a.m. on December 15,
2005.
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Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2005-RO550 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
6.6. Board Chair Appointment — City Secretary: Appoint the Chair for the
North Overton Tax Increment Financing Reinvestment Zone for calendar
year 2006, with the term ending January 1, 2007.
By State statute and the ordinance creating the North Overton TIF, the
governing body of the municipality will appoint one member of the Board to
serve as Chair for a one-year term. Jack Driskill is currently serving as Chair
and has agreed to serve this year.
Staff recommended Jack Driskill be appointed as the Chair of the North
Overton TIF.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to appoint Jack Driskill to the North Overton Tax Increment
Financing reinvestment Zone for calendar year 2006. Motion carried: 5
Ayes, 0 Nays.
Mayor McDougal recused himself.
6.7. Policy Resolution — Councilwoman DeLeon: Resolution No. 2005-RO551
establishing a policy concerning the broadcast of City Council meetings
on the City cable television channel, and take appropriate action.
RESOLUTION NO.2005-RO551
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
of the citizens of the City of Lubbock to establish a policy regarding the
ist of City Council meetings on the city cable television channel; NOW
:FORE:
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council adopts a policy for citizen appearances the same as the
Lubbock Independent School District's policy, which requires written notice seven days
rior to a Council meeting to be placed on the agenda, so that people who wish to address
he Council would be on the agenda, giving the public and everyone else sufficient notice
d what they intend to speak on and that it would be available to everyone; then,
therefore, the City Council will allow citizen comments to be televised
assed by the City Council this 18th day of November 2005
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
TTEST:
Garza, City Secretary
APPROVED AS TO FORM:
John M. Knight, Assistant City Attorney
John Knight, Assistant City Attorney, answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2005-RO551 and include the resolution in the
minutes. Mayor Pro Tern Martin requested to amend the language of the
resolution to omit all the language after "BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF LUBBOCK" and replace it with "that the City
Council adopts policy for citizen appearances the same as the Lubbock
Independent School District's policy, which requires written notice seven days
prior to a Council meeting to be placed on the agenda, so that people who
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Regular City Council Meeting
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Page 532
wish to address the Council would be on the agenda, giving the public and
everyone else sufficient notice and what they intend to speak on, and that it
would be available to everyone; then, therefore, we could allow citizen
comments to be televised". Council Member DeLeon did not accept the
amendment. A vote was taken on the amendment, which carried: 4 Ayes, 2
Nays. Council Members DeLeon and Price voted Nay. Vote was then taken
on the amended resolution. Motion failed: 3 Ayes, 3 Nays. Mayor
McDougal and Council Members DeLeon and Price voted Nay.
Motion was made by Council Member Boren, seconded by Council Member
Gilbreath to reconsider Item 6.7. Motion carried: 6 Ayes, 0 Nays.
After further discussion, Motion was made by Council Member Boren,
seconded by Council Member Gilbreath to pass Resolution No. 2005-RO551
and amend it to read that a citizen has to submit in writing 72 hours in
advance of a Council meeting that he/she wishes to address Council and on
what topic. Mayor McDougal pointed out that the present motion was the
same as the prior failed motion except with a time frame of 72 hours instead
of seven days. After further discussion, Council Member Boren and Council
Member Gilbreath withdrew the motion and the second. Motion was then
made by Council Member Boren, seconded by Council Member Gilbreath to
pass Resolution No. 2005-RO551 as amended. Motion carried: 4 Ayes, 2
Nays. Council Members DeLeon and Price voted Nay. Note: The
amendment was to omit all the language after `BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF LUBBOCK" and replace it with "that a
citizen has to submit in writing seven days in advance of a Council meeting
that he/she wishes to address the Council and on what topic, giving the public
and everyone else sufficient notice and what they intend to speak on, and that
it would be available to everyone; then, therefore, City Council could allow
citizen comments to be televised.
11:00 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
2:13 P. M. CITY COUNCIL RECONVENED
Mayor McDougal was absent
6.2. Board Appointments — City Secretary: Consider three appointments to
the Central Business District Tax Increment Financing District, one
appointment to the Community Development & Services Board, four
appointments to the Housing Finance Corporation, one appointment to
the Lubbock Emergency Communications District, three appointments to
the Libraries Board, four appointments to the Structural Standards
Commission, two appointments to the Urban Renewal/Neighborhood
Redevelopment Commission, one appointment to the Water Board of
Appeals, one appointment to the West Texas Municipal Power Agency,
one appointment to the Museum & Arts Standing Sub -Committee, and
five appointments to the Reese Redevelopment Authority Board of
Directors.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to reappoint Merle Blosser, Robert Taylor, and Brent Noble to
the Central Business District TIF Board. Motion carried: 5 Ayes, 0 Nays.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to reappoint Royce Newsom to the Community Development
& Services Board. Motion carried: 5 Ayes, 0 Nays.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to appoint Andy Cates and Carolyn Crowson, and re -appoint
Cathy Allen and Ken Flagg to the Housing Finance Corporation Board.
Motion carried: 5 Ayes, 0 Nays.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to reappoint Bob Wood to the Lubbock Emergency
Communications District Board. Motion carried: 5 Ayes, 0 Nays.
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ovember 18, 2005
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Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to reappoint Margret Ingraham, Jacquelyn Porch, and Ralph
Shelton to the Libraries Board. Motion carried: 5 Ayes, 0 Nays.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to reappoint Bill Cantrell and appoint John Heagy, L.V.
Andrews, Mike Arnold, and Michael Martin to the Structural Standards
Commission. Motion carried: 5 Ayes, 0 Nays.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to reappoint Scott Scarborough and appoint Pepe Lucio to the
Urban Renewal/Neighborhood Redevelopment Commission. Motion carried:
5 Ayes, 0 Nays.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to appoint Bo Jackson to the Water Board of Appeals. Motion
carried: 5 Ayes, 0 Nays.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to reappoint Martha York to the West Texas Municipal Power
Agency. Motion carried: 5 Ayes, 0 Nays.
No action was taken on the appointments to the Museum & Arts
Standing Sub -Committee.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to reappoint Delbert McDougal, John Tye, and Connie
Wharton with term expiring in 2009, and appoint Dr. Dean Smith and
Suzanne Wilson with term expiring in 2007 to the Reese Redevelopment
Authority Board of Directors. Motion carried: 5 Ayes, 0 Nays.
2:15 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor McDougal
adjourned the meeting.
Read and approved this 30th day of November, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
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