HomeMy WebLinkAboutMinutes - City Council - Regular - 1/25/2007CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JANUARY 25, 2007
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 25th
day of January, 2007, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
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7:30 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller, Mayor Pro Tem Jim Gilbreath, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Phyllis Jones, Council Member John Leonard, Council
Member Floyd Price
Absent: No one
1. CITIZEN COMMENTS
1.1. Brent Preston of Cowhouse Properties, LTD will appear before the City
Council to discuss a request to de-annex certain property.
Citizen was not present.
1.2. Bernie Gradel of Hugo Reed & Associates, Inc. will appear before the City
Council on behalf of Ransom Canyon, Texas, to discuss the City of
Lubbock water rate increase.
This item was deleted.
• John Gabus addressed Council regarding red light cameras and suggested
things to look for in the contract before signing it.
• Charles Shue addressed Council regarding the average water use as it
relates to establishing water rates.
2. EXECUTIVE SESSION
Mayor Miller stated: "City Council will hold an Executive Session today for the
purpose of consulting with the City Staff with respect to pending or contemplated
litigation; the purchase, exchange, lease, or value of real property; personnel
matters; and competitive matters of the public power utility, as provided by
Subchapter p of Chapter 551 of the Government Code, the Open Meetings Law."
7:39 A. M. CITY COUNCIL RECESSED
City Council Conference Room
All council members were present.
TO EXECUTIVE SESSION
2.1. I3old 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, Police/Zoning,
Right-of-Way, Solid Waste, Stormwater, Streets, Traffic Engineering,
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 (Water Utilities).
2.3. Hold an executive session in accordance with V.T.C.A. Government Code,
Section 551.074 (a)(1), to discuss personnel matters (City Attorney, City
Manager, City Secretary) and take appropriate action.
2.4. Hold an executive session in accordance with V.T.C.A. Government Code,
Section 551.074(a)(1), to discuss personnel matters regarding duties,
responsibilities, and/or appointments to the Structural Standards
Commission, Urban Design/I3istoric Preservation Commission, and Zoning
Board of Adjustment.
Regular City Council Meeting
January 25, 2007
2.5. Hold an executive session in accordance with V.T.C.A. Government Code,
Section 551.086, on the following competitive matters (Electric Utilities):
2.5.1 to deliberate, vote and take fmal action on electric rates of Lubbock
Power and Light;
2.5.2 to discuss, vote and take final action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light;
2.5.3 to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency.
9:45 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council
Member Gary O. Boren; Council Mem6er Linda DeLeon; Council
Member Phyllis Jones; Council Member John Leonard; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one. Council Member Boren arrived at 9:53.
Mayor Miller reconvened the meeting at 9:45 a.m.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Pastor Rodney Draggon, Martin Luther King Seventh Day
Adventist Church.
3.2. Pledge of Allegiance to the Flags.
Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
3.3. Special Recognition commemorating Susan G. Komen Breast Cancer
Foundation 25th Anniversary, and more particularly, recognizing the week
of January 22, 2007, as Promise Week.
Mayor Miller gave special recognition to commemorate Susan G. Komen
Breast Cancer Foundation's 25th Anniversary. Ashley Hamm, Executive
Director of the Lubbock affiliate of the Susan G. Komen for the Cure, along
with Laura Vinson, joined Mayor McDougal as he recognized the week of
January 22, 2007 as Promise Week. Ms. Hamm gave comments.
3.4. Proclamation of February 2, 2007 as American Heart Association "Wear
Red Day" in Lubbock.
Allison McMillan, Corporate Marketing Director for the American Heart
Association, joined Mayor Miller as he read proclamation of February 2, 2007
as American Heart Association "Wear Red Day" in Lubbock. Ms. McMillan
gave comments.
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
December 19, 2006
Motion was made by Council Member DeLeon, seconded by Council Member
Price to approve the minutes of the Regular City Council Meeting of December
19, 2006 with an amendment, as proposed by Council Member Jones, to
include in Item 6.8 all actions and motions made by Council. Motion carried:
7 Ayes, 0 Nays.
5. CONSENT AGENDA was considered following Item 6.1.
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Regular City Council Meeting
January 25, 2007
6. REGULAR AGENDA
6.1. Site Plan Appeal - Planning: Consider an appeal
Planning Commission with regard to a site plan
Works facility between Vicksburg and Slide Road
approval of site plan.
ITEM SUMMARY
of a decision by the
review for the Body
on 82nd Street and
In the original zone case, the property where the shopping area associated with
� the commercial development between Slide and Vicksburg, south of 82nd
Street, contains a condition for site plan and building elevation approval by the
Planning Commission prior to issuance of a construction permit. All of the
buildings in the Lakeridge shopping area have followed that condition and
received approval. In approximately 2004, the new Body Works building
processed a site plan and building elevation that was approved by the Planning
Commission.
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On ihe original plan reviewed by the Commission, an outdoor pool was
requested for construction on the south side of the building with no indication
of cover nor enclosed in any manner. During a staff review required of every
major construction project when a contractor is requesting a permit, Body
Works revised the site plan and illustrated the pool in front of the building
(toward 82nd Street) surrounded by a low brick fence. During that process, a
determination was made by various staff inembers that the minor change did
not constitute a major issue, particularly with the large amount of set back of
the Body Works building from 82nd Street. Again, the site plan noted the pool
with a low brick fence — raising no particular concerns that would cause this
new review by the Planning Commission and appeal to the Council.
After finishing the building and the business was open, a white plastic "bubble"
(air supported structure similar to the cover of the Texas Tech swimming pool)
was put in place. The contractor did not obtain a permit, a process that would
have at least stopped the process until the Planning Commission could again
review the site plan and determine the appropriateness of the structure prior to
the expense of purchase and installation. The Planning and Codes Departments
have received a number of calls protesting the "looks" of the "bubble", thus a
new review by the Planning Commission was prompted during the December
meeting.
The Planning Commission questioned the owner of Body Works and the
contractor for the structure. At least one couple spoke in opposition to the item
and has submitted two letters that are in the backup materials. The discussion of
the bubble structure was on the agenda as "other business". Both that discussion
and the hearing to the Council have not included mailed notice to adjacent
landowners since it is not a zone case, but simply a review of a condition of the
original zone case.
The Planning Commission did not reach a full consensus whether the structure
is "ugly" or a detriment to the community and should not be allowed on the
front of the building. The final vote was enough to not approve the amended
site plan, but was not unanimous. Several members indicated their opinion that
the City Council should be involved in the final decision making process as
elected officials.
Mr. Rose has created that opportunity with this appeal.
Mr. Rose is requesting approval of the amended site plan with the swimming
pool enclosure to be in place approximately six months per year.
Bodyworks Family Sports Centers Pool Dome Member Testimonials are
provided in supplemental agenda backup available in the City Secretary's
Office.
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Regular City Council Meeting
January 25, 2007
FISCAL IMPACT
No fiscal impact anticipated.
As voiced during the Planning Commission meeting by Commission members,
the applicant and citizens — a range of opinions regarding the appropriateness of
the "bubble". Staff opinions on the appropriateness are also mixed. Had the
structure been subject to site plan review process or a permit requested, the
issue could have been discussed and decided prior to the expense by Body
Works. The owner and representative indicated that they had, in fact, planned
the bubble when the plans went to site plan review and the staff committee —
but did not show it. Their explanation was a lack of understanding that it was
either an issue or that it needed a permit. The sales representative installed the
Tech pool bubble, and did not need a permit because Texas Tech is exempt
from City governance. He and the owner seem to have a legitimate explanation
for the placement without a permit, and seemed very genuine in the fact they
are sorry that they did not follow the process correctly.
Notwithstanding the comments from the public and the letter the Council will
have in backup that the "bubble" is ugly and should not be allowed, the
Planning staff is reluctant to recommended denial based onl�y on taste.
If approval by the City Council is granted, please consider a condition to the six
months requested by Mr. Rose. With that, the staff would recommend approval.
Motion was made by Council Member Leonard, seconded by Mayor Pro Tem
Gilbreath to approve the amended site plan, with the swimming pool enclosure
to be in place approximately six (6) months per year, with condition that there
be no graphics (letters/logos) put on the dome. Motion carried: 7 Ayes, 0
Nays.
5. CONSENT AGENDA (Items 5.1-5.8, 5.11-5.13, 5.15-5.17, 5.19-5.20, 5.22-5.24)
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Jones
to approve Items 5.1-5.8, 5.11-5.13, 5.15-5.17, 5.19-5.20, 5.22-5.24 on consent agenda
as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.1. Right-of-Way Ordinance 2nd Reading - Right-of-Way: Ordinance No.
2007-00003 Consider an ordinance abandoning and closing a portion of a
20-foot drainage, underground utility and garbage service easement
located in Section 27, Block AK, Lubbock County, Texas, located in the
8400 Block of Milwaukee Avenue.
ORDINANCE NO. 2007-00003
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20-
FOOT DRAINAGE, UNDERGROUND UTILITY, AND GARBAGE SERVICE
EASEMENT LOCATED IN SECTION 27, BLOCK AK, LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY
TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance was read for the first time at the January 12, 2007, City Council
meeting as a Consent Agenda item. This ordinance abandons and closes a
portion of a 20-foot drainage, underground utility and garbage service easement
in Section 27, Block AK, which is located south of 82nd Street just west of
Milwaukee Avenue. This easement was dedicated with the Monterey Addition
plat and is no longer needed due to a change in development. A new plat of the
Monterey Addition Lots 929-1064 will be filed along with this easement
closure. The easement will be replaced with streets and alleys. Stormwater
Engineering and all utility companies are in agreement with this closure.
FISCAL IMPACT
No fiscal impact is anticipated.
The Right-of-Way Deparhnent recommended the approval of the second
reading of this easement closure.
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Regular City Council Meeting
January 25, 2007
5.2. Zone Case No. 1993-C (6402 Albany Avenue) Ordinance 2nd Reading -
Zoning: Ordinance No. 2007-00004 Consider request of Robert Clark (for
Asken Properties) for a zoning change from A-1 to GO Specific Use for a
three story office building on a portion of Tract B, Sentry Park Addition.
ORDINANCE NO. 2007-00004
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1993-C; A ZONING CHANGE FROM A-1 TO GO
'� SPECIFIC USE FOR A THREE STORY OFFICE BUILDING ON A PORTION OF
' TRACT B, SENTRY PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO
� CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council and, after due consideration, the City Council found that due
to chataged conditions, it would be expedient and in the interest of the public health, safety
and general welfare to make those proposed changes in zoning; and
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WHEREAS, all conditions precedent required by law for a valid amendment to the
Zoning Ordinance and Map have been fully complied with, including giving notices in
compliance with Section 29-24 of the Code of Ordinances, City of Lubbock, Texas, and
the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and
notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days
prior to the date of the public hearing before the City Council on such proposed
amendment, and the public hearing according to said notice, was held in the City Council
Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in
support of the proposal; and after said hearing, it was by the City Council determined that
it would be in the public interest, due to changed conditions, that the Zoning Ordinance
and the Zoning Map be amended in the manner hereinafter set forth in the body of this
Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO.1993-C
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from A-1 to GO Specific Use for a three story office building
under provisions of Section 29-24 of the Code of Ordinances of the City of
Lubbock on a portion of Tract B, Sentry Park Addition, City of Lubbock,
Lubbock County, Texas, located at 6402 Albany Avenue, subject to conditions and
being further described as follows:
METES AND BOUNDS DESCRII'TION: Attached as Exhibit "A"
SUBJECT TO THE FOLLOWING CONDITION:
1.
2.
3.
THAT the project will be tied to the proposed site plan.
THAT an easement allowing access from the new parking lot to the curb
return for the apartment complex shall be filed in Lubbock County
Courthouse.
If the property is sold in separate parcels, the entire property will be subject
to a replat.
SECTION 2. THAT the granting of this specific use zoning is hereby made subject
to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including
particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which
provides that a Building Permit shall be applied for and secured within thirty (30) months
of the effective date of the zone change or all undeveloped property shall automatically
revert back to the previous zoning classification, which in this case is the A-1 zone district;
and if such reversion occurs, the Director of Planning is directed to remove from the
Zoning Map the legend indicating such specific use. The Specific Use authorized by this
Ordinance is permitted under provision of Section 29-24 (c) 24 of Codified Zoning
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Regular City Council Meeting
January 25, 2007
Ordinance No. 7084 on the property described as a portion of Tract B, Sentry Park
Addition, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication of
the descriptive caption of this Ordinance as an alternative method provided by law.
The request is filed as Specific Use to enable the Commission and Council to
utilize the General Provision in Specific Use that allows City Council to vary
development requirements "to allow flexibility for modern urban planning and
design". In this instance, Garden Office guidelines allow for a two-story
maximum. The change to the standards that are contained in this Garden Office
Specific Use request is that the applicant wants to construct a two-story office
building above a ground floor of parking, making the structure three stories.
Adjacent land uses:
N — Loop 289
S — Aparhnents
E — Apartments
W — Aparhnents
A site plan imposed on an aerial of the site indicates that the applicant can "fit"
the proposed building on the portion of the apartment site that is now occupied
by tennis courts and not encroach into more than two of the existing apartment
parking spaces.
As noted, the request meets the intent of two stories for Garden Office
development but not the permitted height in the GO District because of the
parking underneath. The project is consistent with the Comprehensive Land
Use Plan in that GO is a buffer the same as the current apartrnent zoning. The
proposal is considered by some adjacent owners as an "odd" addition to the
area, and is noted by one adjacent owner as inconsistent with current
construction. The proposed square footage of the new building would have a
total of approximately 6,000 square feet of office space in the two levels above,
with parking in the space available under the building after supports are
provided for the structure.
The proposal will be limited to no access to the service road of Loop 289. Since
the property is owned by the same individual the proposed building is going to
be accessed by easement through the parking lot of the Metropolitan
Apartments. If the case is approved, the proposed conditions would request
recording dedication of that easement by separate instrument, and a requirement
that the property be replatted if it is sold from the parent aparhnent tract.
Again, the placement of the building meets a majority of the development
requirements of the Garden Office District with the exception of the three story
height. Since both the Garden Office and A-1 and A-2 Districts are comparable
in terms of the Comprehensive Plan, the Planning Commission seemed of the
opinion that if the addition of the office building can be "proved up" with
additional site and civil engineering design, they had no opposition for approval
of the request.
The Planning Commission recommended approval of the request subject to the
following condition:
1. The project will be tied to the proposed site plan.
2. An easement from the new parking lot to the adjacent curb cut shall be
dedicated.
3. If the parcel is sold in separate pieces, the entire property will be subject to
a replat.
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Regular City Council Meeting
January 25, 2007
FISCAL IMPACT
No fiscal impact is anticipated.
Subject to the objections of adjacent owners (they did not appear at the
Planning Commission meeting so there is no evidence that the opposition is
credible or not), the staff finds no issue supporting the recommendation of the
Planning Commission.
5.3. Zone Case No. 3072 (9810 Slide Road) Ordinance 2nd Reading - Zoning:
� Ordinance No. 2007-00005 Consider request of Parkhill, Smith & Cooper
(for First Bank & Trust) for a zoning change from T to C-2A on 1.15 acres
of unplatted land out of Section 25, Block E-2.
ORDINANCE NO. 2007-00005
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3072; A ZONING CHANGE FROM T TO C-2A
ZONING ON 1.15 ACRES OF UNPLATTED LAND OUT OF SECTION 25, BLOCK
E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council and, after due consideration, the City Council found that due
to changed conditions, it would be expedient and in the interest of the public health, safety
and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to the
Zoning Ordinance and Map have been fully complied with, including giving notices in
compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas, and
the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and
notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days
o►��^ prior to the date of the public hearing before the City Council on such proposed
amendment, and the public hearing according to said notice, was held in the City Council
Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in
support of the proposal; and after said hearing, it was by the City Council determined that
it would be in the public interest, due to changed conditions, that the Zoning Ordinance
and the Zoning Map be amended in the manner hereinafter set forth in the body of this
Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 3072
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from T to C-2A zoning district on 1.15 acres of
unplatted land out of Section 25, Block E-2, City of Lubbock, Lubbock County,
Texas, located at 9810 Slide Road, being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars
�''" ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication of
the descriptive caption of this Ordinance as an alternative method provided by law.
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Regular �ity Council Meeting
January 25, 2007
T'he request is located at the southwest corner of Slide and 98th Street.
Adjacent land uses:
N — convenience store
S — vacant
E — commercial
W — vacant
The applicant is requesting C-2A zoning for a structure that will be a
commercial modular building and will be placed on a portion of the lot for the
near term. A long term development plan is in progress for the balance of the
site, and a new permanent building will be placed on the parcel.
The request meets both the Comprehensive Land Use Plan and Zoning Policies,
and should have no significant impact on the thoroughfare system. The
Planning Commission recommended the request as submitted.
The Planning Commission recommended approval of the request.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning and Zoning Commission.
5.4. Zone Case No. 3073 (13010 Indiana Avenue) Ordinance 2nd Reading -
Zoning: Ordinance No. 2007-00006 Consider request of Bobby McQueen
(for Jeanette Lubenau and Barbara Johnson) for a zoning change from T
to C-3, and C-4 Specific Use for a veterinary clinic with a partially
unenclosed kennel and all unconditionally permitted C-3 uses on 6.582
acres of unplatted land out of Section 18 Block E-2.
ORDINANCE NO. 2007-00006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3073; A ZONING CHANGE FROM T TO C-3 AND C-
4 SPECIFIC USE FOR A VETERINARY CLINIC WITH AN UNENCLOSED
KENNEL ON 6.582 ACRES OF UNPLATTED LAND OUT OF SECTION 18,
BLOCK E-2, LUBBOCK,
PENALTY, PROVIDING
PUBLICATION.
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
A SAVINGS CLAUSE AND PROVIDING FOR
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council and, after due consideration, the City Council found that due
to changed conditions, it would be expedient and in the interest of the public health, safety
and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to the
Zoning Ordinance and Map have been fully complied with, including giving notices in
compliance with Section 29-24 of the Code of Ordinances, City of Lubbock, Texas, and
the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and
notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days
prior to the date of the public hearing before the City Council on such proposed
amendment, and the public hearing according to said notice, was held in the City Council
Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in
support of the proposal; and after said hearing, it was by the City Council determined that
it would be in the public interest, due to changed conditions, that the Zoning Ordinance
and the Zoning Map be amended in the manner hereinafter set forth in the body of this
Ordinance and this Ordinance having been introduced prior to first reading hereof;
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Regular City Council Meeting
January 25, 2007
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 3073
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from T to C-3 and C-4 Specific Use for a veterinary clinic
with an unenclosed kennel under provisions of Section 29-24 of the Code of
°� Ordinances of the City of Lubbock on 6.582 acres of unplatted land out of
Section 18, Block E-2, City of Lubbock, Lubbock County, Texas, located at 13010
Indiana Avenue, subject to conditions and being further described as follows:
METES AND BOLTNDS DESCRIPTION: Attached as Exhibits "A" and "B".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT for the C-4 Specific Use portion, the project be tied to the proposed
site plan.
2. THAT the entire kennel and veterinary operation, with the kennel being
constructed first and the entire proposed screening fence, shall be completed
within two years of the effective date of the ordinance.
SECTION 2. THAT the granting of this specific use zoning is hereby made subject
to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including
particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which
provides that a Building Permit shall be applied for and secured within thirty (30) months
of the effective date of the zone change or all undeveloped property shall automatically
revert back to the previous zoning classification, which in this case is the T zone district;
and if such reversion occurs, the Director of Planning is directed to remove from the
Zoning Map the legend indicating such specific use. The Specific Use authorized by this
Ordinance is permitted under provision of Section 29-24 (c) (24) of Codified Zoning
� Ordinance No. 7084 on the property described as 6.582 acres of unplatted land out of
� Section 18, Block E-2, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication of
the descriptive caption of this Ordinance as an alternative method provided by law.
The applicant is requesting zoning on a 6.5 acre lot that exists on the northwest
corner of 114th Street and Indiana. The parcel is surrounded on the north and
west by a public golf course.
Adjacent land uses:
N— existing golf course clubhouse
S — vacant
E — vacant
W — existing golf course
� The application is split into two parts:
1. The corner parcel just over five acres is requested as C-3, which is
"shopping center zoning" and is a policy zone case.
2. The north parcel, just in excess on one acre, is proposed as C-4 Specific Use
as a veterinary clinic that will operate in conjunction with a forty animal
kennel.
The vet clinic requires that a Specific Use Permit be considered and the format
of the proposed kennel caused the staff to ask that it be included in the Specific
Use portion because of the unique design. Normally, the kennel would be a
permitted C-4 use — but the Code requires the entire operation to be inside a
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Regular City Council Meeting
January 25, 2007
building. In this instance, the kennel building will include a roof that covers the
outside runs that will be connected to the interior portion of each room that will
accommodate an animal. The single aspect not in the current description for
"kennel" in C-4 is the inclusion of the small outdoor runs associated with the
indoor areas. The animals will be allowed access to the out of doors in an
enclosed chain link area, and the animals will be able to access the adjacent
"indoor" part of the kennel — depending on their preference or the weather.
The applicants have proposed a screening fence entirely around the portion of
the structure of the buildings that will be the outdoor runs and the back of the
vet clinic. Since there is a golf course to the north and west, with the proposed
C-3 to the south, the outside nature of the animal runs should not affect any
adjacent residential area.
The project will have no significant impact on the thoroughfare system.
The Planning Commission recommended the request with the following
conditions:
l. For the C-4 Specific Use portion, the project will be tied to the proposed
site plan.
2. The entire kennel and veterinary operation, with the kennel being
constructed first and the entire proposed screening fence, shall be completed
within two years of the effective date of the ordinance.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.5. Zone Case No. 1662-G (5402 Avenue L) Ordinance 2nd Reading -
Zoning: Ordinance No. 2007-00007 Consider request of Dave Kirk (for T-
Mobile) for a zoning change from C-4 to C-4 Specific Use for a 100-foot
monopole communications tower and associated ground equipment
compound on 900 square feet out of the east part of Tract L, CN Hodges
Addition.
ORDINANCE NO. 2007-00007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1662-G; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE FOR A 100 FEET MONOPOLE COMMUNICATIONS TOWER AND
ASSOCIATED GROUND EQUIPMENT COMPOUND ON 900 SQUARE FEET OUT
OF THE EAST PART OF TRACT L, CN HODGES ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council and, after due consideration, the City Council found that due
to changed conditions, it would be expedient and in the interest of the public health, safety
and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to the
Zoning Ordinance and Map have been fully complied with, including giving notices in
compliance with Section 29-24 of the Code of Ordinances, City of Lubbock, Texas, and
the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and
notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days
prior to the date of the public hearing before the City Council on such proposed
amendment, and the public hearing according to said notice, was held in the City Council
Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in
support of the proposal; and after said hearing, it was by the City Council determined that
it would be in the public interest, due to changed conditions, that the Zoning Ordinance
and the Zoning Map be amended in the manner hereinafter set forth in the body of this
Ordinance and this Ordinance having been introduced prior to first reading hereof;
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Regular City Council Meeting
January 25, 2007
NO'V�'' THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO.1662-G
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from C-4 to C-4 Specific Use for a 100 feet monopole
communications tower and associated ground equipment compound on 900 square
"�" feet under provisions of Section 29-24 of the Code of Ordinances of the City of
Lubbock out of the east part of Tract L, CN Hodges Addition, City of Lubbock,
Lubbock Cou.nty, Texas, located at 5402 Avenue L, subject to conditions and being
further described as follows:
METES AND BOLTNDS DESCRIl'TION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
3. THAT the site plan as proposed will be adopted as part of the ordinance.
4. THAT a letter from the technical and "land" personnel of this company
shall be provided to illustrate evidence that no alternative economical sites
exist in this area (with provision of this letter at first reading, if approved
number 2 can be eliminated from the final).
SECTION 2. THAT the granting of this specific use zoning is hereby made subject
to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including
particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which
provides that a Building Permit shall be applied for and secured within thirty (30) months
of the effective date of the zone change or all undeveloped property shall automatically
revert back to the previous zoning classification, which in this case is the C-4 zone district;
and if such reversion occurs, the Director of Planning is directed to remove from the
Zoning Map the legend indicating such specific use. The Specific Use authorized by this
,r� Ordinance is permitted under provision of Section 29-24 (c) (10) of Codified Zoning
Ordinance No. 7084 on the property described as 900 square feet out of the east part of
Tract L, CN Hodges Addition, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication of
the descriptive caption of this Ordinance as an alternative method provided by law.
The Zoning ordinance requires a Specific Use Permit be processed on any
proposed cell tower application that is not in an industrial district and that a
specific set of findings be made during the decision making process.
The following bullets are established by the Federal Communications Act for
consideration of any PCS, TV, or cellular tower case:
Reasonableness — Local governments may not discriminate between carriers
nor use zoning provisions that effectively prohibit the provision of service.
The intent of Congress is not to deny localities the flexibility to treat similar
� service providers differently on the basis of varying setback, height or safety
requirements when proposals are in different zoning districts. IE: A request in
residential can be considered with a different perspective than one in
commercial or industrial.
Timeliness — The hearing process must occur within a reasonable time frame.
• Documentation — A denial by the Planning Commission or City Council must
be in writing and substantiated by evidence contained in written records. The
application should be detailed in writing, and a written evaluation of the
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Regular City Council Meeting
January 25, 2007
application by staff should be presented. The minutes should reflect in detail
any opposition or support for the request.
• Siting Criteria — The effect of the electromagnetic field created by cellular or
PCS may not be a factor in the consideration of a tower. Presumably, FCC
guidelines are in effect which provide a safe electromagnetic atmosphere in
the immediate vicinity of towers.
• Court jurisdiction — Challenges to denied zone cases must be filed in state or
federal court.
Staff Review of stated purpose/goals for towers [Section 29-30(b)(8)]:
1. Encourage the location of towers in non-residential areas and minimize the
total number of towers throughout the community.
One guideline for towers is that the setback from adjacent off-site residential
structures be greater than the height of the pole. This proposed site has no
adjacent residential.
2. Encourage strongly the joint use of new and existing tower sites.
The company has not provided documentation that there are no existing towers
that the engineers for this company indicate will provide adequate service in the
"service ring" targeted for these antennae. If the case is approved, a proposed
condition will be that a letter outlining the lack of alternatives be provided
before the Council hearing.
3. Require users of towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal.
This is the toughest aspect of tower requests. Except in remote areas of the
community, adjacent owners often express considerable objection for new
tower locations. Contrast this to the demand by the overall public for consistent,
clear phone communications and the situation is diametric. Staff want clear
phone signals, but do not want the towers.
One aspect staff have illustrated in past cases is the number of tall items in our
community that seem to not create great concern, although general reference to
them may be as "ugly" in the same context as cell towers:
• The light standards on 19th Street and University Avenue are at least 90 feet
tall
• The typical major electrical transmission towers along Flint and 34th Street
are approximately ninety feet tall.
• The light standards of Loop 289 and major intersections are approximately
one hundred feet tall.
• The television tower south of the Loop at University is in excess of 1400 feet
tall.
These comparisons illustrate that staff overlook many ta11 items because staff
recognize their necessity, although staff may not care for their aesthetic appeal.
The same applies to cell towers when alternate structures do not exist, staff
have to live with their presence if staff demand the phone service.
Two aspects that may constitute the primary opposition for the request are
property values and aesthetics. While these are viable discussion items for
determination by the Planning Commission, opinions from citizens that are not
substantiated with data or "expert" verification is suspect if a denial is
challenged in court.
4. Require users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas.
The applicant understands that at least two users will be allowed on the tower.
Most recent towers have attempted to maximize the number of users since they
can generate revenue, and the community will have fewer towers. In the early
days of cell development, many companies would not let competitors on their
Regular City Council Meeting
January 25, 2007
tower — that outlook has changed because of increased regulation and revenue
sources.
Planning and Zoning Commission recommended the request subject to the
following conditions:
1. The site plan will be adopted as part of the ordinance.
2. A letter from the technical and "land" personnel of this company shall be
provided to illustrate evidence that no alternative economical sites exist in
„� this area (with provision of this letter at first reading, if the case is approved
number 2 can be eliminated from the final).
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.6. Zone Case No. 2085-A (602 Avenue Q) Ordinance 2nd Reading - Zoning:
Ordinance No. 2007-00008 Consider request of Hugo Reed and
Associates, Inc. (for Minerva Partners) for a zoning change from A-2 to C-
3 on Lots 1-10, Block 110, Overton Addition.
ORDINANCE NO. 2007-00008
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2085-A; A ZONING CHANGE FROM A-2 TO C-3
ZONING ON LOTS 1-10, BLOCK 110, OVERTON ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council and, after due consideration, the City Council found that due
to changed conditions, it would be expedient and in the interest of the public health, safety
and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to the
Zoning Ordinance and Map have been fully complied with, including giving notices in
compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas, and
the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and
notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days
prior to the date of the public hearing before the City Council on such proposed
amendment, and the public hearing according to said notice, was held in the City Council
Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in
support of the proposal; and after said hearing, it was by the City Council determined that
it would be in the public interest, due to changed conditions, that the Zoning Ordinance
and the Zoning Map be amended in the manner hereinafter set forth in the body of this
Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2085-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
� A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from A-2 to C-3 zoning district on Lots 1-10,
Block 110, Overton Addition, City of Lubbock, Lubbock County, Texas, located
at 602 Avenue Q, being further described as follows:
METES AND BOIJNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock.
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Regular City Council Meeting
January 25, 2007
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication of
the descriptive caption of this Ordinance as an alternative method provided by law.
The applicant is requesting the rezoning of a site currently zoned for a lodge
(the Scottish Rite). The building was one of the original public schools in
Lubbock before it was sold to the Scottish Rite, it had not been used in years.
Adjacent land use:
N — commercial
S — commercial �
E — commercial
W — apartments or vacant
The application is in concert with the revised Comprehensive Land Use Plan
for the Overton North redevelopment area, and will be in accord with zoning
policy when the stxucture is built.
As noted before, all the recent redevelopment in this area is going to have a
significant impact on the thoroughfare system, but Avenue Q is a designated
thoroughfare and part of the U.S. Highway System. In addition, three blocks
north the future Marsha Sharp Freeway are under full conshuction and
eventually should greatly reduce congestion in this area.
The Planning Commission recommended approval of the request.
FISCAL IMPACT
No fiscal impact is anticipated.
The staff supports the recommendation of the Planning Commission.
5.7. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No.
2007-00009 Consider budget ordinance Amendment No. 5 amending the
FY 2006-07 budget respecting the Grant Fund, Solid Waste Fund, Capital
Improvement Program; Establishing Civil Service classifications and
positions; and providing for a savings clause.
ORDINANCE NO. 2007-00009
AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GRANT FUND; (2) SOLID WASTE FUND; AND
(3) CAPITAL IMPROVEMENT PROGRAM; ESTABLISHING CIVIL SERVICE
CLASSIFICATIONS AND POSITIONS; AND PROVING FOR A SAVINGS CLAUSE.
WHEREAS, Section 102.010 of the Local Government Code of the State of Texas
authorizes the City Council to make changes in the budget for municipal purposes; and
WHEREAS, in accordance with the City Budget Ordinance the City Council shall
approve all transfers between funds and departments; and
WHEREAS, the City Council deems it advisable to change the FY 2006-07 Budget
for municipal purposes and reallocate funds as follows; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock hereby approves
changes to the City of Lubbock Budget FY 2006-07 (Budget Amendment #5) for
municipal purposes, as follows:
1. Accept and appropriate grant funds to the Public HealthBioterrorism
Preparedness grant (#81049) in the amount of $295,824 through the Texas
Department of State Health Services for continued planning and capacity
building activities related to Pandemic Influenza, Bioterrorism and other
potential Public Health Emergencies, with estimated grant revenue increased
accordingly.
2. Amend the Adopted FY 2006-07 Solid Waste Operating Budget by
appropriating $50,000 of Solid Waste Fund Balance to the Solid Waste
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Regular City Council Meeting
January 25, 2007
Operating Budget for the construction of a security fence at the Municipal Drive
Fleet operations and Solid Waste Facility.
3. Amend the Adopted FY 2006-07 through FY 2010-11 Capital Improvement
Program, North Overton TIF Capital Improvement Projects, by appropriating
$2,451,960 of Certificate of Obligation bonds as outlined in Attachment "A".
SECTION 2. THAT in accordance with Section 7-34 of the Code of Ordinances
of the City of Lubbock, the civil service classifications and positions as hereby established
by Ordinance set forth in the 2006-07 fiscal year budget, as amended hereby, and expressly
� made a part of said 2006-07 fiscal year budget, as attached hereto as Attachment "B".
SECTION 3 THAT a copy of the changes made to the City of Lubbock Budget
pursuant to this Ordinance shall be filed with the City Secretary and County Clerk of
Lubbock as required by law.
SECTION 4. THAT should any section, paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
1. Accept and appropriate a contract amendment to the Public
HealthBioterrorism Preparedness grant (#81049) in the amount of
$295,824 through the Texas Department of State Health Services for
continued planning and capacity building activities related to Pandemic
Influenza, Bioterrorism and other potential Public Health Emergencies. This
contract amendment includes the remainder of the base funding for Public
Health Preparedness for FY 2006-07 in the amount of $157,341, and also
includes the second round of funding for Pandemic Influenza planning in
the amount of $138,483, with estimated grant revenues increased
accordingly.
2. Appropriate $50,000 of Solid Waste Fund Balance to protect City assets by
constructing a security fence at the Fleet operations and Solid Waste
�,,.,, Facility on Municipal Drive. This recommendation is consistent with the
Internal Auditor's recommendation following the annual Septernber 30
inventory count.
3. Amend North Overton TIF Capital Improvement Projects as outlined in
Attachment A. Overall increase of $2.45 million to be funded with
Certificate of Obligation bonds.
4. Approve the required Civil Service positions as referenced in Attachment B
as required by Civil Service Code and as originally adopted in the FY 2006-
07 Operating Budget. Included in this table for the Police Department is the
reclassification of six positions from the rank of Police Officer to three
corporals and three sergeants. This will allow the Police Department to
provide command staffing for the recently hired Police Officers.
FISCAL IMPACT
Included in item summary.
Staff recommended approval if the second reading of this ordinance.
5.8. This item was passed in the consent agenda and then reconsidered in
regular agenda following Item 5.9.
5.9. This item was moved from consent agenda to regular agenda and
considered following Item 5.24.
�
5.10. This item was moved from consent agenda to regular agenda and
considered following Item 5.8.
5.11. Interlocal Agreement Resolution - Information Technology: Resolution
No. 2007-R0023 authorizing the Mayor to execute an Interlocal Agreement
with Lubbock-Cooper Independent School District (CISD) adding the
CISD Police to the City's 800MI3z Radio System.
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Regular City Council Meeting
January 25, 2007
RESOLUTION NO. 2007-R0023
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for an 800
MHz trunked radio system, by and between the City of Lubbock and Lubbock-Cooper
Independent School District, and related documents. Said Agreement is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of January, 2007.
/slDavid A. Miller
David. A. Miller, Mayor
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Mark Yearwood
Mark Yearwood, Assistant City Manager/
Chief Information Officer
APPROVED AS TO FORM:
/s/Amv L. Sims
Amy L. Sims, Assistant City Attorney
The City installed an 800MHz Radio System in 1995 that supplies
communications to the City's Public Works and Public Safety Departments,
Lubbock County Sheriff s Department, Emergency Medical Services (EMS),
Red Cross, and Lubbock Independent School District.
Lubbock-Cooper Independent School District (CISD) Police needs to
communicate with other Public Safety Agencies and is requesting to subscribe
to the City's radio system and to purchase five radios. This will enhance
communications within CISD's Police Department as well as other public safety
agencies.
FISCAL IMPACT
This agreement will add five radios to Radio Shop system, and will increase
estimated revenue to the Radio Fund by $1,630 annually.
Staff recommended approval of this resolution.
5.12. Memorandum of Understanding Resolution - City Manager: Resolution
No. 2007-R0024 authorizing the Mayor to execute a Memorandum of
Understanding defming roles and responsibiGties of the City of Lubbock
and the Lubbock Metropolitan Planning Organization.
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Regular City Council Meeting
January 25, 2007
RESOLUTION NO. 2007—R0024
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 the behalf of the City of Lubbock a Memorandum of Understanding
between the City of Lubbock and the LMPO, defining the roles and responsibilities of each
with respect to the other, and other related documents. Said Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
,d:.r
The Lubbock Metropolitan Planning Organization (MPO) and the City of
Lubbock currently have a Memorandum of Understanding outlining the roles
and responsibilities of each entity as they relate to the Lubbock MPO. The
Memorandum of Understanding has been reviewed and updated to codify
current operating procedures between the City and the Lubbock MPO.
The Lubbock MPO is the organization that is responsible for the cooperative,
comprehensive, and continuing transportation planning process for the Lubbock
metropolitan area. MPOs are required by federal law to be established within
urban areas that have a population of 50,000 or greater (U.S. Title 23 as
amended by the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users.
MPOs are governed by a Transportation Policy Committee. The committee for
the Lubbock MPO includes representatives from the City of Lubbock, City of
Wolfforth, Lubbock County, the Texas Department of Transportation, and
Citibus.
The purpose of this Memorandum of Understanding is to define the fiscal,
personnel, and property management roles and responsibilities between the
MPO and the City.
The Lubbock MPO Transportation Policy Committee recommended approval
�"` of the Memorandum of Understanding.
FISCAL IIVIPACT
The "soft" cost of providing administrative services is budgeted as part of the
Adopted FY 2006-07 Operating Budget. The MPO pays the full cost of the
internal services in which they participate.
Staff supports the recommendation of the Lubbock MPO Transportation Policy
Committee and recommended approval of this resolution.
5.13. Property Insurance Ratification Resolution - Risk Management:
Resolution No. 2007-R0025 ratifying the purchase of property insurance
coverage for Montford Dam from ACE Fire Underwriters Insurance
Company.
RESOLUTION NO. 2007-R0025
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 ratify the agreement between the City of Lubbock and ACE Fire Underwriters Insurance
Company for the purchase of $50,000,000 in property insurance coverage for Montford
Dam, in a total amount not to exceed $144,506; and
THAT THE City Manager or designee may execute any routine documents
�"` and forms associated with said insurance coverage.
The City's Broker of Record solicited quotations from various insurance
companies that either could not support the entire policy, or were not interested
because of the specialized nature of the insured item, the Montford Dam.
ACE Fire Underwriters Insurance Company provided a renewal quote at the
same rate as the expiring policy. The total value of the Montford Dam with all
improvements was increased by 3.7% to $71,677,440 as an inflationary
adjustment for cost of materials and labor. Therefore, the premium for $50
million in property coverage insurance is also up by 3.7% from $131,369 to
$144,506. The broker was also able to negotiate a flat $2 million per occurrence
69
Regular City Council Meeting
January 25, 2007
deductible which is improved from the 5% wind and flood deductible on the
expiring policy.
FISCAL IMPACT
Cost of the premium will be paid from the Water Utilities Enterprise Fund and
is budgeted in the Adopted FY 2006-07 Operating Budget.
Staff recommended approval of this resolution.
5.14. This item was moved from consent agenda to regular agenda and
considered following Item 5.10.
5.15. Contract Resolution - Emergency Management: Resolution No. 2007-
R0026 authorizing the Mayor to execute a purchase order contract with
Aluma Tower Company for a regional portable radio mobile crank-up
tower, RFP 06-092-RW.
RESOLUTION NO. 2007-R0026
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Purchase Order Contract and any associated documents with Aluma Tower
Company, Inc., of Vero Beach, Florida, for a 75-foot portable crank-up aluminum tower,
which Purchase Order Contract and any associated documents are attached hereto as
Exhibit A and made a part hereof for all intents and purposes.
This item is for the purchase of a 75-foot trailer mounted aluminum crank-up
tower to be used in conjunction with the Regional Mobile Command Vehicle.
The mobile tower is being purchased with Homeland Security funds and will
enhance the City's response to our region and assist in meeting interoperability
requirements from the State of Texas.
The evaluation committee used the basic evaluation methods in the City
Purchasing Department's Evaluation Procedures for High Technology
Procurement. The evaluation criteria in the RFP included: 1) price of
equipment and parts (50%), 2) vendor qualification and experience (25%), and
3) delivery time (25%). Proposals were received from the following firms and
were ranked as follows:
Aluma Tower Company, Inc. of Vero Beach, FL 95
BearCom Operating LP of Dallas, TX 85
FISCAL IMPACT
$48,975 is available for this purchase through the Homeland Security Grant
Program.
Staff recommended contract award to Aluma Tower Company of Vero Beach,
Florida for $48,975.
5.16. Contract Resolution - Business Development: ResoluNon No. 2007-R0027
authorizing the Mayor to execute a settlement agreement between Frito
Lay, Inc. and Market Lubbock Inc. to resolve and settle the incentive
payback commitments made to the City of Lubbock and Market Lubbock
Inc. on December 19, 2002.
RESOLUTION NO. 2007-R0027
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 Settlement
Agreement with Frito Lay, Inc. and Market Lubbock Economic Development
Corporation, dba Market Lubbock, Inc. to resolve and settle the incentive payback
commitments made to the City and to Market Lubbock, Inc. in the December,
2002, three-party agreement and all related documents. Said Settlement Agreement
is attached hereto and incorporated in this Resolution as if fully set forth herein and
shall be included in the minutes of the Council.
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Regular City Council Meeting
January 25, 2007
On December 19, 2002, the City of Lubbock, Market Lubbock, Inc. and Frito
Lay, Inc. entered into an incentive agreement, in which Frito Lay agreed to
invest $6 million in facility upgrades, including $2.5 million for the installation
of a wastewater primary clarifier system, and to maintain an annual payroll of
$9.5 million at the Lubbock plant from January 1, 2003 to January 1, 2010.
In this agreement, Market Lubbock agreed to provide economic development
grants to Frito Lay as a job retention incentive and the City agreed to grant tax
abatement and to provide Frito Lay with credits for wastewater surcharges in
� 2002, 2003, and 2004 to be applied against Frito Lay's annual bill for
wastewater discharge. In this agreement, Frito Lay agreed that if they failed to
maintain the agreed upon annual payroll of $9.5 million until January 1, 2010,
that Frito Lay would pay the City $13.18 for every $1,000 that the annual
payroll was less than the agreed payroll.
Frito Lay closed the Lubbock plant on December 15, 2006 and will not be able
to maintain the payroll to which they agreed in 2002. The City and Frito Lay
would like to resolve and settle the incentive and payback commitments made
to the City by Frito Lay in the 2002 agreement by:
• Allowing the estimated payroll that will be generated by the new
manufacturing operation that will occupy the Frito Lay manufacturing facility
to be used to pay down the commihnent of Frito Lay in the 2002 agreement.
• Frito Lay will pay to the City $171,224 with the signing of the agreement.
This is the difference in the average estimated annual payroll to be generated
by the new company over the three year period and the amount of the annual
payroll commitment by Frito Lay in the 2002 agreement.
With this contract, the City agrees to accept the $171,224 in satisfaction of all
remedies and recapture penalties for noncompliance with the December 21,
2002, wastewater system agreement and the November 26, 2002 tax abatement
agreement.
�
i FISCAL IMPACT
The $171,224 will be returned to the Wastewater and Water Funds balance.
Staff recommended approval of the contract.
5.17. Contract Resolution - Finance: Resolution No. 2007-R0028 authorizing the
Mayor to execute a contract with Dannenbaum Engineering Corporation
to provide professional services for Pass-Through Financing negotiations
with TxDOT.
RESOLUTION NO. 2007-R0028
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, an Agreement between the City of
Lubbock and Dannenbaum Engineering Company — Fort Worth, LLC for professional
services, and all related documents. Said Agreement is attached hereto and incorporated in
this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
This contract will engage Dannenbaum Engineering to perform engineering
services for the purposed of preparing a detailed preliminary construction cost
estimate to construct previously approved roadway improvements as part of the
""`" Northwest �assage. They will also assist the City in preparing the Pass-Through
Financing Agreement documents. This will include meeting attendance and
coordination with the City along with assistance in the preparation of the
Agreement attachments. Dannenbaum will provide consultation, advice, and
assistance to the City in negotiating the Agreement with TxDOT.
Pass-Through Financing is a TxDOT program enabled by House Bill 3588 and
is a new financing tool the state created to allow local communities to fund
upfront costs for building a state highway project. The state partially reimburses
the community over time by paying a fee for each vehicle that drives on the
new highway. On December 14, 2006, the TxDOT Commission approved a
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Regular City Council Meeting
January 25, 2007
resolution allowing TxDOT to enter into negotiations with the City on a Pass-
Through Financing Program that includes the following regional highway
improvements:
I. Widen Loop 289 to six lanes from Frankford Avenue to U.S. 84. Lanes will
be 12 feet in width and will be divided by a concrete traffic barrier. The
project will also include the addition of entrance and exit ramps as well as
modification to the existing ramps to better accommodate traffic patterns.
II. Widen 4th Street (FM 2255) under Loop 289 from four lanes to six lanes
with left turn lanes, continuing that section on both sides of Loop 289. The
project includes the construction of a new bridge on Loop 289 to
accommodate the additional lanes.
III. Construct a new grade separated interchange that will allow Erskine Street
to pass under Loop 289 and the traffic patterns in this area to be improved
with additional modifications.
This program allows local communities to finance and complete transportation
projects faster than the traditional state program could accomplish. This
program benefits the community by receiving funds from the state as travelers
use the new project. If use of the facility is high, the state will repay at a faster
rate. If traffic is lower than projected, repayment will occur over a longer
period. Either way, the state pays for a portion of the project.
Benefits of this program include:
a) Pass-through toll financing speeds up transportation project construction by
allowing local communities to fund their own projects, knowing they will
be partially reimbursed by TxDOT.
b) Reimbursements are made based on use of the project. However, if traffic
volume is less than projected, the term of the agreement will be extended
until reimbursement is made.
c) Reimbursements can be for more than the current project estimate if
TxDOT determines that there will be a financial benefit to the state by
building a project sooner.
d) If a project comes in under budget, the project developer is not required to
repay TxDOT the difference between the actual costs and the amount of the
designated agreement.
FISCAL IMPACT
The fee for this service is not to exceed $64,952 and can be included in the total
project cost that is eligible for reimbursement. The current estimated cost of
completing the eligible on-system improvements is approximately $90 million.
This figure includes construction, engineering, construction supervision, and
right-of-way costs. All costs are eligible for reimbursement with the exception
of right-of-way. Immediate funding for this contract will be through the
Gateway Streets Fund.
Staff recommended approval of this resolution.
5.18. This item was moved from consent agenda to regular agenda and
considered following Item 5.14.
5.19. Contract Resolutions - Solid Waste: Resolution No. 2007-R0029;
Resolution No. 2007-R0030 authorizing the Mayor to execute letter
agreements with Commercial Metals and Jarvis Metals for the sale of
scrap metal generated at various municipal facilities, BID 06-076-RW.
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RESOLUTION NO. 2007-R0029
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Letter Agreement and any associated documents with Commercial Metal of
Lubbock, Texas, for the sale of scrap metal — annual pricing (ITB 06-076-RW), which
Letter Agreement and any associated documents are attached hereto as Exhibit A and made
a part hereof for all intents and purposes.
�
RESOLUTION NO. 2007-R0030
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Letter Agreement and any associated documents with Jarvis Metals Recycling,
Inc., of Lubbock, Texas, for the sale of scrap metal — annual pricing (ITB 06-076-RW),
which Letter Agreement and any associated documents are attached hereto as Exhibit A
and made a part hereof for all intents and purposes.
This contract establishes annual pricing for the sale of ferrous and non-ferrous
scrap metal accumulated at citizen drop-off stations, landfills, and the Central
Warehouse. Items include kitchen appliances, water meters, copper wire, old
light poles, aluminum, and tin cans. Bid prices are quoted for various categories
of scrap metal as a fixed amount either above or below the Consumer Buying
Price High of the Houston market price as quoted in the American Metal
Market on the date of delivery. In order to ensure adequate coverage for remote
locations, the City solicited all-or-none bids as follows:
• Scrap metal delivered to the contractor's yard from the West Texas Disposal
Facility at 17304 North FM 2528.
• Scrap metal picked up by the contractor from the City Warehouse at 306
Municipal Drive.
� • Scrap metal delivered by the City to the contractor from the Southside Drop-
off at 1631 84th Street.
In determining the highest revenue offered for scrap metal delivered by the City
to the contractor from locations within the city limits and from the West Texas
Regional Disposal Facility, the location of the contractor's facility affects
transportation costs. For evaluation purposes, the bids were tabulated using a
distance factor of $3 per loaded mile (one way), with an average load of five
tons, and using the Consumer Buying Price as quoted in the American Metal
Market in effect on the close date of the bid. The distance factor was deducted
from the amount of revenue bid as the cost of delivering the materials to the
contractor. The bid tabulation is provided.
Bid award for scrap metal picked up by the Contractor is based on the best net
revenue andlor least cost to the City. For evaluation purposes, the bids were
tabulated using the Consumer Buying Price as quoted in the American Metal
Market in effect on the close date of the bid. The bid tabulation is provided.
FISCAL IMPACT
Sale of scrap metal is a revenue source for departments that generate,
accumulate, and recycle scrap metal. The actual revenue amount will depend
on the quantity of scrap metal and the Consumer Buying Price on the date of
delivery.
� Staff recommended bid award to Commercial Metals of Lubbock, Texas for the
sale of scrap metal delivered to the contractor's yard from the West Texas
Disposal Facility and the sale of scrap metal picked up by the contractor from
the City Warehouse, and bid award to Jarvis Metals of Lubbock, Texas for the
sale of scrap metal delivered by the City to the contractor from the Southside
Drop-off.
5.20. Contract Resolution - Traffic: Resolution No. 2007-R0031 authorizing the
Mayor to execute an agreement with Texas Department of Transportation
for furnishing and installing traffic signal equipment for the Marsha Sharp
Freeway Phase 3-B (Chicago to Salem).
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January 25, 2007
RESOLUTION NO. 2007-R0031
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute an Agreement by and between the City of
Lubbock and the Texas Department of Transportation for Furnishing and Installing of
Traffic Signal Equipment by a Municipality for U.S. 62/82 (Marsha Sharp Freeway)
within the City of Lubbock, which Agreement and any associated documents are
attached hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 25�' day of January, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeryl D. Hart
Jeryl D. Hart, Jr., P.E., City Traffic Engineer
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
This agreement will create a force account with TxDOT to pay the City for
furnishing traffic signal equipment for temporary and permanent traffic signals
between Chicago Avenue and Salem Avenue for the construction of Marsha
Sharp Freeway Phase 3-B. This agreement will fund the cost of keeping the
traffic signals coordinated during all phases of the construction. It also allows
the traffic signal equipment at the Marsha Sharp Freeway to be fully integrated
into the City's traffic signal system.
FISCAL IMPACT
The $99,591 cost of this project will be funded through the revenue from this
agreement. TxDOT will fully fund this project.
Staff recommended approval of this resolution.
5.21. This item was moved from consent agenda to regular agenda and
considered following Item 5.18.
5.22. Contract Amendment Resolution - Health: Resolution No. 2007-R0032
authorizing the Mayor to execute Contract Amendment No. 003A to
Contract No. 2007-021282 (Legacy Contract No. 7560005906-2007-03) with
the Texas Department of State Health Services for funding a Health
Outreach Position.
RESOLUTION NO. 2007-R0032
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Amendment No. 003A to Contract
No. 2007-021282 (Legacy Contract No. 7560005906-2007-03) with the Texas Deparhnent
of State Health Services and any associated documents for funding a Health Outreach
Position, a copy of which Amendment and any associated documents are attached hereto
and which shall be spread upon the minutes of this Council and as spread upon the minutes
of this Council shall constitute and be a part hereof as if fully copied herein in detail.
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Regular City Council Meeting
January 25, 2007
Passed by the City Council this 25`� day of January, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
This contract amends Legacy Contract No. 7560005906-2007-03 between the
City of Lubbock Health Departrnent and the Department of State Health
Services (DSHS) originally approved by Council on September 13, 2006, with
Resolution No. 2006-R0438. The current contract No. 2007-021282 replaces
the Legacy Contract No. 7560005906-2007-03. This amendment adds
additional funds to implement innovative immunization promotion strategies
and to fund one full-time employee ImmTrac/PICS Outreach Specialist staff.
,�— A partial listing of the new activities associated with the additional
ImmTrac/PICS Outreach Specialist staff includes:
• Increase vaccination coverage levels among children 19 through 35 months of
age in the Lubbock service areas from the level measured by the DSHS and
reported to be 21 %.
• Transition 100% of enrolled Texas Vaccine for Children (TVFC) providers to
the Pharmacy Inventory Control System (PICS) according to the schedule
provided by the DSHS Program.
• Present ImmTrac information to providers, schools, and other community
groups.
The contract term and the budget period is September 1, 2006 through August
31, 2007.
FISCAL IMPACT
The amended contract amount of $198,485 is $60,221 more than originally
budgeted. The additional funds will support the full cost of one additional grant
funded full-time employee.
Staff recommended approval resolution.
5.23. Contract Amendment Resolution - Health: Resolution No. 2007-R0033
r� authorizing the Mayor to execute Contract Amendment No. 10 to Contract
No. 7560005906 2006 with the Texas Department of State Health Services
for funding bioterrorism and public health preparedness.
RESOLUTION NO. 2007-R0033
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Amendment No. 10 to Contract No.
7560005906-2006 with the Texas Department of State Health Services and any associated
documents for funding bioterrorism and public health preparedness, a copy of which
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Regular City Council Meeting
January 25, 2007
Amendment and any associated documents are attached hereto and which shall be spread
upon the minutes of this Council and as spread upon the minutes of this Council shall
constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 25�' day of January , 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommv Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
Council last amended the CPS-Bioterrorism Preparedness contract on
September 13, 2006, with Resolution No. 2006-R0436. The past contract
amendment increased the total amount by $174,659 to a total of $642,605 and
extended the term of the contract from December 31, 2006 to August 31, 2007.
Amendment No. 10 increases the contract by $295,824 to a new total of
$938,429 by adding Round 2 of Pandemic Flu Program ($138,483) and the
remainder of the base funding for Public Health Preparedness Program for FY
2006-07 ($157,341) to the contract. The budget period ending remains the same
through August 31, 2007.
The additional funding provides salary and benefits for six existing full-time
positions, provides funds for training and travel, supplies, contractual funding
for a pharmacist, and other expenses. One of the six funded positions (Strategic
National Stockpile Planner) is currently vacant and can now be filled with the
funding issues resolved.
A copy of the approved FY 2007-2010 Local Public Health Emergency
Preparedness Workplan is attached (Exhibit B). A copy of the Project Period
Pandemic Influenza Workplan for FY 2007-2009 is also attached (Exhibit C).
This program will assist Lubbock's efforts in developing a bioterrorism
preparedness plan that addresses selected focus areas and the required critical
capabilities. The focus areas or major outcomes being addressed in FY 07
include all hazards planning, information collection and threat recognition,
laboratory testing, health intelligence integration and analysis, public health
epidemiological investigations, emergency response communications,
emergency public information, responder health safety, isolation and
quarantine, mass prophylaxis and vaccination, medical surge, mass care,
environmental health, economic and community recovery, and planning.
Bioterrorism Preparedness is one of the essential public health services that no �
other entity in Lubbock can provide. Essential public health services are �
population-based and are geared towards protecting the health of the public as a
whole. Bioterrorism preparedness activities aze public health efforts and are not
health services for the needy or other select groups of people—they serve
everyone and benefit the whole population. Essential public health services, or
the lack of it, have the potential to affect every single person in Lubbock and
Texas.
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Regular City Council Meeting
January 25, 2007
FISCAL IMPACT
Change No. 10 increases the contract by $295,824 to a new total of $938,429
by adding Round 2 of Pandemic Flu Program ($138,483) and the remainder of
the base funding for Public Health Preparedness Program for FY 2006-07
($157,341) to the contract. There is no anticipated impact to the General Fund.
Staff recommended approval of this resolution.
5.24. Contract Amendment Resolution - Airport: Resolution No. 2007-R0034
� authorizing the Mayor to execute Change Order No. 1 to a contract with
Duininck Brothers, Inc. for additional work on the Airport Terminal
Parking Lot Renovation project.
RESOLUTION NO. 2007-R0034
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Change Order No. 1 to Contract #0S-061-
BM entered into by and between the City of Lubbock and Duininck Brothers, Inc., for
a cost reduction in the Taxiway Lima project at Preston Smith International Airport,
which Change Order No. 1 and any associated documents, are attached hereto and
made a part of this Resolution for all intents and purposes.
Passed by the City Council this 25`� day of January , 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
n�--
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis
Assistant City Manager/Transportation and Public Works
APPROVED AS TO FOitM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
Except for a few final punch list items still under construction, the Parking Lot
Renovation project is finished and operations are back to normal. As with any
major construction project, during the course of construction, bid quantities
change and additional work items become apparent. A change order is the
accepted methodology to accommodate these changes.
Change Order No. 1 contemplates four action items which are detailed below:
1. Presents final constructed quantity adjustments for all bid items. In that
'"M regard, the project will have a$21,341.40 credit on Base Bid changes and a
$42,273 credit on all Alternate Bid changes for a total savings to the project
of $63,614.40.
2. Assesses liquidated damages accumulated during each phase of
construction. $107,100 has accrued to the project as a result of these
changes.
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Regular City Council Meeting
January 25, 2007
3. Authorizes additional work items. The additional work includes:
Truss extension @ exit 1& 2
Installation of wheel stops
Chain link fence removal
Additional pipe rail fence
Stairwell replacement @ covered parking
Stucco @ exit booths
Substitute 10' barrier for 30' barrier
8 additional loop detectors
3 additional safety bollards
Repair damaged pipe rail
Replace vault lid
TOTAL ADDITIONAL WORK ITEMS
$3,000
2,458
7,425
35,700
60,000
10,000
4,750
4,800
1,800
1,100
1,127
$132,160
4. Releases all the retainage that has been withheld on all work items that have
been satisfactorily completed prior to final payment. Retainage equal to the
value of all outstanding work of $2,000 to be completed will continue to be
withheld until the work is complete.
In summary, the proposed Change Order No. 1 authorizes additional work on
the Parking Lot project. It also funds the additional work with savings that
resulted from final adjusted bid quantities and liquidated damages that accrued
to the project and returns a net savings to the project of $38,554.40. The time
allowed to complete the additional work is 120 days and liquidated damages for
the additional work are specified at $776 per day for each day beyond the
allotted 120 days.
FISCAL IMPACT
Change order no. 1 will result in a$38,554 savings in Capital Project 90403,
Terminal Parking Lot Renovation.
The Airport Board and staff recommended approval of this resolution.
5.25. This item was moved from consent agenda to regular agenda and
considered following Item 5.21.
6. REGULAR AGENDA (continued)
Note: Regular Agenda items and Consent Agenda items moved to Regular
Agenda are listed in the order they were addressed (Items 5.9, 5.8, 5.10,
5.14, 5.18, 5.21, 5.25, 6.2-6.6).
5.9. Reimbursement Resolution - Finance: Resolution No. 2007-R0035
expressing intent to finance expenditures to be incurred.
RESOLUTION NO. 2007-R0035 EXPRESSING INTENT TO
FINANCE EXPENDITURES TO BE INCURRED
WHEREAS, the City of Lubbock, Texas (the "Issuer") is a political subdivision of
the State of Texas authorized to finance its activities by issuing obligations the interest on
which is excludable from gross income for federal income tax purposes ("tax-exempt
obligations") pursuant to Section 103 of the Internal Revenue Code of 1986, as amended
(the "Code");
WHEREAS, the Issuer will make, or has made not more than 60 days prior to the
date hereof, payments with respect to the acquisition, construction, reconstruction or
renovation of the property listed on Exhibit A attached hereto;
WHEREAS, the Issuer has concluded that it does not currently desire to issue tax-
exempt obligations to finance the costs associated with the property listed on Exhibit A
attached hereto;
WHEREAS, the Issuer desires to reimburse itself for the costs associated with the
property listed on Exhibit A attached hereto from the proceeds of tax-exempt obligations to
be issued subsequent to the date hereof; and
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Regular City Council Meeting
January 25, 2007
WHEREAS, the Issuer reasonably expects to issue tax-exempt obligations to
reimburse itself for the costs associated with the property listed on Exhibit A attached
hereto.
NOW, THEREFORE, be it resolved that:
Section 1. The Issuer reasonably expects to reimburse itself for all costs that have
been or will be paid subsequent to the date that is 60 days prior to the date hereof and that
are to be paid in connection with the acquisition, construction, reconstruction or renovation
of the property listed on Exhibit A attached hereto from the proceeds of tax-exempt
°�' obligations to be issued subsequent to the date hereof.
Section 2. The Issuer reasonably expects that the maximum principal amount of
tax-exempt obligations issued to reimburse the Issuer for the costs associated with the
property listed on Exhibit A attached hereto will not exceed $63,000,000.
ADOPTED THIS 25`� day of January, 2007, by the City Council of the City of Lubbock,
Texas.
CITY OF LUBBOCK, TEXAS
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
�
Isl Jennifer Taffe �
Jennifer Webster Taffe, Attorney
Vinson &Elkins, Attorneys at Law
APPROVED AS TO CONTENT:
/s/ Jeffrey A. Yates
Jeff Yates, Chief Financial Officer
It is anticipated that the City will issue bonds in late spring/early summer 2007
to fund various projects that were identified by the Citizens Advisory
Committee in association with the bond election that was approved by Lubbock
voters in May 2004. The projects that will be included in this bond issuance
have been approved by the City Council in the FY 2006-07 Capital
Improvement Program Budget. These projects are identified on E�chibit A.
It is also anticipated that the City will issue bonds in late spring/early summer
2007 to fund various projects that were approved by the City Council in the FY
�, 2006-07 Capital Improvement Program Budget. These projects are listed on
Exhibit B.
For authorized construction projects, there may be design and engineering costs
incurred prior to delivery of the bond proceeds in order that the projects may be
completed within prescribed timeframes. The City must declare its intent to
reimburse bond-funded construction costs that are incurred prior to the bond
issuance for the costs to be eligible for reimbursement with bond proceeds.
FISCAL IMPACT
This resolution allows reimbursement of authorized costs incurred in advance
of the bond issuance in order that the projects may be completed within
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Regular City Council Meeting
January 25, 2007
prescribed timeframes. The total amount of projects to be funded by general
obligation bonds is $7,019,000 and the total amount of projects to be funded by
certificates of obligation is $55,654,198.
Staff recommended approval of this resolution.
Lee Ann Dumbauld, City Manager, and Jeff Yates, Chief Financial Officer,
gave comments and answered questions from Council.
Motion was made by Council Member Jones, seconded by Council Member
Price to pass Resolution No. 2006-R0035 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
At this time, motion was made by Council Member Leonard, seconded by
Mayor Pro Tem Gilbreath to reconsider Item 5.8, which had been approved as
part of consent agenda. Motion carried: 7 Ayes, 0 Nays.
5.8. Master Lease Resolution - Finance: Resolution No. 2007-R0036 approving
equipment to be purchased as part of the Master Lease Program for FY
2006-07.
RESOLUTION NO. 2007-R0036
WHEREAS, the City Council of the City of Lubbock, pwsuant to that certain
Resolution No. 2006-R0614 (the "Original Resolution"), dated December 19, 2006,
authorized and approved the equipment and property to be purchased as part of the City of
Lubbock's Master Lease Program budgeted for the FY 2006-07 Operating Budget, as
described therein;
WHEREAS, by Resolution No. 2007-R0001 (the "First Amended Resolution),
dated January 12, 2007, the City of Lubbock amended the property to be purchased under
the Master Lease Program, as set forth in the Original Resolution, by adding property and
equipment, as described therein;
WHEREAS, it has come to the attention of the City Council of the City of Lubbock
that, in addition to the property described in the Original Resolution and the First Amended
Resolution, additional property and equipment than that described in the Original
Resolution and the First Amended Resolution, is now in need of being purchased as part of
the City of Lubbock's Master Lease Program for the FY 2006-07 Operating Budget; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the equipment and property described on Exhibit "A", attached hereto and
made a part hereof for all purposes and intents, shall be added to the property and
equipment to be purchased as part of the Master Lease Program budgeted for the FY 2006-
07 Operating Budget, and the Original Resolution, as amended by the First Amended
Resolution, shall be amended to reflect such addition.
Except as otherwise amended herein, the Original Resolution, as amended by the
First Amended Resolution, shall remain valid and effective as originally provided.
U
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Regular City Council Meeting
January 25, 2007
Passed by the City Council this 25th day of January, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
r-* Is1 Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Isl Jeffrey A. Yates
Jeffrey A. Yates, Chief Financial Officer
APPROVED AS TO FORM:
Isf Richard Casner
Richard K. Casner, First Assistant City Attorney
Master Lease payments were approved in the FY 2006-07 Operating Budget.
The list of equipment on Exhibit A will be purchased through the Master Lease
agreement with Banc of America. The Master Lease Program allows the City to
amortize the cost of equipment over the life of the equipment at a favorable
interest rate.
This resolution will approve the list of equipment shown on Exhibit A.
FISCAL IMPACT
The lease payments are included in the Adopted FY 2006-07 Operating Budget.
'� Staff recommended approval of this resolution.
Lee Ann Dumbauld, City Manager; Jeff Yates, Chief Financial Officer; Mark
Yearwood, Assistant City Manager; Andy Burcham, Fiscal Policy and Strategic
Planning Director; Victor Kilman, Director of General Services; Dale Holton,
Assistant Police Chief; and Leslie Cox, Communications Analyst, gave
comments and answered questions from Council.
Council Member Price asked to be provided with detailed specifications for the
LP&L trucks. Mayor Miller asked that Council be updated quarterly, once �he
vehicles have been purchased, on the actual amounts spent.
Motion was made by Council Member Leonard, seconded by Council Member
DeLeon to pass Resolution No. 2006-R0036 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.10. Lease Agreement Resolution - Health Benefits: Resolution No. 2007-
R0037 authorizing the Mayor to execute an agreement with Covenant
Health System to lease a health clinic facility located at 3620 I-27,
Lubbock, Texas, to be used for the City of Lubbock on-site clinic.
RESOLUTION NO. 2007-R0037
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 Lease Agreement with Covenant
Health System for a designated area of a health clinic facility located at 3620 I-27 of
Lubbock, Texas, to be used in connection with the City of Lubbock's On-site Clinic, said
Lease Agreement being attached hereto and incorporated as part of this resolution, and
further authorizing the City Manager to execute any documents related to the Lease
Agreement as necessary.
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Regular City Council Meeting
January 25, 2007
Passed by the City Council this 25�' day of January, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Leisa Hutcheson
Leisa Hutcheson, Risk Manager
APPROVED AS TO FORM:
/s/D.MitchellSatterwhite
D. Mitchell Satterwhite, Assistant City Attorney
The City entered into an agreement with Covenant Medical Group and
Covenant Health System to operate a City of Lubbock on-site clinic for use by
members of the City's health care plan. Pursuant to the agreement, the City is
required to provide an appropriate location for the operation of the clinic. The
City was unable to obtain the lease at the 1606 Avenue N clinic location and
needs to provide an alternate location.
Covenant Health System is the owner of a health clinic located at 3620 I-27 and
desires to lease 1,368 square feet of the clinic to the City for the purpose of
operating the City of Lubbock on-site clinic. The cost of the lease is $18.80 per
square foot per year which is equivalent to $2,143.20 per month and $25,718.40
annually. This rate includes cost of utilities, janitorial services, interior and
exterior maintenance, and insurance.
The location of this lease is convenient for members of the City's health plan.
FISCAL IMPACT
The annual cost of the lease is $25,718. Funds are budgeted and available in
the Adopted FY 2006-07 Health Benefits Operating Budget.
Staff recommended approval of this resolution.
Lee Ann Dumbauld, City Manager, and Jeff Yates, Chief Financial Officer,
gave comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0037 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.14. Contract Resolution - Emergency Management: Resolution No. 2007-
R0038 authorizing the Mayor to execute a Memorandum of Understanding
with Lubbock County and Lubbock Hospital District to hire a consultant
as it relates to a combined communications center.
RESOLUTION NO. 2007-R0038
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 Memorandum of Understanding to
hire a consultant, by and between the City of Lubbock and the County of Lubbock and the
Lubbock Hospital District, and related documents. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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Regulax City Council Meeting
January 25, 2007
Passed by the City Council this 25�' day of January, 2007.
Isl David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
�' Isl Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
fsl Kevin W. Overstreet
Kevin W. Overstreet
Emergency Management Coordinator
APPROVED AS TO FORM:
Isl Am Sims
Amy L. Sims, Assistant City Attorney
This resolution authorizes the City to partner with the County and the Hospital
District to hire a consultant to explore options of combining resources in order
to establish and maintain a combined communications center for greater
efficiency, the elimination of service duplications, greater cost savings, and
better use of new technology.
FISCAL IMPACT
,� The consultant will be hired jointly by the City, Lubbock County, and Lubbock
Hospital District. The City will fund 50%, with the County and Lubbock
Hospital District each funding 25%. The total estimated contract amount will be
$100,000 with the City's estimated contribution of $50,000. The City's
contribution will be funded through the MMRS grant.
Staff recommended approval of this resolution.
Kevin Overstreet, Emergency Operations Center Director; Lee Ann Dumbauld,
City Manager; Bill McCay, Lubbock County Commissioner, Precinct 1; Dale
Holton, Assistant Police Chief; Rhea Cooper, Interim Fire Chief; Paul
Scazborough, Lubbock County Sheriff-Chief Deputy; and John Geist, Vice
President of Corporate Compliance at University Medical Center, gave
comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2006-R0038 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.18. Contract Resolution - Public Information: Resolution No. 2007-R0039
authorizing the Mayor to execute a contract with Lubbock Audio Visual,
Inc. for purchase and installation of cameras and related equipment, RFP
06-049-RW.
�,,. RESOLUTION NO. 2007-R0039
` BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract #6995 for a digital upgrade of
the City's News Channel Live Video System and any related documents with Lubbock
Audio Visual, Inc., of Lubbock, Texas, a copy of which Contract is attached hereto and
which shall be spread upon the minutes of this Council and as spread upon the minutes of
this Council shall constitute and be a part hereof as if fully copied herein in detail.
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Regular City Council Meeting
January 25, 2007
Passed by the City Council this 25�' day of January, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood,
Assistant City Manager/Chief of Staff
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
This contract involves replacement of old analog equipment for Channel2 with
digital equipment. This equipment includes new cameras in both the City
Council Chamber and Committee Room 103, as well as related equipment
needed in the Channel2 studio to run the cameras and record meetings in both
rooms.
Existing cameras in the City Council Chamber and Committee Room 103 were
installed in 1999 and are security cameras, exactly like those found in a
convenience store. T'he expected life span on the camera gyroscopes is 3 to 4
years with a total maximum camera life expectancy of l years. There is a
danger that these cameras could fail at any time and jeopardize the recording of
City Council meetings. The new cameras are broadcast quality and will
enhance on-air viewing by Lubbock residents.
FISCAL IMPACT
The $150,000 will be funded through the City's Master Lease Program, with
annual payments made from Information Technology Fund.
Staff recommended contract award to Lubbock Audio Visual of Lubbock,
Texas for $149,593.
Mark Yearwood, Assistant City Manager; Jeff Yates, Chief Financial Officer;
and Victor Kilman, Director of General Services, gave comments and answered
questions from Council. Mayor Miller asked that, in the future, along with the
bids, there be a price comparison included in Council backup.
Motion was made by Council Member Price, seconded by Council Member
DeLeon to pass Resolution No. 2006-R0039 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.21. Contract Amendment Resolution - Traffic: Resolution No. 2007-R0040
authorizing the Mayor to execute Amendment No. 1 to the Advanced
Funding Agreement with the Texas Department of Transportation for the
design and construction of an Intelligent Transportallon System within the
city limits of the City of Lubbock.
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Regular City Council Meeting
January 25, 2007
RESOLUTION NO. 2007-R0040
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT th� City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute an Amendment No. 1 to the Advance
Funding Agreement (Resolution No. 2004-R0552 November 4, 2004) by and between
the City of Lubbock and the Texas Department of Transportation for the design and
construction of an"Intelligent Transportation System" within the city limits of the City
of Lubbock, which Amendment No. 1 and any associated documents are attached
hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 25�' day of January , 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
Isl Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jervl D. Hart Jr.
Jeryl D. Hart, Jr., P.E., City Traffic Engineer
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
The original agreement was approved by the City Council on November 4,
2004. The concept for this project was also included in the Regional ITS
Architecture and Deployment Plan approved by City Council on June 23, 2005.
Amendment #1 increases the budget for Phase 1 by $190,886, and adds
$171,008 for Phase II funding. Phase II Fiber Optic Integration provides for a
jointly funded fiber optic network project from Municipal Square to the TxDOT
District Office along Avenue Q, with the route going through City Hall, and
adds connections to I-27 along 19th, 34th, and SOth Streets replacing the 24
year old traffic signal copper cable.
The Fiber Optic Network Sharing Agreement approved by City Council in
November 2006 allowed the sharing of the cable with TxDOT, and this
amendment provides the funding. The original project approved November 4,
2004, was based on a preliminary estimate. The costs have increased primarily
due to rock excavation where Phase 1 crosses the Marsha Sharp Freeway near
Buddy Holly Avenue. The City's cost has been capped at the amount of the
cunent capital project funding.
FISCAL IMPACT
This amendment to the advance funding agreement with TxDOT adds an
�° additional $361,894 of funding for the Intelligent Traffic System (ITS).
Funding for the ITS is appropriated in the Adopted FY 2006-07 through FY
2010-11 Capital Improvement Program. The following budget amendments will
take place with the adoption of Budget Amendment No. 6 to establish the
proper funding for this partnership.
Amend Capital Improvement Project #90379, Signal System Communications,
which is the first phase of the Intelligent Traffic System (ITS) capital project
from the 2004 bond election. TxDOT is providing an additional $190,886 for
construction costs. This funding, along with a$34,000 transfer from the second
phase of the project (CIP project #91100, Signal Communication Phase 2), will
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Regular City Council Meeting
January 25, 2007
provide a total appropriation of $374,886. The transfer of funding is necessary
to purchase splicing equipment needed for both phases of the project. This
equipment was not eligible for TxDOT funding.
Amend Capital Improvement Project #91100, Signal System Communications
Phase 2, which is the second phase of the Intelligent Traffic System (ITS)
capital project from the 2004 bond election. As part of the advance funding
agreement, TxDOT is funding $171,008 of construction costs. The additional
funding and the transfer increases the total appropriation for this phase to
$382,101.
Staff recommended approval of this resolution.
Jere Hart, Traffic Engineer, gave comments and answered questions from
Council.
Motion was made by Council Member Price, seconded by Council Member
DeLeon to pass Resolution No. 2006-R0040 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.25. Application Resolution - Environmental Compliance: Resolution No.
2007-R0041 authorizing the Mayor to execute Part A Hazardous Waste
Permit Application; Part B Hazardous Waste Permit AppGcation;
Compliance Plan Renewal Application; and Permit Modifications for
Property Transfers, regarding the former Reese Air Force Base.
RESOLUTION NO. 2007-R0041
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, that certain (i) Part A Hazardous
Waste Permit Application; (ii) Part B Hazardous Waste Permit Application; (iii)
Compliance Plan Renewal Application; and (iv) Permit Modifications for Property
Transfers, regarding the former Reese Air Force Base, and all related documents. Said
applications are 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 25�' day of January 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Dan Dennison
Dan Dennison, Director of Environmental Compliance
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
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Regular City Council Meeting
January 25, 2007
The City acquired ownership of certain real property within the boundaries of
former Reese Air Force Base (the "Base"). The Base contains significant areas
of contamination and is now under remediation activities dictated by regulatory
agencies. As an owner of real property in the Base, the City is required to
execute permit amendments and compliance plans.
As an owner of real property containing contamination, issues regarding
liability and remediation responsibilities may have arisen at the time of
acquiring title to the subject property.
� Part A Hazardous Waste Permit Application, Part B Hazardous Waste Permit
Application, Compliance Plan Renewal Application, and Permit Modifications
for Property Transfers are provided in supplemental agenda backup available in
the City Secretary's Office.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval resolution.
Dan Dennison, Environmental Compliance Manager, gave comments and
answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2006-R0041 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
10:55 A.M. CITY COUNCIL RECESSED
11:00 A.M. CITY COUNCIL RECONVENED
6.2. Ordinance Amendment 2nd Reading - Water Utilities: Ordinance No.
2007-00010 Consider an ordinance amending Chapter 28-52 and 28-53 of
the Code of Ordinances in regard to water rates.
�
ORDINANCE NO. 2007-00010
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS
28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK
BY REVISING WATER RATES AS CONTAINED THEREIN; BY ADDiNG SECTION
28-61 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS,
WITH REGARD TO VARIANCE AND APPEAL PROCEDURES REGARDING
WATER RATES AND BILLING; BY AMENDING SECTION 28-44(h) OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
JURISDICTION OF THE WATER BOARD OF APPEALS; PROVIDING A SAVING
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to reflect the cost of service; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT Section 28-52 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
Section 28-52. Water Base Charge.
The City, through the City Manager, shall charge and collect from every customer
� and every customer shall pay a monthly base charge for water which shall be billed to all
customers based upon the water meter size as follows:
Meter Size
Three-quarter inch (3/4") meter
One inch (1 ") meter
One and a half inch (1.5") meter
Two inch (2") meter
Three inch (3") meter
Four inch (4") meter
Six inch (6") meter
Water Base Char�e
$7.66
$12.79
$25.51
$40.83
$81.73
$127.69
$255.31
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Regular City Council Meeting
January 25, 2007
Eight inch (8") meter $408.51
Ten inch (10") meter $587.29
SECTION 2: THAT Section 28-53 of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
Section 28-53. Water Volume Rate Generally
In addition to the base chazge, the City, through the City Manager, shall determine
the amount of water used by each customer through monthly meter readings and shall
charge to and collect from every customer and every customer shall pay for water
furnished by the City to the customer. The water furnished by the City shall be measured
on a per one thousand (1,000) gallons basis and billed as follows:
Block 1-$2.09 per 1,000 gallons
Block 2-$2.61 per 1,000 gallons
Block 3-$3.61 per 1,000 gallons
a. Single Family Residential — The Block 1 volume is the amount of water
used up to 100% of the Average Winter Consumption (AWC) of each
respective customer's premises, the AWC being the average volume of
water used as measured by the non-irrigation meter readings for the
months of September, October, November, December, January and
February, and updated in March of each respective year; the Block 2
volume is the amount of water used in addition to the Block 1 volume
up to an additional 40,000 gallons; and the Block 3 volume is the
volume of water used in excess of the Block 1 and Block 2 volumes.
For new customers that do not have an AWC calculated for their
service, an AWC of seven thousand (7,000) gallons shall be used for
Block 1 volume purposes.
b. Single Family Residential Irrigation — Does not include a Block 1
volume; the Block 2 volume of water is from 1,000 gallons used up to
40,000 gallons; and the Block 3 volume is the amount of water used in
excess of the Block 2 volume.
c. Multi-Family Residential, Commercial and Public — The Block 1
volume is the amount of water used up to 100% of the Average Winter
Consumption (AWC) of each multi-family residential, commercial and
public premises, respectively, the AWC being the average volume of
water used as measured by the non-irrigation meter readings for the
months of September, October, November, December, January and
February, and updated in March of each respective year; the Block 2
volume is the amount of water used in addition to the Block 1 volume
up to an additional 50% of the AWC (total of Block 1 and Block 2 is
equal to 150% of the AWC); and the Block 3 volume is the amount of
water used in excess of the Block 1 and Block 2 volumes.
d. Non-Residential Irrigation — Does not include a Block 1 volume; the
Block 2 volume of water shall be the average monthly use by all non-
residential irrigation users by meter size for non-residential irrigation
services. The Block 3 volume is the volume of water used in excess of
Block 2 volume.
e. Schools — All water used will be charged at a Block 1 rate.
SECTION 3: THAT the Water Base Charge and Water Volume Rates as set forth
in this Ordinance shall be effective April 1, 2007. The Water Base Charge and Water
Volume Rates currently in effect shall be effective until April 1, 2007.
SECTION 4: THAT the Code of Ordinances of the City of Lubbock, Texas is
hereby amended by adding a section, to be numbered 28-61, which said section shall read
as follows:
Section 28-61. Variance and Appeal
(a). The Water Board of Appeals, as established in Section 28-44 of the Code of
Ordinances of the City of Lubbock, may grant in writing a temporary
variance determining the Average Winter Consumption (AWC) of a
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Regular City Council Meeting
January 25, 2007
customer as prescribed in Section 28 — 53 of the Code of Ordinances of the
City of Lubbock above, in the event that it is determined by the Water
Board of Appeals that failure to grant such variance would cause an
emergency condition adversely effecting the health or sanitation, or would
work an unnecessary hardship due to fundamental unfairness of the
application of the AWC to the customer requesting the variance.
Customers requesting a modification from the computation of the AWC, as
set forth in Section 28-53 of the Code of Ordinances of the City of
� Lubbock, shall file a petition for variance with the Water Board of Appeals.
All petitions for variances shall be reviewed by the Water Board of
Appeals, and shall include, in addition to the information provided in
Section 28-44 of the Code of Ordinances of the City of Lubbock, the
following:
1. Detailed statement as to how the City's computation of the AWC would
cause an emergency condition adversely affecting the petitioner or
fundamentally unfair to the petitioner.
2. Description of the relief requested.
3. Period of time for which the variance is sought.
4. Other pertinent information.
Variances granted by the Water Board of Appeals shall be subject to the
following condition:
1. Variances granted shall expire on the later to occur of (i) the last day of
the last month utilized to compute the AWC; or (ii)the implementation
of the AWC, next following the granting of the variance by the Water
Board of Appeals.
(b). In the event that a customer disputes the accuracy of the City's billing for
water, the customer may appeal such billing in accordance with the internal
� administrative procedures prescribed by the City Manager and/or his/her
designee. The disputes shall be limited to situations or occurrences wherein
actual inaccuracies in the quantity of water consumed by the customer
and/or inaccuracies or errors in rates or fees billed for water are asserted.
Examples of such situations or occurrences are (i) inaccurate meter
readings; (ii) inaccurate rates andlor fees applied to such customer; and (iii)
inaccurate volumes of water due to leaks, so long as the customer exercised
reasonable diligence in the discovery and remediation of the leak.
(c). In the event that a customer desires to appeal the decision of the internal
administrative appeal process, the customer may appeal to the Water Board
of Appeals, by making application within five (5) business days of the
denial of the internal administrative appeal prescribed in subsection 28-
61(b) of the Code of Ordinances of the City of Lubbock.
SECTION 5: THAT Section 28-44(h) of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
Section 28-44. Landscaping Irrigation Systems
(h) Board of Appeals.
(1) Establishment. In order to determine the suitability of alternate materials
and methods of construction and to provide for (i) reasonable interpretation
of the provisions of Section 28-44; (ii) to determine exceptions to the
requirements of subsections 28-45(a) and (b) of this Code; (iii) to determine
variances to the requirements of the Water Use Management Plan - Drought
and Emergency Contingency Plan and Water Conservation Plan, Section
28-1; and (iv) to determine variances to the requirements of the Average
Winter Consumption and to determine appeals from the internal
administrative appeals, both as provided in Section 28-61, there is hereby
created a board of appeals, to be known as the Water Boazd of Appeals,
consisting of seven (7) members who are qualified by experience and
training to pass upon such matters and the City Manager or his/her designee
Regular City Council Meeting
January 25, 2007
being a non-voting ex officio member. The membership of the Water
Board of Appeals shall include one or more representatives from the
following named areas of expertise:
a. A Licensed Irrigator
b. A Landscape Architect
c. A representative from the public education system
d. A representative from the top one hundred (100) water users from
the City water system
e. A representative from water related governmental entities or
authorities (such as Canadian River Municipal Water Authority,
Brazos River Authority, High Plains Underground Water
Conservation District Number 1, etc.)
f. Two (2) Citizens of the City of Lubbock
The Director of Water Utilities shall be the ex officio member and shall act
as secretary for the Board. The Water Board of Appeals shall be appointed
by the governing body of the City. The initial board members shall serve as
follows: Three (3) members shall serve for a term of one (1) year and four
(4) members shall serve for a term of two (2) years, said terms to be
determined by the City Council of the City at the time of appoinhnent. At
the expiration of the terms of the initial board members, all terms shall be
for two (2) years, or until such time as their successors are appointed. A
simple majority of the Water Board of Appeals shall constitute a quorum.
(2) Scope. The Water Board of Appeals shall, except as provided herein, be
subject to the rules and regulations as adopted by the Board of Appeals as
set forth in Section 6-19 of the Code of Ordinances, regarding the conduct
of its investigations, meetings, hearings, and rendering of all decisions and
findings.
(3) Jurisdiction. The Water Board of Appeals shall have the authority and is
vested with the jurisdiction to hear and determine:
a. Request for substitution of alternate systems from those provided in
this Section 28-44 of the Code of Ordinances;
b. Requests for exceptions to the watering times and/or conditions than
that set forth in subsections 28-45(a) and 28-45(b) of the Code of
Ordinances;
c. Requests for variances to the
Management Plan - Drought and
forth in subsection 28-1(b)(2);
�
e.
requirements of the Water Use
Emergency Contingency Plan set
Request for variances to the computation of the Average Winter
Consumption as set forth in Section 28-61(a); and
Appeals from the internal administrative appeal procedure as set
forth in subsections 28-61(b) and 28-61(c).
(4) Hearings. Application for hearings shall be as follows:
a. The owner of property intending to install, alter, change, convert,
repair or operate a landscape irrigation system on said property in
conformance with pertinent governing ordinances of the City, shall
in cases when compliance with such codes presents a practical
difficulty or unnecessary hardship make written application to the
Water Board of Appeals, on forms to be furnished by the Director of
Water Utilities, for a recommendation of an alternate system or
alternate watering times andlor conditions to that required by
Sections 28-44, 28-45(a) or 28-45(b) of the Code of Ordinances.
b. Each applicant for an alternate system to that prescribed by Section
28-44 of the Code of Ordinances shall, upon making such
application, submit to the Water Board of Appeals sufficient
technical data and other information to demonstrate that the new
method or device is equivalent in quality, strength, effectiveness and
safety to that prescribed in Section 28-44 of the Code of Ordinances.
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Regular City Council Meeting
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c. Each applicant for exceptions to the watering times and/or
conditions to that prescribed by subsection 28-45(a) and 28-45(b) of
the Code of Ordinances shall, upon making such application, submit
to the Water Board of Appeals sufficient technical data and other
information to demonstrate that due to special conditions, a literal
enforcement of subsection 28-45(a) or 28-45(b) would result in
unnecessary hardship and that the requested exception is not
contrary to the public interest. The Water Board of Appeals may
grant such exception subject to any conditions deemed necessary or
advisable by the Water Board of Appeals.
d. Each applicant for variance to the Water Use Management Plan —
Drought and Emergency Contingency Plan and Water Conservation
Plan, subsection 28-1(b), shall, upon making such application,
submit sufficient information and technical data, as described in
subsection 28-1(b)(2), to the Water Board of Appeals. The Water
Board of Appeals may grant such variance upon findings as
described in subsection 28-1(b)(2), subject to any conditions deemed
necessary or advisable by the Water Board of Appeals.
e. Each applicant for variance to the computation of the Average
Winter Consumption, Section 28-53, shall, upon making such
application, submit sufficient information and technical data, as
described in Section 28-61, to the Water Board of Appeals. The
Water Board of Appeals may grant such variance upon findings as
described in Section 28-61.
f. Each party appealing the internal administrative appeal prescribed
by subsection 28-61(b) and 28-61(c) of the Code of Ordinances
shall, upon making such appeal, submit to the Water Board of
Appeals sufficient technical and factual data and any other
information to demonstrate that the final decision by the internal
'� administrative appeal is incorrect or in error.
(5) Limitation of Authority. The Water Board of Appeals shall have no
authority relative to interpretation of the administrative provisions or
requirements as set forth in this Section 28-44 and 28-45, either expressed
or by reference, nor, except as set forth herein, be empowered to waive
requirements set forth in the Code of Ordinances. Notwithstanding the
above, the Water Board of Appeals may grant exceptions to Section 28-
45(a) and/or Section 28-45(b) in the event appropriate findings as set forth
in subsection 28-44(h)(4)(c), are made.
SECTION 6: THAT the City Council finds and declares that sufficient written
notice of the date, hour, place and subject of this meeting of the Council was posted at a
designated place convenient to the public at the City Hall for the time required by law
preceding this meeting, that such place of posting was readily accessible at all times to the
general public, and that all of the foregoing was done as required by law at all times.
SECTION 7: THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 8: THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
�,, publication provided by law.
A Cost of Service study was completed recently for both the water and sewer
services in order to establish the appropriate rates to reflect the cost of
providing these services. In addition to the cost of service issues, the study also
proposed a change to the Average Winter Consumption (AWC) increasing
block rate to encourage greater water conservation. This study was completed
and results were provided to the Lubbock Water Advisory Commission on
November 16, 2006.
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Regular City Council Meeting
January 25, 2007
The recommended rates are revenue neutral. Increases in rates for budgetary
purposes are considered with the annual budget. The changes proposed in this
ordinance are revenue neutral and reflect cost of service changes only.
Prior to 1990, the City had a decreasing block rate. This means that as a
customer used more water, the rate per 1,000 gallons dropped for the additional
use. In 1991 the City adopted a uniform water rate. Under this plan, the rate
per 1,000 gallons used remains unchanged. It is now proposed that the City
adopt an increasing block rate plan in order to encourage greater conservation.
Under this plan, the rate per 1,000 gallons will increase for the additional use.
The specific plan proposed is called the AWC plan or Average Winter
Consumption plan. Under this plan, the volume of water included in Block 1
for residential use is determined differently for each customer based upon the
amount of water used by that customer in November, December, January and
February. The volume that can be used in Block 2 for residential customers is
25,000 gallons. Block 3 would be for use over and above Block 1 and Block 2
use.
For commercial, multifamily and public entities, the volume allowed under
Block 1 is again determined by the customer's average winter consumption.
Block 2, however is not set on a specific use amount like residential. It is set on
150% of the average winter consumption. Block 3 again would be for use over
and above the Block 1 and Block 2 volumes.
For irrigation service, there is no Block 1 volume. Single family residential
irrigation service would have a Block 2 volume of 25,000 gallons, while non
residential service would have a Block 2 based upon 150% of the average
winter consumption. Block 3 again would be for use over and above the Block
2 volume.
Under the proposed rates, the monthly base charge would decrease for almost
all customers. Residential would decrease by $4.30 or 38.7% for 3/" water
meters. This decrease continues with as much as 52% to 73% reductions in the
monthly base charge based upon the size of the meter.
The increasing block rate proposed would be uniform for almost all customers
as follows on a per 1,000 gallon basis:
Block 1 - $2.06
Block 2 - $2.58
Block 3 - $4.52
The current uniform rate for residential customers is $2.03 per 1,000 gallons of
water used. Previous multi family rates were $1.73 per 1,000 gallons while
Commercial, Public, and Municipal rates were at $1.88 per 1,000 gallons. All
customers will receive a savings on the monthly base charge, but the cost per
1,000 gallons will decrease to encourage greater conservation.
Customers who use less water will see a water decrease. As an example, a
customer at the average of 7,000 gallons would see a 14.8% decrease. A
customer with a 25,000 gallon use would see an 8.6% increase. The goal is to
encourage all to save water.
FISCAL IMPACT
The recommendation is revenue neutral for the City. There are no proposed
increases or decreases in revenues for the Water Fund as a result of this
recommended change in water rates.
The Lubbock Water Advisory Commission has reviewed the recommendations
and has approved it for consideration by the City Council. City staff also
recommended the proposed changes in order for rates to reflect the cost of
service.
Tom Adams, Deputy City Manager/Water Utilities Director, gave comments
and answered questions from Council. After discussions were had on average
water consumption and rate structure, Council Member Jones asked Mr. Adams
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Regular City Council Meeting
January 25, 2007
to also look at how the average water consumption during the months of
September through December would affect the rate structure.
Motion was made by Council Member Leonard, seconded by Mayor Pro Tem
Gilbreath to continue this item until the February 6, 2007 Regular City Council
meeting. Motion carried: 7 Ayes, 0 Nays.
6.3. Ordinance Amendment 2nd Reading - Water Utilities: Ordinance No.
2007-00011 Consider ordinance amending Chapter 28 of the code of
�
Ordinances in regard to sewer rates.
ORDINANCE NO. 2007-00011
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING
SUBSECTIONS 28-86(a) AND 28-86(b) OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK BY REVISING SEWER RATES AS CONTAINED THEREIN;
PROVIDING A SAVING CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to adjust sewer rates within the City of
Lubbock to reflect cost of service; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK;
Section 1: THAT Subsections 28-86(a) and 28-86(b) of the Code of Ordinances,
City of Lubbock, Texas are hereby amended to read as follows:
Section 28-86. Rates charged for sewer service.
(a) The City, through the City Manager, shall charge and collect from every
customer and every customer shall pay a monthly base charge for sewer service which
shall be billed to all customers based upon the water meter size as follows:
Meter Size Base Char�e
,� Three-quarter inch (3/4") meter $4.62
One inch (1 ") meter $ 5.63
One and a half inch (1.5") meter $8.14
Two inch (2") meter $11.16
Three inch (3") meter $18.21
Four inch (4") meter $28.28
Six inch (6") meter $53.44
Eight inch (8") meter $83.64
Ten inch (10") meter $118.88
(b) In addition to the base charge, the City, through the City Manager shall
determine the volume of sewer flow produced by each customer as described herein and
each customer shall pay the sewer volume rate per one thousand (1,000) gallons, which
shall be as follows:
Flow Rate: $1.69
The volume of sewer flow produced by a single family residential customer and customers
not required to meter as provided in Section 28-88 of the Code of Ordinances of the City of
Lubbock shall be determined by calculating the average water volume used as measured by
the non-irrigation meter readings for the months of November, December, January and
February. This volume shall be defined as the Average Winter Consumption (AWC), and
� it shall be updated for billing purposes in March of each year. In the event a residential
customer or premises (i.e., a new premises) does not have a water consumption history for
such months, a water volume of 7,000 gallons per month shall be utilized by default. The
volume of sewer flow produced by other customers shall be determined as provided for in
Section 28-88 bf the Code of Ordinances of the City of Lubbock.
SECTION 2: THAT the City Council finds and declares that sufficient written
notice of the date, hour, place, and subject of this meeting of the Council was posted at a
designated place convenient to the public at the City Hall for the time required by law
preceding this meeting, that such place of posting was readily accessible at all times to the
general public, and that all of the foregoing was done as required bylaw at all times during
which this Ordinance and the subject matter thereof has been discussed, considered and
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Regular City Council Meeting
January 25, 2007
formally acted upon. The City Council further ratifies, approves and confirms such written
notice and the contents of posting thereof.
SECTION 3: THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be afFected thereby.
SECTION 4: THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
A Cost of Service Study was completed recently for both the water and sewer
services in order to establish the appropriate rates to reflect the cost of
providing these services. This study was completed and results were provided
to the Lubbock Water Advisory Commission on November 16, 2006.
The recommended rates are revenue neutral. Increases in rates for budgetary
purposes are considered with the annual budget. The changes proposed in this
ordinance are revenue neutral and reflect cost of service changes only.
As a result of the study, the monthly base charge for sewer service will increase
17.3% or $0.68 for three-quarter-inch meter services (including most residential
service). The monthly base charge for larger meters, between one-inch and
10-inch, will decrease from 38.8% to 86.4%. The dollar amount of this change
in monthly base fees for larger meters will vary between $3.57 and $758.44.
This change again reflects cost of service and rate changes are recommended
accordingly.
A flow rate increase of 1.2% $0.02 per 1,000 is also recommended as part of
the study.
FISCAL IMPACT
The recommendation is revenue neutral for the City. There are no proposed
increases or decreases in revenues for the Sewer Fund as a result of this
recommended change in sewer rates.
The Lubbock Water Advisory Commission has reviewed the recommendations
and has approved it for consideration by the City Council. City staff also
recommended the proposed changes in order for rates to reflect the cost of
service.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member
Leonard to pass on second and final reading Ordinance No. 2006-O0011 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
At this time, Council Member Boren gave recognition to City Secretary
Rebecca Garza and her staff. Boren went on to say that she has been the City
Secretary since 2001; a Texas registered Municipal Clerk, certified in 2003; an
instructor at the 2007 Election Law Seminar for Municipal Clerks; co-
author of Chapter 15 of Professional Etiquette and Protocol in Texas Clerk's
Handbook, Eighth Edition; serves on the Certification Committee of Texas
Municipal Clerks Association, and has also served on the Finance Committee.
Ms. Garza has become an expert in election law issues and open government.
Ms. Garza gave comments and recognized her staff, including Tommy Combs,
Deputy City Secretary, and Assistants to the City Secretary Linda Hart, Jane
McDaniel, and Stephanie Lee.
6.4. Ordinance Amendment 2nd Reading - Police: Ordinance No. 2007-
00012 Consider an ordinance amending the Code of Ordinances of the
City of Lubbock, by amending Chapter 14, Article IX, enNtled Sexually
Oriented Businesses.
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Regular City Council Meeting
January 25, 2007
ORDINANCE NO. 2007-00012
AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY OF LUBBOCK
CODE OF ORDINANCES BY MODIFYING SECTION 14-252 THEREOF TO
CLARIFY THE RIGHTS OF ANY PERSON WHOSE PERMIT TO OPERATE A
SEXUALLY ORIENTED BUSINESS HAS BEEN DENIED, SUSPENDED, OR
REVOKED, AMENDING SECTION 14.254.1 THEREOF TO INCLUDE PROVISIONS
ESTABLISHING A MINIMUM DISTANCE AT WHICH EMPLOYEES OF
SEXUALLY ORIENTED CABARETS OR LOUNGES IN A STATE OF SIMULATED
� NUDITY MUST BE SEPARATED FROM THE PATRONS OR CUSTOMERS OF
, SUCH BUSINESSES, AND IMPLEMENTING OTHER REQUIREMENTS FOR THE
OPERATORS OF SUCH BUSINESSES.
WHEREAS, there have been numerous studies promulgated describing the haimful
secondary effects that sexually oriented businesses have on communities throughout the
nation; and
WHEREAS, an ordinance enacted by the City of Arlington, Texas, contains
regulatory provisions (notably "proximity provisions") for sexually oriented businesses
which are designed to alleviate the negative secondary effects that flow from contact
between customers of such businesses and nude or semi-nude employees; and
WHEREAS, the Fifth Circuit Court of Appeals in Fantasv Ranch v. City of
Arlin on upheld the proximity provisions contained in that City's ordinance; and
WHEREAS, the Council has determined that amending the City of Lubbock's
ordinance regulating sexually oriented businesses that may operate locally by enacting
similar provisions to those contained in the Arlington ordinance is in the best interest of the
health, safety, and welfare of Lubbock citizens; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 14-252 of the City of Lubbock Code of Ordinances is
hereby modified by amending the last sentence in said section to read as follows:
� The decision of the permit and license appeal board shall be final except as
otherwise provided by law.
SECTION 2. THAT Section 14-254.1 of the City of Lubbock Code of Ordinances
is hereby amended by adding subsections (d) through (h) thereto which shall read as
follows:
(d) A permit holder for a sexually oriented cabaret or lounge commits an
offense if he knowingly allows an employee to appear in a state of simulated nudity
or semi-nude unless the employee is on a stage (on which no customer is present) at
least eighteen (18) inches above the floor, and the employee is: (1) at least six (6)
feet from any customer; or (2) physically separated from customers by a wall or
partition composed of solid glass or light-transmitting plastic, or substantially
equivalent material extending from the floor of the stage to at least five (5) feet
above the level of the stage.
�
(e) Except as otherwise herein permitted, it shall be an offense for a permit
holder's employee to receive any pay or gratuity from any patron or customer of a
sexually oriented cabaret or lounge, or for any patron or customer to pay or give
any gratuity directly to any such employee while the employee is in a state of
sirnulated nudity or semi-nude. Such pay or gratuity may be given to the employee
in a tip receptacle located at least six (6) feet from the stage on which such
employee appears in a state of simulated nudity or semi-nude.
(� It shall be an offense for a permit holder's employee, while in a state of
nudity or semi-nude, to have any physical contact with a patron or customer of a
sexually oriented cabaret or lounge on such premises.
(g) It shall be an offense for a patron or customer of a sexually oriented
business to have any physical contact with a permit holder's employee while in a
state of nudity or semi-nude on the premises. For purposes of this subsection and
subsection ( fl above, the term "physical contacY' is herein defined as the touching
of any portion of an individual, including clothing worn by the individual.
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Regular City Council Meeting
January 25, 2007
(h) A permit holder or operator of a sexually oriented cabaret or lounge
commits an offense by failing to prominently display a sign within the premises
notifying patrons and customers of the prohibitions contained in subsections (d)
through (g) of this section. While the cabaret or lounge is open for business, such
permit holder or operator must also prominently and continuously display a two-
inch wide glow-in-the-dark line on the floor of the premises marking a distance of
six (6) feet from any unenclosed stage on which an employee may appear in a state
of simulated nudity or semi-nude.
SECTION 3. THAT if any provision, section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to any person or set of circumstances,
is for any reason held to be unconstitutional, void or invalid, the validity of the remaining
portions of this article or their application to other persons or sets of circumstances shall
not be affected thereby, it being the intent of the City Council in adopting this article that
no portion hereof or provision or regulation contained herein shall become inoperative or
fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof,
and all provisions of this article are declared to be severable for that purpose.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication of
the descriptive caption of this Ordinance as an alternative method provided by law.
The Fifth Circuit Court of Appeals in Fantasy Ranch v. City of Arlington
recently upheld provisions in one of that City's ordinances intended to alleviate
the negative secondary effects that may result from contact between customers
of sexually oriented businesses and nude or semi-nude employees of those
businesses.
The proposed ordinance amending Chapter 14, Article IX of the Code contains
provisions very similar to those which the Fifth Circuit scrutinized and upheld
as lawful.
The intent of the proposed amendment is to reduce negative secondary effects
locally by restricting the contact that customers of sexually oriented businesses
may lawfully have with specified employees of such businesses.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended and requests the City Council express its approval and
support for the proposed ordinance.
City Attorney Anita Burgess stated she caused to be delivered to the Council
secondary impact studies with regard to the sexually oriented businesses, as
well as a statement from Detective Bill Bates for Council's consideration. Ms.
Burgess asked that the two documents be appended to the record to show that
they were placed with Council for the opportunity to review them. Mayor
Miller asked City Secretary Rebecca Garza to place the documents in record.
Motion was made by Council Member Jones, seconded by Council Member
Leonard to pass on second and final reading Ordinance No. 2006-O0012 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
6.5. Contract Resolution - Traffic: Consider a resolution authorizing the
Mayor to execute a contract with Redflex Traffic Systems, Inc. for an
automated red light camera enforcement program, RFP 06-089-RW.
On December 19, 2006, City Council determined that an automated red light
camera enforcement program is an effective deterrent to disregarding red liglnt
signals in the City and enacted an automated red light camera enforcement
ordinance to regulate traffic by means of traffic control devices for the
protection of the health, life, and property of Lubbock citizens (Ordinance
2006-O0131). U.S. Department of Transportation and Texas Transportation
Institute statistics indicate that fatal automobile accidents at intersections with
traffic signals increased by 13 percent between 1993 and 2003 and that the
number of persons killed or injured as a result of red-light running accidents in
Texas increased 79 percent between 1975 and 1999. Certain intersections
within the City are subject to a high proportion of drivers disregarding red light
indications based on information supplied by the Citizens Traffic Safety
Regular City Council Meeting
January 25, 2007
Commission and the City's Traffic Engineering Department. When a motor
vehicle facing a steady red indication for its direction of travel proceeds into the
intersection regardless of the signal, such action endangers the occupants of that
vehicle, the occupants of other vehicles and pedestrians, and such action further
interferes with the traffic flow through the intersection and increases the
number of accidents to which public safety personnel must respond at the
expense of the City taxpayers.
The City solicited proposals to furnish, deliver, install, maintain, upgrade,
o*�^* operate, and repair a city-wide digital automated red light enforcement program
operating 24 hours a day, 7 days a week, 365 days a year. The purpose of the
program is to provide safety on public streets by the enforcement of red light
violations.
The evaluation committee included Municipal Court Judge Robert Doty,
Assistant City Manager Mark Yearwood, Assistant City Manager James
Loomis, Assistant City Engineer Marsha Reed, City Traffic Engineer Jere Hart,
and Citizens Traffic Commission representative Lubbock Police Department
Sergeant Mike Steen. Proposals were evaluated using the criteria published in
the Request for Proposal as required by Local Government Code 252.042(a).
The evaluation criteria included: 1) back office performance and overall
customer services including financial reports and tracking (15°fo); 2) Overall
cost of the program (25°/a); 3) technology and hardware performance and
conformance to technical specifications (15%); 4) experience and success on
current and past projects, ratio of violations to citations issue, and ratio of
citations issued to citations collected (10%); project termination plan including
any costs to the City (10%), and implementation plan (including timeline), good
faith effort plan, and public information plan (25%). Proposals were received
from the following firms and were ranked as follows:
Redflex Traffic Systems, Inc. of Scottsdale, Arizona 88
American Traffic Solutions, Inc. of Scottsdale, Arizona 83
""�" ACS State & Local Solutions, Inc. of Washington, D.C. 76
Nestor Traffic Systems, Inc. of Providence, Rhode Island 50
The evaluation committee interviewed representatives from the top two ranked
companies on December 18, 2006, and the proposal from Redflex Traffic
Systems, Inc. was determined to be the most advantageous and was selected for
contract negotiation. The contract term is for five years after the date of
installation with an option to extend the term for up to three additional
consecutive two-year periods. The contract includes all necessary services
except police review and approval, adjudication hearing officer and location,
municipal court judge appeal, and media public service announcement play
cost. The number of cameras is to be determined by the City. Cameras will be
installed at 12 designated intersection approaches initially, and the contract
allows up to 24 intersection approaches. All locations will be reviewed and
approved by the Citizens Traffic Commission, Traffic Engineering Department,
and the Lubbock Police Department. Prior to the installation date of the Photo
Red Light Program, the contract requires Redflex Traffic Systems to open and
maintain a local customer service office for walk-in payment of fines and a
local mailing address in the Lubbock metropolitan area to accept payment by
mail.
The City may terminate the contract immediately if (i) state or local statutes are
� amended to prohibit or substantially change the operation of photo red light
enforcement systems; or (ii) any court having jurisdiction over the City rules, or
a state or federal statute or judicial decision declares, that results from the
Redflex System of photo red light enforcement are inadmissible in evidence.
FISCAL IMPACT
The City will be invoiced $4,780 per month for each designated intersection
approach. The City's obligation to pay the monthly amount will be limited to
those revenues generated by the program, collected by Redflex, and received by
the City. If there is insufficient revenue in any month to pay the monthly
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Regular City Council Meeting
January 25, 2007
invoice, the deficit in payment to the contractor will be carried to the next
month and so forth for the life of the contract.
Staff recommended contract award to Redflex Traffic Systems, Inc. of
Scottsdale, Arizona.
Jere Hart, Traffic Engineer; Victor Kilman, Director of General Services; Lee
Ann Dumbauld, City Manager; Marsha Reed, Civil Engineer, and City
Attorney Anita Burgess gave comments and answered questions from Council.
Points of discussion from Council included American Traffic Solutions (ATS)
being the low bidder and the most advantageous to the City, considering the
relative importance of price and the other evaluation factors, such as availability
of local representatives. After further discussion, consensus from Council was
to go ahead and vote on this item and negotiate a contract, instead of bringing
all offerors back with a contract.
Council Member Leonard requested to include as part of the contract that the
City would retain control of the timing of the lights, there would be no
minimums or quotas be placed on the City for the numbers of citations issued,
there would be an "out" for the City, in case legislature bans the cameras, and
that the City of Lubbock retains full ownership of videos taken at the lights.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member
Price finding that the proposal of American Traffic Solutions, Inc. of
Scottsdale, Arizona was the most advantageous to the City of Lubbock,
considering the relative importance of price and other factors. Motion carried:
4 Ayes, 3 Nays. Mayor Miller and Council Members Jones and Leonard voted
Nay.
Note: Action taken on this item is recorded as minuted action; therefore, a
resolution document does not exist.
6.6. Budget Amendment Ordinance lst Reading - Finance: Ordinance No.
2007-00013 Amendment No. 6 amending the FY 2006-07 budget
respecting the General Fund, Special Revenue Fund (Community
Development), Grant Fund, and Capital Improvement Prdgram.
ORDINANCE NO. 2007-00013
AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GENERAL FUND; (2) SPECIAL REVENUE
FUND (COMMLTNITY DEVELOPMENT); (3) GRANT FUND; AND (4) CAPITAL
IMPROVEMENT PROGR.AM.
WHEREAS, Section 102.010 of the Local Government Code of the State of Texas
authorizes the City Council to make changes in the budget for municipal purposes; and
WHEREAS, in accordance with the City Budget Ordinance the City Council shall
approve all transfers between funds and deparhnents; and
WHEREAS, the City Council deems it advisable to change the FY 2006-07 Budget
for municipal purposes and reallocate funds as follows; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock hereby approves
changes to the City of Lubbock Budget FY 2006-07 (Budget Amendment #6) for
municipal purposes, as follows:
1. Amend Capital Improvement Program Project #90379, "Signal System
Communications (PH 1-ITS)" by transferring $34,000 of FY 2006 General
Obligation Bonds from CIP Project #91100, "Signal Communications (PH2-
ITS)", and appropriating $190,886 from the TxDOT advance funding agreement,
making the total appropriation for this project $374,886.
2. Amend Capital Improvement Program Project #91100, "Signal Communications
(PH2-ITS)" by appropriating $171,008 from the TxDOT advance funding
agreement, making the total appropriation for this project, $382,101.
3. Establish a new Capital Improvement Project for "Traffic Signals — Marsha Sharp
3-B" and appropriate $99,591 from the TxDOT advance funding agreement.
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Regular City Council Meeting
January 25, 2007
4. Amend Capital Improvement Program Project #91074, "North Overton TIF
Public Facilities" by appropriating an additional $3,000,000 of FY 2007 Taxable
Bonds, the total appropriation for the project will be $11,400,000.
5. Authorize 1 additional full-time position in Community Development.
6. Accept and appropriate a$520,994 grant from Texas Department of Housing and
Community Affairs for the Comprehensive Energy Assistance Program (CEAP)
an energy assistance program.
� 7. Accept and appropriate a$390,000 grant from Texas Department of Housing and
Community Affairs for the Community Services Block Grant (CSBG).
8. Amend Capital Improvement Project #90406, Visitors Information Center, by
appropriating an additional $1 million for a total project appropriation of $1.31
million. The funding sources for this project will be composed of $70,000 of
Hotel/Motel Funds, which have been previously expended, and $1.24 million of
Certificates of Obligation, Series 2007, with annual debt payments funded from
hotel/motel tax revenues. The additional appropriation will be used to purchase
property for a future Visitors Information Center and any demolition, asbestos
abatement, or related costs.
SECTION 2. THAT a copy of the changes made to the City of Lubbock Budget
pursuant to this Ordinance shall be filed with the City Secretary and County Clerk of
Lubbock as required by law.
1. Amend Capital Improvement Project #90379, Signal System
Communications, which is the first phase of the Intelligent Traffic System
(ITS) capital project from the 2004 bond election. TxDOT is providing an
additional $190,886 for construction costs through an advance funding
agreement as a partner with the City in the ITS program. This funding,
along with a$34,000 transfer from the second phase of the project (CIP
project #91100, Signal Communication Phase 2), will provide a total
�,,, appropriation of $374,886. The transfer of funds is necessary to purchase
splicing equipment needed for both phases of the project. This equipment
was not eligible for TxDOT funding. This budget amendment makes the
necessary appropriations and transfers to amend this project.
2. Amend Capital Improvement Project #91100, Signal System
Communications Phase 2, which is the second phase of the Intelligent
Traffic System (ITS) capital project from the 2004 bond election. As part of
the advance funding agreement, TxDOT is funding $171,008 of
constructior� costs with the City as a partner in the ITS program. The
additional funding and the transfer shown in Item 1, increases the total
appropriation for this project to $382,101. This budget amendment makes
the necessary appropriations to amend this project.
3. Establish a new Capital Improvement Project Traffic Signals — Marsha
Sharp 3-B and appropriate $99,591 from a TxDOT advance funding
agreement, with estimated revenues increased accordingly. TxDOT will pay
the full cost for the City to furnish traffic signal equipment for temporary
and permanent traffic signals between Chicago and Salem during the
construction of Marsha Sharp Freeway Phase 3-B.
4. Amend Capital Improvement Program Project #91074, North Overton TIF
Public Facilities, by appropriating an additional $3 million of FY 2007
Taxable Bonds, the total appropriation for the project will be $11.4 million.
A Master Development Agreement with Garfield Traub Development, LLC
was approved at the January 12, 2007, City Council meeting that
incorporated the larger size and design of the conference/civic center
located in Overton Park.
5. On June 8, 2006, City Council approved a$233,712 allocation from the
City's Community Development Block Grant program for a Property
Maintenance Inspection program through the Codes Enforcement
Department. This program focuses on CDBG eligible areas and provides
heightened codes inspections and enforcement. The original allocation
funded four inspectors. After a review of the budgeted and available funds,
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Regular City Council Meeting
January 25, 2007
staff is requesting an additional inspector position. The estimated cost of the
additional position is $38,164. This budget amendment authorizes the
additional grant funded full-time position in Codes Enforcement.
6. Accept and appropriate a$520,994 grant from Texas Department of
Housing and Community Affairs for the Comprehensive Energy Assistance
Program (CEAP) an energy assistance program. This grant will fund
programs to assist low-income persons and families with energy assistance
and energy efficiency.
7. Accept and appropriate a$390,000 grant from Texas Department of
Housing and Community Affairs for the Community Services Block Grant
(CSBG). The grant will fund programs to assist low-income persons and
families with self-sufficiency, information, and referral.
FISCAL IMPACT
Included in item summary.
Staff recommended approval of the first reading of this ordinance.
Motion was made by Council Member DeLeon, seconded by Council Member
Boren to pass on first reading Ordinance No. 2006-O0013 with an amendment
to add:
8. Amend Capital Improvement Project No. 90406, Visitors Information
Center, by appropriating an additional $1 million for a total project
appropriation of $1.31 million. The funding sources for this project will be
composed of $70,000 from the Hotel/Motel Funds, which have been
previously expended, and $1.24 million of Certificates of Obligation, Series
� 2007, with annual debt payments funded from Hotel/Motel Tax revenues.
The additional appropriation will be used to purchase property for a future
Visitors Information Center and any demolition, asbestos abatement, or
related costs.
Motion carried: 7 Ayes, 0 Nays.
6.7. Board Appointments - City Secretary: Consider one appointment to
Appointments Advisory Board, one appointment to Market Lubbock, Inc.
Board of Directors, one appointment to Structural Standards Commission,
three appointments to Urban Design/Historic Preservation Commission,
and four appointments to Zoning Board of Adjustment.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to appoint Duke Holmes to the Appointments Advisory Board. Motion
carried: 7 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to appoint Rob Meyer to the Market Lubbock, Inc. board of Directors.
Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to appoint Richard Obenhaus to the Structural Standards Commission.
Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to appoint Evelyn Davis, and reappoint Jone Fisher and James White to
the Urban Design/Historic Preservation Commission. Motion carried: 7 Ayes,
0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to appoint Billie Caviel to alternate position and Glen Robertson to
member position, and reappoint Kevin Bass and Elizabeth Lonngren to the
Zoning Board of Adjustment. Motion carried: 7 Ayes, 0 Nays.
12:17 P.M. CITY COUNCIL RECESSED
1:05 P.M. CITY COUNCIL RECONVENED
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Regular City Council Meeting
January 25, 2007
7. WORK SESSION
�
7.1. Bicycle Transportation - Public Works: Presentation on bicycle
transportation within the City. Larry Hertel, City Engineer
Larry Hertel, City Engineer, gave a presentation on bicycle transportation
within the city of Lubbock. He discussed bicycle transportation options
available (bike routes, lanes, and trails or paths); past bicycle route planning;
design changes made on thoroughfare streets; existing bicycle routes in place;
Canyon Lakes Master Plan and Linkage Corridor Plan in Southwest Lubbock.
Mr. Hertel also discussed rough estimated costs to deliver additional bicycle
improvements. He then answered questions from Council.
1:44 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
�
Read and approved this � day of '���-, , 200,8:
ATTEST:
Rebe a Garza, City Secretary
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