CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 9, 2005 7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 9th day of June, 2005, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M.
7:34 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, Council Member Floyd Price
Absent: No one
CITIZEN COMMENTS
Two citizens expressed comments to the Council. They were:
Myrtle McDonald gave comments to Council regarding Item 44 on today’s agenda by requesting it be moved from Consent Agenda to Regular Agenda and considered separately. Council informed her that Item 44 was not part of Consent Agenda and would be considered separately.
Johnnie Jones gave comments to Council regarding Item 32A on today’s agenda by requesting it be moved from Consent Agenda to Regular Agenda and considered separately. She is the spouse of a City of Lubbock employee and is concerned about the proposed changes to the City’s insurance plan.
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; and competitive matters of the public power utility as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law.”
7:40 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager’s Conference Room Regular City Council Meeting June 9, 2005 All council members were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Health Department; Planning & Transportation; Water Utilities).
( 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 ( Parks and Recreation).
( 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.
( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light;
to deliberate, 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;
to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency.
9:34 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers
Present: Mayor Marc McDougal; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Phyllis Jones; Council Member Floyd Price; Quincy White, Assistant City Manager; Linda Chamales, Supervising Attorney; and Rebecca Garza, City Secretary
Absent: Mayor Pro Tem Tom Martin; Council Member Jim Gilbreath; Lou Fox, City Manager; Anita Burgess, City Attorney
Mayor McDougal called the meeting to order at 9:34 A. M.
Invocation by Pastor Merle Fulmer, Lakeridge Baptist Church.
2 Regular City Council Meeting June 9, 2005 Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag.
BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Carla Moran
Building Board of Appeals Receiving: Phil Kerr Kelby Sue (Unable to attend)
Citizens Traffic Commission Receiving: Ronnie Sowell (Unable to attend)
Libraries Board Receiving: Ralph Shelton
Neighborhood Redevelopment Commission Receiving: Stewart Townsen
Park & Recreation Board Receiving: Sandy Baker Randy Carman
Permit & License Appeal Board Receiving: John Hart CITIZEN APPEARANCES
( 5.) Presentation of a Special Recognition to Sydney Webster for winning the title 2005 Intermediate Miss Majorette of the Southwest.
This item was deleted.
( 6.) Presentation of a Proclamation naming the month of June, National Safety Month.
Council Member DeLeon read a proclamation from the Mayor declaring the month of June as National Safety Awareness Month to promote on- the-job and off-the-job safety and health. The South Plains Chapter of the American Society of Safety Engineers is urging businesses of all sizes to set high standards of safety within their organization. This year’s National Safety Month theme is “safety where we live, work, and play”. The Mayor encouraged all citizens of Lubbock to join in helping assure the Lubbock citizens take preventive measures against disabling injuries. Those accepting the presentation were Renee Witherspoon, Environmental
3 Regular City Council Meeting June 9, 2005 Compliance Specialist with the City of Lubbock; Nick Mills, Occupational Safety Manager at Texas Tech University Health Sciences Center and also President of the South Plains Chapter of the American Society of Safety Engineers; and, Paul Cotter, Unit Manager of Environmental Health and Safety at Texas Tech University.
Ms. Witherspoon gave comments.
( 7.) Presentation of a Special Recognition to Estacado High School students who built the rocket that broke the sound barrier.
Council Member Price joined Council Member DeLeon as she read a special recognition from the Mayor and Council Members to honor the Estacado High School students who built the rocket that broke the sound barrier. On May 22, 2005, the MACH rocket crew and the CanSat crew, comprised of Estacado High School students launched Matador-I, a 10-foot solid propellant rocket that was designed and created by the students with a goal of breaking the sound barrier. The instrumentation payload on Matador-I confirmed that the sound barrier was broken as the rocket traveled more than 13,500 feet into the sky and reached a speed of nearly 760 miles-per-hour in less than 30 seconds. The students were the first High School team in the United States. Along with the students, those present from Estacado High School accepting the recognition were Greg Burnham, Engineer Teacher; Lynn Bryant, Teaching Assistant in the Engineering Department; Stacy Watson, Magnet Specialist; and, John Gatica, Assistant Principal. Representing the Texas Tech University Engineering Department was Dean Fontenot, Senior Director of the Engineering Outreach and Literacy Program, and John Chandler, Director of the Center for Engineering Outreach. CONSENT AGENDA (Items 8, 10-15, 20-22, 25, 27-30, 33-36)
Motion was made by Council Member Boren, seconded by Council Member Price to approve Items 8, 10-15, 20-22, 25, 27-30, 33-36 on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor Pro Tem Martin and Council Member Gilbreath were away from the dais.
( 8.) Approval of Minutes: May 26, 2005 Regular City Council Meeting
( 9.) Deleted.
4 Regular City Council Meeting June 9, 2005
(10.) ORDINANCE NO. 2005-O0055 - ZONE CASE NO. 3036 (southeast corner of Glenna Goodacre Boulevard and University Avenue): Consider the request of Hugo Reed and Associates, Inc. (for Malouf Interests) for a zoning change from C-3 and R-3 to CB-2 Specific Use on a 1 acre tract of land out of Section 2, Block O (including Lots 8, 9, 10, 11, and 12, Block 129 Overton Addition) (Planning) (second and final reading) .
(11.) ORDINANCE NO. 2005-O0056 - ZONE CASE NO. 3037 (7440 19th Street): Consider the request of Celeste Patterson for a zoning change from R-1 to IHI for a plumbing, heating, refrigeration, or air- conditioning business on Lot 1, Block 2, Brown Crest Addition (Planning) (second and final reading).
(12.) ORDINANCE NO. 2005-O0057 - ZONE CASE NO. 1758-F (west of Slide Road, south of 54th Street): Consider the request of Gerald Long (for Buslon, Inc.) for a zoning change from C-2 and C-3 to C-3 for a shopping center on Lots 109-115, Buster Long Addition (Planning) (second and final reading).
(13.) ORDINANCE NO. 2005-O0058 - ZONE CASE NO. 2126-E (5402 54th Street): Consider the request of CMS Property for a zoning change from A-2 to C-A on 14.357 acres of unplatted land out of Section 28, Block E-2 (Planning) (second and final reading).
(14.) ORDINANCE NO. 2005-O0059 - ZONE CASE NO. 2573-H (west of North Winston Avenue, north of North Loop 289): Consider the request of Ken Flagg and Sid Shavor (for I & S Investment Group LLP) for a zoning change from C-3 to A-M Specific for a hotel on 1.849 acres of unplatted land out of Section 22, Block A (Planning) (second and final reading).
(15.) ORDINANCE NO. 2005-O0060 - ZONE CASE NO. 3038 (7902 Oak Ridge Avenue): Consider the request of John David Nelson (for Lubbock Heating & Air Conditioning) for a zoning change from T to IHI limited to plumbing, heating, refrigeration, or air conditioning business (including manufacturing of duct insulation applicator) and all unconditionally permitted IHC uses on Tract 2A, Southwest Acres Addition (not recorded) (Planning) (second and final reading).
(16.) Deleted.
(17.) Deleted.
5 Regular City Council Meeting June 9, 2005
(18.) Consider an ordinance authorizing the issuance of City of Lubbock, Texas General Obligation Refunding Bonds, Series 2005 in an amount not to exceed $95,000,000; Providing for the award and sale thereof in accordance with specified parameters; Levying a tax in payment thereof; Prescribing the form of said bonds; Approving execution and delivery of an escrow agreement and a bond purchase agreement; Approving the official statement; Enacting other provisions relating to the subject; And Declaring an effective date (Finance) (first and only reading) .
This item was deleted.
(19.) Deleted.
(20.) Resolution No. 2005-R0227 authorizing the Mayor to execute an industrial tax abatement agreement with Module Truck Systems, Inc and BeMove, Ltd. (Business Development).
The City of Lubbock has received an application for industrial tax abatement from Module Truck Systems, Inc. (MTS). MTS is one of the companies planning to move into the former Eagle Picher Facility. They will be leasing the east building of the former Eagle Picher facility that is located on the East 500 feet of the Breedlove Addition Tract C (2010 East 50 th Street). BeMove, a partnership of several different companies including MTS, is the owner of the facility. This facility is located in the Lubbock 2000 South Enterprise Zone.
The project meets the Industrial Tax Abatement Policy and Guidelines minimum investment for an existing company of $500,000 in real property improvements. Total investment in the project will be approximately $727,000 ($500,000 in real property improvements by MTS, $177,000 in real property improvements by BeMove and $50,000 in personal property by MTS). MTS will create 5 new jobs over the next 24 months.
The amount of investment by BeMove was revised based on numbers furnished by the company and the number of jobs has been revised from “up to 10” to “will create 5 new jobs” since the Notice of Intent was approved. MTS has a 180-month (15-year) lease on the facility that satisfies the requirement for at least a five-year lease to be eligible for tax abatement.
MTS is an existing company and has 35 employees at the Lubbock plant with an estimated payroll of $874,619.
Staff recommended a five-year declining scale tax abatement for this project. The Notice of Intent was approved at the May 26, 2005 City Council meeting.
6 Regular City Council Meeting June 9, 2005 FISCAL IMPACT:
If the value of the real property and tangible personal property is raised by the total investment amount, the estimated total amount of the City tax abatement will be $10,026 over five years.
Under the current guidelines, MTS is eligible and meets the criteria for tax abatement. Staff is recommending approval of the tax abatement for a term of five (5) years with a declining schedule beginning with 100% and declining by 20% each year. Staff recommended approval of the resolution.
(21.) Resolution No. 2005-R0228 authorizing the Mayor to execute an industrial tax abatement agreement with Vertical Turbine Specialists, Inc and BeMove, Ltd. (Business Development).
The City of Lubbock has received an application for industrial tax abatement from Vertical Turbine Specialists, Inc. (VTS). VTS is one of the companies planning to move into the former Eagle Picher Facility. They will be leasing the west building of the former Eagle Picher facility that is located on the West 440 feet of the Breedlove Addition Tract C (1802 East 50 th Street). BeMove, a partnership of several different companies including the owner of VTS, is the owner of the facility. This facility is located in the Lubbock 2000 South Enterprise Zone.
The project meets the Industrial Tax Abatement Policy and Guidelines minimum job creation of 25 new jobs for a new company. Total jobs created by the project will be 65 jobs immediately and up to 85 jobs within three years. Total investment in the project will be approximately $1,722,470 ($410,000 in real property improvements by VTS, $266,000 in real property improvements by BeMove, and $1,046,470 in personal property value added by VTS). The amount of investment by BeMove was revised upward based on numbers furnished by the company since the Notice of Intent was approved.
VTS has a 180-month (15-year) lease on the facility that satisfies the requirement for at least a five-year lease to be eligible for tax abatement.
Staff is recommending a five-year declining scale tax abatement for this project. The Notice of Intent was approved at the May 26, 2005 City Council meeting.
FISCAL IMPACT:
If the value of the real property and tangible personal property is raised by the total investment amount, the estimated total amount of the City tax abatement will be $23,755 over five years.
7 Regular City Council Meeting June 9, 2005 Under the current guidelines, VTS is eligible and meets the criteria for tax abatement. Staff is recommending approval of the tax abatement for a term of five (5) years with a declining schedule beginning with 100% and declining by 20% each year. Staff recommended the approval of the resolution.
(22.) Resolution No. 2005-R0229 authorizing the approval of Amendment No. 3 to the agreement between the City of Lubbock and Parkhill Smith & Cooper for architecture/engineer services for Airport Improvement Projects (Security Access Control Improvements) (Aviation).
This item is an amendment to the contract dated January 13, 2005 with Parkhill Smith & Cooper for Architecture/Engineer services for the Airport Security Access Control Improvements. The amendment includes compensation for the Architecture/Engineer services that upgrades the existing closed circuit television system: Task 1 - Fee for Professional Services in the amount of $51,900; Task 2 - Construction Phase Services in the amount of $38,600; totaling $90,500 for the project.
FISCAL IMPACT:
The Passenger Facility Charge Fund will fund 100% of the project.
The Airport Board and staff recommended approval of this item.
The next item considered was Item 25.
(23.) Resolution No. 2005-R0241 authorizing the Mayor to execute an amendment to the agreement with Daniel B. Stephens and Associates, Inc. for the performance of certain groundwater investigation services related to the Pump Station No. 10 Groundwater Supply Project (Water Utilities) .
This item was moved from consent agenda to regular agenda and considered following Item 46.
This resolution amends the existing agreement with Daniel B. Stephens & Associates, Inc. (DBSA) for the development of the groundwater supply for Pump Station No. 10 (PS 10) at 82 nd and Memphis. DBSA is currently performing the Groundwater Utilization Project for the City, which is scheduled to be completed this fall. Their services are needed to perform groundwater flow analysis of the proposed well field for the PS 10 Well Supply Project. This amendment adds $43,170 to the contract price and extends the contract time to June 1, 2006. This time extension is only for the PS 10 work and will not impact the delivery of the Groundwater Utilization Study.
8 Regular City Council Meeting June 9, 2005 Approximately 16 wells in southwest Lubbock are planned to supply a treatment system at PS 10 for a drinking water supply. These wells will draw groundwater that has been impacted by an urban environment. There are known pollution sources, including underground leaking storage tanks and an abandoned landfill in the area. DBSA will perform computer simulation of well field operation to assess the impact of well operation on pollution sources. The results of their analysis will be used to evaluate well operation and the potential impact of known and unknown pollution sources on well field operation.
FISCAL IMPACT:
The cost for the additional work is $43,170. The source of these funds is from the Water Fund. The existing capital project no. 8493 has $300,000 budgeted. The existing agreement for Groundwater Utilization Study has a fee of $193,708. Approval of this amendment will increase DBSA’s total fee to $236,878.
Staff recommended approval of the resolution.
Ches Carthel, Chief Engineer of Water Utilities, gave comments and answered questions.
Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass Resolution No. 2005-R0241 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 31.
(24.) Consider the approval of an Interlocal Agreement between the City of Lubbock and the Brazos River Authority (BRA) concerning BRA's filing a System Operation Permit (Application No. 5851) which application includes a request to appropriate certain waters in the Brazos River system and agreeing by and between the parties regarding Bed and Banks Projects, waiving notice requirements as to the reassignment of Permit 4146, agreeing to cooperate in water planning processes and agreeing that BRA will not object to any City reuse project (Water Utilities) .
This item was deleted.
(25.) Resolution No. 2005-R0230 authorizing acceptance of Water and Sanitary Sewer improvements for Lots 1-15 and Tracts A, B & C Cascada Professional Office Park Addition to the City of Lubbock, Lubbock County, Texas, bound by 79 th Street, 82 nd Street and Iola Avenue (Water Utilities).
9 Regular City Council Meeting June 9, 2005 This item was considered following Item 22.
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 $177,247.43, which includes the cost of construction totaling $158,525.85 as determined by the unit prices established by said Chapter 28.
Cash paid to the City for these improvements is $18,721.58, which includes $11,410.85 for adjacent mains and $ 7,310.73 for plan review, inspection and testing fees. The developer, Amistad Commercial Properties, L.P., will receive a refund of $76,531.10 in accordance with Chapter 28, of the Code of Ordinances of the City as development utilizes these improvements.
The subdivision is located between 79 th and 82 nd Streets, and West of Iola Avenue.
FISCAL IMPACT:
This is 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’s assets, and there are no expenditures involved in accepting ownership.
Staff recommended acceptance of the improvements.
(26.) Deleted.
(27.) Resolution No. 2005-R0231 authorizing the Mayor to execute for and on behalf of the City of Lubbock a Contract for Architecture/Engineering services with Parkhill, Smith & Cooper, Inc. for Fire Station #8 (Facilities Management) .
A resolution was approved March 28, 1996 by City Council to execute an Architectural Services Agreement with Parkhill, Smith & Cooper, Inc. (PSC) for various Fire Department facilities. The original contract was for $488,563. These services were for Fire Stations # 2, 4, 5, 6, 7 and the Fire Administration Complex. The requirements for Fire Station #8 are the same as for Fire Station #6. Consequently, continuing with PSC provides the best value to the City as prior work performed by PSC can be relied upon and will not have to be duplicated.
The current Fire Station #8, located at 2120 50 th Street, has outlived it useful life and can no longer accommodate the newer fire engines. This station will be demolished and new Fire Station #8 will be constructed on the existing site. The City also purchased the site directly west of the
10 Regular City Council Meeting June 9, 2005 station, which will also be used for the construction of the new Fire Station Facility.
This proposed contract includes Architectural/Engineering Services for site adaptation, bidding, construction administration services, and landscape architecture services. The term of the contract is approximately twenty (20) months after the contract is approved. The aforementioned Architectural Services for design of Fire Station #8 as stipulated in the AIA Document B151-1997 is set at a not to exceed amount of $54,840 plus an anticipated reimbursable budget of $15,600.
FISCAL IMPACT:
This project has already been budgeted.
Facilities Management and the Fire Department recommended approval of the Professional Service Contract as submitted by Parkhill, Smith & Cooper, Inc.
(28.) Resolution No. 2005-R0232 authorizing the Mayor to execute an interlocal agreement with Lubbock County for construction of paving on East 48 th Street from Ute Avenue to Southeast Drive (Street/Drainage Engineering) .
This is an agreement between the City and Lubbock County to construct strip paving on East 48 th Street from Ute Avenue to Southeast Drive. The City will furnish survey work, testing and inspection, caliche base material, rock, asphalt, and fuel. The County will provide equipment and labor.
A resident on East 48th Street who needs all weather access for vehicles serving a person with a disability requested this paving.
FISCAL IMPACT:
The City cost for the construction materials will be approximately $29,000. The funds will come from the Street Department's Street Maintenance (seal coat) budget.
Street/Drainage Engineering Staff recommended approval of this resolution and execution of the associated interlocal agreement.
(29.) Resolution No. 2005-R0233 for the purchase of Police Tasers (Police Department).
This is a sole source purchase of 37 police tasers for the Police Department. Taser International of Scottsdale, Arizona is the sole source
11 Regular City Council Meeting June 9, 2005 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.
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) has an option to remotely fire from underneath a rifle, robot, tactical mirror on a pole, camera, etc.; 4) has a field effectiveness rating of over 99.9%; and 5) has the same hand motions and muscle memory as standard 9 mm semi-automatic pistols.
The less-lethal Advanced Taser is necessary to further ensure the safety of Lubbock police officers.
FISCAL IMPACT:
A total of $32,180.75 was appropriated with $32,180.75 available in Project 5735.8163 (Patrol) for this purpose.
Award contract to G.T. Distributors, Inc. of Austin, Texas for $32,180.75..
(30.) Resolution No. 2005-R234 for the purchase of a Portable Classroom for the Police Department Firing Range (Police Department).
The lack of classroom facilities at the Police Department firing range at 11602 West 19 th Street requires instructors and students to drive five miles from the Police Academy located at 508 Davis Drive in Reese Center for practical exercises. This travel causes a considerable amount of time to be lost between the presentation of instruction and its application. The purchase and installation of a 24-foot by 64-foot portable classroom building at the firing range will give the Police Department the ability to conduct all the training in one location resulting in increased efficiency and effectiveness.
FISCAL IMPACT:
A total of $42,660 was appropriated with $42,660 available in Project 138.9226 (Abandoned Motor Vehicle) for this purpose.
Staff recommended contract award to Comark Building Systems, Inc. of Desoto, Texas through the Texas Local Government Purchasing Cooperative for $42,660.
The next items considered were Items 33-36.
12 Regular City Council Meeting June 9, 2005 Items 31-32A were moved from consent agenda to regular agenda and considered following Item 23.
(31.) Ordinance No. 2005-O0064 amending ORDINANCE #2004-O0099 authorizing changes to the deferred compensation plan for employees of the City of Lubbock (Human Resources) (first reading).
The proposed recommendations were made in the audit finding recommendation letter from the Internal Revenue Service on the 457B Deferred Compensation plan. Deferred Compensation is a voluntary program for income deferment for retirement purposes tax free at the time of retirement.
As recommended by the IRS audit for 2003-04, the specific changes to the ordinance are to clarify the meaning of the term “Normal Retirement Age” as defined in Section 2.19 of the attached document. It is also our desire at the request of the City Attorney to change the Oversight Committee removing the City Attorney and replacing that committee position with the Deputy City Manager as stated in Section 3.02.
FISCAL IMPACT:
None.
Staff recommended passage of Deferred Compensation Plan Amendments.
Scott Snider, Director of Human Resources, gave comments and answered questions from Council.
Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on first reading Ordinance No. 2005-O0064 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(32.) Ordinance No. 2005-O0065 amending Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas, by amending Section 2-6 thereof, which provides for holidays for city employees. (Human Resources) (first reading).
This amendment reconciles Chapter 2, Section 2-6(a) Holidays for City Employees with the 2003-04 approved budget authorizing the additional holidays of:
1. Friday after Thanksgiving
2. Christmas Eve
13 Regular City Council Meeting June 9, 2005 These holidays will be observed as traditional days of holiday for all employees except shift or emergency personnel who will receive holiday hours for future use.
FISCAL IMPACT:
None.
Staff recommended passage and ratification of additional holidays for 2004 and future years.
Scott Snider, Director of Human Resources, gave comments and answered questions from Council.
Motion was made by Council Member Gilbreath, seconded by Council Member Price to pass on first reading Ordinance No. 2005-O0065 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(32A.) Resolution No. 2005-R0242 adopting the City of Lubbock Health Plan as of January 1, 2005 and modifying said plan to limit out of network utilization and reducing reimbursement levels (Human Resources).
This health plan acceptance and modification is proposed in order to help minimize out-of-network (non-discounted) benefit utilization and to help maximize savings from healthcare services incurred at Covenant Health Systems. Staff propose the benefit changes outlined below.
1. Limit out-of-network allowable charges eligible for reimbursement under the plan to 100% of the Medicare allowable charges.
2. Increase the out-of-network deductible from $600 to $1,000 for individuals and $1,200 to $2,000 for families.
3. Decrease the out-of-network coinsurance percentage from 60% to 50%.
4. Increase the out-of-network out-of-pocket maximum from $3,000 to $12,000 for individuals and $6,000 to $24,000 for families.
5. Increase the in-patient hospital per admission co-pay from $100 to $200 plus coinsurance.
Reducing out-of-network utilization is important to the Plan’s cost control efforts since out-of-network providers are not contracted through the preferred provider organization used by the City, HealthSmart Preferred Care, and therefore do not bill their services at a discounted rate. Out-of- network utilization, while still a lesser part of the overall plan costs, has
14 Regular City Council Meeting June 9, 2005 increased over the last year and the trend appears likely to continue. Moreover, some non-network providers are firm in their desire not to participate in a preferred provider arrangement nor offer any other similar discounted service arrangements. By steering services that otherwise would have been incurred at a non-network facility to an in-network provider, such as Covenant, the City gains the benefit of negotiated network discounts on billed services.
Plan members could still elect to use an out-of-network provider, but the reduced reimbursement levels would be more commensurate with the loss of discounts suffered by the City by that choice. Plan members may be balance billed by the non-network provider for any amounts in excess of the allowable charges. However, they can avoid that potential issue, plus take advantage of higher benefit levels, simply by electing to use a network provider instead.
The only exception to these benefit changes is outpatient dialysis performed by a non-network provider. At this time, there is not an in- network facility option for plan members needing routine dialysis. Therefore, rather than unduly penalize members; the recommendation is to cover this service as if in-network, regardless of the provider, but only until such time as a viable in-network provider becomes available.
In addition to the potential savings that may be achieved by making these plan changes. Covenant Health Systems has also agreed to offer the City a rebate of three per cent (3%) of net revenues received from healthcare services incurred at and paid to Covenant by the Plan for the balance of calendar year 2005, starting as of the effective date of the changes. This offer is contingent on the specific benefit changes as outlined above; any deviations will need to be reviewed by Covenant to determine whether they will maintain the rebate offer as extended. The rebate would be payable directly to the City after 2005 has ended and after a revenue reconciliation and benefit validation has been performed. The agreement for this arrangement will be handled by amendment to the contract between HealthSmart and Covenant.
Attachments:
a) Benefit comparison, current versus proposed.
b) Proposed announcement to plan members regarding changes.
c) Letter of explanation regarding Covenant offer.
FISCAL IMPACT:
Estimated rebate $60,000 - $100,000.
15 Regular City Council Meeting June 9, 2005 Staff recommended adoption of City of Lubbock Health Plan as of January 1, 2005 and modifications of said plan.
Scott Snider, Director of Human Resources, and Lee Ann Dumbauld, Chief Financial Officer gave comments and answered questions from Council. Dave Adams, Chief Executive Officer, and Heidi Houghton, both with HealthSmart, also gave comments and answered questions from Council.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tem Martin to pass Resolution No. 2005-R0242 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Price voted Nay.
Council Member Boren recused on this item.
The next item considered was Item 37A.
Items 33-36 were considered following Item 30.
(33.) Resolution No. 2005-R0235 - BID #05-010-MA - Consider one resolution for Combination Hydro-Cleaner Vacuum Units (Fleet Services).
This bid is for purchase of two combination hydro cleaner vacuum trucks used for cleaning and maintaining sewer lines and drainage systems. Bids were received from Texas Underground of Pearland, Texas and STM Equipment of Arlington, Texas. Staff recommended obtaining the equipment through the Houston-Galveston Area Council purchasing cooperative from Texas Underground of Pearland, Texas.
Twenty-seven local businesses were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $216,000 was appropriated with $216,000 available in Project 6413.8701 (Waste Water Collection – Rent Lease Machine) for principal and interest payments during FY 04-05. This equipment will be financed using the City’s master lease-purchase program.
Staff recommended purchase of the equipment through the Houston- Galveston Area Council purchasing cooperative for $328,800 and financing said purchase price through the City’s master lease-purchase program .
(34.) Resolution No. 2005-R0236 - BID #05-046-BM - Consider one resolution for Exterior Painting of Six Million Gallon Ground Storage Tank (Public Works).
16 Regular City Council Meeting June 9, 2005 This project involves materials and services to clean, prepare, and apply a new coating system on the exterior of the six million gallon water tank at the Water Treatment Plant. Acrylic based paint currently covering the tank exterior will be over coated to bring the tank into compliance with current Texas Commission on Environmental Quality requirements for water storage tank integrity.
Seventy-three local contractors were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $390,000 was appropriated with $200,000 available in Project 91032 (WTP Replacement) for this purpose.
Award contract to Whitehead Brothers Painting, LLC of Hillsboro, Missouri for $56,900.
(35.) Resolution No. 2005-R0237 - BID #05-048-BM - Consider one resolution to Furnish and Install Well Collection Line from Guy Park to Huneke Park (Water Utilities).
This project involves the installation of approximately 2,000 feet of 8-inch SDR 41 Class 100 well collection line from Guy Park to Huneke Park. The immediate purpose of this pipeline is to pump storm water from Guy Park to Huneke Park to lessen flooding potential around the Guy Park area. Ultimately, this pipeline will be used to transport water from three wells in Guy Park to Pump Station 10 at 82 nd and Memphis Avenue for treatment and injection into the water distribution system.
Forty-one local contractors were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $150,000 was appropriated with $138,644 available in Project 90352 (Pump Station 10 Well Supply) for this purpose.
Award contract to L. Howard Construction, Inc. of Abernathy, Texas for $81,182.50.
(36.) Resolution No. 2005-R0238 - BID #05-057-MA - Consider one resolution for Fertilizer Application (Parks and Recreation).
This bid is for the purchase and application of fertilizer to enhance turf appearance by giving it color and to supply nutrients that are vital for root soil and rhizome establishment to provide hardiness during the hot summer months. Fertilizer will be applied in 1,725 acres of city parks, the
17 Regular City Council Meeting June 9, 2005 City of Lubbock Cemetery, and the LP&L Cooke Plant during the 2005 growing season.
Seventeen local contractors were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $152,333 was appropriated with $70,070 available in Project 5221.8118 (Park Maintenance – Botanical Supplies) for this purpose.
Award contract to Kitten Fertilizer & Supply, Inc. of Slaton, Texas for $69,564.
The next item considered was Item 42.
(37.) Deleted.
FINANCE
Items 37A-41 were considered following Item 32A.
(37A.) ORDINANCE NO. 2005-O0053 - amending the FY 2004-05 Budget respecting 1) North Overton Tax Increment Finance Fund and 2) Abandoned Motor Vehicle Fund. (Amendment #12) (Finance) (second and final reading).
1. Establish a capital project for Tract 1A in the North Overton TIF.
Development in the North Overton TIF is happening faster than anticipated. Tract 1A will be developed in the next year and this capital project will fund the public improvements for this Tract in the North Overton TIF. The City’s participation in the public improvements will be $212,332.
Funding will come from FY 2005 Certificate of Obligation Bonds.
2. Increase budget by $50,000 to Abandoned Motor Vehicle Fund.
A budget for this fund was established by the City Council in October 2004. The Police Department has requested a portable classroom for training. Revenue to fund this expenditure is available for this purchase within this fund.
Staff recommended approval of the second reading of the ordinance amending the FY 2004-2005 budget.
18 Regular City Council Meeting June 9, 2005 Motion was made by Council Member Gilbreath, seconded by Council Member DeLeon to pass on second and final reading Ordinance No. 2005-O0053 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused on this item.
(38.) Presentation of the City of Lubbock Comprehensive Annual Financial Report (CAFR), the Single Audit Report, the State Award Audit, and the Management Letter for the fiscal year 2003-2004.
Each year the Accounting Department prepares a comprehensive annual financial report (CAFR) that is designed to provide the City Council, citizens, representatives of financial institutions, and others with detailed information concerning the financial condition and performance of the City. As a significant component of the preparation of the CAFR, an independent audit firm of certified public accountants performs an audit of the City’s general-purpose financial statements and notes.
William Hanley, CPA and partner of KPMG, L.L.P. will present the Audit opinion to the City Council and address any questions the City Council members have about the audit or audit opinion.
City Council will be asked to take minuted action to accept by consensus the annual financial report.
FISCAL IMPACT:
None.
As the preparation of the report and acceptance by the City Council is required under the City Charter, staff recommended passage of this action.
William Hanley, CPA and partner of KPMG, L.L.P., gave comments and answered questions from Council.
Lee Ann Dumbauld, Chief Financial Officer, also gave comments and answered questions from Council.
Motion was made by Council Member Boren, seconded by Mayor Pro Tem Martin to accept the annual financial report as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
19 Regular City Council Meeting June 9, 2005
(39.) Ordinance No. 2005-O0066 amending the FY 2004-05 Budget respecting 1) Central Business District Tax Increment Finance Reinvestment Zone Fund; 2) North Overton Tax Increment Finance Reinvestment Zone Fund; 3) Sewer Capital Projects Fund; 4) Water Capital Projects Fund 5) Water Fund; 6) General Fund; 7) Parks Capital Projects Fund; 8) Electric Fund. (Amendment #13) (first reading).
1. Amend the budget for the Central Business District Tax Increment Finance Reinvestment Zone Fund.
Amend the budget for the Central Business District TIF and add the following expense accounts: Office Supplies - $500, Professional Services - $4,500, and Boards and Commissions - $500. Administrative expenses for the TIF will be charged to these accounts.
Funding will come from the Central Business District TIF Fund.
2. Amend the budget for the North Overton Tax Increment Finance Reinvestment Zone Fund.
Amend the budget for the North Overton TIF and add the following expense accounts: Office Supplies - $500, Professional Services - $4,500, and Boards and Commissions - $500. Administrative expenses for the TIF will be charged to these accounts.
Funding will come from the North Overton TIF Fund.
3. Move funding from SEWRP Replace System and Facility project in the Sewer Capital Projects Fund to 4 th and Detroit Lift Station Replacement project in the same fund.
The SEWRP Replace System and Facility capital project will be reduced by $100,000, making the amended budget $425,000. Funding is being moved to 4 th and Detroit Lift Station Replacement capital project to pay for the rehabilitation of the interior coating on Lift Station #31. The existing coating of Lift Station #31 is deteriorated and must be rehabilitated to meet TCEQ regulations. The amended budget for this project will be $300,000.
4. Move funding from Groundwater Utilization Study project in the Water Capital Projects Fund to Pump Station #10 Well Supply project in the same fund.
The Groundwater Utilization Study capital project will be reduced by $100,000, making the amended budget $200,000. Funding is being moved
20 Regular City Council Meeting June 9, 2005 to Pump Station #10 Well Supply capital project. The amended budget for this project will be $250,000.
5. Add $30,000 to Water Treatment Plant Optimization project in the Water Capital Projects Fund to complete replacement of water filter media.
The additional funding will be used to replace anthracite filter media that has been lost through backwashing and filter maintenance over the past nine years. Anthracite is the top layer of filter media used in the water treatment plant’s multi-media filters. Replacement of the anthracite is critical to optimum performance of the filtration process. Funding will come from a transfer from the Water Fund revenue.
6. Add $148,400 to the master lease for SCADA system.
This Water Utilities project will replace and upgrade the current Supervisory Control And Data Acquisition (SCADA) system master station computer hardware and software. It will allow for replacement of the current system before it becomes obsolete due to age and advancements in computer hardware and software technology. The SCADA system is a computer controlled telemetry system used to monitor and control pumps, motors, chemical feed equipment, security alarms, water system pressures, tank levels, etc. throughout the Water Utilities system. Funding will come from Water Fund revenue.
7. Add $75,000 to Police Department budget in the General Fund for Radios and Mobile Video Recorders.
The Police Department is in need of communication equipment. Radios at a cost of $30,000 are being recommended to be funded with Radio Shop Fund fund balance. Another $45,000 is also being requested to fund Mobile Video Recorders, with this being funded from the Information Technology Fund fund balance.
8. Establish a new capital project in Parks Capital Project Fund for improvements to Wagner Park in Tech Terrace Neighborhood in the amount of $200,000.
Improvements to Wagner Park have been identified, including the park playground area. The project is to be funded with $177,000 from the General Fund fund balance and $11,500 from a contribution from the Tech Terrace U.N.I.T. Neighborhood Association and $11,500 from the Roscoe Wilson Elementary PTA.
9. Amending Electric Fund Budget.
21 Regular City Council Meeting June 9, 2005 Increase Electric Fund Budget for capital project by $800,000. Specific information regarding this project is competitive information protected under 552.133 of the Texas Government Code.
Staff recommended approval of the first reading of the ordinance amending the budget for FY 2004-2005.
Jeff Yates, Director of Fiscal Policy and Strategic Planning, gave comments and answered questions from Council. Yates assured Council Member Jones that other parks would have access to the funds from the Parks Capital Project Fund on a case-by-case, as-needed basis, as recommended.
Motion was made by Council Member Boren, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2005-O0066 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused on this item.
MISCELLANEOUS
Business Development
(40.) Resolution No. 2005-R0243 adopting as policy the Overton Park Public Improvement Site Design Guidelines.
The Planning Commission and staff have each proposed that the Guidelines be adopted as public policy. Since TIF funding is used during the negotiation of developer agreements, adoption of the Guidelines gives staff some reference for discussing the agreements with owners of parcels being redeveloped in the area.
FISCAL IMPACT:
None.
Staff and the Planning Commission recommended adoption of the resolution.
Motion was made by Council Member Boren, seconded by Council Member Gilbreath to pass Resolution No. 2005-R0243 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused on this item.
22 Regular City Council Meeting June 9, 2005
(41.) Resolution No. 2005-R0244 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Minerva Partners, LTD. regarding the funding of public improvements in Phase One, Bond Issue Two, Project Seventy-Five of the Second Amended Project Plan for the North Overton Tax Increment Finance Reinvestment Zone.
This agreement is between the City of Lubbock and Minerva Partners, LTD. With the contract, the City agrees to dedicate and pledge the use of revenue in the Tax Increment Fund to participate in the cost of the public improvements for Phase One, Bond Issue Two, Project Seventy-Five of the Amended Project Plan as recommended by the Board of Directors of the North Overton Tax Increment Finance (TIF) Reinvestment Zone. This Agreement delineates the division of funding for the public improvements as represented in Exhibit D (TIF participation) and Exhibit E (Developer participation). The total amount of tax increment financing for public improvements shown in Exhibit D is $212,332.
FISCAL IMPACT:
The City will issue bonds to fund this commitment.
Staff recommended approval of the resolution.
Motion was made by Council Member Gilbreath, seconded by Council Member Price to pass Resolution No. 2005-R0244 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais.
Mayor McDougal recused on this item.
The next items considered were Item 43-44.
(42.) Resolution No. 2005-R0239 giving Notice of Intent to enter into a tax abatement agreement with The Hurley Companies.
This item was considered following Item 36.
The City of Lubbock has received an application for industrial tax abatement from The Hurley Companies, dba Hurley Packaging, Essence Bottling, and E. B. Plastics. The Hurley Companies has purchased the former Santa’s Best Facility located at 2902 Municipal Drive, located in the Lubbock 2000 North Enterprise Zone, where they plan to move both existing companies, Hurley Packaging and Essence Bottling, and a new company, E. B. Plastics.
The project meets the Industrial Tax Abatement Policy and Guidelines minimum investment for an existing company of $1,000,000 in tangible
23 Regular City Council Meeting June 9, 2005 personal property. Total investment in the project will be approximately $1,100,000 ($100,000 in real property improvements and $1,000,000 in personal property). The Hurley Companies will create 20 new jobs over the next 12 months.
Hurley Packaging and Essence Bottling are both existing companies and have a total of 28 employees at the Lubbock operations with an estimated payroll of $1,021,629.
Staff is recommending a five-year declining scale tax abatement for this project.
FISCAL IMPACT:
If the value of the real property and tangible personal property is raised by the total investment amount, the estimated total amount of the City tax abatement will be $15,170 over five years.
Under the current guidelines, The Hurley Companies is eligible and meets the criteria for tax abatement. Staff is recommending approval of the tax abatement for a term of five (5) years with a declining schedule beginning with 100% and declining by 20% each year. Staff recommended approval of the resolution.
Cheryl Brock, Business Research Specialist for Business Development, gave comments and answered questions from Council. Gary Lawrence, Lubbock Economic Development Alliance CEO, also gave comments and answered questions from Council.
Motion was made by Council Member Jones, seconded by Council Member Price to pass Resolution No. 2005-R0239 as recommended by staff. Motion carried: 4 Yeas, 0 Nays.
Council Member Boren recused on this item.
The next items considered were Item 45-46.
Other
Items 43-44 were considered following Item 41.
(43.) Resolution No. 2005-R0245 supporting the Clovis, New Mexico community in their efforts to keep Cannon AFB open. Early in May 2005, Cannon Air Force Base in Clovis, NM, was place on the Defense Department’s proposed list of military base closures. Cannon is one of two Air Force bases and 33 military bases nationwide slated to close as part of the Base Realignment and Closure process. If approved by
24 Regular City Council Meeting June 9, 2005 Congress and President Bush, a Cannon closure would mean a direct loss of 4,780 jobs (2,824 base jobs and an estimated 1,956 jobs in the area) according to the Pentagon. Currently, there are more than 4,000 active- duty members and civilians at the base. It is estimated that Cannon is directly responsible for 20 to 26 percent of the region’s jobs. The BRAC has scheduled a regional hearing for 8:30 p.m., Friday, June 24, 2005, at Marshall Junior High School in Clovis, NM.
FISCAL IMPACT:
From a Lubbock and West Texas standpoint, closure of Cannon would have a negative economic impact throughout the region. Two of the hardest hit areas would be the city’s sales tax revenue and the medical community. Many military families seek health care in Lubbock, so medical professionals and hospitals would see a drop of 4,000 to 5,000 patients annually. Currently, Lubbock’s two major medical employers have annual receipts of around $19 million from the Curry County area, including Portales. Additionally, automobile dealerships, lodging, special events, and retailers would also feel a negative impact from the absence of shoppers from Cannon AFB and Curry County.
Due to its economic impact on Lubbock and West Texas, should Cannon AFB close, staff recommended approval of the resolution. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to pass Resolution No. 2005-R0245 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais.
PLANNING AND TRANSPORTATION
Planning
(43A.) ORDINANCE NO. 2005-O0061 - ZONE CASE NO. 3030 (west side of Slide Road, south of 100th Street): Consider the request of Hugo Reed and Associates, Inc. (for Ninety-Eight Joint Venture) for a zoning change from T to IHC on 12.6 acres of unplatted land out of Block E-2, Section 25 (Planning) (second and final reading).
Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to pass on second and final reading Ordinance No. 2005-O0061 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais.
Council Member Gilbreath recused on this item.
25 Regular City Council Meeting June 9, 2005 (43B.) ORDINANCE NO. 2005-O0062 - ZONE CASE NO 3039 (6204 Elgin Avenue): Consider the request of Betty E. Wheeler (for YWCA of Lubbock) for a zoning change from R-1 Specific Use to A-2 Specific Use for a YWCA facility and child development center on the north 300 feet of the east 354 feet of Lot 1, Swim Club Addition (Planning) (second and final reading).
Motion was made by Council Member Price, seconded by Council Member DeLeon to pass on second and final reading Ordinance No. 2005-O0062 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais.
Mayor Pro Tem Martin recused on this item.
(44.) Ordinance No. 2005-O0067 for annexation of an area 660 feet south of 114 th between 660 feet west of Slide to 660 feet east of Indiana and south of FM 1585 (first reading) .
During a public hearing on May 12, the Council held the required public hearing for annexation of an approximate 1,440 acre area between 660 west of Slide Road and 660 feet east of Indiana, 114 th Street and 660 feet south of F.M. 1585. A number of residents, particularly west of Slide and in the one-half square mile north of F.M. 1585 between Slide and Indiana expressed either concern or opposition. The owners of more that 900 acres of the total have expressed their interest in having their property annexed.
The shape of the west boundary was discussed with regard to the standard 660-foot policy for annexations. Several options may exist for a choice by the Council that will protect the frontage along Slide Road from new land uses that are not in concert with a future land use plan. If the area is annexed, the staff will prepare a proposed land use plan for the area and request consideration of that document by the Planning Commission and City Council. Subsequent or during adoption of that plan, the Council can indicate to the staff that one or several zone cases could be filed by the City to alleviate the concern of several of the parcels that will not meet current land use plan policy by not being located at the corner of two major intersections.
Following is a copy of the proposed service plan:
SERVICE PLAN
1. Police:
a. Any area annexed will be added to an existing Patrol District on the effective date of annexation.
26 Regular City Council Meeting June 9, 2005 b. Patrol, radio response to calls, and other routine police services, using assigned personnel and equipment, will be provided on the effective date of annexation.
c. When population and/or frequency of calls in the area demands, additional personnel and equipment will be added to continue the present level of police services throughout the City.
2. Fire:
a. Fire protection by the present personnel and the equipment of the fire fighting force (primary response from Station #12 [79 th and Slide], and Station #15 [80 th Street and Venita], and Station #14 [96 th Street and Avenue X]), within the limitations of available water and distances from fire stations, will be provided on the effective date of annexation. One of the City owned tankers is proposed to be parked at Station 15, the officer in charge of the incident would decide to activate the tanker versus other methods to get water to event.
b. Within the constraints of existing or future bond approvals, fire stations and personnel to serve the annexed area will be considered.
c. All existing and future businesses in the proposed area will be included for fire inspections under the business inspection program.
3. Sanitation (Solid Waste Disposal):
Refuse collection service now provided City-wide will be extended to the annexed area within ten working days for all residential units and those commercial customers who desire City services.
4. Traffic Engineering and Streets:
a. Routine maintenance of existing dedicated public streets (excluding State Highways) will begin on the effective date of the annexation.
b. All new streets, subject to platting, dedication requirements, and existing City Code and policies, will be constructed and dedicated without City cost with the exception of the thoroughfare and collector paving policies or paving, curb, and gutter may be accomplished through a pre-paid or assessment program.
27 Regular City Council Meeting June 9, 2005 c. Subject to platting and street dedication or existing needs as determined by the Traffic Engineering, the Traffic Engineering Department will install and maintain traffic control devices.
d. Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need is established by appropriate study and traffic standards, and within the guidelines of applicable City policies and ordinances.
5. Water and Sewer:
a. Water and sewer are not readily available in portions of the proposed area at present.
b. Major main extensions to the area will be considered in future capital improvement programs.
c. Availability of water and sewer beyond the extension of mains within a capital expense program is at the request and expense of the user, and shall be provided within current policies and ordinances of the City (note below for an explanation of pro-rata charges).
d. Water and sewer for domestic and commercial use, when installed, will be available at approved City rates.
e. Water for fire protection will be available through lines only after service lines are installed. Water in pumpers or in relay from existing sources will be used for fire suppression until that time.
6. Pro-Rata Charges
Chapter 28, City Code establishes the charges or the actual cost of construction due on all property to which water and/or sewer lines are extended. The charge is generally known as “pro-rata” and is due and payable before service is provided. The pro-rata charge represents a portion of the costs of providing water and/or sewer facilities to serve the property on which the pro-rata is paid.
When a person desires water and/or sewer service to property that requires an extension of existing facilities to provide service adjacent to the property or when the service connection will be made to a line constructed after April 1, 1952, the person desiring service shall pay non-refundable charge called pro-rata. 2005 pro-rata charges include $10.00 per front foot of lot or tract to be serviced for sewer and $11.00 for water, unless the actual extension cost is greater, then the charge is per actual cost.
28 Regular City Council Meeting June 9, 2005 When an extension of water/sewer facilities exceeds the above costs, the person(s) desiring service shall pay the entire cost and later be refunded that amount above pro-rata when other persons tie onto service and pay their pro-rata. Ordinance 8017 specifies other items including:
a. pro-rata on property already platted, and extension of services.
b. pro-rata and extensions to property being platted,
c. sizes of lines and meter sizes,
d. location for service connection,
e. deposits, charges, refunds,
f. cost of large mains may be partially paid by City, and other considerations,
g. When the City Council can declare a health hazard and install mains at public expense.
7. Parks and Recreation
The Parks and Recreation Department has no facilities in the proposed annexation area. Future parks or open space will be acquired through the dedication of property during development or purchase with appropriate City funds.
8. Building Inspection, Planning, Inspection Services:
Any inspection service or code enforcement now provided by the City (zoning, environmental control, health, animal control, building inspection), will begin in the annexed area on the effective date of annexation. Any inspection or enforcement services and vector control (mosquitoes, flies, rodents) now provided by City personnel will begin in the annexed area on the effective date of annexation. The planning and zoning jurisdiction (of the City), including the platting process, will extend to the annexed area on the effective date of annexation. City planning policy will encompass the annexed area. The annexed area will be zoned a “T” (transition) pending platting and zone case requirements.
9. Emergency Medical Service.
The City of Lubbock shall notify Lubbock County Hospital District of this annexation on the effective date of annexation with regard to provision of emergency medical services.
29 Regular City Council Meeting June 9, 2005 FISCAL IMPACT:
Subject to Council discussion with regard to what is committed in the service plan. At this point, the services required by the service plan will be an extension of existing personnel and equipment. No capital expense is contained in the proposed service plan.
The Planning Commission and Staff recommended annexation of the area. The Planning Commission did encourage the Council to consider accommodation of the two small subdivisions on the west that requested that all the lots be left out of this annexation and to extend services in the most expedient manner possible.
Randy Henson, Senior Planner, gave comments and answered questions from Council.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2005-O0067 with the following amendment:
On the west end of the annexation, the west boundary will start 660 feet west of the center line of Slide Road at the existing city limits west of Slide Road and south of 114th Street; proceed southerly to the northern alley line of Mesa Estates; thence, eastward to the east property line of lot 23 Mesa Estates; then due-south to the northern property line of tract A1-B1, at which point it turns due-west to a point that is 660 feet west of the center line of Slide Road; and thence continues south as drawn until it reaches the bottom of the southerly boundary of the annexation area, which is generally 660 feet south of the center line of FM 1585.
Motion carried: 7 Yeas, 0 Nays.
The next items considered were Item 47-48A.
Items 45-46 were considered following Item 42.
(45.) Ordinance No. 2005-O0063 for annexation of an area east of I-27 and north of FM 1294 (north of the airport) (first reading) .
On May 12, the required public hearing was conducted to accommodate the annexation. This is city owned property with the exception of the 50-foot right-of-way on the west. LEDA is in favor of the request and hopes to use the property for future business prospects. The City bought the property to bring the rail spurs into the airport property.
30 Regular City Council Meeting June 9, 2005
FISCAL IMPACT:
None.
The Planning Commission and staff recommended the annexation.
Motion was made by Council Member Boren, seconded by Council Member Jones to pass on first reading Ordinance No. 2005-O0063 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(46.) Resolution No. 2005-R0240 authorizing and directing the members of the City Council and City Staff who are members of the Lubbock Metropolitan Planning Organization Transportation Policy Committee to support negotiations with the Texas Department of Transportation through the Metropolitan Planning Organization, for the purpose of entering into an agreement with the Texas Department of Transportation to expedite the construction of the five phases of the Marsha Sharp Freeway and other projects contained in the Transportation Improvement Plan.
The Lubbock Metropolitan Planning Organization and its member jurisdictions are exploring partnership and financing options that will facilitate and expedite the five phases of the Marsha Sharp Freeway and other transportation projects. This resolution confirms the City Council’s commitment to pursue these partnership arrangements. This resolution also confirms the City Council’s intent to participate financially as a partner with TXDOT to facilitate the projects’ financing, and also expressly commits to not support the operation of the Marsha Sharp Freeway as a toll road as an option for funding.
FISCAL IMPACT:
The fiscal impact of a partnership with TXDOT to expedite planned transportation projects will be determined over the course of the negotiations.
Staff recommended approval of the resolution.
Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2005-R0240 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
9:58 A. M. CITY COUNCIL RECESSED
10:45 A. M. CITY COUNCIL RECONVENED
31 Regular City Council Meeting June 9, 2005 Present: Mayor Marc McDougal; 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; Lou Fox, City Manager; Linda Chamales, Supervising Attorney; and Rebecca Garza, City Secretary
Absent: Anita Burgess, City Attorney
The next item considered was Item 23.
Right-of-Way
Items 47-48A were considered following Item 44.
(47.) Resolution No. 2005-R0246 authorizing the Mayor Pro Tem to execute a street use license with The McDougal Companies for the use of a portion of Glenna Goodacre Boulevard, Mac Davis Lane, and Avenue X for street light signage banners. (2401 Glenna Goodacre Boulevard).
The McDougal Companies is in the process of developing the North Overton Area and is requesting permission through this street-use license to install 2-foot by 3-foot double-sided banners on several of the 13-foot tall street lamps that will be in the street right-of-way. These signage banners will state “The Center at Overton Park” and have seasonal art work on them. The McDougal Companies will provide the banners and maintain them and none of the banners will be located along University Avenue. These banners will be located along Glenna Goodacre Boulevard, Mac Davis Lane, Avenue X, and in the pedestrian area of the Centre shopping center. The charge for this license will be the $50 minimum per year and the license will be for 20 years, payable every five years in advance for current amount due of $250.00.
FISCAL IMPACT:
Annual income of $50.00 to the City.
The Right-of-Way Department recommended approval of this street use license to The McDougal Companies.
Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2005-R0246 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused on this item.
32 Regular City Council Meeting June 9, 2005
BOARD APPOINTMENTS
(48.) Consider eleven appointments to the Downtown Redevelopment Commission.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to appoint Jim Cummings, Steve Beasley, John Elliott, Harry Zimmerman, Terry Key, David Seim, Merle Blosser, Gary Lawrence, Don Caldwell, Tony Renteria, and Donnie Wright to the Downtown Redevelopment Commission. Motion carried: 4 Yeas, 3 Nays. Council Members DeLeon, Boren, and Price voted Nay.
(48A.) Consider one appointment to the Lubbock Economic Development Alliance Board of Directors.
Motion was made by Council Member Jones, seconded by Council Member Price to appoint Mike McDougal to the Lubbock Economic Development Alliance Board of Directors. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused on this item.
The next item considered was Item 50.
12:06 P. M. CITY COUNCIL RECESSED
12:19 P. M. CITY COUNCIL RECONVENED IN PUBLIC HEARING (Item 50)
12:45 P. M. CITY COUNCIL RECESSED
1:35 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103
(49.) 79 th Texas Legislative Session Review.
This item was considered following Item 50.
Robert Floyd with Hance, Scarborough, Wright Woodward & Weisbart gave a presentation and answered questions from Council. Senator Robert Duncan, Representative Delwin Jones, and Representative Carl Isett all gave reviews on the proceedings of the 79 th Texas Legislative Session and also answered questions from Council. Council adjourned after this item.
33 Regular City Council Meeting June 9, 2005
12:19 P. M. PUBLIC HEARINGS
(50.) Hold a Public Hearing for consideration of the Community Development Service Board recommendation for the program funding of the FY2005 - 2006 Community Development Block Grant (CDBG), Home Investment Partnership (HOME), Emergency Shelter Grant (ESG) and previously generated program income.
This item was considered following Item 48A.
Mayor McDougal opened the public hearing at 12:25 p. m. Carrie Meeks, Maggie Trejo, Bill Powell, Cindy Finley, Jay Jacobus, Betty Wheeler, Barbara Russell, Rhonda Anderson, Felicia Essix, and Pastor Mark Culver appeared on behalf of the Community Development Block Grant, Home Investment Partnership, and Emergency Shelter Grant. No one appeared in opposition. Mayor McDougal closed the hearing at 12:44 p. m.
The U.S. Department of Housing and Urban Development informed the City of Lubbock that it was eligible to receive a FY 2005-2006 consolidated formula allocation. These funds, plus previously generated program income, bring the total available for allocation to $4,805,080. This year the city received 37 applications for CDBG, HOME and ESG funds with requested amounts totaling over $6.4 million dollars.
Lubbock citizens participated in this year’s funding process through the activities of the Community Development and Services Board. In making recommendations, the Community Development and Services Board kept in mind the goals of the City Council and the Consolidated Plan priorities.
The recommendation of the CDSB for spending federal dollars has been published since May 28, 2005. This Public Hearing will allow citizens to directly participate by addressing the City Council with comments. The recommendation from the CDSB is the following:
FISCAL IMPACT:
While the Public Hearing will not have an impact fiscally, there will be a positive impact after the projects are approved. For the general funds there are several projects recommended that will assist the Parks department and Business and Neighborhood Development department. Overall this will provide funds to assist many other agencies and have a positive fiscal impact overall for the city. Should Federal funds be cut or reduced projects would be revised as needed.
Staff recommended that the City Council accept the Community Development Services Board’s funding recommendations for FY 2005-
34 Regular City Council Meeting June 9, 2005 2006. Council will not vote on the recommendation until the June 26, 2005 City Council meeting.
Nancy Haney, Community Development Director, gave comments and introduced Karen Worley, who gave comments and statistics on the CDBG, HOME, and ESG programs.
The next item considered was Item 49.
2:40 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor McDougal adjourned the meeting immediately after Item 50 in Work Session.
35