HomeMy WebLinkAboutMinutes - City Council - Regular - 3/8/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 8, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 8th
day of March, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:38 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
I.I. Ken Flagg and others to appear before the City Council to discuss road
dedication in Tivoli Estates.
Ken Flagg addressed Council regarding Item 6.6 on today's agenda. He spoke
on behalf of 29 families in Tivoli Estates, asking Council to accept dedication
of the street, which would make it a public street. He also answered questions
from Council.
1.2. Ryan Blakley addressed Council regarding Item 5.1 on today's agenda. He is
the owner of Walter's World of Pets and is concerned with several areas of the
proposed animal ordinance.
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."
7:52 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 (Water
Utilities, Cemetery, Right -of -Way).
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, Fire Department, Parks and
Recreation, Right -of -Way).
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;
Regular City Council Meeting
March 8, 2006
Page 236
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;
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).
9:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: 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; Lee
Ann Dumbauld, City Manager; Anita Burgess, City Attorney; and
Rebecca Garza, City Secretary
Absent: Mayor Marc McDougal
Mavor Pro Tem Martin reconvened the meeting at 9:35 A. M.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Pastor Jerry Ramirez, Associate Pastor for Student
Activities, Oakwood Baptist Church.
3.2. Pledge of Allegiance to the Flags.
Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
3.3. Presentation of a special recognition to Matthew Scott Edwards for his
Carnegie Hall Debut performance with the National Festival Orchestra.
Mayor Pro Tem Martin read a special recognition to Matthew Scott Edwards
for his Carnegie Hall Debut performance with the National Festival Orchestra.
Mr. Edwards gave comments.
3.4. Presentation of a special recognition - Lubbock Reads 2006: "Turning
Pages, Touching Lives."
Mayor Pro Tem Martin read a special recognition to Jane Clausen, Library
Director, and Ann Boggs with Friends of the Lubbock Public Library. Ms.
Boggs and Ms. Clausen gave comments. Ms. Clausen handed out an
autographed copy of the book Salvation on Sand Mountain to members of
City Council.
3.5. Presentation of a special recognition to Catholic Family Services
proclaiming March 12-18, 2006 as National Safe Place Week.
Mayor Pro Tem Martin presented special recognition to Catholic Family
Services, which proclaimed March 12 — 18, 2006 as National Safe Place
Week. Tanya Robles was present to accept the presentation. She also gave
comments.
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
February 9, 2006
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Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to approve the minutes of the Regular City Council Meeting of
February 9, 2006 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
Mayor McDougal arrived.
5. CONSENT AGENDA (Items 5.2-5.10, 5.13, 5.16-5.17)
Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to
approve Items 5.2-5.10, 5.13, 5.16-5.17 on consent agenda as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.1. This item was moved from consent agenda to regular agenda and
considered following Item 5.17.
5.2. Code of Ordinances Ordinance 2nd Reading - Finance: Ordinance No.
2006-00022 making modifications to the Street Lighting Cost Recover
Program.
ORDINANCE NO.2006-00022
AN ORDINANCE AMENDING SECTIONS 25-6(B)(4) OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY THE ADDITION OF
REGULATIONS GOVERNING THE INSTALLATION OF STREET LIGHTS IN NEW
SUBDIVISIONS; REQUIRING PAYMENT OF FEES RELATED TO SUCH
INSTALLATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The City currently provides the installation of street lighting to developers in
new developments for a $600 cost recovery fee per standard/fixture. The
installation work is performed by Lubbock Power and Light for the City at an
approximate cost of $2,500 per standard/fixture. It has been more than 10
years since the cost recovery fee has been reviewed or changed. Because of
the lack of adjustment to this fee, the City is providing and subsidizing the
installation of street lights within new developments at a cost of
approximately $1,900 per street light funded from the General Fund.
The adoption of this ordinance will accomplish the following objectives:
1. Eliminate the cost to the General Fund for the installation of street lights
in new developments.
2. Provide an appropriate cost recovery fee of $70 per standard/fixture for
the design of materials, installation and specifications, and the inspection
of construction. This will help ensure the installation of street lighting is
performed in compliance with appropriate City specifications.
3. Provide developers with the freedom to select their contractor for the
installation of street lighting in new developments and only require that
the developers meet the necessary engineering standards and pass a final
construction inspection.
4. Allow LP&L to participate as a contractor and provide this service to the
development community directly without involvement from the City.
5. Allow developers a means to select non-traditional standards/fixtures
within a new development at their cost while meeting engineering and
construction standards.
FISCAL IMPACT
The adoption of this ordinance will eliminate the cost to the General Fund of
street lighting in new developments. The new cost recovery fee of $70 per
standard/fixture will recover the actual cost to the General Fund for the
needed engineering and inspection that must occur before the City will accept
the improvements, much like the current practice for street and storm water
improvements. Estimated revenue will be based on the planned new
developments and the number of standards/fixtures required. The revenue
estimate will be included in the FY 2006-07 Operating Budget. Current staff
levels should be sufficient to provide this service.
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LP&L will provide the service to the development community as a contractor.
They will receive all revenues generated by the fee of $2,500 per traditional
standard/fixture for the actual installation work. Non-traditional
standard/fixture cost will be negotiated by LP&L. The LP&L Board will make
the determination on needed budgetary and operational changes necessary to
fulfill the requirements of this ordinance.
Staff recommended approval of the second reading of this ordinance.
5.3. Budget Amendment #11 2nd Reading - Finance: Ordinance No.
2006-00024 amendment #11 amending the FY 2005-06 Capital
Improvement Program and Grant Fund.
ORDINANCE NO.2006-00024
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE 1) CAPITAL IMPROVEMENT PROGRAM; AND 2)
GRANT FUND. (AMENDMENT #11)
Amend Capital Improvement Project 91048 City Hall HVAC Renovations by
appropriating an additional $525,000 of 2006 Certificate of Obligation Bonds
for the renovation of the City Hall HVAC system, with estimated revenues
increased accordingly.
Amend Capital Improvement Project 91207 New Northwest Little League
Complex by transferring $98,000 of 2003 General Obligation Bonds from
Capital Improvement Project 91205 Northwest Little League Improvements
for the construction of the Northwest Little League.
Accept and appropriate a $48,927 grant from the Texas Department of State
Health Services to provide for HIV/AIDS Surveillance. This grant funds the
active surveillance and reporting activities for Human Immunodeficiency
Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) — includes
personnel, benefits, travel, and supply costs.
No City matching funds are required.
Staff recommended approval of the second reading of this ordinance.
5.4. Right -of -Way Ordinance 2nd Reading — Right -of -Way: Ordinance No.
2006-00020 abandoning and closing a portion of 19th Street west of Dixie
Drive, property located at 1902 Dixie Drive.
ORDINANCE NO.2006-00020
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF I9TH
STREET LOCATED ADJACENT TO LOT 24, DIXIE LAND ADDITION, AN
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, 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.
This ordinance was read for the first time at the February 24, 2006 City
Council meeting.
In September 1945, City Council passed Ordinance 726 establishing the
building lines for the south side of 19th Street, from University Avenue to
Avenue D in anticipation of the widening of that street. In 1947, Buster
Welch conveyed to the City additional right-of-way located at the southwest
corner of 19th Street and Dixie Drive (one block east of Avenue Q) for the
widening of 19th Street along the north side of Lot 24, Dixie Land Addition.
Shortly after, a building was constructed on Lot 24 and the building plans
indicated that the building was to be built on the south lot line. However,
either due to a survey mistake or to human error, the building was constructed
approximately six feet north of the south property line putting the north
portion of it into the recently dedicated south right-of-way of 19th Street.
Mr. Malcom Womack has owned this property since 1976. He has decided to
sell this property and a recent survey shows this building encroachment. In
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order to convey title to the new owner, Mr. Womack is asking that the City
abandon and close this 407 square foot portion of 19th Street under his
building. Since Mr. Womack was not the original owner, there will be a
charge for this 407 square feet. From adjacent property values and a review
of existing sales comparables, a value of $3.00 per square foot is determined.
Therefore, the value of this street closure area to be charged to Mr. Womack is
$3.00 X 407 square feet = $1,221.
FISCAL IMPACT
Revenue of $1,221.
Staff recommended approval of the second reading of this ordinance.
5.5. Quitclaim Deed Resolution - Right -of -Way: Resolution No. 2006-RO105
authorizing the Mayor to execute a quitclaim deed to Malcom Gene
Womack and Dorothy M. Womack for a portion of 19th Street west of
Dixie Drive, property located at 1902 Dixie Drive.
RESOLUTION NO.2006-RO105
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 Quitclaim Deed in favor
of Malcolm Gene Womack and Dorothy M. Womack, and related documents. Said Deed
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 8th day of March, 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/ Linda L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
Item 5.4 on today's agenda is the second reading for Ordinance No. 2006-
00020 which abandons and closes a 407 square foot portion of 19th Street
just west of Dixie Drive and east of Avenue Q. This resolution authorizes the
Mayor to sign a quitclaim deed that conveys this street area to the Mr. and
Mrs. Womack.
FISCAL IMPACT
Revenue of $1,221.
Staff recommended approval of this resolution.
5.6. Right -of -Way Ordinance 2nd Reading — Right -of -Way: Ordinance No.
2006-00021 abandoning and closing a portion of Albany Avenue just
north of 68th street, property located at 6601 Albany Avenue.
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ORDINANCE NO.2006-00021
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
FRANKFORD AVENUE LOCATED IN SECTION 5, BLOCK E-2, LUBBOCK
COUNTY, TEXAS, 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.
This ordinance was read for the first time at the February 24, 2006 City
council meeting.
This ordinance abandons and closes a 9,234.72 square foot portion of Albany
Avenue just north of 68th Street. This portion of Albany Avenue was
dedicated by the plat of Lot 2, Sentry Park Addition in 1977. At that time, all
that was dedicated was the east one-half of the street. In 1994, the City
constructed the 66th Street to 69th Street crossover street from Slide Road
westward to Bangor Avenue. This street design made this portion of Albany
Avenue no longer needed and also created an unusable remnant between Lot 2
and the new alignment of 66th Street, 69th Street, and Albany Avenue. This
unusable 6,959 square foot remnant was sold in 2002 by the City to Benny
Nixon for Commercial Property Services for $2,000 and who is the requestor
of this Albany Avenue street closure. The appraised value for this Albany
Avenue street area being closed is $2,770.42 ($0.60 X 9,234.72 square feet =
$5,540.83 less 50% remaining as an easement).
The City of Lubbock's street closure resolution allows for a credit against the
charge for this street area being closed, but not in excess thereof, for the
dedication of other property to the City in exchange for this portion of Albany
Avenue being closed. At 7336 82nd Street, the City of Lubbock installed a
water line along the east side of Lot 2-A, A&O Addition west of Upland
Avenue. This was in an area of the subdivision that was originally an alley
but was closed when the addition was replatted by the County. Lot 2-A is
owned by Mr. Nixon and he is willing to give the City an easement for our
water line in exchange for this portion of Albany Avenue being closed. The
value of this 10-foot water line easement along the east 10 feet of Lot 2-A is
valued at $2,937.38.
Following the guidelines of the City's street closure resolution, this area of
Albany Avenue being closed will be evenly exchanged for the water line
easement at 7336 82nd Street with Mr. Nixon.
Staff recommended approval of the second reading of this ordinance.
5.7. Grant Resolution - Police: Resolution No. 2006-RO106 waiving the right
of the City of Lubbock to apply for a Juvenile Accountability Incentive
Block Grant and designating Lubbock County as the recipient of the
funds.
RESOLUTION NO.2006-RO106
WHEREAS, certain block grant funds in the amount of Twelve Thousand Seven
Hundred Nineteen and No/100 Dollars ($12,719) (the "Funds") is designated for
allocation to the City of Lubbock through the Criminal Justice division of the State of
Texas; and
WHEREAS, the City of Lubbock desires to waive their right to apply for a
Juvenile Accountability Block Grant; and
WHEREAS, the City of Lubbock designates Lubbock County as the recipient of
the Funds; and
WHEREAS, the City of Lubbock agrees to appoint one member to serve on the
Juvenile Crime Enforcement Coalition created by the County of Lubbock; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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THAT the City of Council of the City of Lubbock hereby waives its right to apply
for a Juvenile Accountability Block Grant and designates Lubbock County as the
recipient of the Funds. Be it further resolved that the Lieutenant of the City of Lubbock
Police Department Juvenile Division is hereby designated to serve on the Juvenile Crime
Enforcement Coalition as created by the County of Lubbock, and that the County of
Lubbock shall furnish periodic reports reflecting the usage of the said waived funds to the
City of Lubbock by furnishing copies to the Lieutenant of the Juvenile Division.
Passed by the City Council this 8th day of March, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Dale Holton for
Claude Jones
Chief of Police
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
The Governor's Criminal Justice Division is preparing to award Juvenile
Accountability Incentive Block Grant funding to the City of Lubbock in the
amount of $12,719 with a cash match of $1,413 for FY 2006-07. Lubbock
County is eligible for $14,487 with a cash match of $1,665.
The City of Lubbock has waived its right to these State juvenile grant funds
for the past several years in order to increase the amount of funding from this
grant for the Lubbock County Juvenile Justice Center. Lubbock County pays
the City of Lubbock's portion of the local match required by the grant.
Lieutenant Jerry Brewer with the Lubbock Police Department will receive
periodic reports from the Lubbock County Juvenile Justice Center to help
monitor the use of these funds. Les Brown, Lubbock County Juvenile Justice
Center Director, will be the individual responsible for expending the funds on
behalf of Lubbock County.
FISCAL IMPACT
The City of Lubbock is waiving receipt of $12,719 in funding. This funding is
currently not budgeted in the FY 2005-06 budget. However, these funds will
be used for juvenile justice purposes by Lubbock County at the Lubbock
County Juvenile Justice Center.
Staff recommended approval of this resolution.
5.8. Street Use License Resolution - Right -of -Way: Resolution No.
2006-R0107 authorizing the Mayor to execute a street use license with
Grimes and Associates Consulting Engineers, L.P. to use a portion of
Akron Avenue street right-of-way for an underground conduit located at
3405 Akron Avenue.
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RESOLUTION NO.2006-RO107
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 conduit in a public street, by and between the City of
Lubbock and Grimes and Associates Consulting Engineers, 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.
Passed by the City Council this 8th day of March, 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/ Linda L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice Section
A copy of the Agreement is filed with Resolution No. 2006-RO107.
This street use license will allow Grimes and Associates Consulting
Engineers, L.P. to bore under Akron Avenue just south of 34th Street for the
purpose of installing a private underground pipeline conduit. The properties at
2555 34th and 2603 34th Street had underground gasoline storage tanks that
leaked in the past. Grimes & Associates is the consulting company for these
properties and TCEQ asked them to design a system that will clean up the
contamination on both sides of Akron Avenue. The system will have seven
recovery wells on the east side of Akron Avenue and two recovery wells on
the west side of the street. The recovery system requires a horizontal bore
under Akron Avenue with an eight -inch conduit that will contain two vacuum
lines, two compressed air lines, and two water lines. These lines will connect
the recovery wells on the west side of Akron Avenue to the remediation
equipment on the east side of the street. The charge for this license will be the
$50 minimum per year and the license will be for 20 years, payable every five
years in advance for the amount due now of $250. All utility companies are in
agreement with this license.
FISCAL IMPACT
Annual revenue of $50.
Staff recommended approval of this resolution.
5.9. Interlocal Agreement Resolution - Human Resources: Resolution No.
2006-RO108 authorizing the Mayor to execute an Interlocal Participation
Agreement by and between the City of Lubbock and the Public
Employees Benefits Alliance in order to cooperatively purchase goods,
services, and other items to be used in the member's (City of Lubbock)
provision of employee benefits.
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RESOLUTION NO.2006-RO108
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement
between the City of Lubbock and the Public Employees Benefits Alliance, in order to
cooperatively purchase goods, services, and other items to be used in the member's (City
of Lubbock) provision of employee benefits, and related documents. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 8th day of March, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Scott Snider
Scott Snider, Director of Human Resources
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-RO108.
This interlocal participation agreement with Public Employee Benefits
Alliance (PEBA) will allow the City of Lubbock to cooperatively purchase
goods, services, and other items to be used in the City's provision of employee
benefits. The City's past practice has been to solicit insurance proposals either
directly from the provider of goods and services or through an insurance
broker.
The Public Employee Benefits Alliance was created by a group of Texas
government leaders working together for more than a year to develop
strategies to manage the rising costs of healthcare benefits. Their efforts have
resulted in the creation of a purchasing alliance designed to provide political
subdivisions the leverage required to effectively negotiate with benefit
vendors and continue to be sensitive to the service requirements of public
employees. Although there is widespread support for the joint purchasing
alliance, finalizing the organizational structure and legal foundation required
thorough review. PEBA was established in January 13, 2006, and was created
pursuant to Chapter 791 of the Texas Government Code and Subchapter of
Chapter 271 of the Texas Local Government Code. PEBA is organized to
achieve economies of scale for the alliance of Political Subdivision in the
State of Texas.
PEBA membership will be open to all Texas local governments who pay an
annual membership fee and execute a PEBA Participating Interlocal
Agreement. An additional per proposal fee will be established for proposal
participation.
FISCAL IMPACT
$700 annual membership plus selected proposal costs for specific types of
RFPs.
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Staff recommended approval of this resolution.
5.10. Contract Resolution - Human Resources: Resolution No. 2006-RO109
authorizing the Mayor to execute a contract with MaxorPlus, LTD for
pharmacy benefits management and provision of prescription drugs for
all participants of the City of Lubbock Health Benefits Plan.
RESOLUTION NO. 2006-RO109
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 pharmacy
benefits management and provision of prescription drugs for all participants of the City
of Lubbock Health Benefits Plan between MaxorPlus, Ltd. and the City of Lubbock,
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 8th day of March, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Scott Snider
Scott Snider, Director of Human Resources
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2006-RO109.
This contract establishes and provides prescription drug benefits programs in
connection with established networks of participating retail pharmacies and
operates a system for the processing fulfillment and payment of claims for
prescription drugs.
Maxor will disclose all charges and discounts associated with the prescription
drug benefit program and provide prescriptions through pricing on all drugs
purchased through retail or mail order pharmacy.
Maxor will provide all services through a complete disclosure program subject
to the terms and conditions of this agreement.
Maxor pledges to provide the pharmacy benefit management services under
this contract in accordance with the Code of Ethics attached in Exhibit E.
Quotes solicited from five companies were based on prescription data from
January 1, 2005 through November 18, 2005. The companies solicited
include Medco, Express Scripts, Partners RX, Script Care, and Maxon An
analysis and breakdown of pricing quotes is provided.
Based on comparative analysis from American Administrative Group,
formerly ICON, Maxor Plus has projected to save the City of Lubbock
S441,421 in cost of pharmaceutical drugs and services.
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FISCAL IMPACT
Estimated cost savings is $441,421.
Staff recommended approval of this resolution.
Even though this item was considered and passed on consent agenda, there
were amendments which were handed out to Council at the dais prior to the
vote. Scott Snider, Human Resources Director, gave comments and answered
questions from Council.
5.11. This item was moved from consent agenda to regular agenda and
considered following Item 5.1.
5.12. This item was moved from regular agenda to consent agenda and
considered following Item 5.11.
5.13. Contract Resolution - Street Drainage Engineering: Resolution No.
2006-RO110 authorizing the Mayor to execute Change Order No. 4 to the
Milwaukee Avenue from 34th Street to 92nd Street Paving Project.
RESOLUTION NO.2006-RO110
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 Change Order #4 to the
Contract for Milwaukee Avenue Paving Improvements, 92nd to 34`h Street, ITB
#05-029-VK, by and between the City of Lubbock and Granite Construction, and related
documents. Said Change Order is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 8th day of March, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Change Order is filed with Resolution No. 2006-RO110.
This paving improvement project is being constructed by Granite
Construction Company.
This change order involves changes to the work to be performed on the
Milwaukee Avenue from 34th Street to 92nd Street Paving Project.
Original Contract $17,316,933
Change Order No. 1 (7/14/05) ( 212,840)
Change Order No. 2 (10/27/05) 416,200
Change Order No. 3 (12/15/05) 147,269
This Change Order No. 4 74,367
New Contract Amount $17,741,928
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Change Order No. 1 was a deductive Change Order deleting some items from
the construction contract in cooperation with Granite Construction Company,
the Contractor.
Change Order No. 2 was adding utility ditch backfill remediation in
Milwaukee from 92nd Street south to 98th Street, and on 98th Street from
Milwaukee Avenue east to Juneau Avenue.
Change Order No. 3 was the change in the contract for five different items of
work:
(1) A change to use anti -corrosive material for the risers on 72" diameter
manholes. This change was requested by the City Water Utilities
Division. The change results in a deduction of the existing contract bid
item of $7,920 and an increase in cost of the new bid item for the
anti -corrosive material of $12,420 for a net contract increase of $4,500 for
this work.
(2) The addition of work zone pavement markings that was not included in the
original contract. These temporary pavement markings will be needed
from 34th Street to 43rd Street where traffic will be maintained on
Milwaukee Avenue for the school at 43rd Street. These pavement
markings are estimated to be $1,409.
(3) Irrigation sleeves installed in the median between Brownfield Highway
and Spur 327. In cooperation and coordination with Texas Parks and
Wildlife Department, and the City Parks Department, it was determined to
have a median constructed in this portion of Milwaukee Avenue crossing
McAlister Park that would have an area for live planting material. These
sleeves were added to the contractor's work to provide water lines for
irrigation to these planting areas in the median. This cost is estimated at
$5,840.
(4) Lowering the water line below planned elevation immediately north of
82nd Street. After the original design of the water line was completed, it
was discovered there were some 3 or 4 utilities in direct conflict with the
proposed water line to be constructed in Milwaukee Avenue. Included in
the utility conflicts were a high pressure gas line, and fiber optic cables. It
was determined to lower the water line in order to miss all the existing
utilities. The additional work required to achieve the depth needed will
cost $28,519.
(5) Asphalt stabilized base (black base) between the bottom of the concrete
paving, and the top of culverts with less than 2 feet of cover. There was
design concern of stability and waterproofing of dirt backfill in this
shallow depth area of the cover over the culverts. There are six culverts,
and all six culverts have shallow cover. This asphalt stabilized base over
the culverts is estimated to cost $107,000.
Change Order No. 4 is a change for five different items of work:
(1) Remove loop detectors from contract resulting in a decrease in the
contract amount of $24,000.
(2) Add advance detection cameras for traffic signal timing and detection of
traffic at an increased cost of $12,000.
(3) Reduced cost due to a change in the testing requirements consistent with
what was approved in Change Order No. 2. Reduction of $19,647.
(4) Add concrete paving for two right turn flares for driveways into the new _
Wal-Mart store located at the southeast corner of 82nd & Milwaukee.
Wal-Mart will reimburse the City the cost to construct these two right turn
lanes. This paving will increase the cost of the contract by $38,161.
(5) Add additional paving to provide dual left turn lanes on US 62/82 for east
and west bound traffic to make left turns onto Milwaukee Avenue. This
additional work will increase the contract by $67,853.
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FISCAL IMPACT
The 2005-06 Capital Projects Budget has a budget for this project of $20.5
million. With the contracted construction (including this change order) and
engineering, a total of $19,343,971 will be obligated for this project.
Staff recommended approval of this resolution.
5.14. This item was moved from consent agenda to regular agenda and
considered following Item 5.12.
5.15. This item was considered following Item 5.14 and then held until Council
reconvened at 1:00 P.M., and was considered following Item 6.11.
5.16. Purchase Resolution - Water Utilities: Resolution No. 2006-RO111 for the
purchase of fire service compound water meters - BID #06-007-BM.
RESOLUTION NO.2006-RO111
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards that portion of Bid # 06-007-BM (the "Bid"),
respecting the property described as (i) a Three-inch Fire Service Compound Water
Meters; and (ii) a Ten -inch Fire Service Compound Water Meters, as more particularly
described as bid items number 1 and number 5, respectively, in the Bid to Morrison
Supply of Lubbock, Texas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City of Lubbock awards that portion of the Bid, respecting the property
described as (i) Four -inch Fire Service Compound Water Meters; (ii) Six-inch Fire
Service Compound Water Meters; and (iii) Eight -inch Fire Service Compound Water
Meters, as more particularly described as bid items number 2, number 3 and number 4,
respectively, in the Bid (bid items number 1 through number 5 are collectively referred to
herein as the "Property"), to K.W. Sharp, Inc. of Lubbock, 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 pursuant to the Bid.
Passed by the City Council this 8th day of March, 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
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Large meters are defined as three-inch and above. These meters generally
serve non-residential customers. Generally speaking, the larger the meter, the
greater the water consumption, the greater the loss of revenue if the meter is
old and/or malfunctioning. The City has 600 large meters in a system with
75,000 meters. While large meters represent less than one percent of the
meters in the system, water consumption through large meters is 45% of the
City's total water consumption.
Water Utilities staff has identified 280 large meters that are older than 10
years and 80 meters that are malfunctioning. Staff have adopted the American
Water Works Association's recommendation to change out large meters every
ten years.
Based on system averages, it is estimated that these old and malfunction
meters result in a loss of approximately 48 million gallons of water each
month, which is equivalent to $900,000 in combined revenue for the water
and sewer funds.
FISCAL IMPACT
A total of $220,535 was appropriated in account 91049.9241.40000 for this
purpose.
Staff recommended bid award to KW Sharp of Lubbock, Texas for S 123,064
and to Morrison Supply of Lubbock, Texas for $29,619.50.
5.17. Purchase Resolution - Police Department: Resolution No. 2006-RO112 for
the purchase of a walking bomb rescue service truck and related
equipment through the Houston -Galveston Area Council (H-GAC)
purchasing cooperative.
RESOLUTION NO. 2006-R0112
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of a walking bomb rescue service
truck completely equipped with related items, as more particularly described in that
certain contract pricing worksheet from H-GAC (the "Property"), to Daco Fire &
Equipment of Lubbock, Texas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Mayor 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 8th day of March, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman/MA
Victor Kilman
Director of Purchasing and Contract Management
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
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Assistant City Attorney
This purchase is for a walking bomb rescue service truck completely equipped
with related items including transport boxes, hook and line kit, protective
bomb suit and helmet, disrupter kit, assorted hand tools and self-contained
breathing apparatus. This truck and related equipment will be used by
Lubbock Police Department bomb technicians to respond to explosive device
situations. Funding is through the Texas State Homeland Security 2005 grant
award. The truck will be purchased through the Houston -Galveston Area
Council (HGAC). H-GAC is a regional planning commission created under
Acts of the 59th Legislature, Regular Session, 1965, re -codified as Texas
--- Local Government Code, Chapter 391.
The truck will be purchased through the Houston -Galveston Area Council
(HGAC). H-GAC is a regional planning commission created under Acts of
the 59th Legislature, Regular Session, 1965, re -codified as Texas Local
Government Code, Chapter 391.
The Homeland Security Grant Program CFDA 97.073 provides funds for the
purchase of equipment to enhance the city's capability for response to all
hazards with particular emphasis on terrorism response.
FISCAL IMPACT
A total of $408,363 was appropriated with $408,363 available in account
87019.9226, State Homeland Security Program 2005.
Staff recommended contract award to DACO Fire Equipment of Lubbock,
Texas for $199,431, through the H-GAC purchasing cooperative.
5.1. Code of Ordinances Ordinance 2nd Reading - Health: Ordinance No.
2006-00025 amending Chapter 4 of the Code of Ordinances with regard
to regulating the keeping of animals within the City of Lubbock;
providing for criminal penalties; providing a savings clause; and
providing for publication.
ORDINANCE NO.2006-00025
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY OF LUBBOCK;
PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
The Council approved the first reading of the amended animal ordinance on
February 24, 2006 with recommended changes to Section 4-33(a)(1). The
ordinance passed the first reading 7-0.
Review and discussion of an amended animal ordinance began approximately
two years ago. The amended ordinance is the result of significant
collaborative efforts between two city appointed advisory boards, citizen
comments, staff input, and public hearings. The Animal Shelter Advisory
Board, under the leadership of Dr. Larry Farley, and the Lubbock Board of
Health, under the leadership of Immediate Past -Chair Dr. John Selby,
participated in the development of this ordinance.
A comprehensive ordinance is essential for establishing a successful animal
care and services program and for helping ensure immediate, as well as long-
term, results. Effective animal control ordinances and state statutes typically
evolve over a period of years. The proposed animal ordinance allows for the
following:
protects public safety through mechanisms for preventing animal bites,
attacks, and accidents caused by free -roaming animals;
protects public health through mechanisms for preventing the spread of
zoonotic diseases, especially rabies;
discourages the breeding of cats and dogs and encourage their spaying and
neutering;
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ensures that every pet is traceable to its owner in order to foster responsible
pet -owner accountability and increase the numbers of lost pets reunited with
their owners;
regulates all persons selling, boarding, displaying, harboring, or otherwise
using animals;
• deals with the protection as well as the control of animals;
treats dogs and cats as the primary concern, but also provide for the control
and protection of other species;
attempts to anticipate and provide remedies for animal -related problems
likely to occur within the community;
places penalties on irresponsible animal owners;
• includes strong implementation and enforcement procedures.
A public hearing was conducted on January 10, 2006 with approximately 100
citizens in attendance and 23 people signed up to speak. Many of the citizen
recommendations were incorporated into the final version of the ordinance.
The Animal Shelter Advisory Committee gave its final review and approval
on February 7, 2006 followed by similar action by the Lubbock Board of
Health on February 10, 2006.
The 37-page ordinance is divided into five major Articles with 41 Sections.
Many of these sections are in the current ordinance and are receiving minor
changes whereas other sections are entirely new.
SIGNIFICANT NEW CHANGES BY ARTICLE AND SECTION
Article 1—In General
At -Large definition — Cats are not confined but must be identified, spayed,
neutered, and properly vaccinated if running loose.
Feral Cats — new definitions are now included.
Dangerous Wild Animals — outlawed except for existing that are grand
fathered.
Section 4-7 Tethering of Animals — prohibits prolonged tethering unless
properly fenced.
Section 4-9 Defecation of Dogs on Public and Private Property — this is a
new section prohibiting the defecation of dogs on public or private property
and requires the dog owner to have materials in possession to immediately
remove any excreta the dog may have deposited.
Section 4-10 Unabated Nuisances — new section and new tool to address
recurring animal related problems.
Section 4-14 Number of Dogs and Cats at Residences / Multi -Pet Permit This section places a limit on the number of adult dogs a single resident can
possess at four and the number of adult cats at four. There is a provision to
exceed that number by obtaining a multi -pet permit. These changes are
being coordinated with the Zoning Board but there may be a slight period of
conflict between adoption of the Animal Ordinance and adoption of zoning
requirements.
Section 4-15 Feral Cat Management — This is a new section dealing with
managed feral cat colonies within the city limits. Considerable input was
received from concerned citizens to establish this section and have a
managed feral cat program.
Article II -Rabies and Zoonosis Control
Section 4-20 Identification/Registration Tag and/or Microchip Required —
This re-establishes the registration tag program for cats and dogs.
Microchipping is new technology that is being addressed in the ordinance.
Section 4-24 Animal Assistance Program — This is a new section to
promote a sterilization program to eventually reduce the number of
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unwanted animals having to be euthanized on an annual basis. Only those
fees generated from the registration tags would be directed into this new
program.
Article III -Animal Establishments
• Section 4-30 Private Animal Sales
Article IV —Other Animals
Section 4-33 Keeping of Dangerous Wild Animals This section outlaws
the keeping of dangerous wild animals. Exceptions include:
(1) if a person and his or her facility housing such dangerous wild animal(s)
complies with all applicable federal, state, and local laws and regulations,
including, but not limited to, the acquisition and retention of all applicable
permits, prior to final adoption of this ordinance, said person may
maintain dangerous wild animal(s) in the above -described facility in
compliance with all federal, state and local laws, including, but not limited
to Chapter 822 of the Texas Health and Safety Code, as amended;
(2) a governmental agency or entity acting in an official capacity;
(3) a government -operated zoological park;
(4) a permitted Wildlife Educational Center, animal exhibitions with valid
state or federal permits; or
(5) a holder of an Animal Dealer or Animal Establishment with a Wild
Animal permit. The possessor of the Dangerous Wild Animal shall have
all applicable state and/or federal permits to possess the species in
question.
Article V—Fees
Section 4-40 Fees for Registrations — Several new fees have been proposed
and several others adjusted. Revenue from the dog and cat fee registration
will be used in an animal population control fund to promote sterilization of
animals. A rabies quarantine fee will be implemented to address 10 day
quarantine periods for biting animals. Adoption fees have been
standardized. A non-resident fee is established.
FISCAL IMPACT
Total annual revenue is expected to increase by $100,000. Approximately
$60,000 of this revenue is attributed to registration fees and re-establishing
that program.
The Lubbock Health Board, Animal Shelter Advisory Committee, Health
Department and Animal Services staff recommended approval of the second
reading of this ordinance.
Council Member Gilbreath recognized Dr. Ted Hartman, who is the new
Chairman of the Board of Health.
Tommy Camden, Health Director, gave comments and answered questions
from Council.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to pass on second and final reading Ordinance No. 2006-00025
with amendments to the language in Section 4-18(b) and 4-33(a)(1). Motion
carried: 7 Ayes, 0 Nays.
5.11. Contract Resolution - Community Development: Resolution No.
2006-R0113 authorizing and directing the Mayor to execute for and on
behalf of the City of Lubbock a Community Development Funding
Contract and all related documents between the City of Lubbock and the
South Plains Association of Governments to fund 2-1-1 Information and
Referral Program.
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RESOLUTION NO.2006-RO113
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 South Plains Association of
Governments for the Area Agency on Aging Information & Referral (211) Program and
all related documents. 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 City Council.
Passed by the City Council this 8th day of March, 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/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the contract is filed with Resolution No. 2006-RO113.
Grantee: South Plains Association of Governments
Program: 2-1-1 Information and Referral Program
Funding Source: 2006 Community Services Block Grant through Texas
Department of Housing and Community Affairs
Use of Funds: The funds will be used to conduct information and referral
services for Lubbock County residents and for the production and update of
the information and referral guide.
Amount: $63,800
Match: None
Return of Investment: None.
Terms: March 8, 2006 through December 31, 2006
Comments: Funding for this Contract was approved by the Community
Development and Services Board during their regularly scheduled meeting
held on February 8, 2006 in response to directive provided by City Council
during their meeting held on January 31, 2006. SPAG's policy regarding
"Pregnancy Counseling/Abortion Referrals" is attached for your review.
FISCAL IMPACT
State funds will be used from the Community Services Block Grant. The
maximum to be allocated to this project is $63,800.
Staff recommended approval of this resolution.
Nancy Haney, Executive Director of Community Development, gave
comments and answered questions from Council. She explained to Council
that the policy statement from SPAG states that they do not make abortion
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referrals or refer individuals to the telephone book. Community Development
staff would also go out and routinely check the 2-1-1 system and specifically
check to make sure SPAG is in compliance with this policy. Community
Development will have documentation in their office to that effect, any time
Council wants to look at it.
Mayor Pro Tern Martin read the exact language of his motion that was made
before the SPAG Board, which said, "It was the policy of the South Plains
Association of Governments that the Information Referral Specialist shall
make no referrals to any agency that advocates abortion or any agency that
funds or provides abortion as a method of birth control." This was adopted by
the SPAG Board in January 2005.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Price to pass Resolution No. 2006-RO113 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.12. Contract Resolution - Storm Water: Resolution No. 2006-RO114
authorizing the Mayor to execute a contract between the City of Lubbock
and Parkhill, Smith and Cooper, Inc. for the feasibility and planning
study associated with the Master Drainage Plan Update for Maxey Park
and Northwest Lubbock Drainage Planning Area.
RESOLUTION NO.2006-RO114
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a professional services Agreement with
Parkhill, Smith & Cooper, Inc., any associated documents, for engineering services
pertaining to a drainage feasibility study and Master Drainage Plan Update for Maxey
Park and the Northwest Lubbock Drainage Planning Area, a copy of which Agreement is
attached hereto and made a part hereof for all intents and purposes.
Passed by the City Council this 8th day of March, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marsha Reed
Marsha Reed, PE, Storm Water Engineer
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Agreement is filed with Resolution No. 2006-RO114.
The results of the Maxey Park Feasibility Study for upsizing the storm sewer
from Maxey Park to Tech Terrace Park were presented at the January 13,
2005 City Council meeting. The study results illustrated that there was no
good alternative that would improve the flood risk at Maxey Park without
increasing the flood risk at Tech Terrace Park. During this presentation, staff
recommended additional study with other options for Maxey Park. City
Council instructed Staff to proceed with the additional alternatives and to take
a look at drainage on the Northwest part of the City and how all of the storm
water could possibly be tied in for future use as a water resource.
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Staff has been negotiating a contract for this work for some time due to the
variety of studies that are being combined into this one contract and because
of other high priority projects. This contract includes three sub -projects
including Maxey Park Feasibility Study, Quaker Avenue from 34th Street to
50th Street Feasibility Study, and the Master Drainage Plan Update and
Extension for the Northwest part of the city.
The Maxey Park Feasibility Study includes a look at upstream detention at
playa lake #42 and a separate outfall line as possibilities for reducing flood
risks around Maxey Park. This study will include monitor wells at playa lake
#42 to determine groundwater depths and types of material. The separate
outfall line to east or north will be looked at to determine feasibility of
routing, flood risk protection and probable costs of each alternative.
Quaker Avenue from 34th to 50th Streets has flooded several times over the
years even though it is not shown on the FEMA flood maps. The study will
attempt another look at the possibility of either a center channel or side
channels to reduce the depth of water running down Quaker Avenue in heavy
storm events. The feasibility of each alternative will be reviewed and
probable costs will be determined.
The Northwest Master Drainage Plan update will include updating the current
Master Drainage Plan for playa systems A, B, and C. It will also look at
portions of the ETJ that extend north to the Clovis Highway and west to FM
179. These areas have not yet been studied by the City and this will give City
staff and developers needed information for developments proposed in the
future for the northwest side of the city.
The contract also includes one public meeting and three City Council
presentations on the findings of the studies. The total amount of the contract
is a not to exceed amount of $799,653. The contract includes estimated
completion by June 2007.
FISCAL IMPACT
$800,000 was appropriated in the Northwest Lubbock Master Plan and Maxey
Park Study, Project 91050, FY 2005-06 capital projects budget.
Staff recommended approval of this resolution.
Marsha Reed, Civil Engineer, gave comments and answered questions from
Council. Council Member Boren asked Ms. Reed to keep Council posted on
how the plan and study develops.
Mayor Pro Tern Martin brought it to Council's attention that on February 24,
2006, the Lubbock Engineers Association recognized Marsha Reed as the
Engineer of the Year in Lubbock.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to pass Resolution No. 2006-R0114 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.14. Contract Resolution - Street Drainage Engineering: Resolution No.
2006-RO115 authorizing the Mayor to execute a contract with Allen
Butler Construction, Inc. for construction of paving and drainage
improvements on 98th Street from Slide Road to Juneau Avenue - BID
#05-150-BM.
RESOLUTION NO.2006-RO115
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 with Allen Butler
Construction, Inc. for the construction of paving and drainage improvements from Slide
Road to Juneau Avenue, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
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Passed by the City Council this 8th day of March, 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/ John Knight
John Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 8th day of March, 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 Allen Butler Construction, Inc., 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 #05-150-13M - 98th STREET ROADWAY AND DRAINAGE IMPROVEMENTS
FROM SLIDE ROAD TO FRANKFORD AVENUE - $14,746,414.24
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. ALLEN
BUTLER CONSTRUCTION, INC bid dated FEBRUARY 2, 2006 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.
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.
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CONTRACTOR
Allen Butler Construction, Inc.
By: /s/ Allen Butler
PRINTED NAME: Allen Butler
TITLE: President
COMPLETE ADDRESS:
Allen Butler Construction, Inc.
24 S. Lakeshore Drive
Ranson Canyon, TX 79366
ATTEST:
/s/ Maralyn Butler
Corporate Secretary
CITY OF LUBBOCK, TEXAS
(OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ John M. Knight for
City Attorney
This project involves the reconstruction of an existing unstable utility ditch
from Slide Road to Juneau Avenue, construction of a regional storm sewer to
improve local drainage, construction of an extension to the South Lubbock
Drainage System from Slide and Juneau, and construction of thoroughfare
paving improvements on 98th Street from Slide Road to Frankford Avenue.
Asphalt strip paving from Frankford Avenue to Juneau Avenue is included in
the project to provide all weather access to the new subdivisions being
developed along that portion of 98th Street.
Allen Butler Construction Company, Inc. submitted the low bid of
$14,746,414. One other bidder, Granite Construction Company, submitted a
bid of $18,451,391. Both bids exceed the engineer's opinion of probable cost,
which was $12.2 million.
FISCAL IMPACT
The funding for this contract in the amount of S 17,543,000 is available from
three sources as follows:
1. 98th Street from Slide Road to Frankford Avenue 90093 $6,643,000
2. South Lubbock Storm Sewer 90141 4,,00,0004,000
3. 98th Street Compaction Repair 91081
The City of Lubbock has had satisfactory experience with Alan Butler
Construction related to new subdivision street paving construction and
reconstruction of streets in the Overton Park redevelopment area. The City
has also had satisfactory experience with the subcontractors listed in Allen
Butler Construction Company's bid. The City has had satisfactory experience
with Granite Construction Company related to construction of concrete street
construction on Milwaukee Avenue from 34th Street to 92nd Street. Both
contractors are considered to be capable of completing the construction
proj ect.
Staff recommended contract award to Allen Butler Construction Company,
Inc. of Lubbock, Texas for $14,746,414.
Larry Hertel, City Engineer, gave comments and answered questions from
Council.
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Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Price to pass Resolution No. 2006-R0115 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Council Member Gilbreath recused himself.
6. REGULAR AGENDA
6.1. Public Hearing - 10:00 AM - Zoning: Ordinance No. 2006-00026 Zone
Case No. 1811-E (8301 Indiana Avenue): Hold a public hearing to
consider request of Bobby McQueen (Xstream Partners) for a zoning
change from C-2 to C-3 limited to a drive through car wash and all
unconditionally permitted C-2 uses on Lots 17-A and 18-A, Iris Gardens
Addition.
ORDINANCE NO.2006-00026
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1811-E; A ZONING CHANGE FROM C-2 TO C-3
LIMITED USE AND ALL UNCONDITIONALLY PERMITTED C-2 USES FOR
A DRIVE THROUGH CAR WASH, ON LOTS 17-A AND 18-A, IRIS GARDENS
ADDITION, LUBBOCK, TEXAS; SBUEJCT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 10:35 a. in. No one appeared
on behalf of Xstream Partners. No one appeared in opposition. Mayor
McDougal closed the hearing at 10:35 a. in.
The request is to rezone the property, which is the site of the former Mickey's
Steak House, from C-2 to C-3 with a limitation to a car wash.
Adjacent land uses:
N — commercial
S — church
E — commercial
W — split between commercial and residential
The request is consistent with the Comprehensive Land Use Plan in that it is
within the 660-foot area at the corner of two major thoroughfares. With the
proposed layout of the facility (the dryers will be located toward the east,
which is existing commercial, vacant property owned by the seller of this
parcel), the proposal is consistent with zoning policy.
The proposal should have no effect on the thoroughfare system since the
property has been used as commercial for years. One condition is noted
below that relates to curb cuts on Indiana and is consistent with the proposed
site plan proposed for the redevelopment.
The Planning Commission recommended the request with three conditions:
1. The parcel shall be zoned C-3 limited to a car wash and all permitted C-2
uses.
2. During redevelopment of the property, curb cuts to Indiana will be limited
to one.
3. The dryers of the tunnel shall be oriented toward the east.
FISCAL IMPACT
-- No impact.
Staff is in agreement with the recommendation of the Planning Commission.
Motion was made by Council Member Price, seconded by Council Member
Jones to pass on first reading Ordinance No. 2006-00026 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
Mayor Pro Tern Martin was away from the dais.
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6.2. Public Hearing - 10:00 AM - Zoning: Ordinance No. 2006-00027 Zone
Case No. 2126-F (53rd Street and Chicago Avenue): Hold a public
hearing to consider request of Hugo Reed and Associates, Inc. (for
Lubbock Apartment Association) for zoning change from CA to GO on
2.7 acres of unplatted land out of Section 28, Block E-2.
ORDINANCE NO.2006-00027
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1357-A; A ZONING CHANGE FROM R-1 AND M-1
TO IDP ZONING ON 586.097 ACRES OF UNPLATTED LAND OUT OF
SECTION 7, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:35 a. in. No one appeared
on behalf of Lubbock Apartment Association. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:35 a. in.
The request is to downzone a portion of a larger lot that is now CA
(Commercial Apartment) to Garden Office. The Lubbock Apartment
Association intends to locate their office on the property.
Adjacent property:
N — apartments
S — vacant
E - apartments
W — apartments
The proposal is consistent with both the Comprehensive Land Use Plan and
zoning policy. The project will have no effect on the thoroughfare system.
FISCAL IMPACT
No impact.
The staff supports the recommendation of the Planning Commission.
Motion was made by Council Member Price, seconded by Council Member
Jones to pass on first reading Ordinance No. 2006-00027 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
Mayor Pro Tern Martin was away from the dais.
6.3. Public Hearing - 10:00 AM - Zoning: Zone Case No. 1357-A (East Kent
to East Ursuline, I-27 to MLK): Ordinance No. 2006-00028 Hold a
public hearing to consider the request of Lubbock Economic
Development Alliance for a zoning change from R-1 and M-1 to
Industrial Park (IDP) on 586.097 acres of unplatted land out of Section 7,
Block A.
ORDINANCE NO. 2006-00028
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2126-17; A ZONING CHANGE FROM CA TO GO
ZONING ON 2.7 ACRES OF UNPLATTED LAND OUT OF SECTION 28, BLOCK
E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:35 a. in. No one appeared
on behalf of Lubbock Economic Development Alliance. No one appeared in
opposition. Mayor McDougal closed the hearing at 10:35 a. in.
The applicant is requesting that the majority of the square mile between
Ursuline, Kent, MLK and Interstate 27 be zoned for an industrial park. The
applicant is Lubbock Economic Development Alliance (LEDA).
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Adjacent land uses:
N — residential, targeted as IDP
S — residential
E — mostly vacant, and a mixture of nonconforming commercial and
residential, targeted as IDP
W — I-27
The square mile has been targeted as IDP since 1975 on the Comprehensive
Land Use Plan. The small neighborhood north of the requested zone case,
which is sparsely developed as residential, is targeted over the long range as
an industrial park. The neighborhood was annexed prior to the adoption of the
current Comprehensive Land Use Plan, and there is no insinuation by the
designation on the Plan that the residential will melt away, but the long-term
designation is the result of adjacent land uses and particularly the location just
south of the airport.
Beyond the fact that much of the industrial development in Lubbock has been
to the North and Southeast, one reason for the industrial status is the location
of the Airport and the orientation of the north/south runway. If a plane
happens to land short, or flames out and goes down just after take -off, the
theory in land use is that an industrial area is better than a residential area.
Because of the aircraft noise and potential danger, the entire area around the
airport that is in the City is targeted as heavy commercial or industrial due to
the influence of the aircraft and airport related activities.
Several adjacent owners have indicated in written returns a concern for
diminished property value. The staff is not in agreement that will be the case
due primarily to the existing conditions in the area. In addition, LEDA does
not have an immediate prospect, so the build -out of the section will be long-
term. Unless the resident lived in their home prior to 1975, the
Comprehensive Plan has indicated "IDP" as the proposed land use and should
not be a surprise. At least two adjacent residents were at the meeting, but no
citizen spoke in opposition. The Planning staff had visited with several folks
that received notice letters prior to the meeting.
The request complies with the Comprehensive Land Use Plan and future
development will comply with IDP development standards. The best location
in Lubbock that typifies IDP (although it is zoned M-1) is the former Texas
Instruments campus. LEDA has the same objective for this area, that a
quality, viable industrial park be available for development as prospects are
generated.
The Planning and Zoning Commission recommended approval of the request
with the following conditions:
1. A fifty foot setback for any structure shall be required for lots that are
adjacent to Kent or Ursuline.
2. No screening fences adjacent to a street shall be required on the entire
perimeter of the project. (Screening of outside storage is already a Code
requirement in IDP).
Motion was made by Council Member Price, seconded by Council Member
Jones to pass on first reading Ordinance No. 2006-00028 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
Mayor Pro Tern Martin was away from the dais.
6.4. Public Hearing - 10:00 AM - Zoning: Ordinance No. 2006-00029 Zone
Case No. 2519-D (6015 Spur 327): Hold a public hearing to consider the
request of Parkhill, Smith & Cooper (for RCS Land Company, Inc.) for a
zoning change C-4 to Interstate Highway Commercial (IHC) on 3.39
acres of unplatted land out of Section 36, Block AK.
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ORDINANCE NO.2006-00029
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2519-1); A ZONING CHANGE FROM C-4 TO IHC
ZONING ON 3.39 ACRES OF UNPLATTED LAND OUT OF SECTION 36,
BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:35 a. m. No one appeared
on behalf of RCS Land Company, Inc. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:35 a. m.
The applicant is requesting Interstate Commercial in a location surrounded
primarily by IHC and C-4. The existing zoning is C-4, limited to new car
sales. The zoning on this location is from a remnant zone case from when the
area was just developing and patterns of adjacent land uses had yet to be
established. Since that time, all of the area to the west between Spur 327 and
66th Street has been zoned IHC, and most of the land to the east is zoned C-4
with a list of uses that are not permitted. IHC does not allow billboards as a
permitted use.
Adjacent land uses are commercial in all directions.
The request is compatible with the Comprehensive Land Use Plan, since Spur
327 is a regional highway and eligible for heavier commercial zoning. The
applicant has been informed of what is allowed to be displayed outside in the
IHC District. The project will not have an impact on the thoroughfare system.
FISCAL IMPACT
No impact.
Staff supports the recommendation of the Planning Commission.
Motion was made by Council Member Price, seconded by Council Member
Jones to pass on first reading Ordinance No. 2006-00029 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
Mayor Pro Tern Martin was away from the dais.
6.5. Public Hearing - 10:00 AM - Zoning: Ordinance No. 2006-00030 Hold a
public hearing for changes to the Code of Ordinances, Section 29,
regarding signs and electronic message signs.
ORDINANCE NO.2006-00030
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-3 ENTITLED "DEFINITIONS" BY AMENDING
SECTION 29-3(14)b TO INCLUDE ELECTRONIC MESSAGE DISPLAYS AND BY
ADDING DEFINITIONS (I05h.1) FOR "SIGN, ELECTRONIC GASOLINE PRICE"
AND (105H.2) FOR "SIGN, ELECTRONIC MESSAGE DISPLAY;" BY AMENDING
PARAGRAPHS (c)(2) AND (f)(1)a BY ADDING EXCEPTIONS TO THE
PROHIBITION AGAINST SIGNS WITH FLASHING, BLINKING OR TRAVELING
LIGHTS; BY ADDING PARAGRAPH (f)(1)j TO INCLUDE ELECTRONIC
MESSAGE SIGNS IN NONCONFORMING SIGN ABATEMENT; BY AMENDING
SECTION 29-26(o) TO ALLOW BILLBOARDS WITH ELECTRONIC MESSAGE
DISPLAYS; BY REPEALING SECTIONS 29-26(h)(5)b5, 29-26(i)(7)b5 AND 29-
26(i)(8) REFERRING TO PRISM AND ROTATING SIGNS; AND BY ADDING
PARAGRAPH 29-26(i)(10) TO ADD ELECTRONIC GASOLINE SIGNS AND
PARAGRAPH 29-26(i)7B7 TO REGULATE ELECTRONIC MESSAGE DISPLAYS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:36 a. m. No one appeared
to speak in favor of changes to the Code of Ordinance, Section 29. Warren
McNeill from Lubbock Christian University, Shirley Schleuse and Mike
Webster with Lamar Advertising, Richard Whittenburg with City Bank, and
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Jimmy Reagan with Trinity Baptist Church appeared in opposition. Mayor
McDougal closed the hearing at 10:45 a. in.
Over the last several years the Planning and Zoning Commission has held
three work sessions and three public hearings on the topic of electronic
message signs. The discussions have focused on the ability to use new
technology (LED lights) to replace the old plastic letter reader boards, without
creating a hazard to traffic. As was stated during one of the public hearings of
the Planning and Zoning Commission, "one of these signs would be neat.
However a whole mile of them changing at different times would definitely
create a nuisance to traffic safety."
-� The primary reason for controlling electronic message signs can be found in
the Purpose Statements (29-2) and the objectives of the City of Lubbock
Zoning Code and the section of that code that controls signs (29-26).
The overall purpose of the City of Lubbock Zoning Code is to promote and
protect the health, safety, comfort, convenience, prosperity and general
welfare of the citizens of Lubbock. Purpose Statement 29-2(9) is a specific
purpose stating: "to promote a safe, effective traffic circulation system."
The overall purpose of the City of Lubbock Sign Code is to provide uniform
sign standards which promote a positive city image reflecting order, harmony
and pride and thereby strengthening the economic stability of Lubbock's
business, cultural and residential areas. Again, under the purpose section in
29-26 the following is stated:
(1) To identify individual business, residential, and public uses without
creating confusion, unsightliness, or visual obscurity of adjacent
businesses.
The City of Lubbock Code does not outlaw signs with flashing, blinking or
traveling lights. As a way of reducing the confusion these signs can create,
and promote a safe traffic system, the City of Lubbock Code requires signs
with flashing, blinking or traveling lights to be located at least 1,000 feet from
a street intersection.
This section was not put in the sign code to specifically control electronic
message signs. This section of the code was designed predominately to
control flashing arrow signs, rotating beacons, emergency flashers and other
types of signs with flashing or traveling lights. However, this section also
controls the location of electronic message signs.
During their work sessions the Planning and Zoning Commission indicated
they would like to hold a public hearing on an ordinance that allowed the
utilization of the newer LED lighting technology of electronic message
displays, and not discriminate against a businesses ability to have an
electronic message display based on its proximity to an intersection. The
Commission remains adamant about not allowing signs that create confusion,
operate in an unsafe fashion, or detract from a positive city image.
With the sign code purpose statement as a guide, the Planning Commission
adopted changes that:
(1) Makes billboards with electronic message displays, operate in the same
fashion as other electronic message display signs;
(2) Eliminates rotating signs;
(3) Outlines general provisions for "time and temperature signs" and their
operation;
(4) Outlines general provisions for "gasoline price signs" and their operation;
and,
(5) Defines "electronic message display signs" and their placement and
operation.
The recommendation is that the sign be displayed with one message for one
day, and that a change may be made between midnight and 6:OOam.
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A copy of the City of Lubbock Sign Code with the proposed changes that
were unanimously approved by the Planning and Zoning Commission
integrated into it and two DVD messages and public relations handbooks from
companies that build, use or sell the electronic signs are provided.
The page numbers referenced in this memo correspond to the page numbers in
the attached document where the proposed change appears:
Page 1
Sec. 29-3(14) changes the term "multi -prism" sign to the new term electronic
message display. The definition of an electronic message display covers
multi -prism signs and other types of changeable signs. This also adds the
same operational controls to billboards with electronic message displays as
with on premise signs with electronic message displays.
Sec. 29-3 (105h.1) is the proposed definition for an electronic message
display. This definition is based on a sign that is electronically or
mechanically changed in some form or fashion. This definition is not limited
to the red LED signs but includes multi prism signs (where the message is
changed by reorienting cards of contrasting color), LCD signs, LED signs,
etc., any sign that is electronically or mechanically changed by remote or
automatic means.
Page 3
Sec. 29-26(b)(12) separates time and temperature signs from other types of
changeable signs. This section prohibits time and temperature signs from
having other types of messages on them. This prevents a sign from alternating
between time and temperature and a message. It's either a time and
temperature sign, or an electronic message display sign. A sign can't be both
a time and temperature sign, and an electronic message display sign.
Sec. 29-26(b)(13) does the same thing for gasoline price signs as (b)(12) does
for time and temperature signs.
Sec. 29-26(c)(2) takes electronic message displays, time/temperature signs,
and gasoline price signs out of the world of flashing, blinking, or traveling
lights. However, it still requires other types of signs with flashing, blinking,
or traveling lights to be at least 1,000 feet from any street intersection and
have at least 43 feet of setback from any street right-of-way.
Page 5
Sec. 29-26(f)(1)(a) coordinates the nonconforming sign abatement section
with the rest of the sign code.
Page 6
Sec. 29-26(f)(1)0) gives electronic message display signs, time and
temperature signs and gasoline price signs in newly annexed areas 6 months to
come into compliance with the City of Lubbock sign code. If this section
were left out, the signs in a newly annexed area would have 6 %2 years to come
into compliance with the operational requirements.
Page 8
Sec. 29-26 (h)(5)(b)(5) takes rotating freestanding signs out of the apartment,
garden office and medical districts.
Page 11
Sec. 29-26 (i)(7)(b)(5) and Sec. 29-26(i)(8) takes rotating free-standing and
rotating roof signs out of the commercial districts.
Page 12
Sec. 29-26(i)(10) Places operational requirements on all electronic message
display signs. This includes freestanding signs, wall signs, canopy signs and
any other types of signs that may include an electronic message display.
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(a) Controls the way the page/message is displayed on the sign. This section
requires the page/message to be static with no movement or even the
appearance of movement.
(b) Limits each message to one page. This prevents, signs that kept your
attention by only giving you a portion of the message. This technique
keeps you looking at the sign in anticipate what the sign is going say next.
(c) Requires the sign to change in the equivalent of a blink of the eye.
(d) Based on the direction given to the staff by the Planning and Zoning
Commission, several options pertaining to the minimum display time were
prepared for their consideration.
Option 1, treats all lots, regardless of distance to a street intersection, the
same.
"Each message/page on the sign must be displayed for a minimum of
(to be discussed by Council) (minutes / hours)."
Option 2, still allows electronic message signs regardless of distance to a
street intersection. However, it regulates the rate of change for signs at or
near an intersection differently than signs away from an intersection. Option
2 also defines the type of intersection, and how the distance is to be measured.
"(i) Signs with electronic message displays which are located within
(to be discussed by Councils (feet / tenth of a mile) of an intersecting street on
the same side of the roadway, measured from the nearest portion of the sign to
the center line of the intersecting street, must display each message/page on
the sign for a minimum of (to be discussed by Council (minutes / hours).
(ii) Signs with electronic message displays which are located greater than
(to be discussed by Councils (feet / tenth of a mile) of an intersecting street on
the same side of the roadway, measured from the nearest portion of the sign to
the center line of the intersecting street, must display each message/page on
the sing for a minimum of (to be discussed by Councii) (minutes / hours)."
In both options staff did not make a recommendation pertaining to the length
of time a message/page had to be displayed.
In option 2 staff did make a recommendation pertaining to the distance from
an intersection for the different rates of change. Based on ease of
measurement for the sign owners, sign contractors and the code enforcement
officers, the Planning Staff proposed 1/10 of a mile to be a good distance that
would be easy to measure.
The Planning and Zoning Commission chose option 1, requiring all lots,
regardless of distance to an intersection, to display each message/page at least
24 hours. And requiring that the message change occur during the hours of
midnight and six in the morning.
The Planning Commission saw this as an effective way to allow the use of
electronic display signs as an alternative to plastic letters on a reader board
without creating the confusion associated with flashing red lights up and down
the street.
Page 13
Sec. 29-26(o)(10) adds the same operational controls on billboards with
electronic message display signs as on premise electronic message display
signs
FISCAL IMPACT
No impact.
Staff supports the unanimous recommendation of the Planning and Zoning
Commission for all the changes including the 24-hour change rate.
Bill Boone, Planner, gave comments and answered questions from Council.
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Mayor McDougal suggested doing away with Section 29-26(b)(12), which
prohibits time and temperature signs from having other types of messages on
them.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Gilbreath to pass on first reading Ordinance No. 2006-00030 with the
following amendments:
■ eliminate Section 29-26(b)(12),
■ allow a change time often (10) seconds,
■ instruct the staff to make the language fit so that it is modeled after the
City Bank sign (i.e. a free-standing sign, unique messages on each
flash),
■ bring the suggested language back for second reading,
■ include a statement that says it is the intent of the Council that this
ordinance is not to replace, override, or reduce the underlying sign
ordinance of the City, which regulates free-standing fascia, setbacks,
height, square footage, etc., so that we have some legislative intent
built into the ordinance.
Motion carried: 7 Ayes, 0 Nays.
6.6. This item was considered following Item 6.8.
6.7. Reallocation Resolution - Community Development: Resolution No.
2006-RO116 accepting the recommendations for the reallocation of
unspent 2005 funds from the Community Development Block Grant
(CDBG).
RESOLUTION NO.2006-RO116
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby accepts the
recommendations for the reallocation of the unspent 2005 funds from the Community
Development Block Grant (CDBG). The Recommendations for the reallocation are
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 8th day of March, 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/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the recommendations is filed with Resolution No. 2006-R0116.
That the City Council of the City of Lubbock hereby accepts the
recommendations for the reallocation of unspent 2005 funds from the
Community Development Block Grant (CDBG). The recommendations for
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the reallocation are attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
On January 11, 2006, the Community Development Services Board (CDSB)
met to discuss the reallocation of $471,952 in unspent 2005 CDBG funds.
After reviewing the spending priorities as presented by Council, the Board
voted unanimously to approve the funding recommendations as listed below.
The City Council then held a Public Hearing to give the citizens of Lubbock
the opportunity to voice their opinions on the proposed reallocation of funds.
The Public Hearing was held on February 24, 2006.
Agency Project Amount
COL -CD Department Sidewalks, Habitat for Humanity $ 10,000
YWCA of Lubbock Sun `n Fun Phase II 96,952
COL -CD Department Street Paving, W. End Neighborhood 250,000
Inside Out Ministry Facility Renovation 45,000
COL -CD Department Emergency Repair Program 70,000
Total $471,952
FISCAL IMPACT
The funds used are federal funds from the Community Development Block
Grant that include unspent monies from past projects and from program
income generated by other Community Development projects. The maximum
to be allocated for these projects is $471,952.
Community Development Staff supports the Board's recommendations.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2006-RO116 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Mayor Pro Tern Martin recused himself.
6.8. Participation Agreement Resolution — Water Utilities: Resolution No.
2006-RO117 authorizing the Mayor to execute a resolution authorizing
the City of Lubbock's (1) participation in the amount of project
construction costs for the Canadian River Municipal Water Authority;
and (2) the approval of and execution by the Mayor of the City of
Lubbock of an amendment to the City's Conjunctive Use Groundwater
Supply Agreement with the Canadian River Municipal Water Authority.
RESOLUTION NO.2006-RO117
A RESOLUTION AUTHORIZING THE CITY OF LUBBOCK'S (i)
PARTICIPATION IN THE AMOUNT OF PROJECT CONSTRUCTION
COSTS FOR THE CANADIAN RIVER MUNICIPAL WATER
AUTHORITY; AND (ii) THE APPROVAL AND EXECUTION BY THE
MAYOR OF THE CITY OF LUBBOCK OF AN AMENDMENT TO
THE CITY'S CONJUNCTIVE USE GROUNDWATER SUPPLY
AGREEMENT WITH THE CANADIAN RIVER MUNICIPAL WATER
AUTHORITY
WHEREAS, the City of Lubbock, Texas (the "City") has entered into that certain
Agreement for the Purchase and Acquisition of Conjunctive Use Groundwater Supply
(the "Agreement") entered into as of May 15, 1996, as amended, with the Canadian River
Municipal Water Authority (the "Authority"); and
WHEREAS, the Authority has entered similar agreements with each of the other
cities that are members of the Authority (the "Member Cities"); and
WHEREAS, the Authority issued its Canadian River Municipal Water Authority
Contract Revenue Bonds, Series 1996 (Conjunctive Use Groundwater Project); Canadian
River Municipal Water Authority Contract Revenue and Refunding Bonds, Series 1999
(Conjunctive Use Groundwater Project); Canadian River Municipal Water Authority
Contract Revenue Bonds, Series 2005 (Conjunctive Use Groundwater Project) and
Canadian River Municipal Water Authority Contract Revenue Refunding Bonds, Series
2005 (Conjunctive Use Groundwater Supply Project); and
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WHEREAS, the Agreement requires certain notice requirements before the
Authority may issue Additional Bonds, as defined in the Agreement; and
WHEREAS, refunding bonds are Additional Bonds under the Agreement; and
WHEREAS, the additional amount needed in Project Construction Costs,
exclusive of Financing Costs is $50,000,000; and
WHEREAS, the City agrees that the Additional Water Rights should be acquired
and the Canadian River Municipal Water Authority Contract Revenue Refunding Bonds,
Series 2005 (Conjunctive Use Groundwater Supply Project) should be issued for such
purpose.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1. That the City agrees to the proposed total amount of Project
Construction Costs for the Additional Water Rights should not exceed $55,080,000, with
the Project Construction Costs, exclusive of Financing Costs, not exceed $50,000,000.
SECTION 2. That the Amendment No. 3 to the Conjunctive Use Groundwater
Supply Agreement is hereby approved.
SECTION 3. That the City Council expressly recognizes that the Exhibit "A" to
the Amendment No. 3 to the Conjunctive Use Groundwater Supply Agreement reflects
the level of participation for each member City of the Authority as is anticipated by the
Authority and that the actual participation may vary. The City Council hereby authorizes
the City Manager, and hereby delegates to the City Manager the authority, to substitute a
revised Exhibit "A" after all member cities have acted on its respective resolutions. As
has been resolved by the City, it is the intent of the City to participate to the maximum
extent possible. Therefore, the delegation of authority herein includes the authority to
substitute the revised Exhibit "A" containing an allocation to the City of greater than or
equal to 37.058%.
SECTION 4. That the City Secretary be and is hereby authorized to deliver
certified copies of this Resolution and minutes pertaining to its adoption and the
Amendment to the Conjunctive Use Groundwater Supply Agreement to the Secretary of
the Canadian River Municipal Water Authority in such number as may be requested for
said Authority's records and proceedings.
PASSED, APPROVED AND ENACTED this the 8th day of March, 2006.
/S/ MARC MCDOUGAL
Mayor
City of Lubbock, Texas
ATTEST:
/s/ Rebecca Garza
City Secretary
City of Lubbock, Texas
A copy of the Amendment No. 3 is filed with Resolution No. 2006-R0117.
The Canadian River Municipal Water Authority (CRMWA) is ready to move
forward with their 2006 $50 million bond issue for ground water right
purchases and well field development projects. These purchases and projects
are beneficial in the short range because they increase the annual volume of
water that can be delivered by CRMWA from the Roberts County well field.
They are also beneficial in the long range because they provide for a long-
range water supply.
CRMWA has asked the City of Lubbock and the other 10 member cities to
approve an agreement that authorizes the City of Lubbock to participate in the
2006 CRMWA Bond Issue. A resolution has been prepared for your
consideration that authorizes the Mayor to execute the agreement.
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CRMWA is progressing forward with their water right purchases and well
field development plans and projects as a result of the 2005 Bond Issue. To
date the following was reported at a February 1, 2006 meeting:
CRMWA has purchased or contracted for S55 million worth of additional
water rights.
CRMWA now has over 220,000 acres of water rights that are owned or
under contract. This includes the original well field in Roberts County.
CRMWA roughly estimates that it has 15 million acre feet of water that it
owns or has under contract.
CRMWA projects that the groundwater purchased could meet member
city water needs for almost 100 years (various scenarios and assumptions).
In 1998 the Canadian Municipal River Authority (CRMWA) initiated an $83
million well field project to supplement water supplies from Lake Meredith.
The amount of water available from Lake Meredith has decreased due to
drought and due to reservoirs in New Mexico that now capture almost all
water flows from mountain watersheds. At present Lake Meredith is at
13.75% full. Lake Meredith reached its lowest point in 2004 at 11.98%.
Water began to flow from the well field project in December of 2001. The
well field is located in Roberts County, and is called the John C. Williams
well field.
On December 15, 2004 the Panhandle Groundwater Conservation District
adopted rules and regulations for the conservation of groundwater. These
regulations adopted the 50/50 Standard, which means that water use will be
restricted to ensure that 50% of the water will still be available in 50 years.
The new rules would restrict CRMWA's well field production unless
additional water rights were purchased.
In April of 2005, CRMWA issued $50 million in bonds for the purchase of
additional water rights and for additional well field development. $30 million
was designated for the purchase of water rights and $20 million for well field
development. The opportunity for the purchase of water rights was excellent,
and CRMWA has been able as of February 1, 2006 to sign contracts for about
$55 million worth of water rights.
With an estimated 15 million acre feet of water in place, CRMWA can meet
the needs of member cities for about 90 to 100 years before the groundwater
use restrictions would begin to impact the amount of water that can be
produced. This also assumes a CRMWA II project in about 2050.
It is proposed now that CRMWA issue an additional $50 million in bonds in
2006. These funds will be used to replenish $20 million in the 2005 Bond
issue so that the well field development can take place, and designate an
additional $30 million for water right purchases.
The 2006 CRMWA well field water allocation was 40,000 AF for all cities
and 14,823 AF for Lubbock. When all necessary improvements are in place,
CRMWA will be able to allocate about 69,000 AF from the well field for
member cities, and Lubbock's share is estimated at 26,000 AF. In order for
this to happen, the well field development project must be completed and the
well field pump stations must be expanded to increase pumping capacity.
Well field development limits production to 40,000 AF, pump station capacity
limits production to 50,400 AF, and pipeline capacity limits production to
69,000 AF annually.
Completion of all necessary improvements will increase Lubbock's allocation
from 14,823 AF to 26,000 AF. This amounts to an additional 11,180 AF
annually from groundwater sources. The project will also allow Lubbock's
daily allocation to increase from 13 mgd to 23 mgd from groundwater
sources. The additional 11,180 AF annually and the additional 10 mgd will be
a significant benefit during times of drought when Lake Meredith allocations
are reduced.
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At the February 24 City Council meeting, a resolution was approved which
allowed the City of Lubbock to indicate its interest in participating in the 2006
Bond issue. That resolution indicated that the City would participate in the
project, that the City would participate through the CRMWA bond issuance
for the City's share of the funding and benefits (37.058%), and that the City of
Lubbock would be interested in participating in any additional shares for the
project due to the decision by other cities to not participate in the project.
The next step is to approve an agreement that enables the City of Lubbock to
actually participate in the 2006 CRMWA Bond Issue and related projects.
Staff hope to have the agreement, or Amendment 4-3 as it is called, attached
for your consideration. Due to timing issues, staff may not have it for your
consideration until the meeting. If the actual document is not available for the
meeting, a draft copy will be included. The only change will be the percent of
participation by each member city.
The original groundwater agreement was approved in 1996 and is called
"Agreement for the purchase and Acquisition of Conjunctive Use
Groundwater Supply." This original agreement has been amended as
additional and new projects have been approved. The first amendment came
in 1999 and is related to the original well field project, the second amendment
came in 2005 and is related to the 2005 CRMWA Bond Issue, and the third
amendment will now be considered and is related to the 2006 CRMWA Bond
Issue. The proposed amendment #3 will require a unanimous vote of the
CRMWA Board for approval.
FISCAL IMPACT
Lubbock's share in the well field project, based on the most recent indication
of cities to participate or not, is about 38%. This percent of participation may
change once all cities have made a final decision on their level of
participation. Lubbock's annual debt service, based upon a 4.75% interest
rate and a $51 million issue amount is estimated to be about $1.51 million.
This may require a 3.8% increase in revenues to finance Lubbock's portion of
the project. The debt service for the 2005 CRMWA Bond Issue is
approximately $1.46 million annually for 20 years.
CRMWA anticipates that a surety bond will be obtained for the 2006 Bond
Issue. If for some reason this is not possible, additional funding of about $4
million would be necessary for a debt service reserve, and Lubbock would
bear its proportionate share. These debt service reserve funds plus any
interest earnings would be used by CRMWA to make pay debt service
payments as the debt service reserve requirements are met thereby reducing
some future debt service payments.
The Lubbock Water Advisory Commission and staff recommended approval
of the resolution for the agreement and full participation in the 2006 CRMWA
Bond Issue and related projects.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0117 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.6. Public Street Resolution - Right -of -Way: Resolution No. 2006-R0118
establishing the intent of the City Council to accept the dedication of a
private street, Tract "A" of Tivoli Estates Addition, as a public street.
RESOLUTION NO. 2006-R0118
Consider a resolution establishing the intent of the City Council to accept a dedication
of a portion of Tract "A", Tivoli Estates Addition, as a public street provided the
Developer fulfills the necessary dedication requirements.
1. Provide for the re -platting of Tract "A" to indicate the portion to be dedicated as a
public street, and the medians and/or islands that will remain under private
ownership.
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2. Provide for the metes and bounds descriptions for "no charge" Street Use
Licenses of all electric lines, water lines, or other private improvements that cross
this new dedicated public right-of-way to serve the privately owned medians
and/or islands.
3. Provide documentation of the description of who will own the medians and/or
islands within this new dedicated public street, how will they be maintained, and
the funding mechanism established for the ongoing maintenance needs.
The City Engineer is directed to file the dedication documents when the Developer
has fulfilled the above described dedication requirements.
Should the Developer not provide for these dedication requirements within 180 days
of the date of this resolution, the provisions of this resolution shall expire, and any future
desire for dedication shall require re -submittal of this dedication request.
Passed by the City Council this 8th day of March, 2006.
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
The developer of Tivoli Estates Addition, Dr. Jewell Davis, is requesting that
the private street originally included in this subdivision be dedicated as a
public street.
This subdivision was originally platted in 2003 and was initially planned to be
a gated subdivision. There are no public streets within the interior of this
subdivision. Tract "A" was platted as an access easement.
The developer furnished the staff with some passing test reports on subgrade
and base density tests, and reports indicating that the asphalt surface thickness
exceeded minimum thickness in places. There were some concrete test
reports indicating passing results on the alleys and the 11 Oth Street approach.
There were no test reports submitted on subgrade Atterberg Limits, asphalt
surface mix design, gradation, asphalt content, or percent compaction.
The private street appears to be in good condition.
The following items do not meet City standards:
Medians: There are four medians within this private street. By Code,
medians in streets require Council approval. These medians have turf,
irrigation, decorative lights, ground level lighting, a fountain, trees, and an
arch extending over the entry private street.
Curb and Gutter: These private streets have a roll curb with a small
vertical rise for the curb (estimated at 2.5" or less). However, the City
Council will be considering a change in the standards to allow a roll curb,
but the roll curb being considered has a slightly larger vertical rise.
Private Street Width: Currently, the minimum right-of-way (ROW) width
allowed by the Code is 48', with a minimum paving width of 32'. The
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entry street (one half block in length) immediately south of 110th Street is
43' wide (Tract width), with a paved width of 26'. The other private
streets have total tract widths of 58' and 66', with a paved width of 16' on
either side of the medians.
Most of the City Council members were briefed on this private street
dedication request in December 2005.
FISCAL IMPACT
Assuming a seal coat is applied approximately every 10 years, the annual cost
of maintaining the asphalt paving would be about $500. The turf, irrigation,
lighting, fountains, etc. within the medians will remain under private
ownership and private maintenance responsibility.
The Street/Drainage Engineering Staff recommended that these private streets
not be accepted as public streets. However, should the Council determine it is
in the best interest of the City to accept these streets as public streets, the staff
recommended the Developer provide the following dedication requirements:
The re -platting of Tract "A" to indicate the portion to be dedicated as a
public street, and the median/islands that will remain under private
ownership.
Metes and bounds descriptions at no charge, and Street Use Licenses of all
electric lines, water lines, or other private encroachments that cross this
new dedicated public ROW to serve the privately owned medians/islands.
Documentation of the description of who will own the median/islands
within this new/dedicated public street, how these medians will be
maintained, and the funding mechanism established for the ongoing
maintenance needs.
Steve Hailey, Fire Chief; Larry Hertel, City Engineer; and, Randy Henson,
Senior Planner, all gave comments and answered questions from Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2006-RO118 as recommended by staff.
Motion carried: 4 Ayes, 2 Nays. Council Members DeLeon and Price voted
Nay.
Mayor McDougal recused himself.
6.9. Budget Ordinance 1st Reading - Finance: Ordinance No. 2006-00031
amendment #12 amending the FY 2005-06 budget respecting the General
Fund, Donations Fund, and Capital Improvement Program.
ORDINANCE NO. 2006-00031
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE 1) GENERAL FUND; 2) DONATIONS FUND; AND
3) CAPITAL IMPROVEMENT PROGRAM. (AMENDMENT #12)
The City Council approved the City's participation in the Junior Ambassador
Program through the Approved FY 2005-06 Budget on September 8, 2005
(Ordinance 2005-00106); however no funding was identified at that time.
The projected budget for this program is $28,750. Lubbock Independent
School District will contribute $5,000 to this program, leaving a funding
requirement of $23,750 for program implementation. A transfer of $23,750
from the General Fund Balance to the Donations Fund will finance the Junior
Ambassador Program for 2006.
A transfer of $25,600 from Capital Improvement Project #90096 - Dip
Reconstruction to a new Capital Improvement Project in the Streets Capital
Projects Fund is needed for the City's participation in the construction of a
concrete railroad crossing at Avenue U and the BNSF Railroad, located just
north of Clovis Road. BNSF will be performing work at this location, and
with the City's participation in the cost of one-third of a new concrete
crossing, the Railroad will install the new crossing.
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Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2006-00031 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
6.10. Budget Ordinance 1st Reading - Finance: Ordinance No. 2006-00032
amendment #13 amending the FY 2005-06 budget respecting the Capital
Improvement Program.
ORDINANCE NO. 2006-00032
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE CAPITAL IMPROVEMENT PROGRAM.
(AMENDMENT #13)
Establish a new Capital Improvement Project and appropriate $250,000 of
Certificates of Obligation for the construction of a second cemetery entrance
off of Canyon Lakes Drive.
A proposal to move the existing cemetery entrance to a location off of Canyon
Lakes Drive was previously considered by the Parks and Recreation Board. At
that time, the Parks and Recreation Board asked City staff to visit with
adjacent neighborhood associations and obtain their input regarding the
proposal to move the cemetery entrance. Quincy White, Assistant City
Manager; Randy Truesdell, Director of Civic Services; and Bob Goodwin,
Cemetery Supervisor attended these neighborhood meetings. Council member
Floyd Price also attended the final neighborhood meeting.
At the April 26th, 2005 Parks and Recreation Board Meeting, the Dunbar
Manhattan Heights, Cherry Point, and Chatman Hill neighborhood
associations, expressed their opposition to the proposal to move the cemetery
entrance. The neighborhood associations' opposition was primarily based on
their concerns about traffic safety on Martin Luther King Boulevard, traffic
safety and a disruption of recreational and community activities on Canyon
Lakes Drive, as well as a concern about negative remarks made about the
housing conditions within the neighborhood.
— At the May 24, 2005 Parks and Recreation Board meeting, the Board again
heard input on the proposal and voted to support a staff recommendation to
keep the cemetery's entrance at its current location. This recommendation was
forwarded to the City Council, who has taken no subsequent action on the
initial proposal.
The new proposal keeps the current entrance of the cemetery in place and
proposes to build a second cemetery entrance off of Canyon Lakes Drive. The
estimated cost of construction includes the need for demolition, landscaping,
fencing, curb and gutter, retainage wall, new roadway, widening of existing
roadway, a new cemetery entrance sign, and as well as architect and
engineering fees. Neighborhood associations in proximity to the cemetery
have been made aware of the new proposal to construct a second entrance.
FISCAL IMPACT
"Probable Cost of Construction" submitted by Cox/Dirks Architect, P.C. on
February 25, 2005, estimated the cost of construction to be $216,053. Street
Engineering has subsequently indicated that the cost of road construction
materials has increased over the past year and estimates an additional $15,000
in roadway costs, based on these increases and the overall inflation in the cost
of materials the new project estimate is $250,000.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2006-00032 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
11:47 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
1:00 P. M. CITY COUNCIL RECONVENED
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6.11. Option Agreement Resolution - Water Utilities: Resolution No.
2006-RO119 authorizing the Mayor to execute an option agreement to
Cone & Petree Oil and Gas Exploration, Inc. to purchase an oil and gas
lease from the City, covering 480 acres of land, more or less, being the
east one-half (E/2) and the northwest quarter (NW/4) of Section 14, Block
I, Certificate 360, Abstract No. 742, Lubbock County, Texas, and further
authorizing the Mayor to execute all related documents thereto, including
without limitation, the oil and gas lease attached as Exhibit A, upon the
exercise by Cone & Petree Oil and Gas Exploration, Inc., of the option
granted herein.
RESOLUTION NO.2006-RO119
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 Option Agreement to
Purchase Oil and Gas Lease (the "Option"), granting an option to Cone & Petree Oil and
Gas Exploration, Inc. ("Cone & Petree") to purchase an Oil and Gas Lease, covering 480
acres of land, more or less, being the East One-half (E/2) and the Northwest Quarter
(NW/4) of Section 14, Block I, Certificate 360, Abstract No. 742, Lubbock County,
Texas, and further authorizing the Mayor to execute for and on behalf of the City of
Lubbock, all related documents thereto, including without limitation, the Oil and Gas
Lease attached as Exhibit "A" to the Option, upon the valid and timely exercise of the
rights granted in the Option. Said Option 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 8th day of March, 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/ Richard Casner
Richard K. Casner
First Assistant City Attorney
The sole purpose of this agreement is to grant an option (six-month term) to
Cone & Petree to enter into an oil and gas lease to explore, drill, operate for,
and produce oil, liquid hydrocarbons, gas, and other respective constituent
products. The oil and gas lease, if the option is exercised, allows Cone &
Petree to lay pipelines, store oil, build tanks (but not tank farms), roads, and
other structures necessary to produce, save, care for, treat, store, and transport
said products from the specific tracts of land that are a part of the Lubbock
Land Application Site, which is estimated to contain 480 acres.
The Lessee is limited to the use, without the consent of the City, of 5 acres or
less, which pursuant to Section 191.0525 of the Texas Natural Resources
Code and telephonic communications with the Texas Historical Commission
(THC) will not require prior notification of activities to the THC.
This Agreement is in replacement of the Option Agreement (Resolution No.
2005-R0440) entered into on September 21, 2005, which expires on March
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21, 2006. This option agreement is necessary due to the delay in obtaining an
opinion from the Attorney General respecting the authority of municipalities
to lease mineral lands owned by them.
FISCAL IMPACT
Revenues under the oil and gas lease (if the option is exercised) are based on a
25% royalty on oil and gas plus a $100 per net mineral acre bonus.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Gilbreath to pass Resolution No. 2006-RO119 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.15. Contract Resolution — Aviation: Resolution No. 2006-RO120 for airport
terminal parking lot renovation - BID #06-008-BM.
RESOLUTION NO.2006-RO120
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement between the
City of Lubbock and Duininck Bros., Inc. for construction services for the Terminal
Building Parking Lot Improvements Project, and all related documents. Said Agreement
is attached hereto and incorporated in this Resolution as if fully set forth herein and shall
be included in the minutes of the Council.
Passed by the City Council this 8th day of March, 2006.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 8th day of March, 2006, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Marc McDougal, Mayor, there -unto authorized to do so, hereinafter referred to as
OWNER, and Duininck Bros. Inc., of the City of Roanoke, County of Denton, 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 #06-008-13M — AIRPORT TERMINAL PARKING LOT RENOVATIONS -
$6,462,589.00
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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. Duininck Bros.
Inc. bid dated February 21, 2006 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.
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: CITY OF LUBBOCK, TEXAS
(OWNER)
Duininck Bros. Inc.
By: /s/ Ryan Duininck
PRINTED NAME: Ryan Duininck
TITLE: Vice President
COMPLETE ADDRESS:
Duininck Bros. Inc.
P.O. Box 735
Roanoke, Texas 76262
ATTEST:
/s/ Norma Duininck
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ H. David Jones
Owner's Representative
/s/ James W. Loomis
Director
APPROVED AS TO FORM:
Corporate Secretary /s/ Don Vandiver
City Attorney
This project involves the reconstruction of the public parking lot at the airport.
The parking lot will be resurfaced, re -striped, and re -configured for easier
access and exit. New gates and signage will also be added for improved
traffic flow.
Time for completion of this project is 150 calendar days and various
liquidated damages are listed in the contract for different phases of the project.
Sixty local contractors were notified of this Invitation to Bid and none
responded.
FISCAL IMPACT
A total of $4,425,000 was appropriated with $4,367,985 available in project
253.90403, Terminal Parking Lot Improvements.
Airport Staff and the Airport Advisory Board recommended contract award to
Duininck Bros., Inc. of Roanoke, Texas for $3,865,021.
James Loomis, Director of Aviation; Lee Ann Dumbauld, City Manager; and,
John Hamilton, Engineer with Parkhill, Smith, and Cooper, gave comments
and answered questions from Council.
Consensus from Council was to have the parking lot at the airport paved with
concrete, rather than asphalt. Council asked City Manager Dumbauld to
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research options for finding funds to pave the parking lot with concrete
instead of asphalt, and to bring options to them after lunch.
After Council reconvened at 1:00 p.m., City Manager Dumbauld stated that
she took the September 30, 2005 financial statements and did a cash flow
analysis, which revealed that the airport has positive cash balance of $1.8
million, which is a lot like General Fund fund balance. This positive balance
will allow the use of $100,000 in 2007 and $100,000 in 2008 in order to fund
the total project, which includes putting in the concrete in lieu of the asphalt.
Approximately 15% of revenues will remain in cash, which is a good target
for the airport to maintain.
Motion was made by Council Member Price, seconded by Council Member
Jones to pass Resolution No. 2006-RO120 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
7. WORK SESSION
7.1. Presentation - Lubbock Economic Development Alliance: Presentation
by David Alderson regarding Lubbock Economic Development Alliance
office relocation (60 minutes).
This item was deleted.
1:07 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor McDougal
adjourned the meeting.
Read and approved this 26th day of January, 2007.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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