HomeMy WebLinkAboutMinutes - City Council - Regular - 12/1/2005CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
December 1, 2005
7:30 A. M.
e City Council of the City of Lubbock, Texas met in regular session on the 1st day
December, 2005, in the City Council Chambers, first floor, City Hall, 1625 13th
-eet, Lubbock, Texas at 7:30 A. M.
:31 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Mayor Pro Tem Tom Martin, Council Member Gary O. Boren,
Council Member Linda DeLeon, Council Member Jim Gilbreath,
Council Member Phyllis Jones, Council Member Floyd Price
Mayor Marc McDougal
CITIZEN COMMENTS PERIOD
1.1. Mike Garcia appeared before the City Council to speak about
improvements of North West Little League and the need for distribution
of available funds to go to North and East Lubbock.
Mike Garcia with the West Texas Organizing Strategy and Vice -President of
North West Little League addressed the issue of the lack of public restrooms
at the facilities of North West Little League. He stated that he has been
affiliated with this complex for approximately thirty-eight years and there
have been no public restrooms. Portable restrooms are being used currently
and Garcia stated they are not safe, healthy, or adequate. Since he spoke at
the last City Council meeting, City staff has presented proposed plans to
construct public restrooms. Mr. Garcia asked Council to consider the
proposal that staff will present to them. By having public restrooms at North
West Little League complex, All -Star games can be held there. For the last
twenty to twenty-five years, there has not been an All -Star game held there
because of the fields being inadequate.
Nancy Haney, Executive Director of Community Development, informed
Council that an item would be placed on the December 15, 2005 City Council
agenda. She also stated that after today's briefings, plans would be presented
to Council. Ms. Haney then answered questions from Council.
City Manager Lee Ann Dumbauld informed Council that there would be a
budget amendment included, so that the project can go forward.
1.2. Davis B. Price appeared before the City Council regarding funding and
other matters relating to north and northeast neighborhoods, in
particular Northwest Little League, Guadalupe Community Center,
amphitheater restrooms, and Patterson Park.
Davis Price, Pastor of Covenant Presbyterian Church and Clergy with West
Texas Organizing Strategy, addressed Council regarding funding for the
Guadalupe Community Center. "Healthy Families" is an initiative started by
the West Texas Organizing Strategies, and is something that is greatly needed
in our communities, which leads to the issues of the much -needed restrooms
at North West Little League and MacKenzie Park Amphitheater. Guadalupe
Community Center would be an ideal place to provide health screenings,
including blood pressure and glucose screenings. There could also be
nutritional seminars held to benefit the citizens of that community, if the
community center was in place. He stated that Patterson Park is essentially a
nonfunctioning and uncared-for park. Safe places are needed for families to
be able to go. The health of the citizens is a large part of what a community
is. The City of Lubbock could offer some help in terms of infrastructure, to
provide a place for citizens to have a healthy future and be more productive
citizens in a community.
Regular City Council Meeting
December 1, 2005
Page 536
Council Member Price informed Pastor Price that the Patterson Park was
donated about two years ago to the Parkway/Cherry Point Neighborhood
Association and is a private entity.
Assistant City Manager Quincy White clarified that the City of Lubbock was
never involved in Patterson Park. It was a joint venture between a private
contractor and the Lubbock Housing Authority. The private owner of the
property turned ownership totally over to the Lubbock Housing Authority and
at some point it was turned over to the Cherry Point Neighborhood
Association. White informed Pastor Price that he and Nancy Haney,
Executive Director of Community Development, would meet with Fulton
Berry of the Lubbock Housing Authority to get some further details about
Patterson Park.
1.3. Gerald Dolter, Interim President of the Board of Lubbock Moonlight
Musicals, and other members of the Board appeared before the City
Council to speak about restroom facilities and entertainment for the
MacKenzie Park Amphitheater project.
This item was deleted (Citizen was not present).
2. EXECUTIVE SESSION
Mayor Pro Tern Martin 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."
7:55 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
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 (Codes,
Water Utilities).
2.2. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Airport, Fire Department, 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 551.086, on the following competitive matters (Electric
Utilities):
2.4.1. to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.4.2 to discuss, vote and take fmal action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light;
2.4.3. to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency.
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2.5. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.087 to discuss or deliberate regarding commercial or
financial information that the governmental body has received from a
business prospect that the governmental body seeks to have locate, stay,
or expand in or near the territory of the governmental body and with
which the governmental body is conducting economic development
negotiations (Business Development).
8:40 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Pro Tem Tom Martin; Council Member Gary 0. Boren;
Council Member Linda DeLeon; Council Member Jim Gilbreath;
Council Member Phyllis Jones; Council Member Floyd Price; Lee
Ann Dumbauld, City Manager; Anita Burgess, City Attorney; and
Tommy Combs, Deputy City Secretary
Absent: Mayor Marc McDougal
Mayor Pro Tem Martin reconvened the meeting at 8:40 A. M.
3. PROCLAMATIONS AND PRESENTATIONS were considered following
Council reconvening at 9:35 a.m.
4. MINTUES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
November 7, 2005
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to approve the minutes of the Regular City Council Meeting of
November 7, 2005 as recommended by staff. Motion carried: 6 Ayes, 0
Nays.
5. CONSENT AGENDA
5.1. International Building Code Ordinance 1st Reading — Building
Inspection: Ordinance No. 2005-00140 amending Articles I and II of
Chapter 6 of the Code of Ordinances of the City of Lubbock, Texas with
regard to adoption of the 2003 International Building Code and
providing for certain amendments to meet local conditions; providing a
penalty; providing a savings clause; and providing for publication.
ORDINANCE NO. 2005-00140
AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 6 OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH
REGARD TO ADOPTION OF THE 2003 INTERNATIONAL BUILDING CODE AND
PROVIDING FOR CERTAIN AMENDMENTS TO MEET LOCAL CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Since 2001 the City of Lubbock has been under a "mixed" set of model
construction codes involving documents of various years and from more than
one promulgating organization. In addition to the confusion and conflict this
creates for designers, contractors, and enforcing officials, this has also
negatively impacted our Insurance Services Organization rating, which
ultimately determines hazard insurance rates for Lubbock property owners.
Revision of all of our codes to reflect 100% use of the International Code
"family" has long been a department goal as the nation moves to this concept
as a national standard. In its last regular session, the Texas Legislature
mandated adoption of the 2003 International Building Code by all Texas
municipalities on or before January 1, 2006. The document has undergone
intensive scrutiny by the Building Board of Appeals over the past year, which
has resulted in the attached ordinance draft adopting the 2003 International
Building Code. Please note that the ordinance will also serve to consolidate
general administrative provisions common to all eight technical codes into a
single location in Article I, and has preserved our local administrative
amendments. This should serve to make the documents much easier to use and
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understand. The Fire Marshall, by separate ordinance, is also seeking approval
of the 2003 International Fire Code, which is a companion document to the
Building Code. After January 1, the Building Inspection Department will seek
adoption of the 2003 editions of the International Residential, Plumbing,
Mechanical, Fuel Gas, Energy Conservation, and Existing Buildings Codes,
which will finally result in a single, integrated set of model construction codes
for our citizens.
FISCAL IMPACT
As proposed, the document contains provisions for an increase in plan review
fees from 15% to 25% of total permit fees, applicable to commercial reviews
only; and provides fees for subsequent post -permitting reviews of change
orders and other amendments to construction documents.
The Building Board of Appeals and the Building Inspection Department both
recommended approval.
Steven O'Neal, Building Official, gave comments and answered questions
from Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass on first reading Ordinance No. 2005-00140 with an
amendment to exclude the language that refers to registration of
subcontractors. Motion carried: 6 Ayes, 0 Nays.
5.2. International Fire Code Ordinance lst Reading — Fire Department:
Ordinance No. 2005-00141 adopting the 2003 Edition of the
International Fire Code providing for certain amendments to such code
and amend certain sections of Chapter 11 of the local ordinance in order
to meet local conditions; providing a penalty; and providing for
publication.
ORDINANCE NO.2005-00141
AN ORDINANCE ADOPTING THE 2003 EDITION OF THE
INTERNATIONAL FIRE CODE PROVIDING FOR CERTAIN AMENDMENTS TO
SUCH CODE AND AMEND CERTAIN SECTIONS OF CHAPTER 11 OF THE
LOCAL ORDINANCE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A
PENALTY; AND PROVIDING FOR PUBLICATION
The current adopted Fire Code is the 1991 edition. The most current published
Fire Code is the 2003 International Fire Code. This new code is the
companion document to the 2003 International Building Code. The provisions
of this ordinance will not affect the International Residential Code that is
currently adopted. The Fire Department has worked several years through
several different code cycles attempting to get a current fire code adopted.
Code of Ordinances Chapter 11 was analyzed by the Ordinance Review
Committee and all amendments and changes to Chapter 11 and the adoption
of the 2003 International Fire Code were recommended to City Council by the
Committee. Meetings and reviews by the Building Official and Fire Marshal's
Office were held with the Building Code Review Committee and areas of
concern were discussed and addressed.
Staff recommended approval of the first reading of this ordinance.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass on first reading Ordinance No. 2005-00141 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
5.3. Contract Resolution — Fire Department: Resolution No. 2005-RO553 to
repair a fire pumper truck.
RESOLUTION NO.2005-RO553
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized and
directed to authorize for and on behalf of the City of Lubbock, E-One of Ocala, Florida to
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an Emergency -One Pumper for the Lubbock Fire Department and to authorize
ent therefore.
by the City Council this 1 st day of December, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
►TTEST:
Garza
Garza, City Secretary
AS TO CONTENT:
Hailey, Fire Chief
VED AS TO FORM:
John M. Knight, Assistant City Attorney
This item authorizes original equipment manufacturer trained service
technicians to perform exterior bodywork and repairs to all affected internal
engine and structural cab components of a fire pumper truck for the Fire
Department.
This fire apparatus sustained significant collision damage to the left front
corner of the cab and repairs need to be performed by the E-One manufacturer
located in Ocala, Florida to maintain 10-year warranty coverage against
corrosion and perforation, Repairs by the manufacturer also ensures the
structural integrity of this equipment.
FISCAL IMPACT
A total of $100,000 was appropriated and $100,000 is available in fund
308.8507.09673 -Property Insurance Deductible. The cost for transport to and
from the manufacturer is estimated to be approximately $7,000. Required
repairs and all tests to ensure safe operation is estimated to be approximately
$27,888.
Staff recommended City Council authorize E-One of Ocala, Florida to
complete necessary repairs.
Fire Chief Steve Haley gave comments and answered questions from Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2005-RO553 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
5.4. Contract Resolution — Libraries: Resolution No. 2005-RO554 authorizing
the Mayor to execute the necessary State Fiscal Year 2006 contract and
subsequent amendments with the Texas State Library and Archives
Commission to support the Lubbock Public Library Loan Star Libraries
Direct Aid Program.
RESOLUTION NO.2005-RO554
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 the necessary SFY 2006
A documents and subsequent amendments with the Texas State Library and
es Commission to support the Lubbock Public Library "Loan Star Libraries"
Aid Program, and all related documents. Said Contract and related documents are
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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 1 st day of December, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jane Clausen
Jane Clausen, Library Director
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2005-R0554.
The 79th Texas State Legislature appropriated $2.7 million in each year of the
2006-2007 biennium for the Loan Star Libraries Program of direct state aid to
Texas public libraries. This grant provides direct grants-in-aid to public
libraries that are members of the Texas State Library System. Under this
program, the Lubbock Public Library will receive $20,891 in State Fiscal
Year 2006.
The purpose of the Loan Star Libraries direct aid program, 13 TAC Sec.
2.160, is to provide incentive for local communities to extend public library
service without charge to those Texans residing outside each library's local
legal service area, to improve library services statewide, and to improve
access to public library resources for all Texans.
Primarily because of geographical factors, the Lubbock Public Library has
never instituted a non-resident fee. Also, it has historically provided reciprocal
borrowing status to anyone living in the 29-county area of the West Texas
Library System. With these provisions already in place, the Lubbock library is
eligible to receive full funding under the Direct Aid program.
The Lubbock Public Library will use the Loan Star funds to supplement the
local library support for library materials in order to support the grant purpose
of equal access for all Texans at the local level. The Library will purchase
books on tape and CD, videos, DVDs, and other audio-visual materials for
adults and children. The Library will also fund a part time Librarian I, at ten
hours per week.
FISCAL IMPACT
A total of $20,891 from the Texas State Library and Archives Commission
was appropriated for the purchase of library multimedia materials and for a
part time Librarian I. Personnel costs are $9,152 and $11,739 will be spent on
materials.
Staff recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2005-R0554 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
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5.5. Contract Resolution — City Secretary: Resolution No. 2005-RO555 for a
professional services agreement for Code of Ordinances supplementation
services with Franklin Legal Publishing, Inc. of Lubbock, and any
associated documents, for Lubbock Code of Ordinances supplementation
services.
RESOLUTION NO.2005-RO555
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
xecute for and on behalf of the City of Lubbock a Professional Services agreement for
ode of Ordinances Supplementation Services with Franklin Legal Publishing, Inc., of
ubbock, and any associated documents, for Lubbock Code of Ordinances
upplementation services, a copy of which professional services agreement is attached
ereto 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.
assed by the City Council this 1 st day of December, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
Garza, City Secretary
AS TO CONTENT:
Garza, City Secretary
PROVED AS TO FORM:
G. Vandiver, Attorney of Counsel
copy of the professional services agreement is filed with Resolution No. 2005-R0555.
This contract involves ordinance codification and code supplementation
services. The City of Lubbock currently has codification and supplementation
services with Municipal Code Corporation of Tallahassee, Florida. Franklin
Legal Services of Lubbock, Texas will replace the services that Municipal
Code is currently providing.
Franklin Legal is the only Texas -based publishing firm that offers complete
ordinance codification, recodification, and code supplementation services.
President and Attorney -at -Law R. Kirk Franklin has specialized in the
municipal ordinance codification industry for well over a decade and has a
team of staff members that have many years of experience in the ordinance
codification field.
The Internet version of the Code of Ordinances to be provided by Franklin
Legal Services will be easier to use. It provides cross-references and the links
to other sections of the code and is more user-friendly than the one staff
currently have with Municipal Code.
FISCAL IMPACT
No direct impact on the FY 2005-06 budget. Codification and code
supplementation services cost the City less than $10,000 annually. This cost is
distributed annually among various user departments. The cost and process
will remain the same with Franklin Legal Publishing, Inc.
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Staff recommended approval of this resolution
Kirk Franklin, founder and owner of Franklin Legal Publishing, Inc., gave
comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2005-RO555 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
5.6. Property Offer Resolution — Right -of -Way: Resolution No. 2005-RO556
authorizing the Right -of -Way Department to make an offer to the estate
of C. G. Newsom and Annie A. Newsom for a 1.69 acre tract of land
located at the southwest corner of 104th Street and Milwaukee Avenue for
a future Southwest Lubbock fire station site located at 10410 Milwaukee
Avenue.
RESOLUTION NO.2005-RO556
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock 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
land for municipal public use and purposes, to -wit: for a Southwest Lubbock Fire
Station and the City Council of said City finds it in the public interest and for public
purposes and municipal purposes to proceed with the acquisition of lands as needed for
such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the tract of land further described in
Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as
set forth in the preamble hereof.
SECTION 2. THAT the owner of said tract, being the Estate of C. G. Newsom
and Annie A. Newsom, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $20,000 which is the amount appraised as the value and total
damages for the fee simple title and acquisition of said real estate for the purposes herein
stated.
Passed by the City Council this 1 st day of December, 2005.
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
ATTEST:
/s/ Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Senior Attorney/Office Practice Section
A copy of the Exhibit "A" is filed with Resolution No. 2005-R0556.
The Right -of -Way Department is in the process of acquiring future fire station
sites in the newly annexed areas of South and West Lubbock. One site needed
is in the vicinity of 98th Street south to 1141h Street, adjacent to Milwaukee
Avenue. Several owners were contacted and a few responded. An adjacent
landowner to the property being placed on the City Council agenda offered to
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sell a one -acre tract of land for $1 per square foot for a total of $43,540. Mrs.
Newsom, who owns the land at the southwest corner of 1041h Street and
Milwaukee Avenue, has agreed to sell this 1.69-acre tract of land for $00.27
per square foot for a total of $20,000, which is the offer to her.
FISCAL IMPACT
Cost to the City of $20,000 from account #000-000-0000-0000 - a Capital
Projects account.
Staff recommended approval of this resolution.
Fire Chief Steve Haley gave comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2005-RO556 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
5.7. Sole Source Purchase Resolution — Police Department: Resolution No.
2005-RO557 for police electronic immobilization weapons.
RESOLUTION NO.2005-RO557
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of the property described as police
lectronic immobilization weapons (the "Property"), and more particularly described as
Ldvanced TASERS in that certain letter, dated November 14, 2005, prepared by TASER
iternational, to G.T. Distributors, Inc. of Austin, Texas.
E IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
UBBOCK:
THAT the Director of Purchasing and Contract Management or his/her
nee, BE and is hereby authorized and directed to execute for and on behalf of the
of Lubbock any and all purchase orders and related documents regarding the
ase of the Property.
by the City Council this 1st day of December, 2005.
IS/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
TTEST:
Garza, City Secretary
VED AS TO CONTENT:
ictor Kilman
irector of Purchasing and Contract Management
AS TO FORM:
:ichard K. Casner
irst Assistant City Attorney
copy of the Purchase Order is filed with Resolution No. 2005-RO557
This item involves the sole source purchase of 36 police electronic
immobilization weapons for Police Academy Recruit Class 2005B. TASERTM
International of Scottsdale, Arizona is the sole source manufacturer of the
less -lethal Advanced TASER X26E model and G.T. Distributors of Austin,
Texas is their sole authorized distributor in the State of Texas.
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The Advanced TASER meets the specialized needs of the Police Department
by having unique features that are not found with other TASERS. It is the
only less lethal -weapon that 1) can stop an aggressive and focused combat
attacker, 2) directly stimulates motor, nerve, and muscle tissue causing
incapacitation regardless of mental focus, training, size, or drug induced
dementia, 3) comes with an on -board memory chip to download 2000 past
firings based on the time and date the unit was fired to protect officers from
unfounded charges of misuse of force, 4) has over 99.9% field effectiveness
rating, and 5) has same hand motions and muscle memory as standard 9 mm
semi -automatic pistols, reducing the amount of time required to train a police
officer.
TASERS have been proven to reduce officer and resistant subject injuries
during confrontations that turn physical or which have the propensity to turn
physical. The Lubbock Police Department wishes to supply Recruit Class
2005B officers with TASERS to help protect themselves and others during
such incidents. All other police officers are currently equipped with the
TASER and this acquisition will provide Recruit Class 2005B with an equal
level of protection.
Texas Local Government Code Chapter 252.022(7)(A) exempts municipalities
from soliciting competitive bids for a procurement of items
that
reavailable
from only one source because of patents, copyrights, processes,
natural monopolies.
FISCAL IMPACT
A total of $31,395.88 was appropriated with $31,385.88 available in account
5735.8163 - Equipment Supplies.
Staff recommended contract award to G.T. Distributors, Inc. of Austin, Texas
for $31,385.88.
Police Chief Claude Jones gave comments and answered questions from
Council.
Motion was made by Council Member
Gilbreath,
rR0557 as recommended by
nded by Council
Member DeLeon to pass Resolution
staff. Motion carried: 6 Ayes, 0 Nays.
5.8. Contract Resolution — Public Works Engineering: Resolution No.
2005-RO558 for East 481h Street Strip Paving — BID #05-126/BM.
RESOLUTION NO.2005-RO558
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock,a Con
Lubbockeand West
Street strip paving, Bid #05-126-BM, by and between the
y
Texas Paving, Inc. of Lubbock, Texas, and ifafull set forth hereinContract is attached
andshall be included
hereto and incorporated in this resolution as y
in the minutes of the City Council.
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545
d by the City Council this 1 st day of December, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
TTEST:
Garza, City Secretary
ROVED AS TO CONTENT:
Hertel, City Engineer
OVED AS TO FORM:
ohn M. Knight, Assistant City Attorney
CONTRACT
TATE OF TEXAS §
OUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 1 st day of December, 2005, by
between the City of Lubbock, County of Lubbock, State of Texas, acting by and
high Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
'NER, and West Texas Paving, Inc., of the City of Lubbock, County of Lubbock, and
State of Texas, herein termed CONTRACTOR.
ITNESSETH: That for and in consideration of the payments and agreements
ereinafter mentioned, to be made and performed by the OWNER and under the
onditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
ereby agrees with OWNER to commence and complete the construction of certain
mprovements described as follows:
:) #05-126-13M - EAST 48TH STREET STRIP PAVING - $128,800.00
1 all extra work in connection therewith, under the terms as stated in the contract
;uments, and at his (or their) own proper cost and expense to furnish all materials,
iplies, machinery, equipment, tools, superintendence, labor, insurance, and other
essories and services necessary to complete said construction in accordance with the
itract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
written notice to do so shall have been given to him and to substantially complete
to within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
.ormance of the contract in accordance with the bid submitted therefore, subject to
itions and deductions, as provided in the contract documents and to make payment on
)unt thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
ent in Lubbock, Lubbock County, Texas in the year and day first above written.
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CITY OF LUBBOCK, TEXAS (OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
West Texas Paving, Inc.
By: /s/ Darrell Jarnagin
PRINTED NAME: Darrell Jarnagin
TITLE: President
COMPLETE ADDRESS:
West Texas Paving, Inc.
PO Box 64187
Lubbock, TX 79464
/s/ R. Keith Smith
Owner's Representative
ATTEST:
/s/ Murleen Jarnagin
APPROVED AS TO FORM: Corporate Secretary
/s/ Don Vandiver
City Attorney
This project involves strip paving East 481h Street from Ute Avenue to
Southeast Drive. The paving is to address a request from an abutting property
owner caring for a child using a wheelchair. The child must ride the bus to
school and the bus will not operate on the unpaved street when it is wet and
muddy. A paved surface will be constructed on a caliche base.
Price Construction of Big Spring, Texas is the low bidder at $120,172 and
formally withdrew their bid. They priced their bid based on using a local
source for the specified hot mix rock. This contractor can no longer obtain the
specified rock from the local source and would need to bring specified rock in
by rail from out of state at double the material cost. Consequently, Price
Construction is unable to perform the work at the bid price. West Texas
Paving of Lubbock, Texas is the second low bidder at $128,800 with
sufficient quantity of specified hot mix rock in stock for this project.
Twenty-four local companies were notified of this Invitation to Bid and one
local company responded.
FISCAL IMPACT
A total of $450,000 was appropriated with $450,000 available in account
91189 - Strip Paving Unpaved Streets.
Staff recommended contract award to West Texas Paving, Inc. of Lubbock,
Texas for $128,800.
Victor Kilman, Purchasing Manager, gave comments and answered questions
from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2005-RO558 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
5.9. Homelessness Resolution — Community Development: Resolution No.
2005-RO559 authorizing the Mayor to consider and approve the City of
Lubbock's 10-Year Plan to End Chronic Homelessness.
RESOLUTION NO.2005-RO559
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, Texas does hereby approve the
City of Lubbock's 1110-Year Plan to End Chronic Homelessness." The said Plan is
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►ed hereto and incorporated in this Resolution as if fully set forth herein and shall be
led in the Minutes of the City Council.
'asked by the City Council this 1 st day of December 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
.TTEST:
Garza, City Secretary
PROVED AS TO CONTENT:
Howerton, Jr.
imunity Development Director
VED AS TO FORM:
Sims
tant City Attorney
copy of the Plan is filed with Resolution No. 2005-R0559.
In March 2004 the City joined with many communities across the nation in
committing to develop a plan to address the specific needs related to chronic
homelessness. The Mayor asked the City's Community Development and
Services Board (CDSB) to research and prepare a plan to end chronic
homelessness in Lubbock within ten years. The Board accepted the challenge
from the Mayor and began to plan a strategy for developing the ten-year plan.
A Homeless Plan Subcommittee of the CDSB was appointed in July 2004.
The Subcommittee met at least monthly to accomplish this task. They toured
several shelters and transitional housing facilities. They visited homeless
service providers at their place of business. They met individually with some
service providers, and they met as a group with the South Plains Homeless
Consortium. They met with people experiencing homelessness and conducted
a needs assessment that included visits with 125 adults at a local soup kitchen
and 48 responses to a prepared list of questions. The Subcommittee used the
Internet to research chronic homelessness and to review solutions being
proposed in other cities and communities.
Finally, the Subcommittee prepared a draft plan to end chronic homelessness,
which included goals and strategies for meeting them. This plan was presented
to the Board for review in August 2005. After revising the goals and strategies
based on that review, the final plan was submitted to the Board and adopted
on October 12, 2005.
The 10-Year Plan to End Chronic Homelessness is attached for your review.
FISCAL IMPACT
The proposed strategies do not require any additional funds from the City at
this point in time. Eventually, there could be a need for increasing Community
Development staff hours to implement the strategies. Homeless Service
Providers also could use these strategies to justify future requests for
Community Development funding.
Community Development staff supports the Community Development and
Services Board's recommendation for approval of this resolution and adoption
of the plan.
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Nancy Haney, Executive Director of Community Development, gave
comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2005-RO559 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
5.10. Purchase Resolution — Telecommunications Department: Resolution No.
2005-RO560 for voice mail system.
RESOLUTION NO.2005-RO560
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of the property described as call
pilot voice mail system (the "Property"), pursuant to and as more particularly described
in that certain State of Texas, Department of Information Resources Volume Pricing
Contract No. DIR-VPC-03-029, as amended, to SBC of Austin, Texas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Director of Purchasing and Contract Management or his/her
designee, BE and is hereby authorized and directed to execute for and on behalf of the
City of Lubbock any and all purchase orders and related documents regarding the
purchase of the Property.
Passed by the City Council this 1 st day of February, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman
Director of Purchasing & Contract Management
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2005-R0560.
This item involves the purchase of a Call Pilot Voice Mail System through the
Department of Information Resources (DIR) IT Commodity Purchasing
Program using State Contract #DIR-VPC-03-029. The current Octel System is
at its end of life and therefore will soon need to be supported by a
manufacturer or maintenance vendor. A Nortel Networks promotional
campaign will allow the City to purchase this system off the DIR State
Contract at approximately a 50% savings. The new maintenance price for the --
call pilot voice mail system is $4,445.64 and is included in the annual
maintenance contract for the telephone system that was adopted by City
Council on September 28, 2004.
DIR's IT Commodity Purchasing Program is one of several special purchasing
programs authorized by Texas statute. Texas Local Government Code Chapter
271.083 authorizes local governments to acquire hardware, software, and
other Information Technology products through the DIR program. Pursuant to
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Texas Government Code Chapter 791.025, DIR has met the competitive bid
requirements.
FISCAL IMPACT
A total of $90,000 was appropriated with $90,000 available in account
3409.9223 - Communications Equipment.
Staff recommended contract award to SBC of Austin, Texas for $86,607.73.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2005-RO560 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
6. REGULAR AGENDA
6.1. This item was considered following Item 6.2.
6.2. This item was considered following Item 6.4.
6.3. This Item was considered following Item 3.3.6.
6.4. This Item was considered following Item 6.3.
6.5. This item was considered following Item 6.1.
6.6. This item was considered following Item 6.5.
6.7. This item was considered following Item 6.6.
6.8. Annual Report Resolution — Business Development: Resolution No.
2005-RO561 authorizing the Mayor to execute the Central Business
District Tax Increment Financing Reinvestment Zone Annual Report.
RESOLUTION NO. 2005-RO561
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
erected to execute for and on behalf of the City of Lubbock the Central Business district
apAx Increment Financing Reinvestment Zone Annual Report for October 1, 2004 through
tember 30, 2005, which will be distributed to the chief executive officer of each
axing unit levying taxes within the Central Business District Tax Increment Financing
Reinvestment Zone, to the Comptroller of the State of Texas, and to the Office of the
Texas Attorney General. Said Annual Report is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
by the City Council this 1 st day of December, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
ebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Executive Director
Development Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Annual Report is filed with Resolution No. 2005-R0561.
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The City Council created the Central Business District Tax Increment Finance
Reinvestment Zone (TIRZ) and appointed the TIRZ Board on December 3,
2001. According to the Texas Tax Increment Finance Act Section 311.016,
the City must submit an annual report to the Chief Executive Officer of each
taxing unit that levies taxes on property within a tax increment finance zone.
Therefore, staff has prepared the fourth annual report of the Central Business
District Tax Increment Financing Reinvestment Zone's activities. The report
must be provided within 90 days of the end of the City's fiscal year and a
copy must also be sent to the Office of the Attorney General and the
Comptrollers Office.
The Texas Tax Increment Finance Act specifies that the report must include:
• Amount and source of revenue in the tax increment fund established for
the zone
• Amount and purpose of expenditures from the fund
• Amount of principal and interest due on outstanding bonded indebtedness
• Tax increment base and current captured appraised value retained by the
zone
• Captured appraised value shared by the City and other taxing units
• Total amount of tax increments received
• Any additional information necessary to demonstrate compliance with the
tax increment financing plan adopted by the City.
The Central Business District Tax Increment Financing Reinvestment Zone
Board of Directors approved the report at their November 15, 2005 meeting
and submits it to the City Council for approval.
FISCAL IMPACT
Staff time is required to coordinate, but all expenses are paid out of the
Central Business District Tax Increment Financing Reinvestment Zone Fund.
Staff recommended that City Council approve distribution of the 2005 Central
Business District Tax Increment Financing Reinvestment Zone Annual Report
as recommended by the Central Business District Tax Increment Financing
Reinvestment Zone Board of Directors on November 15, 2005.
Merle Blosser, Chairman of the Central Business District Tax Increment
Financing Reinvestment Zone gave comments and answered questions from
Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2005-RO561 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
6.9. Annual Report Resolution — Business Development: Resolution No.
2005-RO562 authorizing the Mayor Pro Tem to execute the North
Overton Tax Increment Financing Reinvestment Zone Annual Report.
RESOLUTION NO.2005-RO562
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock the North Overton Tax
Increment Financing Reinvestment Zone Annual Report for October 1, 2004 through
September 30, 2005, which will be distributed to the chief executive officer of each
taxing unit levying taxes within the North Overton Tax Increment Financing
Reinvestment Zone, to the Comptroller of the State of Texas, and to the Office of the
Texas Attorney General. Said Annual Report is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
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551
d by the City Council this 1 st day of December, 2005.
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
TTEST:
Garza, City Secretary
PROVED AS TO CONTENT:
Allison, Executive Director
;lopment Services
OVED AS TO FORM:
la L. Chamales, Senior Attorney
ce Practice Section
copy of the Annual Report is filed with Resolution No. 2005-R0562.
The City Council created the North Overton Tax Increment Finance
Reinvestment Zone (TIRZ) and appointed the TIRZ Board on March 14,
2002. According to the Texas Tax Increment Finance Act Section 311.016,
the city must submit an annual report to the chief executive officer of each
taxing unit that levies taxes on property within a tax increment finance zone.
Therefore, staff has prepared the third annual report of the North Overton Tax
Increment Financing Reinvestment Zone's activities. The report must be
provided within 90 days of the end of the city's fiscal year and a copy must
also be sent to the Office of the Attorney General and the Comptrollers Office.
The Texas Tax Increment Finance Act specifies that the report must include:
• Amount and source of revenue in the tax increment fund established for
the zone
• Amount and purpose of expenditures from the fund
• Amount of principal and interest due on outstanding bonded indebtedness
• Tax increment base and current captured appraised value retained by the
zone
• Captured appraised value shared by the City and other taxing units
• Total amount of tax increments received
• Any additional information necessary to demonstrate compliance with the
tax increment financing plan adopted by the City.
The North Overton Tax Increment Financing Reinvestment Zone Board of
Directors approved the report at their November 16, 2005 meeting and
submits it to the City Council for approval.
FISCAL IMPACT
Staff time is required to coordinate, but all expenses are paid out of the North
Overton Tax Increment Financing Reinvestment Zone Fund.
Staff recommended that the City Council approve distribution of the 2005
North Overton Tax Increment Financing Reinvestment Zone Annual Report
as recommended by the North Overton Tax Increment Financing
Reinvestment Zone Board of Directors on November 16, 2005.
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Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2005-RO562 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
6.10. This item was considered following Item 6.12.
6.11. Budget Amendment #6 Ordinance I" Reading — Finance: Ordinance No.
2005-00142 amendment #6 amending the FY 2005-06 budget respecting
the 1) General Fund and 2) Grant Fund.
ORDINANCE NO.2005-00142
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE 1) GENERAL FUND AND 2) GRANT FUND.
(AMENDMENT #6)
1. Accept and appropriate a $207,900 grant from the United States Office for
Domestic Preparedness to procure computer front-line equipment and
supplies for the Fire Department. The grant requires a 30% local match.
Matching funds in the amount of $62,370 are needed from the General
Fund balance.
2. Add $25,000 from the General Fund balance to purchase land for a future
Fire Station. Funding will be added to the Fire Division budget in the
General Fund for this purchase.
3. Add $60,000 from the General Fund balance to purchase Automated
External Defibrillator (AED) replacements. This will fund 20 new units;
one unit has already failed to operate and all units are the same age.
Funding will be added to the Fire Division budget in the General Fund for
this purchase.
Staff recommended approval.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass on first reading Ordinance No. 2005-00143 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
6.12. Board Appointment — City Secretary: Consider one appointment to the
Museum & Art Standing Sub -Committee.
Motion was made by Council Member Jones, seconded by Council Member
Gilbreath to appoint Dr. John Buesseler to the Museum & Arts Standing Sub -
Committee. Motion carried: 6 Ayes, 0 Nays.
6.10. Contract Resolution — Water Utilities: Resolution No. 2005-RO563
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.
RESOLUTION NO.2005-RO563
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Amendment No. 1 to
Agreement for Engineering Services by and between the City of Lubbock and Black &
Veatch Corporation and all related documents. Said Amendment No. 1 to Agreement for
Engineering Services is attached hereto and incorporated in this Resolution as if fully set
forth herein and shall be included in the minutes of the Council.
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d by the City Council this 1 st day of December 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
TTEST:
Garza, City Secretary
OVED AS TO CONTENT:
Carthel, P.E., Chief Engineer
PROVED AS TO FORM:
K. Casner, First Assistant City Attorney
copy of the Amendment No. 1 to Agreement for Engineering Services is filed with
;solution No. 2005-R0563.
This resolution amends the existing agreement with Black & Veatch so they
may design improvements to the Southeast Water Recycling Plant (SEWRP).
It authorizes Black & Veatch to proceed with the design phase of the
improvements that will upgrade the effluent to a quality suitable for stream
discharge. The design parameters for the plant effluent are 5 mg/1 BOD5, 5
mg/1 TSS, 8 mg/1 Total N, and 1 mg/1 Total P at an average annual flow of
31.5 million gallons per day (mgd).
Plants 3 and 4 will be upgraded to treat the 31.5 mgd to the design effluent
parameters. Plant 2 will be abandoned or put to other uses ancillary to the
treatment process. A permit amendment will be sought to allow discharge of
the full flow as near as possible to the existing wastewater plant.
Value Engineering (VE) is one component of the design contract. VE is an
evaluation of the design by an independent group of experts to identify
potential cost savings in construction, operation, maintenance, chemical use,
energy use, and other areas. Typically, VE identifies savings from 1 to 15
percent of the construction cost.
FISCAL IMPACT
The cost for the design phase is $6,200,000. This does not include the
estimated VE evaluation fee of $100,000 nor $50,000 allocated in the contract
for permit assistance. The source of these funds is capital project 8505 - Water
Resources Master Plan. There is $6,800,000 available in this CIP.
On November 8, 2005 the Lubbock Water Advisory Commission
recommended that the City Council approve the agreement with Black &
Veatch for the design of the SEWRP improvements.
Staff recommended approval of the resolution.
Ches Carthel, Chief Engineer of Water Utilities, gave comments and answered
questions from Council.
After further discussion, motion made by Council Member Gilbreath and
seconded by Council Member Price was withdrawn so that this item could be
voted on later in the session.
This item was considered again after reconvening at 1:00 p.m.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2005-RO563 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
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9:25 A.M. CITY COUNCIL RECESSED
9:35 A.M. CITY COUNCIL RECONVENED
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Bishop Leonard Chatham, Full Armor Ministries.
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. Board Appointment Recognition:
6.7.1. Market Lubbock, Inc. & Lubbock Economic Development
Authority — Van May
3.3.2. Housing Finance Corporation Board of Directors — Andy Cates
(unable to attend), Carolyn Crowson
3.3.3. Reese Redevelopment Authority Board of Directors — Dr. Dean
Smith, Suzanne Arkle Wilson
3.3.4. Structural Standards Commission — Mike Arnold, Michael Martin,
L. V. Andrews (unable to attend), and John Heagy (unable to attend)
3.3.5. Urban Renewal Board/Neighborhood Redevelopment — Pepe Lucio
3.3.6. Water Board of Appeals — Bo Jackson
9:45 A.M. CITY COUNCIL RECESSED
9:56 A.M. CITY COUNCIL RECONVENED
6.3. Willow Bend Public Improvement District Ordinance I" Reading
Business Development: Ordinance No. 2005-00143 establishing
classifications for apportionment of costs and the methods of assessing
special benefits for the services to property in the Willow Bend Public
Improvement District; approving, adopting and filing with the City
Secretary the Assessment Roll; closing the hearing and levying
assessments for the cost of certain services to be provided in the District
during 2006.
ORDINANCE NO.2005-00143
AN ORDINANCE ESTABLISHING CLASSIFICATIONS FOR THE
APPORTIONMENT OF COSTS AND THE METHODS OF ASSESSING SPECIAL
BENEFITS FOR THE SERVICES IN THE WILLOW BEND PUBLIC
IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND
FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; CLOSING THE
HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
SERVICES TO BE PROVIDED IN THE DISTRICT DURING 2006; FIXING
CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND
AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF
THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE.
This ordinance to levy assessments is the last activity in the Public
Improvement District establishment process. This item is preceded by a public
hearing, which allows property owners in the District to speak in favor of or in
opposition to the assessment rate pursuant to Chapter 372 of the Texas Local
Government Code. The proposed assessment rate for 2006 is $0.15 per $100
of valuation through year 2012, decreasing to $0.14 per $100 of valuation in
2013.
FISCAL IMPACT
The funds raised by the assessment will be used to maintain the common areas
on each side of the railroad, maintain the entry stations into the development,
maintain the area around the playa lake, and the neighborhood park.
Staff recommended approval.
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Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2005-00144 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.4. Budget Amendment #5 Ordinance 2nd 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 (Councilwoman Jones absent).
ORDINANCE NO.2005-00136
ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
POSES RESPECTING THE 1) INFORMATION TECHNOLOGY FUND; 2)
ERAL 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 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 (ASPCA). The grant will fund staff
training, equipment, and overtime associated with the Hurricane Katrina
disaster. No City matching funds are required.
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 second and final reading of this ordinance.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass on second and final reading Ordinance No. 2005-00136
as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.2. Public Hearing — 10:00 AM — Business Development: Hold a public
hearing to consider an ordinance to levy the assessment for the Willow
Bend Public Improvement District that includes the east half of Section 3,
Block D6, Lubbock County, Texas generally bounded by 41h Street, Inler
Avenue, 191h Street, and the west line of the east half of Section 3, Block
D6, Lubbock County, Texas.
Mayor Pro Tern Martin opened the public hearing at 10:00 a. m. No one
appeared on behalf of Willow Bend Public Improvement District. No one
appeared in opposition. Mayor Pro Tern Martin closed the hearing at 10:01
a. m.
The purpose of this hearing is to allow the opportunity for property owners in
the proposed District to speak in favor of or opposition to the assessment to be
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levied in the Willow Bend PID. The Willow Bend PID is a defined assessment
area providing maintenance of a given area. The Council approved the calling
of a Public Hearing at their November 7, 2005 meeting. A notice of Public
Hearing was published in the Lubbock Avalanche Journal on Friday,
November 18, 2005 and notices were mailed to the property owners on
November 18, 2005 as required by statute.
Staff recommended the public hearing be held at 10:00 A.M. on December 1,
2005.
6.1. Public Hearing — 10:00 AM — Zoning: Hold a public hearing regarding
an ordinance to amend the requirements for group/personal care homes
in the single and duplex -zoned areas of Lubbock, and to consider an
ordinance for amendments for construction and life/safety issues for all
group/personal homes in Lubbock.
Mayor Pro Tern opened the public hearing at 10:09. a.m. Nancy Ross
appeared on behalf of the ordinance. Teresa Scoggins, Betty Wheeler, and
Bill McGlaun appeared in opposition. Mayor Pro Tem. Martin closed the
hearing at 11:04 a. m.
Nora Copf of 5504 28th Street gave comments to Council on the importance
of personal care homes. She shared her testimony of the benefits provided her
parents through personal care homes and asked Council to put their hearts into
their decisions when amending the ordinance.
During the last year staff has worked with several state and local agencies, and
has also reviewed a recently enacted legislative act to incorporate both
changes deemed desirable by a number of neighborhood groups and those
required by recent legislation and regulation. Linda Chamales has developed a
"side by side" comparison, which is part of the back up, of the proposed
ordinance versus the current ordinance discussed during a public hearing
before the Planning Commission. The Commission recommended against
change of some of the proposals as being too prohibitive, and supports several
that are mandated by State law or a litigated case. The Legal Department will
have to answer the issue created by the Code of Ordinances that requires a
measure to be approved by the Planning Commission before it can be
considered for change by City Council.
A local representative of a coalition of Personal Care Homes also introduced
new terminology that is enforced by the State, but is not addressed in the
proposed ordinance. Some of these issues may be discussed and decided in the
hearing and subsequent consideration of an ordinance. In addition, the
definitions established by the Fire Code, State Codes, and the Building Code
differ for different types of establishments and an attempt has been made to
reconcile those differences.
The primary local issues that neighborhoods have criticized are the
introduction of a "business" into neighborhoods, parking, and other single-
family rules. The problem with most of the complaints at the public hearings
before the Zoning Board of Adjustment (ZBA) is that the Federal Legislature,
during the construction of the Federal Fair Housing Act, indicated that the
ability of a disabled person to live in the least restrictive environment is a right
of handicapped Americans in spite of the fact that this might require a
business in the neighborhood.
Currently, under state law, a person may establish a personal care home as
outlined by the Federal Fair Housing Act and the Americans with Disabilities
Act, governed by a barrage of state guidelines, for six or fewer persons, in a
single family district. The original Lubbock Ordinance 9489 allowed four or
fewer clients to be in a residential neighborhood with no ZBA hearing. Five or
more clients required a Zoning Board of Adjustment decision to approve the
case and voids the violation of the two or more unrelated persons in one
home. That ordinance was litigated in Federal Court, appealed to the Fifth
Circuit Court in New Orleans, and the City prevailed. As noted, recent
legislation increased the number not requiring a ZBA hearing to six as
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included in the proposed ordinance. The distance between group homes has
been increased to 1000 feet in accordance with recent case law, and a
concurrent increase in the notice area is also included.
Staff supports the Planning and Zoning Commission recommendation to
amend the new numbers required by state law and by recent litigation. Other
parts are not supported for change by the staff because of the complexity of
state law. The Lubbock ordinance should address basics and allow the State of
Texas.
Linda Chamales, Assistant City Attorney, assisted Randy Henson, Senior
Planner, with giving a presentation to Council on details of the amended
ordinance for personal care homes. Then, they answered questions from
Council. Anita Burgess, City Attorney, and Marlin Hamilton, Fire Captain,
also gave comments and answered questions from Council.
After discussion of ideas on changes to the proposed ordinance, Mayor Pro
Tern Martin stated that Mayor McDougal would like to be present during the
time action is taken on this item. Consensus was to continue this item until
the first City Council meeting in January 2006. This would also give time for
Assistant City Attorney Linda Chamales to do necessary research to see if it
could be required that the caregiver live on the premises of a personal care
home. Mayor Pro Tern Martin requested staff to prepare language to change
the code, so instead of a Zoning Board of Adjustment (ZBA) hearing, in other
words a conditional use permit, to a Planning and Zoning specific use zoning
issue. This means that cases that are filed (facilities with six or more clients)
as zone cases would go to Planning and Zoning and then to Council to make a
final determination.
6.5. ZONE CASE NO. 3053 (221 Redbud Avenue) — Ordinance 2nd Reading:
ORDINANCE NO. 2005-00137—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 (Mayor McDougal recused,
Councilwoman Jones absent).
ORDINANCE NO.2005-00137
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
FICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
ANGES: ZONE CASE NO. 3053; A ZONING CHANGE FROM R-1 TO GO
NING ON LOT 13, MACKENZIE TERRACE ADDITION, LUBBOCK, TEXAS;
BJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
AUSE; AND PROVIDING FOR PUBLICATION.
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.
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).
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Staff supports the Planning Commission recommendation.
Motion was made by Council Member Price, seconded by Council Member
Boren to pass on second and final reading Ordinance No. 2005-0137 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.6. ZONE CASE NO. 2585-D (southeast corner of Mac Davis Lane and
University Avenue) — Ordinance 2nd Reading: ORDINANCE NO.
2005-00138—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 (Mayor McDougal recused, Councilwoman Jones
absent).
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.
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.
• 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.
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Motion was made by Council Member Price, seconded by Council Member
Boren to pass on second and final reading Ordinance No. 2005-00138 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.7. ZONE CASE NO. 1154-C (2520 Parkway Drive) — Ordinance 2°d
Reading: ORDINANCE NO. 2005-00139—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
(Mayor McDougal recused, Councilwoman Jones absent).
ORDINANCE NO.2005-00139
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
�HANGES: ZONE CASE NO. 1154-C; A ZONING CHANGE FROM C-2 TO C-4
.IMITED 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;
iUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
�LAUSE; AND PROVIDING FOR PUBLICATION.
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:
• 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.
Motion was made by Council Member Price, seconded by Council Member
Boren to pass on second and final reading Ordinance No. 2005-00139 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
1 1:20 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
1:00 P.M. CITY COUNCIL RECONVENED
6.10. Contract Resolution — Water Utilities: Resolution No. 2005-RO563
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.
RESOLUTION NO.2005-RO563
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
i to execute for and on behalf of the City of Lubbock, Amendment No. 1 to
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Regular City Council Meeting
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Page 560
Agreement for Engineering Services by and between the City of Lubbock and Black &
Veatch Corporation and all related documents. Said Amendment No. 1 to Agreement for
Engineering Services is attached hereto and incorporated in this Resolution as if fully set
forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 1 st day of December 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 Amendment No. 1 to Agreement for Engineering Services is filed with
Resolution No. 2005-R0563.
This resolution amends the existing agreement with Black & Veatch so they
may design improvements to the Southeast Water Recycling Plant (SEWRP).
It authorizes Black & Veatch to proceed with the design phase of the
improvements that will upgrade the effluent to a quality suitable for stream
discharge. The design parameters for the plant effluent are 5 mg/1 BOD5, 5
mg/1 TSS, 8 mg/1 Total N, and 1 mg/1 Total P at an average annual flow of
31.5 million gallons per day (mgd).
Plants 3 and 4 will be upgraded to treat the 31.5 mgd to the design effluent
parameters. Plant 2 will be abandoned or put to other uses ancillary to the
treatment process. A permit amendment will be sought to allow discharge of
the full flow as near as possible to the existing wastewater plant.
Value Engineering (VE) is one component of the design contract. VE is an
evaluation of the design by an independent group of experts to identify
potential cost savings in construction, operation, maintenance, chemical use,
energy use, and other areas. Typically, VE identifies savings from 1 to 15
percent of the construction cost.
FISCAL IMPACT
The cost for the design phase is $6,200,000. This does not include the
estimated VE evaluation fee of $100,000 nor $50,000 allocated in the contract
for permit assistance. The source of these funds is capital project 8505 - Water
Resources Master Plan. There is $6,800,000 available in this CIP.
On November 8, 2005 the Lubbock Water Advisory Commission
recommended that the City Council approve the agreement with Black &
Veatch for the design of the SEWRP improvements.
Staff recommended approval of the resolution.
Ches Carthel, Chief Engineer of Water Utilities, gave comments and answered
questions from Council.
After further discussion, motion made by Council Member Gilbreath and
seconded by Council Member Price was withdrawn so that this item could be
voted on later in the session.
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561
This item was considered again after reconvening at 1:00 p.m.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2005-RO563 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
:01 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tem
Martin adjourned the meeting.
and approved this 30th day of November, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
=EST:
s/ Rebecca Garza
Garza, City Secretary
561