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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/12/2006CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 12, 2006 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of January, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, Council Member Floyd Price Absent: No one 1. CITIZEN COMMENTS PERIOD There was one citizen who expressed comments to the Council. Vance Scoggins, 3407 37th Street, addressed Council to share his concerns about Atmos Energy and the rate increase. He stated to Council that the citizens of Lubbock should fire Atmos Energy. 2. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation; the purchase, exchange, lease, or value of real property; personnel matters; competitive matters of the public power utility; and commercial or financial information that the governmental body has received from a business prospect with which the governmental body is conducting economic development negotiations, as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. 2.1. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071, to discuss pending or contemplated litigation or settlement agreement, and hold a consultation with attorney (Electric Utility, Police, 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 551.086, on the following competitive matters (Electric Utilities): 2.4.1. to deliberate, vote and take final action on electric rates of Lubbock Power and Light; 2.4.2. to discuss, vote and take 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; Regular City Council Meeting January 12, 2006 Page 2 2.4.3. to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. 2.5. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087 to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations (Business Development). 9:37 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal; Mayor Pro Tern Tom Martin; Council Member Gary 0. Boren; Council Member Linda DeLeon; Council Member Jim Gilbreath; Council Member Phyllis Jones; Council Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one Mayor McDougal reconvened the meeting at 9:37 A. M. 3. PROCLAMATIONS AND PRESENTATIONS 3.1. Invocation by Steve Doles, Pray Lubbock. 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. Presentation of an American flag to the Lubbock City Council and a performance of "Welcome Home, Soldier" by Russ Murphy. Major Reginald Jackson of the 2nd Battalion 142nd Infantry of the Texas Army National Guard joined Mayor McDougal and presented City Council with a framed American flag, while he read the citation that accompanied the flag. Russ Murphy gave comments and then performed "Welcome Home, Soldier" to those in Council Chambers. Murphy presented Council Members with a CD copy of the song. 3.4. Presentation of a proclamation declaring January 15, 2006 as a Day for Prayer and Fasting in the City of Lubbock. Steve Doles of Pray Lubbock, along with Lubbock County Commissioners Bill McCay, Precinct 1; James Kitten, Precinct 2; and, Isidro Gutierrez, Precinct 3, joined the Mayor as he read a proclamation to declare January 15, 2006 as a Day for Prayer and Fasting in the City of Lubbock. Doles then offered a special prayer and Commissioner Kitten gave comments. 4. MINUTES This item was considered following Item 5.4. 5. CONSENT AGENDA (Items 5.1-5.2, 5.5-5.17, 5.19-5.21) Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to approve Items 5.1-5.2, 5.5-5.17, and 5.19-5.21 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 5.1. Easements Ordinance 2nd Reading: ORDINANCE NO. 2005-00109 —Abandoning and closing two 20-foot alleys, a portion of 56th Street, a 100-foot wide drainage easement, four LP&L transformer pad easements, and one 4-foot underground utility easement located in, or adjacent to, Lots 109, 110, 111, 112, 113, 114, 115, Buster Long Addition to the City of Lubbock located at 5602 Slide Road. 2 Regular City Council Meeting January 12, 2006 Page 3 ORDINANCE NO.2005-00109 AN ORDINANCE ABANDONING AND CLOSING 56" STREET BETWEEN ABERDEEN AVENUE AND SLIDE ROAD IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, TWO 20-FOOT ALLEYS SOUTH OF 54TH AND 56TH STREET IN SAID SECTION 28, BLOCK E-2, A HUNDRED FOOT DRAINAGE EASEMENT LOCATED IN LOTS 109, 110, 111, 112, BUSTER LONG ADDITION TO THE CITY OF LUBBOCK, AND VARIOUS UNDERGROUND UTILITY AND TRANSFORMER PAD EASEMENTS LOCATED IN LOTS 109, 111, 114, 115, BUSTER LONG ADDITION TO THE CITY OF LUBBOCK, EACH OF WHICH IS 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. The area between Slide Road and Aberdeen Avenue - south of 54th Street and north of 571h Street - is being replatted from seven lots to two. In the area being closed is the portion of 561h Street from Slide Road to Aberdeen Avenue, the 20-foot north -south alley between 541h Street and 56th Street, the 20-foot alley south of 56th Street and adjacent to Lot 112, the 100-foot wide drainage easement between Slide Road and Aberdeen Avenue, four LP&L transformer pad easements, and one 4-foot LP&L utility easement. A drainage easement will be dedicated in the replat to replace the drainage easement being closed along with any other required easements. The requestor of these closures is Gerald Long for Buslon, Inc., the original dedicator of these street, alley, and easement areas being closed. There will not be a charge for them since Buslon, Inc. was the original dedicator. This ordinance was read for the first time at the September 8, 2005 City Council meeting as a routine consent agenda item. Staff recommended approval. 5.2. Drainage Easement Ordinance 2°d Reading — Right -of -Way: ORDINANCE NO. 2005-00144—Abandoning and closing a 60-foot wide drainage easement located in Section 25, Block E-2, Lubbock County, located at 5611 104th Street. ORDINANCE NO.2005-00144 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN SECTION 25, BLOCK E-2, 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 abandons and closes a 60-foot wide by 300-foot long drainage easement, just east of Elkhart Avenue in what will be 1041h Street, that was dedicated with the West Lake Estates plat. The area east of this addition is being platted and a street dedicated where this proposed abandoned drainage easement is located and the easement is no longer needed. Staff recommended approval. 5.3. This item was moved from consent agenda and considered following Item 5.21. 5.4. This item was moved from consent agenda to and considered following Item 5.3. 5.5. Water and Sanitary Sewer Improvements Resolution — Water Utilities: Resolution No. 2006-R0001 authorizing acceptance of water and sanitary sewer improvements for Lots 1-119, Springfield Addition to the City of Lubbock, Lubbock County, Texas, bound by 106th Street, 1071h Street, Clinton Avenue, and Frankford Avenue. K Regular City Council Meeting January 12, 2006 Page 4 RESOLUTION NO.2006-R0001 A RESOLUTION ACCEPTING LOTS 1-119, SPRINGFIELD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1-119, Springfield Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $342,079.27 with the improvements constructed by Utility Contractors of America, having a value of $327,991.10 as determined by the unit prices established by said Chapter 28, and $14,088.17 cash paid to the City, which amount includes $4,796.77 cash for adjacent lines with Lubbock Land Company, Ltd., the developer, to receive a refund of $116,807.69 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $116,807.69 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin P.E., Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ John M. Knight for Linda Chamales Senior Attorney/Office Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with subdivision regulations. The total cost of the improvements is $342,079.27 that includes the cost of construction totaling $327,991.10 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City for these improvements is $14,088.17 that includes $4,796.77 as adjacent mains and $9,291.40 in plan review, inspection, and testing fees. The developer, Lubbock Land Company, Ltd., will receive a refund of $116,807.69 in accordance with Chapter 28 as development utilizes these improvements. Regular City Council Meeting January 12, 2006 Page 5 The subdivision is located between 1061h and 1071h Streets and Clinton and Frankford Avenues. FISCAL IMPACT This is a routine transfer of ownership of water and sewer lines installed in new subdivisions from the Developer to the City. The value of the system is added to the City and there are no expenditures involved in accepting ownership. The system, when accepted, will produce revenue to the City through the sale of water and sewer services to the public. Staff recommended approval. 5.6. Water and Sanitary Sewer Improvements Resolution — Water Utilities: Resolution No. 2006-R0002 authorizing acceptance of water and sanitary sewer improvements for Lots 66-190, Lynwood Addition to the City of Lubbock, Lubbock County, Texas, bound by Erskine Street, Kemper Street, North Bangor Avenue, and North Chicago Avenue. RESOLUTION NO.2006-R0002 A RESOLUTION ACCEPTING LOTS 66-190, LYNWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 66-190, Lynwood Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the. developer is $317,349.57 with the improvements constructed by Rink's Lease Service, having a value of $306,023.25 as determined by the unit prices established by said Chapter 28, and $11,326.32 cash paid to the City, which amount includes $2,355.85 cash for adjacent lines with Wisian Properties, Inc., the developer, to receive a refund of $79,036.79 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $79,036.79 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. �1 Regular City Council Meeting January 12, 2006 Page 6 Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin P.E., Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ John M. Knight for Linda Chamales Senior Attorney/Office Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with subdivision regulations. The total cost of the improvements is $317,349.57 that includes the cost of construction totaling $306,023.25 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City for these improvements is $11,326.32 that includes $2,355.85 as adjacent mains and $8,970.47 in plan review, inspection, and testing fees. The developer, Wisian Properties, Inc., will receive a refund of $79,036.79 in accordance with Chapter 28 as development utilizes these improvements. The subdivision is located between Erskine and Kemper Streets and North Bangor and North Chicago Avenues. FISCAL IMPACT This is a routine transfer of ownership of water and sewer lines installed in new subdivisions from the Developer to the City. The value of the system is added to the City and there are no expenditures involved in accepting ownership. The system, when accepted, will produce revenue to the City through the sale of water and sewer services to the public. Staff recommended approval. 5.7. Water and Sanitary Sewer Improvements Resolution — Water Utilities: Resolution No. 2006-R0003 authorizing acceptance of water and sanitary sewer improvements for Lots 1-81, South Brook Addition to the City of Lubbock, Lubbock County, Texas, bound by 86`h Street, 90`h Street, Sherman Avenue, and Avenue U. RESOLUTION NO.2006-R0003 A RESOLUTION ACCEPTING LOTS 1-81, SOUTH BROOK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1-81, South Brook Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $253,889.85 with the improvements constructed by Utility Contractors of America, having a value of $206,629.30 as determined by the unit prices established by said Chapter 28, and $47,260.55 cash paid to the City, which amount includes $41,305.02 cash for adjacent C� Regular City Council Meeting January 12, 2006 Page 7 lines, with Carl Mortensen, the developer, to receive a refund of $69,940.10 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $69,940.10 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 12th day of January, 2006 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin P.E., Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ John M. Knight for Linda Chamales Senior Attorney/Office Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with subdivision regulations. The total cost of the improvements is $253,889.85 that includes the cost of construction totaling $206,629.30 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock for these improvements is $47,260.55 that includes $41,305.02 as adjacent mains and $5,955.53 in plan review, inspection, and testing fees. The developer, Carl Mortensen, will receive a refund of $69,940.10 in accordance with Chapter 28 as development utilizes these improvements. The subdivision is located between 861h and 90`h Streets and Sherman Avenue and Avenue U. FISCAL IMPACT This is a routine transfer of ownership of water and sewer lines installed in new subdivisions from the Developer to the City. The value of the system is added to the City and there are no expenditures involved in accepting ownership. The system, when accepted, will produce revenue to the City through the sale of water and sewer services to the public. Staff recommended approval. 7 Regular City Council Meeting January 12, 2006 Page 8 5.8. Water and Sanitary Sewer Improvements Resolution — Water Utilities: Resolution No. 2006-R0004 authorizing acceptance of water and sanitary sewer improvements for Lots 388-475, Meadows South Addition to the City of Lubbock, Lubbock County, Texas, bound by 1041h Street, 1051h Street, Chicago Avenue, and Durham Avenue. RESOLUTION NO.2006-R0004 A RESOLUTION ACCEPTING LOTS 388-475, MEADOWS SOUTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 388-475, Meadows South Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $211,243.66 with the improvements constructed by Weaver Ditching Services, Inc., having a value of $160,756.50 as determined by the unit prices established by said Chapter 28, and $3,207.03 cash paid to the City, $47,280.13 credited from previous phases of Meadows South Addition, and $0.00 cash for adjacent lines, with Scott Mackenzie, Lubbock South Meadows Development, Inc., the developer, to receive a refund of $21,992.30 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $21,992.30 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin P.E., Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ John M. Knight for Linda Chamales Senior Attorney/Office Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with subdivision regulations. The total cost of the improvements is $211,243.66 that includes the cost of construction totaling $160,756.50 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Regular City Council Meeting January 12, 2006 Page 9 Cash paid to the City for these improvements is $3,207.03 that includes $0.00 as adjacent mains and $3,207.03 in plan review, inspection, and testing fees. The developer, Lubbock South Meadows Development, Inc., will receive a refund of $21.992.30 in accordance with Chapter 28 as development utilizes these improvements. The subdivision is located between 1041h and 1051h Streets and Chicago and Durham Avenues. FISCAL IMPACT This is a routine transfer of ownership of water and sewer lines installed in new subdivisions from the Developer to the City. The value of the system is added to the City and there are no expenditures involved in accepting ownership. The system, when accepted, will produce revenue to the City through the sale of water and sewer services to the public. Staff recommended approval. 5.9. Water and Sanitary Sewer Improvements Resolution — Water Utilities: Resolution No. 2006-R0005 authorizing acceptance of water and sanitary sewer improvements for Lots 476-523, Meadows South Addition to the City of Lubbock, Lubbock County, Texas, bound by 981h Street, 100th Street, Durham Avenue, and Elkhart Avenue. RESOLUTION NO.2006-R0005 A RESOLUTION ACCEPTING LOTS 476-523, MEADOWS SOUTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 476-523, Meadows South Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $103,775.54 with the improvements constructed by Weaver Ditching Services, Inc., having a value of $76,027.00 as determined by the unit prices established by said Chapter 28, and $1,529.59 cash paid to the City, $26,218.95 credited from previous phases of Meadows South Addition, and $0.00 cash for adjacent lines, with Scott Mackenzie, Lubbock South Meadows Development, Inc., the developer, to receive a refund of $11,982.90 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $11,982.90 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. E Regular City Council Meeting January 12, 2006 Page 10 Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin P.E., Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ John M. Knight for Linda Chamales Senior Attorney/Office Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with subdivision regulations. The total cost of the improvements is $103,775.54 that includes the cost of construction totaling $76,027.00 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City for these improvements is $1,529.59 that includes $0.00 as adjacent mains and $1,529.59 in plan review, inspection, and testing fees. The developer, Lubbock South Meadows Development, Inc., will receive a refund of $11,982.90 in accordance with Chapter 28 as development utilizes these improvements. The subdivision is located between 98th and 100th Streets and Durham and Elkhart Avenues. FISCAL IMPACT This is a routine transfer of ownership of water and sewer lines installed in new subdivisions from the Developer to the City. The value of the system is added to the City and there are no expenditures involved in accepting ownership. The system, when accepted, will produce revenue to the City through the sale of water and sewer services to the public. Staff recommended approval. 5.10. Grant Application Resolution — Solid Waste: Resolution No. 2006-R0006 authorizing the filing of a $39,300 grant application in response to a request for proposal from South Plains Association of Governments and the Texas Commission on Environmental Quality, for FY 2005-06 solid waste grant programs, for funding to purchase equipment for the City's recycling programs. RESOLUTION NO.2006-R0006 A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE South Plains Association of Governments FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE MAYOR TO ACT ON BEHALF OF THE CITY OF LUBBOCK IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED BY THE CITY OF LUBBOCK WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE South Plains Association of Governments, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. 10 Regular City Council Meeting January 12, 2006 Page 11 WHEREAS, the South Plains Association of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste grant funds for implementation the COG's adopted regional solid waste management plan; and WHEREAS, the City of Lubbock in the State of Texas is qualified to apply for grant funds under the Request for Applications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 1. That the Mayor is hereby authorized to request grant funding under the South Plains Association of Governments Request for Applications of the Regional Solid Waste Grants Program and act on behalf of the City of Lubbock in all matters related to the grant application and any subsequent grant contract and grant project that may result. 2. That if the project is funded, the City of Lubbock will comply with the grant requirements of the South Plains Association of Governments, Texas Commission on Environmental Quality and the State of Texas. 3. The grant funds and any grant -funded equipment or facilities will be used only for the purposes for which they are intended under the grant. 4. That activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. PASSED AND APPROVED by the City Council of the City of Lubbock, on this the 12th day of January, 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra Frankhouser Debra Frankhouser, Manager of Collections APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Attorney of Counsel HB 3072 mandates that the Texas Commission on Environmental Quality return to local governments a portion of the state surcharge ($1.25 per ton) collected on landfill tipping fees. The funds are apportioned to the Council of Governments based on a formula that includes, but is not limited to, population, need, and number of counties in the Council area. The Councils then conduct a competitive grant application process to address the needs of their specific region. This year, South Plains Association of Governments (SPAG) has $175,000 available for pass -through implementation projects. The contribution from the City's portion of the state surcharge was approximately $250,000 during FY 2005. _ The City of Lubbock Solid Waste Department's $39,300 grant application is for the purchase of equipment that will be used at the recycling drop-off centers and for other recycling programs. The specific pieces of equipment include: • 12 x 14 foot prefabricated metal building to be used as a reuse building where materials like paint, which are considered a household hazardous waste, can be pulled from the disposal waste stream and stored in the building until an approved reuse alternative is identified. 11 Regular City Council Meeting January 12, 2006 Page 12 • Skid loader to be used in plastic recycling operation and other recycling activities. Estimated cost is $22,500. • Three 400 gallon used oil collection/storage containers to replace existing containers. Estimated cost is $9,300. FISCAL IMPACT The only impact on the operating budget will be the operating and maintenance cost of the equipment, which will be minimal. Staff recommended approval. 5.11. Contract Resolution — Legislation: Resolution No. 2006-R0007 authorizing the Mayor to execute a contract between the City and Meyers & Associates for legislative counseling services. RESOLUTION NO.2006-R0007 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 Agreement for federal legislative counseling services and any related documents with Meyers & Associates, a copy of which Agreement 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. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Dixon Platt Dixon Platt, Chief of Staff APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2006-R0007. Meyers & Associates specializes in providing governmental relations services in federal legislative and administrative matters. The City currently has a contract with them that expired December 31, 2005. Under the terms of the current contract this agreement can be renewed for an additional year and the retainer may be raised from $7,000 per month plus expenses not to exceed $1,000 to $8,000 per month plus expenses not to exceed $1,000. FISCAL IMPACT This agreement represents an annual increase of $12,000. A budget amendment is submitted as a separate item on this agenda. Staff recommended the renewal of this contract. 5.12. Contract Resolution — Legislation: Resolution No. 2006-R0008 authorizing the Mayor to execute a contract between the City and Hance Scarborough Wright Woodward & Weisbart for legislative counseling services. 12 Regular City Council Meeting January 12, 2006 Page 13 RESOLUTION NO.2006-R0008 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT: the Mayor of the City of Lubbock BE and hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for State legislative consulting services between the City of Lubbock and HANCE SCARBOROUGH WRIGHT WOODWARD & WEISBART, and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Dixon Platt Dixon Platt, Chief of Staff APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2006-R0008. — Hance Scarborough Wright Woodward & Weisbart specializes in providing governmental relations services in federal legislative and administrative matters. The City currently has a contract with them that expired December 31, 2005. Under the terms of this contract the City agrees to pay $7,500 per month from January through December 2006, $12,500 per month from January 2007 through June 2007, and $7,500 per month from July 2007 through December 2007. FISCAL IMPACT This agreement represents a two-year contract. A budget amendment is submitted as a separate item on this agenda. Staff recommended the renewal of this contract. 5.13. Contract Resolution — Community Development: Resolution No. 2006-R0009 authorizing the Mayor to execute a Community Development funding contract from the HOME Partnership grant, and all related documents, between the City and the Community Housing Resource Board to be used for operations/administration of programs. RESOLUTION NO.2006-R0009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Contract by and between the City of Lubbock and Community Housing Resource Board from the HOME Partnership Grant for a CHDO Operations Program. Said Contract is incorporated in this Resolution and is available for review in the City Secretary's office, as if fully set forth herein and shall be included in the minutes of the Council. 13 Regular City Council Meeting January 12, 2006 Page 14 Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bill Howerton, Jr. Bill Howerton, Jr., Community Development Director APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2006-R0009. Grantee: Community Housing Resource Board (CHRB) Program: CHDO Operations Funding Source: 2005-2006 Home Partnership Grant Fiscal Impact: There is no fiscal impact on the General Fund involved with this project or contract. The funds used are federal funds from the Community Development Block Grant. The maximum to be allocated to this project is $50,000. If the project runs over budget neither federal funds nor funds from the General Fund will be impacted. Use of Funds: The funds will be used to partially pay for operations associated with the administration of programs currently being offered by the Community Housing Resource Board. Amount: $50,000 Match: Not required for CHDO Operations. Return of Investment: Not required for CHDO Operations. Term: January 12, 2006 through September 30, 2007 Comments: Funding for this contract was approved by City Council at the June 23, 2005 City Council meeting. The contract is available for review in the City Secretary's Office. Staff recommended approval. 5.14. Contract Resolution — Community Development: Resolution No. 2006-R0010 authorizing the Mayor to execute a Community Development funding contract from the HOME Partnership grant, and all related documents, between the City and the Community Housing Resource Board to be used for the purchase and rehab of homes for the lease purchase program. RESOLUTION NO.2006-R0010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Contract by and between the City of Lubbock and Community Housing Resource Board from the HOME Partnership Grant for a Lease/Purchase XI Program. Said Contract is incorporated in this Resolution and is available for review in the City 14 Regular City Council Meeting January 12, 2006 Page 15 Secretary's office, as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bill Howerton, Jr. Bill Howerton, Jr., Community Development Director APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2006-R0010. Grantee: Community Housing Resource Board (CHRB) Program: Lease/Purchase XI Program Funding Source: 2005-2006 HOME Partnership Grant Fiscal Impact: There is no fiscal impact on the General Fund involved with this project or contract. The funds used are federal funds from the Community Development Block Grant. The maximum to be allocated to this project is $188,094. If the project runs over budget neither federal funds nor funds from the General Fund will be impacted. Use of Funds: These funds will be used to purchase houses to be made available for lease purchase to low -to -moderate income families Amount: $188,094 Match: Not required for CHDO projects. Return of Investment: Grantee has the option of reinvesting program funds back into the Lease Purchase Program or can repay 25% of the grant amount used for the completion of the project as outlined in the Citizens' Guide. Term: January 12, 2006 through September 30, 2007 Comments: Funding for this contract was approved by City Council at the June 23, 2005 City Council meeting. The contract is available for review in the City Secretary's Office. Staff recommended approval. 5.15. Contract Resolution — Community Development: Resolution No. 2006-R0011 authorizing the Mayor to execute a Community Development funding contract from the HOME Partnership grant, and all related documents, between the City and the Community Housing Resource Board to be used for the new construction of handicapped accessible rental units. RESOLUTION NO.2006-R0011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Contract by and between the City of Lubbock and Community Housing 15 Regular City Council Meeting January 12, 2006 Page 16 Resource Board from the HOME Partnership Grant for a Handicapped Accessible Rental Project. Said Contract is incorporated in this Resolution and is available for review in the City Secretary's office, as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bill Howerton, Jr. Bill Howerton, Jr., Community Development Director APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2006-R0011. Grantee: Community Housing Resource Board (CHRB) Program: Handicapped Accessible Rental Project Funding Source: 2005-2006 HOME Partnership Grant Fiscal Impact: There is no fiscal impact on the General Fund involved with this project or contract. The funds used are federal funds from the Community Development Block Grant. The maximum to be allocated to this project is $178,697. If the project runs over budget neither federal funds nor funds from the General Fund will be impacted. Use of Funds: These funds will be used to for the new construction of handicapped accessible rental units made available for low -to -moderate handicapped individuals. Amount: $178,697 Match: Not required for CHDO projects. Return of Investment: Grantee has the option of reinvesting program funds back into the Handicapped Accessible Rental Program or can repay 25% of the grant amount used for the completion of the project as outlined in the Citizens' Guide. Term: January 12, 2006 through September 30, 2007 Comments: Funding for this contract was approved by City Council at the June 23, 2005 City Council meeting. The contract is available for review in the City Secretary's Office. Staff recommended approval. 5.16. Contract Resolution — Community Development: Resolution No. 2006-R0012 authorizing the Mayor to execute a Community Development funding contract from the Community Development Block grant, and all related documents, between the City and McDonald Transit Associates, Inc. d/b/a Citibus. 16 Regular City Council Meeting January 12, 2006 Page 17 RESOLUTION NO. 2006-R0012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Contract by and between the City of Lubbock and McDonald Transit Associates, Inc. d.b.a. Citibus from the Community Development Block Grant. Said Contract is incorporated in this Resolution and is available for review in the City Secretary's office, as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bill Howerton, Jr. Bill Howerton, Community Development Director APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2006-R0012. Grantee: McDonald Transit Associates, Inc. d/b/a Citibus Program: Citibus Shelter Project Funding Source: 2004-2005 Community Development Block Grant Fiscal Impact: There is no fiscal impact on the General Fund involved with this project or contract. The funds used are federal funds from the Community Development Block Grant. The maximum to be allocated to this project is $85,000. If the project runs over budget neither federal funds nor funds from the General Fund will be impacted. Use of Funds: The funds for this program will be used for the construction of shelters and benches that will provide a safe environment for Citibus clients as they wait for bus service. Amount: $85,000 Match: 25% Return of Investment: Not required for this project since improvements will revert back to the possession of the City if Citibus stops providing services to the community. Term: January 12, 2006 through September 30, 2006 Comments: Funding for this contract was approved by City Council at the June 9, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. Staff recommended approval. 5.17. Reappointments Declaration — City Secretary: Declare two reappointments to the Lubbock Housing Authority. Lubbock Housing Authority has seven members. All are appointed directly by the Mayor, per Texas Housing Authority Law (Texas Local Government Code 17 Regular City Council Meeting January 12, 2006 Page 18 392.0331) without confirmation from City Council. The Mayor has reappointed two members. Housing Authority: Stephanie Hill, reappointment Dr. Juan Munoz, reappointment 5.18. This item was moved from consent agenda and considered following Item 4.1. 5.19. Purchase Resolution — Police Department: Resolution No. 2006-R0013 for eyewitness video systems and Eagle radar systems. RESOLUTION NO.2006-R0013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards purchase of the property described as eyewitness video systems and eagle radar systems, as more particularly described in that certain contract pricing worksheet from H-GAC (the "Property"), to Kustom Signals, Inc. of Rockwall, Texas. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Purchasing and Contract Management or his/her designee, BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock any and all purchase orders and related documents regarding the purchase of the Property. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney This item is for the purchase of 69 eyewitness video systems and radar systems through the Houston -Galveston Area Council (H-GAC) Cooperative Purchasing Program. This equipment will be installed in replacement police vehicles and new recruit vehicles. H-GAC is a regional planning commission created under Acts of the 591h Legislature, Regular Session, 1965, re -codified as Texas Local Government Code, Chapter 391. FISCAL IMPACT A total of $285,246 was appropriated with $285,246 available in account number 100.9220 — Police Car Upgrade. Staff recommended contract award to Kustom Signals, Inc. of Rockwall, Texas for $285,246. Regular City Council Meeting January 12, 2006 Page 19 5.20. Purchase Resolution — Fleet Services: Resolution No. 2006-R0014 for well pulling pump rig body — BID #05-139/MA. RESOLUTION NO.2006-R0014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards Bid # 05-139-MA (the "Bid"), respecting the property described as well pulling pump rig body, as more particularly described in the Bid (the "Property"), to Smeal Manufacturing Company of Snyder, Nebraska. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Purchasing and Contract Management or his/her designee, BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock any and all purchase orders and related documents regarding the purchase of the Property pursuant to the Bid. Passed by the City Council this 12th day of January, 2006 /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ Don Vandiver for Richard K. Casner First Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2006-R0014. This bid is for the purchase of one water well pulling unit that is used in the maintenance of the City owned well fields. The City operates a number of well fields including the water supply well field in Bailey County and park wells in Lubbock. The equipment is used to pull out well pumps and related equipment for repair, replacement, and rehab work. It can also be used as a heavy-duty wench to lift and move heavy items and as a general repair or service rig. Water utility staff use the equipment 3 to 4 days a week for well maintenance activities. If a unit is not available, the City will have to contract for well pulling services. By owning and operating the equipment the City is able to respond quickly to keep wells operating to meet water demands throughout the year and especially through the summer months when water demand is greatest. The recommended purchase will replace 1993 equipment that is now almost 13 years old. The life cycle of this equipment is approximately 12 to 20 years. The cab and chassis for the unit were purchased separately and the well pulling unit will be installed on the cab and chassis. There are no local manufacturers of this type of specialized equipment. A total of 13 vendors viewed the specifications. After three attempts to obtain pricing 19 Regular City Council Meeting January 12, 2006 Page 20 for this item, the City only received one bid from Smeal Manufacturing located in Snyder, Nebraska. FISCAL IMPACT $70,000 is available in account number 221.2606. The original approved budget in this account is $3,350,695. Staff recommended award of the contract to Smeal Manufacturing Company of Snyder, Nebraska for $66,110. 5.21. Purchase Resolution — Street Department: Resolution No. 2006-R0015 for roll -off containers — BID #05-128/BM. RESOLUTION NO.2006-R0015 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards Bid # 05-128-BM (the "Bid"), respecting the property described as roll -off containers, as more particularly described in the Bid (the "Property"), to Roll -Offs USA, Inc. of Durant, Oklahoma. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Purchasing and Contract Management or his/her designee, BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock any and all purchase orders and related documents regarding the purchase of the Property pursuant to the Bid. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ Don Vandiver for Richard K. Casner First Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2006-R0015. This bid is for the purchase of seven 20-cubic yard and three 30-cubic yard roll -off containers for the Street Cleaning Department. These containers will provide additional dumping capacity and reduce the number of required trips to the landfill. Fifteen local companies were notified of this Invitation to Bid and none responded. FISCAL IMPACT A total of $366,008 was appropriated with $366,008 available in account number 6512.8704 - Street Cleaning-rent/lease machine. Staff recommended contract award to Roll -Offs, USA, Inc. of Durant, Oklahoma for $37,847. 20 Regular City Council Meeting January 12, 2006 Page 21 5.3. School Zones Ordinance 1" Reading — Traffic Engineering: Ordinance No. 2006-00001 amending section 16-175.2 of the Code of Ordinances of the City of Lubbock regarding reduced speed limits for school zones, adding a new school zone on 108th Street, 350 feet either side of Gary Avenue in front of Cooper North Elementary School. ORDINANCE NO.2006-00001 AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SCHOOL ZONES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. This ordinance includes the following: adding a new school zone on 1081h Street at Gary Avenue for the Cooper North Elementary School. The Citizens Traffic Commission has recommended approval of this school zone upon request by Lubbock Cooper I.S.D. FISCAL IMPACT This addition will cost approximately $500 annually in maintenance with no utility cost anticipated due to the use of solar powered L.E.D. lights. The initial installation cost will be approximately $15,000 and will be funded by capital project 90378 - Traffic Signals New Locations 2 with $177,000 available. The Traffic Engineering Department, Citizens Traffic Commission, and the Legal Department recommended approval. Council Member DeLeon expressed her concerns with the speed limits in school zones, in particular at O.L. Slaton Junior High School on Avenue Q. Jere Hart, Traffic Engineer, gave comments and answered questions from Council. Hart will e-mail Council Members information on the punishment phase of those who speed through school zones. Motion was made by Council Member DeLeon, seconded by Council Member Boren to pass on first reading Ordinance No. 2006-00001 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.4. Street Use License Resolution — Right -of -Way: Resolution No. 2006-R0016 authorizing the Mayor to execute a street use license with MarkWest Power Tex, LP for an underground pipeline in the street right-of-way of Erskine Street from just west of North Milwaukee Avenue to just east of North Utica Avenue. RESOLUTION NO.2006-R0016 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for a Street Use License for an underground pipeline, by and between the City of Lubbock and MarkWest Power Tex L.P., 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. 21 Regular City Council Meeting January 12, 2006 Page 22 Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2006-R0016. In 1985 a franchise was given to Power -Tex Joint Venture by the City Council through Ordinance No. 8810 for the installation of a natural gas pipeline that was installed in the north right-of-way of Erskine Street from just west of Milwaukee Avenue to just east of North Utica. From that point the pipeline turned south to serve the Texas Tech/LP&L electrical plant at Indiana Avenue and Brownfield Highway. The franchise has expired and this street -use license will replace it for a term of 20 years. The City will receive $596.61 per year or $2,983.05 for the first five-year term. FISCAL IMPACT Yearly revenue of $596.61 to the City. Staff recommended approval of this resolution. Ed Bucy, Right -of -Way Agent, and Larry Hertel, City Engineer, gave comments and answered questions from Council. City Attorney Anita Burgess also gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to pass Resolution No. 2006-R0016 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting, December 1, 2005 Motion was made by Council Member Gilbreath, seconded by Council Member Jones to approve the minutes of the Regular City Council Meeting of December 1, 2005 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.18. Purchase Resolution — Fire Department: Resolution No. 2006-R0017 for laptop computers, mounting hardware, and accessories for all front line engines, command, and Chiefs' vehicles. RESOLUTION NO. 2006-R0017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards purchase of the property described as laptop computers, mounting hardware and accessories, as more particularly described in the Quote Confirmation from Insight (the "Property"), to Insight of Tempe, Arizona. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 22 Regular City Council Meeting January 12, 2006 Page 23 THAT the Director of Purchasing and Contract Management or his/her designee, BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock any and all purchase orders and related documents regarding the purchase of the Property. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney This item involves the purchase of laptop computers, mounting hardware, and accessories through a 70/30 matching Homeland Security Grant for all front line engines, command and Chiefs' vehicles through the Catalog Information Systems Vendor (CISV) Purchasing Program. These computers will free up local emergency radio traffic, provide First Responders the ability to receive emergency information concurrent with EMS, and share emergency incident information with local public safety agencies. The CISV Purchasing Program allows state agencies to purchase automated information systems products and services in an efficient, cost effective, and competitive procurement method under Texas Administrative Code 113.19 and Texas Government Code, Title 10, Subtitle D, Chapter 2157. FISCAL IMPACT A total of $166,320 was appropriated with $166,320 available in account number 87020.9146 - Miscellaneous Computer Equipment. Staff recommended contract award to Insight of Tempe, Arizona for $123,741.01. Fire Chief Steve Halley gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass Resolution No. 2006-R0017 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.22. Contract Resolution — Facilities Management: Resolution No. 2006-R0018 for Municipal Building parking; structure repair — BID #05-147/MA. RESOLUTION NO.2006--R0018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for total demolition of the municipal building parking structure, Bid #05-147-MA, by and between the City of Lubbock and Minnix Commercial Partners, LTD of Lubbock, Texas, 23 Regular City Council Meeting January 12, 2006 Page 24 and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Harlan Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of January, 2006, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and MINNIX COMMERCIAL PARTNERS, LTD., of the City of LUBBOCK, County of LUBBOCK, and the State of TEXAS, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #05-147-MA - MUNICIPAL BUILDING PARKING STRUCTURE REPAIR - $24,777.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ME I Regular City Council Meeting January 12, 2006 Page 25 C•Z•]�fl ll:7_:C • MINNIX COMMERCIAL PARTNERS, LTD By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: Managing Partner COMPLETE ADDRESS: MINNIX COMMERCIAL PARTNERS, LTD PO Box 64895 Lubbock, TX 79464-4895 ATTEST: /s/ Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) By: /s/ Marc McDougal Mayor ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Owner's Representative /s/ Director APPROVED AS TO FORM: /s/ John M. Knight for City Attorney This project involves the repair of the south portion of the parking canopy at the Municipal Building. The first interior columns from the south end of the canopy are supported on shallow concrete footings located next to the drainage channel that carries all water runoff from American State Bank. This condition has resulted in settlement of the footings of approximately four inches. The settling has caused excessive water ponding on the roof and elements of the overhead structure to break apart. Repair design was prepared by RTR Engineers, Inc. Repairs require shoring of the supporting beam above the columns, removal of the settling columns and footings, drilling and pouring new supporting piers, replacing the columns, and repairing all broken or damaged components of the covered parking structure. Time for completion of this project is 30 consecutive calendar days and liquidated damages are $250 per day. Forty-two local companies were notified of this Invitation to Bid and two responded. The bids ranged from $41,683 to $47,000. The company providing the low bid was Minnix Commercial Partners, Ltd. Minnix Commercial has successfully completed many projects of similar size for the City. Also obtained was an alternate bid for the total demolition of the parking canopy and repair of the newly exposed marble crete wall area of the Municipal Building. Bids ranging from $24,777 to $39,000 were received from the same two companies. Minnix Commercial Partners, Ltd. provided the low bid. This alternate for demolition is 60% of repair costs. FISCAL IMPACT A total of $340,000 was appropriated with S50,000 available in account 90394 - City Hall Renovations. Staff recommended contract award to Minnix Commercial Partners, Ltd. of Lubbock, Texas for $41,683 to repair the covered parking structure. Assistant City Manager Quincy White gave comments and answered questions from Council. 25 Regular City Council Meeting January 12, 2006 Page 26 Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2006-R0018 with an amendment to remove the parking canopy. Motion carried: 5 Ayes, 2 Nays. Council Members DeLeon and Price voted Nay. 5.23. Contract Resolution — Street Department: Resolution No. 2006-R0019 for 2006 secondary streets maintenance program — BID #05-141/BM. RESOLUTION NO.2006-R0019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the 2006 Secondary Streets Maintenance Program, Bid #05-141-BM, by and between the City of Lubbock and Lone Star Dirt & Paving Contracting of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 121h day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of January, 2006, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Lone Star Dirt & Paving Contracting, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #05-141-BM - 2006 SECONDARY STREETS MAINTENANCE PROGRAM - $938,121.80 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. Lone Star Dirt & Paving Contracting's bid dated December 21, 2005 is incorporated into and made a part of this agreement. 26 Regular City Council Meeting January 12, 2006 Page 27 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR Lone Star Dirt & Paving Contracting /s/ Steve Turner PRINTED NAME: Steve Turner TITLE: Vice President COMPLETE ADDRESS: Lone Star Dirt & Paving Contracting 11820 University Avenue Lubbock, TX 79403 ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) By: /s/ Marc McDougal Mayor ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Robert C. Cook Owner's Representative /s/ Larry Hertel Director APPROVED AS TO FORM: /s/ Don Vanidver City Attorney This project will provide patching, single course preventative maintenance, and two course rehabilitative maintenance seal coating on selected streets throughout the City. Various patching items will be used to repair failed areas on the selected streets or to install new valley gutters to smooth some dip areas. Patching is scheduled to begin February 2006 on the streets to be sealed and the seal coating is scheduled to begin May 2006 with completion by September 2006. Twenty-four local companies were notified of this Invitation to Bid and one responded. FISCAL IMPACT A total not to exceed $900,000 was appropriated with $900,000 available in account numbers 4531.9240 and 241.8302 - FY2005-06 Seal Coat. This is a unit price contract and the City's obligation for performance of this contract is subject to the availability of appropriated funds. This contract spans fiscal years 2005-06 and 2006-07. The contract amount over the FY 2005-06 amount will be subject to FY 2006-07 appropriation. Staff recommended contract award to Lone Star Dirt & Paving Contracting of Lubbock, Texas for $938,121. City Engineer Larry Hertel, City Manager Lee Ann Dumbauld, and Construction Inspector John Summers gave comments and answered questions from Council. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tem Martin to pass Resolution No. 2006-R0019 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 27 Regular City Council Meeting January 12, 2006 Page 28 5.24. Contract Resolution — Street Department: Resolution No. 2006-R0020 for 2006 primary streets maintenance program — BID 405-140/BM. RESOLUTION NO. 2006-R0020 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the 2006 Primary Streets Maintenance Program, Bid #05-140-13M, by and between the City of Lubbock and Lone Star Dirt & Paving Contracting of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12'' day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of January, 2006, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Lone Star Dirt & Paving Contracting, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #05-140-13M - 2006 PRIMARY STREETS MAINTENANCE PROGRAM - $1,000,045.60 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. Lone Star Dirt & Paving Contracting's proposal dated December 21, 2005 is incorporated into and made a part of this agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. 28 Regular City Council Meeting January 12, 2006 Page 29 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR Lone Star Dirt & Paving Contracting By: /s/ Steve Turner PRINTED NAME: Steve Turner TITLE: Vice President COMPLETE ADDRESS: Lone Star Dirt & Paving Contracting 11820 University Avenue Lubbock, TX 79423 ATTEST: /s/ Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) By: /s/ Marc McDougal Mayor ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Robert C. Cook Owner's Representative /s/ Larry D. Hertel Director APPROVED AS TO FORM: /s/ Don Vandiver City Attorney This project will provide for patching, single course preventative maintenance, and two course rehabilitative maintenance seal coating on selected primary streets throughout the City. The various patching items will be used to repair failed areas on the selected streets or to install new valley gutters to smooth some dip areas. The patching is scheduled to begin February 2006 on streets to be sealed and the seal coating is scheduled to begin May 2006 with completion by August 2006. Twenty-four local companies were notified of this Invitation to Bid and two responded. FISCAL IMPACT A total not to exceed $950,000 was appropriated with $950,000 available in account number 4531.9240 and 241.8302 - 05-06 Seal Coat. A total not to exceed $900,000 was appropriated with $900,000 available in account numbers 4531.9240 and 241.8302 - FY2005-06 Seal Coat. This is a unit price contract and the City's obligation for performance of this contract is subject to the availability of appropriated funds. This contract spans fiscal years 2005-06 and 2006-07. The contract amount over the FY 2005-06 amount will be subject to FY 2006-07 appropriation. Staff recommended contract award to Lone Star Dirt & Paving Contracting of Lubbock, Texas for $1,000,045.60. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tem Martin to pass Resolution No. 2006-R0020 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 29 Regular City Council Meeting January 12, 2006 Page 30 6. REGULAR AGENDA 6.1. Public Hearing — 10:00 AM — Zoning: Ordinance No. 2006-00002 ZONE CASE NO. 1643-B (7302 Indiana Avenue) — Ordinance I" Reading: Hold a public hearing to consider the request of Benny Nixon (for 357 Street Properties L.P.) for a zoning change from C-2 to C-3 for a quick oil change facility on Tract P, Melonie Park South Addition. ORDINANCE NO. 2006-00002 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1643-B; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON TRACT P, MELONIE PARK SOUTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:14 a. in. No one appeared on behalf of 357 Street Properties L.P. No one appeared in opposition. Mayor McDougal closed the hearing at 10:15 a. in. The request will allow the conversion of a former convenience store location to a quick -change oil facility. Adjacent land use: North — commercial South — residential East — commercial West - commercial The corner at Loop 289 and Indiana Avenue would normally be eligible for C- 3 zoning. The bay doors are projected to be facing west, which will reduce any impact on the residential to the south. The use will be far less intrusive than the 24-hour convenience store that is being removed. The property owner to the west supports the request with one condition that is addressed below (repair of the existing fence). The Planning Commission recommended the request with three conditions: 1. The use of the land shall be limited to one permitted C-3 use (quick tune or quick oil change facility) and all permitted C-2 uses. 2. Replace the wood pickets in the existing fence on the west line. 3. Tied generally to Site Plan 1643-B presented during the meeting. It is an initial plan and the structure may need to move slightly one direction or another. Staff supports the recommendation with the conditions as proposed by the Commission. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00002 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.2. Public Hearing — 10:00 AM — Zoning: Ordinance No. 2006-00003 ZONE CASE NO. 3054 (Indiana Avenue and 122°d Street) — Ordinance V Reading: Hold a public hearing to consider the request of Nolan Greak for a zoning change from T to IHC on Lots 1-7, 10, 12, the west 225 feet of Lots 8, 9, and 14, the west 35 feet of Lots 11 and 13, and the west 660 feet of Tract A, Huntington Business Park Addition. 30 Regular City Council Meeting January 12, 2006 Page 31 ORDINANCE NO.2006-00003 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3054; A ZONING CHANGE FROM T TO IHC ZONING ON LOTS 1-7, 10 AND 12, THE WEST 225 FEET OF LOTS 8,9 AND 14, THE WEST 35 FEET OF LOTS 11 AND 13, AND THE WEST 660 FEET OF TRACT A, HUNTINGTON BUSINESS PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:14 a. m. No one appeared on behalf of Nolan Greak. No one appeared in opposition. Mayor McDougal closed the hearing at 10:15 a. m. The request is property located within the newly annexed area between Indiana Avenue/Slide Road/1141h Street/FM 1585. Staff has yet to complete the proposed Comprehensive Land Use Plan amendment for the two square mile area, but during the annexation, staff and City Council made a commitment to the developer of this subdivision that a follow-up Interstate Commercial zone case would be supported to compliment the current deed restrictions and level of commercial development that has occurred in the area. Adjacent land uses are substantially vacant in all directions with the exception of the rest of this commercial subdivision to the east. Staff is supportive of the request in that it will be illustrated on the forthcoming Comprehensive Land Use Plan as committed during the annexation. Future development will be consistent with the Interstate Commercial District and the current deed restrictions were modeled from the district when the subdivision was platted in the County. The Planning Commission recommended approval of the request. Staff supports the Planning Commission recommendation. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00003 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.3. This item was considered following Item 6.4. 6.4. Public Hearing — 10:00 AM — Zoning: Ordinance No. 2006-00004 ZONE CASE NO. 3008-A (5735 19th Street) — Ordinance V Reading: Hold a public hearing to consider the request of Bradley J. Butcher & Associates (for Mudhen Espresso) for a zoning change from C-3 to C-4 limited to a drive -through restaurant and all unconditionally permitted C-3 uses on a 3,200 square foot portion of Tract U-1-A, Greenlawn Addition. ORDINANCE NO.2006-00004 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3008-A; A ZONING CHANGE FROM C-3 TO C-4 ZONING LIMITED TO A DRIVE THROUGH RESTAURANT, AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON 3,200 SQUARE FEET PORTION OF TRACT U-1-A, GREENLAWN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:14 a. in. Scott Bagwell appeared on behalf of Mudhen Espresso. No one appeared in opposition. Mayor McDougal closed the hearing at 10:15 a. in. The applicant is requesting a kiosk style building on the shopping center parcel at 19`h Street and Frankford Avenue. Due to the fact that the product is food (coffee or other pick-up drinks) with no inside seating, the zoning ordinance requires that the zoning be C-4 as a drive through restaurant. 31 Regular City Council Meeting January 12, 2006 Page 32 Adjacent land uses are commercial in all directions. The proposal is structured to accommodate only the kiosk from the C-4 District and will allow all the permitted uses currently available in the C-3 zoning if the business is removed or replaced by another tenant. The proposal is consistent with the Comprehensive Land Use Plan in that 19`h Street is a regional thoroughfare, and is acceptable particularly since only one use on one small spot is being proposed for zoning as C-4. As noted, if the kiosk ceases to be used for drive through food service, the zoning will remain the current designation of C-3. The proposal should have no effect on parking in the center, particularly since this center is under-utilized. The request meets zoning policy. The project should have no effect on the thoroughfare plan. The Planning Commission recommended the request with the following condition: The single permitted C-4 use is a drive through coffee or other beverage facility. Otherwise the land shall be used for uses permitted within the C-3 District. Staff supports the recommendation. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00004 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.3. Public Hearing — 10:00 AM — Zoning: Ordinance No. 2006-00005 ZONE CASE NO. 2939-C (171h Street and Inler Avenue) — Ordinance V Reading: Hold a public hearing to consider the request of Hugo Reed and Associates, Inc. (for Cactus Pointe, Ltd.) for a zoning change from R- 1 Specific Use to R-1 Specific Use for 15 foot front setbacks, 5 foot front setbacks for cul-de-sac lots, 5 foot side setbacks on corner lots, 5 foot side setback for fences on corner lots, and 20 foot setback for garages. ORDINANCE NO.2006-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2939-C; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON SECTION 3, BLOCK D-6, PROPOSED WILLOW BEND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Martin opened the public hearing at 10:16 a. in. No one appeared on behalf of Cactus Pointe, Ltd. No one appeared in opposition. Mayor Pro Tem Martin closed the hearing at 10:16 a. m. The request follows the recent trend to reduce front setback in residential subdivisions. Traditional setback has been twenty-five feet; the latest request in residential has been twenty feet. The request in this case is for fifteen feet for the non -garage portion of the homes. The fifteen is standard in town home and garden home developments, so there is a precedent and there should be no effect on public safety and welfare. The front yards will simply be smaller. If the setback creates a sales issue, that is not a public issue but a developer issue. Adjacent land uses: Adjacent land uses and zoning in all directions is single family with the exception of some inherited non -conforming commercial east of Inler Avenue. The request is limited to the row of short cul-de-sac lots adjacent to Inler Avenue where the State of Texas, through the Texas Department of Transportation, has restricted the number of streets intersecting with FM 179 (Inler Avenue). The length of the blocks with the reduced setback will only be 344 feet. 32 Regular City Council Meeting January 12, 2006 Page 33 The project, as residential, does not rise to the level of a Comprehensive Land Use Plan issue, and is relatively consistent with zoning policy so long as any garage or front yard parking has a twenty -foot setback. The Planning Commission recommended the request with one condition regarding setback: The minimum front setback for non cul-de-sac lots shall be fifteen feet, with the exception that any parking pad or garage entering from the street shall be twenty feet. The minimum side setback for corner lots and front setback for cul-de-sac lots shall be five feet (subject to the same twenty foot rule for garage and parking pads). Staff supports the Planning Commission recommendation. Motion was made by Council Member Boren, seconded by Council Member Jones to pass on first reading Ordinance No. 2006-00005 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Mayor McDougal recused himself. 6.5. Group/Personal Care Homes Ordinance 1st Reading - Planning: Ordinance No. 2006-00006 amending the requirements for group/personal care homes in the single and duplex -zoned areas of Lubbock for construction and life/safety issues for all group/personal homes in Lubbock. ORDINANCE NO.2006-00006 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING" BY AMENDING SECTION 29-3, BY ADDING SUBSECTION (6b), A DEFINITION FOR "ASSISTED LIVING FACILITY" AND AMENDING SUBSECTION (54a) DEFINING "GROUP HOUSING FOR HANDICAPPED PERSONS;" BY AMENDING SECTION 29-7(d)(9) TO INCREASE CONDITIONAL USE GROUP HOUSING IN THE "R-1" SINGLE FAMILY DISTRICT TO SEVEN (7) OR MORE HANDICAPPED PERSONS IN ACCORDANCE WITH STATE LAW; BY AMENDING SECTION 29-7(d)(9) TO ENLARGE THE NOTICE AREA FOR CONDITIONAL USE PERMITS FOR GROUP HOMES FOR HANDICAPPED PERSONS; AND BY AMENDING SECTION 29- 30(b)(7) TO PROVIDE ADDITIONAL REQUIRMENTS FOR PERMITS FOR GROUP HOMES FOR HANDICAPPED PERSONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. During the last year, staff worked with several state and local agencies, as well as reviewed a recently enacted legislative act to incorporate both changes deemed desirable by a number of neighborhood groups, as well as those required by recent legislation and regulation. Linda Chamales has developed a "side by side" comparison, which is part of the back up, of the proposed ordinance versus the current ordinance discussed during a public hearing before the Planning Commission. The Commission recommended against change of some of the proposals as being too prohibitive, and supports several that are mandated by State law or a litigated case. The Legal Department will have to answer the issue created by the Code of Ordinances that requires a measure to be approved by the Planning Commission before it can be considered for change by City Council. A local representative of a coalition of Personal Care Homes also introduced new terminology that is enforced by the State that is not addressed in the proposed ordinance. Some of these issues may be discussed and decided in the hearing and subsequent consideration of an ordinance. In addition, the definitions established by the Fire Code, State Codes, and the Building Code differ for different types of establishments and an attempt has been made to reconcile those differences. The primary local issues that neighborhoods have criticized have been the introduction of a "business" into neighborhoods, parking, and other single- family rules. The problem with most of the complaints at the public hearings before the Zoning Board of Adjustment (ZBA) is that the Federal Legislature, 33 Regular City Council Meeting January 12, 2006 Page 34 during the construction of the Federal Fair Housing Act, indicated that the ability of a disabled person to live in the least restrictive environment is a right of handicapped Americans in spite of the fact that this might require a business in the neighborhood. Currently, under state law, a person may establish a personal care home as outlined by the Federal Fair Housing Act and the Americans with Disabilities Act, governed by a barrage of state guidelines, for six or fewer persons, in a single family district. The original Lubbock Ordinance 9489 allowed four or fewer clients to be in a residential neighborhood with no ZBA hearing. Five or more clients required a Zoning Board of Adjustment decision to approve the case and voids the violation of the two or more unrelated persons in one home. That ordinance was litigated in Federal Court, appealed to the Fifth Circuit Court in New Orleans, and the City prevailed. As noted, recent legislation increased the number not requiring a ZBA hearing to six as included in the proposed ordinance. The distance between group homes has been increased to 1000 feet in accordance with recent case law, and a concurrent increase in the notice area is also included. Staff supports the Planning Commission recommendation to amend the new numbers required by State Law and recent litigation. Other parts are not supported for charge by the staff because of the complexity of State law. The Lubbock ordinance should address basics and follow the State of Texas standards. Linda Middleton, Chairman of the Planning and Zoning Commission, stated that after a meeting and a public hearing, the Commission voted unanimously 9-0 to make the changes suggested in the ordinance submitted to Council today. Gary Rothwell and Jerry Bell, both members of the Planning and Zoning Commission, gave comments. Randy Henson, Senior Planner, gave comments and answered questions from Council. Henson explained the difference in the roles of the Planning and Zoning Commission and the Zoning Board of Appeals. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2006-00006 with the alternative language prepared that requires these proceedings of group homes of seven or more to be done as a zoning hearing and a special use permit, moving the decision from the Zoning Board of Adjustment to the Planning and Zoning Commission. Motion failed: 2 Ayes, 5 Nays. Mayor McDougal and Council Members DeLeon, Gilbreath, Jones, and Price voted Nay. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on first reading Ordinance No. 2006-00006, using the Zoning Board of Appeals as the decision -making body. Motion carried: 5 Ayes, 2 Nays. Mayor Pro Tem Martin and Council Member Boren voted Nay. 6.6. Budget Amendment #7A Ordinance 2nd Reading - Finance: ORDINANCE NO. 2005-00146—Amendment #7A amending the FY 2005-06 budget respecting the 1) Central Business District TIF Fund, 2) General Fund, 3) Donations Fund, 4) Airport Fund, 5) LP&L Fund, 6) Grant Fund, and 7) Police Department Forfeited Funds. ORDINANCE NO. NO.2005-00146 AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL PURPOSES RESPECTING THE 1) CENTRAL BUSINESS DISTRICT TIF FUND, 2) GENERAL FUND, 3) DONATIONS FUND, 4) AIRPORT FUND, 5) LP&L FUND, AND 6) GRANT FUND. (AMENDMENT #7a) 1. Appropriate $100,000 from the Central Business District Tax Increment Finance Fund to participate in the Downtown Revitalization Study. 2. Appropriate $30,000 from General Fund Balance to the Donations Fund for the Parks and Recreation Senior Games. 34 Regular City Council Meeting January 12, 2006 Page 35 3. Appropriate $248,000 in the General Fund for the remediation of two underground storage tank sites. Last fiscal year the City Council approved the closure of the Environmental Compliance Internal Service Fund. This fund balance was closed to the General Fund. $248,000 is now available in the General Fund Balance. 4. Appropriate $66,612 of Airport Fund Retained Earnings to pay money owed to LP&L for underground lines previously installed. 5. Revise capital projects in the LP&L Fund Budget. Specific information regarding this project is competitive information protected under Chapter 552.133 of the Texas Government Code. 6. Accept and appropriate a $10,000 grant from Pizza Ventures of West Texas, a franchise ownership group of Papa John's Pizza, to support the Lubbock Fire Department's community fire education programming. No matching funds are required. 7. Appropriate $326,947 of Police Forfeited Funds for law enforcement purposes. Prior to the expenditure of forfeited funds, the Texas Code of Criminal Procedure requires the law enforcement agency to submit a budget for these funds to the City Council. The funds are the result of special police investigations in which the Lubbock Police Department has seized assets during an investigation. The appropriate court then awards these assets to the Lubbock Police Department to be used for law enforcement activities pursuant to Texas Code of Criminal Procedure Article 59.06 (d). The funds are appropriated as follows: Special Investigative Fund $ 94,525 Confidential Informant Fund 50,927 Dmartment of Treasury Asset Sharing 595 Department of Justice Asset Sharing 171.995 Total Forfeited Funds Budget 42 Staff recommended approval of the second and final reading of this ordinance. Jeff Yates, Chief Financial Officer; Dan Dennison, Environmental Compliance Manager; and, Steve Hailey, Fire Chief, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2006-00146 with an amendment to appropriate $112,000 of General Fund Balance to the FY 2005-06 Operating Budget for federal legislative counseling services. Motion carried: 7 Ayes, 0 Nays. 6.7. Third Amended North Overton District Tax Increment Finance Reinvestment Zone Project Plan and Finance Plan Ordinance 2°d Reading — Business Development: ORDINANCE NO. 2005-00149 —Approving the third amended North Overton District Tax Increment Finance Reinvestment Zone Project Plan and Finance Plan as adopted by the North Overton Tax Increment Financing Reinvestment Zone Board of Directors. ORDINANCE NO.2005-00149 AN ORDINANCE APPROVING THE THIRD AMENDED NORTH OVERTON DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN AND FINANCE PLAN AS ADOPTED BY THE BOARD OF DIRECTORS OF THE NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE. 35 Regular City Council Meeting January 12, 2006 Page 36 City Council created the North Overton Tax Increment Finance Reinvestment Zone (TIF) and appointed the TIF Board on March 14, 2002. Based on current sales and construction activity in Overton Park, the McDougal Companies have increased their projections of the scope of the new construction projects. With this new information, at their November 16, 2005 meeting, the members of the North Overton TIF Board approved the Third Amended Project Plan and the Third Amended Finance Plan and submit it to City Council for approval. The Finance Plan shows an estimated captured value of $445 million. The Project Plan shows public improvements totaling $28.9 million. FISCAL IMPACT These public improvements will be paid from bonds issued and revenues collected by the North Overton Tax Increment Finance Reinvestment Zone. The TIF Board and City staff recommended approval. Motion was made by Council Member Gilbreath, seconded by Council Member Price to pass on second and final reading Ordinance No. 2006-00149 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Mayor McDougal recused himself. 6.8. This item was considered following Item 6.12 and after Council reconvened at 11:08 a.m. 6.9. This item was considered following Item 6.8. 6.11. Property Offer Resolution — Right -of -Way: Resolution No. 2006-R0021 authorizing the Right -of -Way Department to make an offer to Rosa T. Ramon for the north 25 feet of Lot 1, Block 29, Overton Addition to the City of Lubbock for the Glenna Goodacre Boulevard (81h Street) Widening Project from University Avenue to Avenue Q and to consider the commencement of eminent domain proceedings in the event such offer is not accepted for the property located at 802 Avenue S. RESOLUTION NO.2006-R0021 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for 81h Street widening project from University to Avenue Q and such other purposes as may be necessary under Texas Tax Code §311.008(b)(2); and WHEREAS, the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple interest to the tract of land further described as the North 25-feet of Lot One (1), Block Twenty -Nine (29), Overton Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 18, Page 610, Deed Records, Lubbock County, Texas; in Volume 19, Page 56, Deed Records, Lubbock County, Texas; and in Volume 19, Page 568, Deed Records, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Rosa T. Ramon, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $8,750.00, which is the amount appraised as the value and total damages for the fee simple interest, for the use & benefit of the City of Lubbock, Texas, for the purposes herein stated; and SECTION 3. THAT unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple interest. 36 Regular City Council Meeting January 12, 2006 Page 37 Passed by the City Council this 12th day of January, 2006. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Senior Attorney/Office Practice The City is in the process of widening 81h Street from University Avenue to Avenue Q as part of the North Overton Redevelopment Project. Located at 802 Avenue S, Lot 1, Block 29, Overton Addition, is a residential property owned by Rosa T. Ramon. The north 25 feet of the property is needed for this street -widening project. The overall lot size before the taking is 50 feet in width by 127.50 feet (north -south) in length. Presently, Glenna Goodacre Boulevard is 60 feet in width and the approved plans call for a I I0-foot wide street, which involves a taking of 25 feet from each side of the existing right- of-way. Included in this 25-foot acquisition of Mrs. Ramon' s property (1,250 square feet) is a single-family residence that is in substandard condition. Merle Blosser, M.A.I., appraised this property at $7 per square foot for a total of $8,750, which is the offer to Rosa T. Ramon. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if the offer is refused. FISCAL IMPACT The acquisition of this property is consistent with finance and project plans adopted by the Board of Directors of the North Overton Tax Increment Finance Rein -vestment Zone and approved by City Council. This will be an expense of $8,750 from account number 90300.8302.10000. Staff recommended approval. Council Member Gilbreath stated that it should be noted if eminent domain has to be used, it would be taking private property for public use and not for private use. Motion was made by Council Member Jones, seconded by Council Member Price to pass Resolution No. 2006-R0021 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Mayor McDougal recused himself. 6.10. License Agreement Resolution — Water Utilities: Resolution No. 2006-R0022 authorizing the Mayor to execute an agreement with Levi's Terrace, Inc. for the use of public lands for a Western Heritage Project for the purpose of providing recreational and educational activities and opportunities to the residents of the City and to promote tourism in the City and further economic development and entertainment. 37 Regular City Council Meeting January 12, 2006 Page 38 RESOLUTION NO.2006-R0022 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 License Agreement by and between the City of Lubbock and LEVI's Terrace, Ltd., and all related documents. Said License Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of January 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Thomas L. Adams Tom Adams, Deputy City Manager APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2006-R0022 Mr. Mark Luchsinger, acting through Levi's Terrace, Inc., has asked that the City allow him to use City owned canyon lands which are located southeast to the City adjacent to the North Fork of the Double Mountain Fork of the Brazos River and the Lubbock Land Application Site. This use is proposed under a license agreement. The use of the property will be for various educational, recreational, and tourism activities that are designed to promote our western heritage. The term of the agreement is 25 years. The rate of payment for approximately 255 acres will be $4 per acre on an annual basis. The City has an option to extend the license agreement for four additional ten-year periods following the completion of the primary term. The license agreement requires that Levi's Terrace, Inc. comply with all regulations that are now, or may be, imposed by the State of Texas due to the proximity of the property to the Lubbock Land Application Site. Included in this compliance are any and all permit conditions that the City must comply with. The license agreement also requires that Levi's Terrace, Inc. accommodate any City plans for the further development of the Canyon Lake System for water supply development purposes. The alternative of constructing Lakes #7 and #8 were presented to the City in a 1969 engineering plan by Freese and Nichols, and these lakes could be beneficial as storage facilities for future water supply projects. FISCAL IMPACT The license agreement will generate about $1,020 in annual income and this will be considered Sewer Fund revenue. Use of the property for farm and ranch operations is somewhat limited at present. This license agreement will provide income and beneficial use of the property, as well as a tourism opportunity through the promotion of our Regular City Council Meeting January 12, 2006 Page 39 western heritage. As long as compliance with regulations can be maintained staff recommended approval. Tom Adams, Deputy City Manager, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to pass Resolution No. 2006-R0022 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.11. This item was considered following Item 6.7. 6.12. Budget Amendment #8 Ordinance 1" Reading — Finance: Ordinance No. 2006-00007 amendment #8 amending the FY 2005-06 budget respecting the 1) Grant Fund and 2) Donations Fund. ORDINANCE NO.2006-00007 AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL PURPOSES RESPECTING THE 1) GRANT FUND, AND 2) DONATIONS FUND. (AMENDMENT #8) 1. Accept and appropriate a $600,000 grant from Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program (CEAP) to assist low-income households with energy bills and to repair and/or replace inefficient heating/cooling systems, water heaters, and refrigerators. No matching funds are required. 2. Accept and appropriate a $26,350 grant from Texas Department of Housing and Community Affairs for the SPS Weatherization Assistance Program (WAP) an energy conservation program. The grant will fund programs to assist low-income persons and families with energy conservation and energy efficiency. The grant pays up to $2,672 per case including program delivery costs. The contract will expire December 31, 2006. No matching funds are required. 3. Accept and appropriate a $380,000 grant from Texas Department of Housing and Community Affairs for the Community Services Block Grant. The grant will fund programs to assist low-income persons and families with Self -Sufficiency, Information and Referral, and energy assistance support. This is accomplished by funding both sub -recipient programs and City programs that address this issue. The grant pays for both programmatic and administration of the funds. The contract will expire December 31, 2006. No matching funds are required. 4. Accept and appropriate a $17,000 grant in the Donations Fund from the Ruth Wright Endowment, a component of the Lubbock Area Foundation. This is to fund adoption enhancements, kennel repair, microchip implants and the new feral cat trap, neuter and release program. No matching funds are required. Staff recommended approval. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00007 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 10:50 A. ill. CITY COUNCIL RECESSED 11:08 A. M. CITY COUNCIL RECONVENED 6.8. Truth in Texans Gas Bills Resolution — Councilman Boren: Resolution No. 2006-R0023 entitled the "Truth in Texans Gas Bills" advocating the repeal (or alternatively, the amendment) of Section 104.301 of the Texas Utilities Code that currently authorizes gas utilities to implement surcharges without a public hearing or filing a rate case with the local governing body. 39 Regular City Council Meeting January 12, 2006 Page 40 RESOLUTION NO. 2006-R0023 TRUTH IN TEXANS' GAS WHEREAS, historically, the governing bodies of home rule municipalities, such as the City of Lubbock, have lawfully acted in the public interest and pursuant to the purposes expressed in the Gas Utility Regulatory Act as the regulatory bodies to review the rates, operations and services of gas utilities; and WHEREAS, the regulatory authority so to act was granted by statute to locally elected governing bodies to ensure that gas utilities in its jurisdiction establish fair, just and reasonable rates, while providing adequate and efficient services to the local citizenry to whom the governing body is responsible; and WHEREAS, this system of regulatory authority and review has successfully and reasonably provided for local citizen input, protection of the local ratepayers, and oversight and scrutiny of the gas utility's rates, services and actions by requiring public hearings before the governing body of a municipality prior to certain actions proposed by the gas utility; and WHEREAS, as described above the local process prior to amendment (79th Texas Legislature, 2003) had allowed the direct participation of the customers of the gas utility to voice their concerns to the municipality's local elected governing body of the rates, services and practices of the gas utility; and WHEREAS, the gas utilities, acting in their best interest and in a self-serving manner„ successfully lobbied the 79th Texas Legislature, 2003 to allow gas utilities to increase their rates or charges incrementally and on an annual basis arguably without the benefit of regulatory review, scrutiny and oversight by/of the local governing body as to the legitimacy of said increase, and arguably without the requirement of a public hearing, and WHEREAS, it appears that gas utilities are attempting to use this statute to intentionally circumvent local control over the setting of rates and charges through the addition of the Gas Reliability Infrastructure Program ("GRIP") in Section 104.301 of the Texas Utilities Code; and WHEREAS, the gas utilities convinced members of the Texas State Legislature that the sole purpose of GRIP was to allow the gas utilities to recover costs directly associated with infrastructure such as replacing old gas pipelines and installing new gas pipelines for new development, when the actual underlying purpose of the gas utilities' support of GRIP was to permit the gas utilities to shift their day-to-day operating expenses to ratepayers; and WHEREAS, the practical result of the gas utilities' lobbying efforts has been, in addition to the recovery of legitimate expenses incurred in connection with replacing and installing gas pipelines, improper and wrongful use of GRIP to recover normal, cost -of - business expenses that are wholly unassociated with the replacement and installation of gas pipelines, said expenses including the purchase of laptops, office furniture, icemakers, and general operational expenses; and WHEREAS, the gas utilities are attempting to use GRIP to increase their rates incrementally and on an annual basis, bypassing substantive review and oversight by the local citizenry and governing body, and dispensing with public hearing, or any other substantive, meaningful regulatory review of what has been vastly increased revenue received by the gas utility at the expense of the local ratepayers; and WHEREAS, the City Council of the City of Lubbock finds that Section 104.301 of the Texas Utilities Code, as currently utilized by the gas utilities, is counter to legislative intent, and ultimately defeats the best interests of the public by effectively eliminating valuable local oversight of a gas utility's rates, operations, and services, and in doing so is in direct contravention to the stated purposes of the Gas Utility Regulatory Act; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT, the City of Lubbock hereby requests that the legislature of the State of Texas amend the Texas Utility Code by striking in its entirety Section 104.301 of M Regular City Council Meeting January 12, 2006 Page 41 the Texas Utilities Code so that local control, scrutiny and oversight remains with the local citizenry and its locally elected municipal governing body. 2. THAT, alternatively, Section 104.301 of the Texas Utilities Code be amended by authorizing the indefinite suspension of any filing by a gas utility under this provision thus unquestionably retaining the right of a municipality's governing body to protect its local ratepayers. 3. THAT, the City of Lubbock hereby petitions its local Legislative delegation to the Texas State Legislature to introduce and support legislation in the first to occur of the 80th Legislative Session or the next special session, that is consistent with the findings herein, and that will retain local control and oversight to the governing body of municipalities, cities, and communities in Texas. 4. THAT, the City of Lubbock calls on other municipalities, cities, and communities in the State of Texas to join the City of Lubbock in its efforts to retain and reinforce the jurisdiction granted to local communities in the Texas Utilities Code, and to contact their local state representatives and senators to advocate for the retention of local control, oversight and scrutiny of gas utilities on behalf of the citizens, retirees of the State of Texas, Senior Citizens, Families, small businesses, commercial businesses, Ag Producers, agriculture, non -profits, governmental, educational, public schools, institutions of higher learning, churches, hospitals & medical facilities, and industrial companies. 5. THAT the Mayor appoint a committee to study the possibility and feasibility of Lubbock Power & Light, the City's municipally owned electric utility, entering into the retail gas distribution service business within the municipal boundaries of the city of Lubbock. This committee shall report back to the City Council regarding all legal and financial options associated with entering into the retail gas distribution service and will make any and all recommendations they deem necessary concerning the feasibility and prudence of Lubbock Power & Light entering into the retail gas distribution service, including, but not limited to, any legislative changes the City should pursue associated with this issue. Passed by the City Councii this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Gary Boren Gary Boren, City Councilmember District No. 3 Council Member Boren explained he would like to go forward with this Resolution to send to the legislature, the Governor, the Senate, the House of Representatives, to anyone running for office, and to the Railroad Commission. These individuals should be aware of how the gas utilities operations impact our community. The resolution states there should be local control, local oversight, and is asking for accountability. The "Truth in Texans Gas Bills" is to change the statue to where we define some terms to allow a company to come back under concept of shared services and try to recoup 100% of their depreciable asset. Mayor Pro Tem Martin gave comments, and suggested the City of Lubbock start its own gas company. He feels that competition is good and it may mean 41 Regular City Council Meeting January 12, 2006 Page 42 lower rates. Martin wants to study the possibility of having Lubbock Power and Light to be involved in the retail gas business in Lubbock, Texas. Motion was made by Council Member Boren, seconded by Mayor Pro Tem Martin to pass Resolution No. 2006-R0023 with an amendment that the Mayor of the City of Lubbock hereby appoint a study committee to look into, and report back within 60 days, of the possibility of entering the retail gas business in Lubbock, Texas. Motion carried: 7 Ayes, 0 Nays. Mayor McDougal asked Gary Zheng and Carroll McDonald of Lubbock Power and Light to serve on the study committee. McDougal asked McDonald to meet with his Electric Utility Board and have two or three of those members serve on this study committee. Others appointed by the Mayor were City Manager Lee Ann Dumbauld, Mayor Pro Tem Martin, and Council Members Gilbreath and Boren. 6.9. Ratemaking Proceeding Resolution — Councilman Boren: Resolution No. 2006-R0024 requiring Atmos Energy to submit information to the City of Lubbock pursuant to Chapters 102 and 103 of the Texas Utilities Code, so that the City of Lubbock may make a reasonable determination of the rate base, expenses, investment, and rate of return of Atmos Energy operating within the municipality and whether to institute a ratemaking proceeding. RESOLUTION NO.2006-R0024 WHEREAS, pursuant to Sections 102.001(b) and 103.001 of the Texas Utilities Code the City Council of the City of Lubbock is the regulatory authority that has exclusive original jurisdiction over the rates, operations, and services of a gas utility operating within the municipality; and WHEREAS, the City of Lubbock has not surrendered its exclusive original jurisdiction to the railroad commission as provided for in Section 103.003 of the Texas Utilities Code; and WHEREAS, the West Texas Division of Atmos Energy is the exclusive provider of retail gas utility service within the corporate limits of the City of Lubbock; and WHEREAS, the City of Lubbock, as the regulatory authority with exclusive original jurisdiction over gas utilities within the corporate limits of the municipality, pursuant to Section 102.201 of the Texas Utilities Code, may inquire into the management and affairs of a gas utility operating within the municipality; and WHEREAS, the City of Lubbock, pursuant to Section 102.203 of the Texas Utilities Code, may inspect and obtain copies of the papers, books, accounts, documents, and other business records of a gas utility within the municipality; and WHEREAS, a gas utility is required to submit information to a municipality as necessary to make a reasonable determination of rate bas, expenses, investment and rate of return in the municipality; and WHEREAS, the City Council of the City of Lubbock finds that the West Texas Division of Atmos Energy shall submit sufficient information to the City of Lubbock so that the City of Lubbock may make a reasonable determination of rate bas, expenses, investment and rate of return in the municipality in order to ensure that fair, just and reasonable rates and adequate and efficient services are being provided to the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT, pursuant to Sections 102.201, 102.154, 102.203 and 103.021 (a) of the Texas Utilities Code, the West Texas Division of Atmos Energy is hereby required to submit to the City Manager within thirty (30) days of the passage of this resolution copies of all papers, books, accounts, documents, business records, investments, expense and revenue projections, and other documents necessary for the City of Lubbock to review the rates, operations and services of the West Texas Division of Atmos Energy to ensure that they are fair, just, reasonable, adequate and efficient. 42 Regular City Council Meeting January 12, 2006 Page 43 2. THAT, in the event the City of Lubbock determines, after reviewing the documents provided in Section 1 above, that an adjustment to the rates or services of the West Texas Division of Atmos Energy is necessary, the City shall institute a ratemaking proceeding, calling for a public hearing, providing notice for such hearing and instituting all the applicable provisions of Chapter 103, Subtitle A, of the Texas Utilities Code including without limitation the applicable provisions, if any, of Chapter 2001 of the Texas Government Code. 3. THAT, beginning February 1, 2006 and pursuant to Section 102.154 of the Texas Utilities Code, the West Texas Division of Atmos Energy is required to file with the City Secretary an annual report outlining in detail all expenditures by the West Texas Division of Atmos Energy for business gifts and entertainment and all expenditures for advertising or public relations. Passed by the City Council this 12th day of January, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ann Dumbauld Lee Ann Dumbauld, City Manager APPROVED AS TO FORM: /s/ Matthew Wade Matthew L. Wade Natural Resources Attorney Council Member Boren explained that because the City Council has jurisdiction over the gas utility for our community, he is requesting Atmos Energy to deliver to the City of Lubbock all documents necessary to review their rates, their operations, and their service. Boren is also asking for all reasonable financial information including audited statements (electronic form) brought to the City for our staff to evaluate and see if it is fair, just, and reasonable. Based on that information, a determination will be made on a basis for the City to go to the next step. In addition, Boren is asking the West Texas Division of Atmos Energy file with our City an annual report outlining all expenditures for business gifts, entertainment, and any expenditure for advertising or public relations for the years 2003, 2004, 2005, and budget for 2006. City Manager Lee Ann Dumbauld informed Council that we do not have the expertise "in-house" to review the documents requested from Atmos. She also answered questions from Council. Mayor Pro Tem Martin feels that once the City of Lubbock receives the requested information from Atmos, Assistant City Attorney Matt Wade can screen the information and then make recommendations on any expertise needed to look at an investigation. Matthew Wade, Assistant City Attorney, gave comments and answered questions from Council. He explained that the current resolution gives Atmos Energy thirty days to provide the information requested. February 1, 2006 is the start date for getting the annual report together. 43 Regular City Council Meeting January 12, 2006 Page 44 Motion was made by Council Member Boren, seconded by Mayor Pro Tern Martin to pass Resolution No. 2006-R0024. Motion carried: 6 Ayes, 1 Nay. Council Member DeLeon voted Nay. 11:48 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 1:05 P. M. CITY COUNCIL RECONVENED IN WORK SESSION 7. WORK SESSION 7.1. Presentation — Building Inspection: Discuss Building Inspection Department issues concerning historical and anticipated growth, current and future resource and staffing needs, service level enhancements, and cost recovery through fees. Steve O'Neal, Building Official, presented information to seek City Council's input on the following: 1) Historical growth data and staffing/resource levels; 2) Needs identified under the recent Insurance Services Office audit; 3) Customer service level enhancements desired by the construction community; 4) Recent service level improvements and the five-year strategic improvements plan; and 5) Cost recovery through fees. Fire Chief Steve Halley gave a presentation on fire prevention needs through the year 2010. City Manager Dumbauld requested permission from Council to bring a budget amendment to the next meeting or the meeting thereafter to address the staffing needs by adding four positions. Mayor Pro Tern Martin suggested taking a look at the plans again for Building Inspection and a police substation to have a facility located more southwest to accommodate the "building" community and others needing services from Building Inspection and other City departments. 7.2 Presentation — Parks and Recreation: Parks Capital Projects Update. Randy Truesdell, Director of community Services, presented information to seek City Council's input on the following: 1) Parks capital projects currently funded 2) Shortfall in funding for some existing projects 3) Potential new projects and required funding Jeff Yates, Chief Financial Officer, gave comments and answered questions from Council. Mayor Pro Tern Martin recommended asking City Manager Dumbauld and her staff to find $5 million in capacity to get some of the Parks Capital Projects done. He also suggested giving the Park and Recreation Board a little more time to put together a more realistic estimate. Mayor McDougal asked City Manager Dumbauld to contact Wayne Havens with Lubbock Independent School District, regarding the little league field that will be built to the west of the Lubbock High School Westerner baseball field on North University. Consensus from Council was to give the Park and Recreation Board more time to put together more realistic estimates and bring Council back a list by late spring or the early part of the summer of some realistic things that could be put on a bond election ballot by possibly November of 2006. Also Council would like to give the Citizens Advisory Committee more direction. Regular City Council Meeting January 12, 2006 Page 45 3:05 P. M. CITY COUNCIL RECESSED 3:14 P. M. CITY COUNCIL RECONVENED After Council reconvened, Truesdell went over the minutes of the Park and Recreation Board from August 23, 2005 to share with the citizens what some of the concerns are. He spoke of the Park and Recreation 2006 proposed budget and how it was reduced by 2.4%. Over the past five years, the maintenance staff has been reduced to about 20%, and 160 acres of new park properties at thirty-one different locations have been acquired. The budget was about $26,000 less this year than last year. This has affected the ability to upkeep the parks. City Manager Dumbauld gave comments on the budget issue. 7.3. Discussion — Storm Water: Discussion of possible revisions to the playa lake ownership policy and ordinance. The Playa Lake Development Policy and Ordinance was first adopted by City Council in 1999 with revisions in 2001. The Drainage Criteria Advisory Committee, working with City staff, developed the policy and ordinance based on the recommendation of the Drainage Criteria Advisory Committee and the West Texas Developer's Council that the City have a mechanism for developers to convey playa lakes to the City as part of the storm water infrastructure even if there were no plans for a park. Since the adoption of the policy and ordinance, two playa lake areas have been conveyed as storm water detention basins: Summerfield Addition and Remington Park Addition. The problems that have arisen from the acceptance of the Remington Park Addition playa, along with the possibility of other playa lakes coming in the future, has prompted the need to revisit the policy and ordinance to ascertain if City Council wants to continue with the policy as is or to change the acceptance criteria. Previously the policy had been that all playa lake areas were given to the City as park property and they had been developed into parks. There is public pressure and expectation that this continues. The intent of the Playa Lake Development Policy was to give developers another option of conveying these areas to the City without a great deal of development expense when the Parks Board denied the request for the area to be a city owned park. City Council was brought up to date on the current policy and given an opportunity to review possible development criteria that could be added to that policy. FISCAL IMPACT The current cost to maintain the storm water detention area is $160 per acre annually. If the criteria changes to make these areas more "park like" then that cost could increase to $1,600 to $2,600 per acre annually. The actual increase would depend on the items required for acceptance. This increase would come from increased transfers from the Storm Water Utility fund and possible rate increases as the playa lake areas come before City Council for approval. Direct staff to leave current policy and ordinance in place or to make specific changes based on the work session discussion and bring the revised Playa Lake Development Policy and Ordinance as an action item on a future City Council agenda. Marsha Reed, Storm Water Engineer, gave a presentation to Council and requested input on things such as maintaining the current policy. Consensus from Council was for staff to confer with the Park's Board, the Developers Council, and the Water Advisory Commission and bring back a revised policy and place it on the agenda for Council to consider. ELI Regular City Council Meeting January 12, 2006 Page 46 7.4. Presentation — Parks and Recreation: Presentation updating City Council on the construction, archeology, and programming of the Wells Fargo Amphitheater. This presentation updated City Council on the construction, archeology, and programming of the Wells Fargo Amphitheater. Construction of the amphitheater is nearing completion. Parks and Recreation staff presented information concerning the completion of construction. Gerald Doulter, Director of the Texas Tech University Music Theatre, has developed a proposal to provide musicals in the Wells Fargo Amphitheater. The Lubbock Moonlight Musicals will be a new, non-profit, production company that will offer large-scale musical theatre productions. The musicals will feature local artistic talent, music theatre students and faculty from Texas Tech University's College of Visual and Performing Arts, high school students from Lubbock ISD, Lubbock Cooper ISD, and Frenship ISD. Lubbock Moonlight Musicals will produce musicals that stress family values. Mr. Doulter presented the Moonlight Musical information to the Park and Recreation Advisory Board during their November meeting. Dr. Eileen Johnson, Director of the Lubbock Lake Landmark, presented information regarding the archeological testing, permitting, and reporting. Staff requested direction regarding the following items: • archeological testing and reporting, and • support of the Moonlight Musicals program. Randy Truesdell, Director of Community Services, showed pictures of the almost complete Wells Fargo Amphitheater. Dr. Johnson explained that she was with the Museum at Texas Tech University and there is a research services agreement between the Museum and the City of the Lubbock. She explained that one of her objectives out in the field is to try and find as many testing sites as possible to inform the City staff so that informed decisions can be made as to whether properties can be avoided or not. Johnson said the research agreement is capped by a certain dollar amount over the five-year period that it is in place. Discussion took place between City staff and the Texas Historical Commission as to what it might take for an extensive investigation at Dam #4. She explained that the fieldwork is complete and a final report has to be done. The permitting process requires three stages of investigation. Each stage requires a separate permit, an interim report, and a final report. Mayor McDougal expressed concerns regarding expenditures for Dam #4, since there will not be a lake built. Dr. Johnson stated that, for Dam #4, the budget estimate that she submitted was about $91,000. She went on to say the City has obligations under the permit to the Texas Historical Commission. The total amount owed by the City for the Wells Fargo Amphitheater for getting the materials processed, analyzed, and the final report done is approximately $860,000. Consensus from Council was to have the City's legal staff analyze these figures and put a hold on any monies to be spent until results are in from the legal staff. Randy Truesdell told Council that he spoke with the Texas Historical Commission and was told that there may be some room for negotiation on completing the permit process. City Attorney Anita Burgess and Nancy Haney, Executive Director of Community Development, gave comments and answered questions from Council. M Regular City Council Meeting January 12, 2006 Page 47 4:41 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this-2 6th day of January, 2007. /S/ MARC MCDGUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 47