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Home My WebLink AboutMinutes - City Council - Regular - 3/23/2006CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 23, 2006 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of March, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 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. Citizen Appearance: Arnold Martinez — Will appear before City Council to discuss Police Department and municipal Court. Citizen was not present. 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; and competitive matters of the public power utility, as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:31 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, Codes Enforcement, City Attorney, Police, Cemetery, Utilities). 2.2. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Water Utilities, Overton). 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, Contract Manager) and take appropriate action. 2.4. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): 2.4.1 to deliberate, vote and take final action on electric rates of Lubbock Power and Light; 2.4.2 to discuss, vote and take final action on a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light; Regular City Council Meeting March 23, 2006 Page 282 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. 9:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 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; Lee Ann Dumbauld, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one Mayor McDougal reconvened the meeting at 9:35 A. M. 3. PROCLAMATIONS AND PRESENTATIONS 3.1. Invocation by Pastor Doug Chapman, Associate Pastor, First United Methodist 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 Proclamation to AMBUCS declaring March 30 through April 1, 2006 as "ABC Pro Rodeo Days". Mayor McDougal presented a Proclamation to members of AMBUCS, declaring March 30 through April 1, 2006 as "ABC Pro Rodeo Days". Several members of AMBUCS were present to accept the presentation and give comments. 3.4. This item was considered following Item 3.5. 3.5. This item was considered following Item 3.6. 3.6. Presentation of a special recognition commemorating the Texas Recreation and Parks Society 2005 Gold Medal Award to the City of Lubbock Parks and Recreation Department. Mayor McDougal presented a special recognition to the staff of Parks and Recreation, commemorating the Texas Recreation and Parks Society 2005 Gold Medal Award. Randy Truesdell, Director of Civic Services, gave comments. 3.5. Presentation of a Special Recognition to Lubbock High's Future Business Leaders of America for placing first at the FBLA State Competition for their community service project and advancing to the National Competition in Nashville, Tennessee. Mayor McDougal presented a special recognition to Lubbock High School's Future Business Leaders of America for placing first at the FBLA State Competition for their community service project and advancing to the National Competition in Nashville, Tennessee. Mayor McDougal recognized members of the LISD School Board that were present, which were Vice President Vernita Woods -Holmes and District 1 Representative Mario Ybarra. Rose Llanes, Instructor, and Doyle Vogler, Principal, gave comments. 3.4. Presentation of a special recognition regarding the 7th Annual Cesar E. Chavez day to be held on March 31, 2006. Council Member DeLeon read a special recognition to members of the Cesar E. Chavez Committee regarding the 7th Annual Cesar E. Chavez day, which was held on March 31, 2006. There was also a PowerPoint presentation on the history of Cesar E. Chavez, narrated by Mario Jesus Flores and Cindy Rodriguez. Christy Martinez gave comments. 282 Regular City Council Meeting March 23, 2006 Page 283 4. MINUTES 4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting, February 24, 2006 Motion was made by Council Member Gilbreath, seconded by Council Member Price to approve the minutes of the Regular City Council Meeting of February 24, 2006 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5. CONSENT AGENDA (Items 5.1-5.8, 5.10-5.13.5.19-5.20, 5.25-5.26.5.28-5.31 ) Motion was made by Council Member Gilbreath, seconded by Council Member Price to approve 5.1-5.8, 5.10-5.13, 5.19-5.20, 5.25-5.26, and 5.28-5.31 on consent agenda as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.1. Budget Ordinance 2nd Reading - Finance: Ordinance No. 2006-00031 Consider budget ordinance 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. 5.2. Budget Ordinance 2nd Reading - Finance: Ordinance No. 2006-00032 Consider budget ordinance 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 283 Regular City Council Meeting March 23, 2006 Page 284 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. 5.3. Franchise Agreement Ordinance 2nd Reading - City Manager's Office: Ordinance No. 2006-00023 Consider an ordinance granting to South Plains Electric Cooperative a nonexclusive franchise for a term of twenty (20) ,years for the use of the public right of ways of the City of Lubbock for the purpose of conducting an electrical lighting and power business including all rights and privileges associated therewith and as specifically outlined in the franchise, and providing for compensation to the City for the use of the City's public right of ways and containing other miscellaneous provisions associated with the use of the City's public right of ways and the granting of this franchise. Regular City Council Meeting March 23, 2006 Page 285 ORDINANCE NO.2006-00023 FRANCHISE AGREEMENT AN ORDINANCE GRANTING TO SOUTH PLAINS ELECTRIC COOPERATIVE, INC. ("SPEC") THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, AN ELECTRICAL LIGHTING AND POWER BUSINESS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES, AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, POLE LINES, TOWERS, DISTRIBUTION LINES, TRANSMISSION LINES, WIRES, GUYS, CABLES, CONDUITS, TRANSFORMERS, AND OTHER DISTRIBUTION AND TRANSMISSION EQUIPMENT, FACILITIES AND APPURTENANCES NECESSARY OR PROPER FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE EXTENDED; AND GRANTING SPEC, ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION, DELIVERY AND SALE OF ELECTRICITY TO THE CITY, AND TO THE INHABITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS, WHEREVER LOCATED WITHIN OR WITHOUT THE CITY LIMITS OF LUBBOCK, FOR USE BY SUCH PURCHASER OR PURCHASERS FOR ANY PURPOSE AUTHORIZED BY LAW FOR WHICH ELECTRICITY MAY BE USED OR FOR ANY OTHER PURPOSE OR USE WHICH IS OR MAY BECOME NORMAL OR CUSTOMARY IN THE RETAIL ELECTRIC INDUSTRY IN TEXAS; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY SPEC OF ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY SPEC; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF SPEC'S FACILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT ELECTRICAL SERVICE AND THE MAINTAINING OF SPEC'S FACILITIES; PROVIDING FOR THE USE BY CITY FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF SPEC; PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR THE USE BY SPEC OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY, AND FOR SPEC'S RECOVERY OF SUCH FEE; PROVIDING FOR THE MAINTAINING OF RECORDS BY SPEC WITH RIGHT OF INSPECTION BY CITY; RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY SPEC OF CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE; REPEALING ALL PREVIOUS ELECTRICAL LIGHTING AND POWER FRANCHISE ORDINANCES AND RELATED RELEASE; AND PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY SPEC. This ordinance grants to South Plains Electric Cooperative, Inc. (SPEC) the right, privilege and franchise to conduct within the City of Lubbock, Texas, an electrical lighting and power business and to enter upon, erect, construct, maintain, extend, repair, replace and remove in, under, upon, within, over, above, across and along any and all of the present and future public roads, highways, streets, lanes, and alleys of the City of Lubbock, a system of poles, pole lines, towers, distribution lines, transmission lines, wires, guys, cables, conduits, transformers, and other distribution and transmission equipment, facilities and appurtenances necessary or proper for the transmission and 285 Regular City Council Meeting March 23, 2006 Page 286 distribution of electricity within the City of Lubbock, and any other particular requirements set forth in the ordinance. As compensation and rental for the use of the streets, alleys and public ways of City in the conduct of its business under this franchise, SPEC shall pay the City each year of the life of this franchise, beginning March 1, 2006, a sum of money equal to five percent (5%) of the annual gross receipts of SPEC derived from its retail electric lighting and power sales for consumption within the corporate limits of the City. The term of the franchise is for 20 years. FISCAL IMPACT An increase in franchise fee from 2% to 5% will provide additional revenue into the Gateway Streets Fund. It is estimated that this franchise will produce approximately $393,750 in revenues for the City during FY 2005-06 and will increase annually thereafter. Staff recommended approval of the second reading of this ordinance. 5.4. Zone Case No. 1811-E (8301 Indiana Avenue) Ordinance 2nd Reading - Planning: Ordinance No. 2006-00026 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. 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. Staff is in agreement with the recommendation of the Planning Commission. Regular City Council Meeting March 23, 2006 Page 287 5.5. Zone Case No. 2126-F (53rd Street and Chicago Avenue) Ordinance 2nd Reading - Planning: Ordinance No. 2006-00027 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. 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. The Planning and Zoning Commission recommended approval of the request. The staff supports the recommendation of the Planning Commission. 5.6. Zone Case No. 1357-A (East Kent to East Ursuline, I-27 to MLK) Ordinance 2nd Reading - Planning: Ordinance No. 2006-00028 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-F; 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. The applicant is requesting that the majority of the square mile between Ursuline, Kent, MLK and Interstate 27 be zoned for an industrial park (IDP). The applicant is Lubbock Economic Development Alliance (LEDA). 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 is sparsely developed as residential and 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 disappear. However, the long-term designation is the result of adjacent land uses and particularly the location just south of the airport. 287 Regular City Council Meeting March 23, 2006 Page 288 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 shortly 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 limits is targeted as heavy commercial or industrial due to the influence of the aircraft and airport related activities. Several adjacent owners have indicated, in writing, a concern of diminished property value. Staff disagrees 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 visited with several folks that received notice letters prior to the meeting. This 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 50-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). Staff supports the recommendation of the Planning Commission. 5.7. Zone Case No. 2519-D (6015 Spur 327) Ordinance 2nd Reading - Planning: Ordinance No. 2006-00029 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. 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-D; 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. 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. F.. Regular City Council Meeting March 23, 2006 Page 289 The Planning and Zoning Commission recommended approval of the request. Staff supports the recommendation of the Planning Commission. 5.8. Right -of -Way Ordinance 1st Reading - Right -of -Way: Ordinance No. 2006-00033 abandoning and closing a portion of Frankford Avenue located in Section 5, Block E-2, Lubbock County, property located at 2605 Frankford Avenue. ORDINANCE NO.2006-00033 AN ORDINANCE ABANDONING AND CLOSING A 1.150 SQUARE FOOT PORTION OF SLIDE ROAD LOCATED IN SECTION 5, BLOCK J-S, 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. Lubbock Christian University (LCU) is in the process of building a golf course on their property east of Frankford Avenue and north of 34th Street. As part of the construction, they are platting a one acre tract of land on which to construct a golf clubhouse building. A portion of this platted tract, 0.3597 acres, will be located in the old right-of-way of Frankford Avenue. In 1984, Frankford Avenue was realigned and widened to the west of this old portion of Frankford Avenue that is being closed. As it now exists, this portion of Frankford Avenue is just a dirt road that LCU uses to access their property. Part of LCU's long range plan is to close all of this "old" portion of Frankford Avenue. Since LCU was not the original dedicator of the street area being closed, there will be a charge for this 0.3597 acres (15,668.5 square feet). From adjacent property values and a review of existing sales comparables, a value of $0.23 per square foot is determined for an appraised value of $3,604. The area being closed will remain as a utility easement so a 50% adjustment will be applied to this $3,604 for a $1,802 charge to LCU. FISCAL IMPACT The City presently leases a tract of land from LCU at 20th and Elmwood Avenue for a recycle center. City pays $1,800 annual rent to LCU for this tract of land. LCU is in agreement to waive next year's fee in exchange for this closure cost. Staff recommended approval of the first reading of this ordinance. 5.9. This item was moved from consent agenda and considered following Item 5.31. 5.10. Authorization Resolution - Water Utilities: Resolution No. 2006-RO122 authorizing acceptance of water and sanitary sewer improvements for Lot 28, Santa Fe Park Addition to the City of Lubbock, Lubbock County, Texas bound by 42nd Street, Huron Avenue, and Ironton Avenue. RESOLUTION NO.2006-RO122 A RESOLUTION ACCEPTING LOT 28, SANTA FE PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lot 28, Santa Fe Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $148,716.35 with the improvements constructed by Utility Contractors of America, having a value of $89,310.50 as determined by the unit prices established by said Chapter 28, and $59,405.85 cash paid to the City, which amount includes $56,590.50 cash for adjacent lines, with Wilkerson Investment Company, the developer, to receive a refund of $71,794.54 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and Regular City Council Meeting March 23, 2006 Page 290 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $71,794.54 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 23rd 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/ Wood Franklin Wood Franklin P.E., Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney/Office Practice This is a routine transfer of ownership of water and sanitary sewer lines installed in new subdivisions from the developer to the City of Lubbock. These improvements will be added to the City of Lubbock system inventory. The subdivision is located north of 42nd Street between Huron and Ironton Avenues. FISCAL IMPACT This system, when accepted, will be maintained by the City of Lubbock Water and Wastewater Departments. The additional water and wastewater customers will generate additional revenue to the City of Lubbock through the sale of services to the public. Staff recommended approval of this resolution. 5.11. Authorization Resolution - Water Utilities: Resolution No. 2006-RO123 authorizing acceptance of water and sanitary sewer improvements for Lots 69-109, Lakeridge Estates of Lubbock Addition to the City of Lubbock, Lubbock County, Texas, bound by 101st Street, 102nd Street, Savannah Avenue, and Toledo Avenue. RESOLUTION NO.2006-RO123 A RESOLUTION ACCEPTING LOTS 69-109, LAKERIDGE ESTATES OF LUBBOCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 69-109, Lakeridge Estates of Lubbock Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and 290 Regular City Council Meeting March 23, 2006 Page 291 WHEREAS, the total utility cost to the developer is $110,310.00 with the improvements constructed by Utility Contractors of America, having a value of $81,494.15 as determined by the unit prices established by said Chapter 28, and $28,815.85 cash paid to the City, which amount includes $25,985,95 cash for adjacent lines, with Robert Myers Development Co., the developer, to receive a refund of $20,123.48 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $20,123.48 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 23rd 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/ Wood Franklin Wood Franklin P.E., Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney/Office Practice This is a routine transfer of ownership of water and sewer lines installed in new subdivisions from the developer to the City of Lubbock. These improvements will be added to the City of Lubbock system inventory. The subdivision is located between 101 st and 102nd Streets, and between Savannah and Toledo Avenues. FISCAL IMPACT The system, when accepted, will be maintained by the City of Lubbock Water and Wastewater Departments. The additional water and wastewater accounts will generate additional revenue to the City of Lubbock through the sale of services to the public. Staff recommended approval of this resolution. 5.12. Authorization Resolution - Water Utilities: Resolution No. 2006-RO124 authorizing acceptance of water and sanitary sewer improvements for Lots 110-125, Lakeridge Estates of Lubbock Addition to the City of Lubbock, Lubbock County, Texas, bound by 99th Street and Salisbury Avenue. 291 Regular City Council Meeting March 23, 2006 Page 292 RESOLUTION NO.2006-RO124 A RESOLUTION ACCEPTING LOTS 110-125, LAKERIDGE ESTATES OF LUBBOCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots I10-125, Lakeridge Estates of Lubbock Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $68,930.11 with the improvements constructed by Utility Contractors of America, having a value of $49,868.80 as determined by the unit prices established by said Chapter 28, and $19,061.31 cash paid to the City, which amount includes $17,639.76 cash for adjacent lines, with Robert Myers Development Co., the developer, to receive a refund of $16,081.10 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $16,081.10 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 23rd 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/ Wood Franklin Wood Franklin P.E., Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney/Office Practice This is a routine transfer of ownership of water and sewer lines installed in new subdivisions from the developer to the City of Lubbock. These improvements will be added to the City of Lubbock system inventory. The Subdivision is located North of 99th Street on Salisbury Avenue. FISCAL IMPACT The system, when accepted, will be maintained by the City of Lubbock Water and Wastewater Department. The additional water and wastewater customers will generate additional revenue to the City of Lubbock through the sale of Services to the public. 292 Regular City Council Meeting March 23, 2006 Page 293 Staff recommended approval of this resolution. 5.13. Authorization Resolution - Water Utilities: Resolution No. 2006-RO125 authorizing acceptance of water and sanitary sewer improvements for Lots 126-147, Lakeridge Estates of Lubbock Addition to the City of Lubbock, Lubbock County, Texas, bound by 103rd Street, Savannah Avenue and Utica Avenue. RESOLUTION NO.2006-RO125 A RESOLUTION ACCEPTING LOTS 126-147, LAKERIDGE ESTATES OF LUBBOCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 126-147, Lakeridge Estates of Lubbock Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $61,653.39 with the improvements constructed by Utility Contractors of America, having a value of $50,131,00 as determined by the unit prices established by said Chapter 28, and $11,522.39 cash paid to the City, which amount includes $10,087.76 cash for adjacent lines, with Robert Myers Development Co., the developer, to receive a refund of $25,871.34 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $25,871.34 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 23rd 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/ Wood Franklin Wood Franklin P.E., Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney/Office Practice This is a routine transfer of ownership of water and sewer lines installed in new subdivisions from the developer to the City of Lubbock. These improvements will be added to the City of Lubbock system inventory. 293 Regular City Council Meeting March 23, 2006 Page 294 The subdivision is located south of 103rd Street, and between Savannah and Utica Avenues. FISCAL IMPACT The system, when accepted, will be maintained by the City of Lubbock Water and Wastewater Department. The additional water and wastewater customers will generate additional revenue to the City of Lubbock through the sale of services to the public. Staff recommended approval of this resolution. 5.14. Authorization Resolution - Special Events: Consider a resolution authorizing the City Council to approve the recommendation of the Parks and Recreation Advisory Board regarding FY 2005-06 use of in -kind services by City of Lubbock departments for the support of a new special event, the Family Guidance and Outreach Center's Blue Ribbon Rally and Harley Party. This item was deleted. 5.15. This item was moved from consent agenda to regular agenda and considered following Item 5.9. 5.16. This item was moved from consent agenda to regular agenda and considered following Item 5.15. 5.17. This item was moved from consent agenda to regular agenda and considered following Item 5.16. 5.18. This item was moved from consent agenda to regular agenda and considered following Item 5.17. 5.19. Lease Agreement Resolution - Water Utilities: Resolution No. 2006-RO126 accepting an agreement between the City of Lubbock and WWC Texas RSA Limited Partnership to lease city property located at 74th Street and Genoa Avenue. RESOLUTION NO.2006-RO126 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease Agreement for placement of cellular communication equipment, by and between the City of Lubbock and WWC Texas RSA Limited Partnership, and related documents. Said Lease 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. 294 Regular City Council Meeting March 23, 2006 Page 295 Passed by the City Council this 23rd day of March 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sherry Stephens Sherry Stephens Chief Operations Officer for Water Utilities APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Lease is filed with Resolution No. 2006-R0126. The City of Lubbock has previously allowed cellular communication equipment to be installed on elevated storage towers located within the city limits. Prior to these agreements, the equipment, connection type, and contract conditions are reviewed by the engineering department to verify the installed equipment will not interfere with the operations of the elevated storage tank. This lease agreement allows WWC Texas RSA Limited Partnership the right to place cellular communication equipment on the City owned elevated water storage tower located at 74th Street and Genoa Avenue for an annual rental fee of $14,400. The lease agreement is for an initial period of five years beginning on earlier of lessee's commencement of installation of its equipment or 120 days from full execution of this lease by City Council with the option to renew three subsequent five year terms for a total of 20 years. FISCAL IMPACT Annual revenue of $14,440. The lease may be renewed for not more than three subsequent five-year terms under the same obligations, provided that the annual rent shall increase by fifteen percent for each subsequent five-year term. Any extension of the lease shall be in writing and signed by the Lessee and the City of Lubbock. Staff recommended approval of this resolution. 5.20. Lease Agreement Resolution - Police: Resolution No. 2006-RO127 authorizing the Mayor to execute a lease agreement with Wild West Harley-Davidson for the annual lease of police motorcycles for use by the Lubbock Police Department Motorcycle Unit in the enforcement of traffic laws within the City of Lubbock. RESOLUTION NO.2006-RO127 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease Agreement for the annual lease of police motorcycles, by and between the City of Lubbock and Wild West Harley-Davidson, and related documents. Said Lease 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. 295 Regular City Council Meeting March 23, 2006 Page 296 Passed by the City Council this 23rd day of March 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Police Chief APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Lease is filed with Resolution No. 2006-R0127. This agreement involves the lease of 12 Harley-Davidson Road King police motorcycles used by the Lubbock Police Department. The Lubbock Police Department has determined it is more cost effective to lease police motorcycles on an annual basis than to purchase and maintain them for a five-year period. Most repairs, other than routine maintenance, are covered under factory warranty. The Police Department has leased motorcycles for the last five years from Wild West Harley Davidson, formerly Grave's Harley-Davidson of Lubbock. Wild West is the only Lubbock area provider of new Harley-Davidson motorcycles. Harley-Davidson is the only motorcycle manufacturer that offers a one-year lease program. The current agreement begins March 1, 2006 or the first day of the month after delivery of the new motorcycles. FISCAL IMPACT Lease payments total S41,616 and are funded in account 5735.8704. Staff recommended approval of this resolution. 5.21. This item was moved from consent agenda to regular agenda and considered following Item 5.18. 5.22. This item was moved from consent agenda to regular agenda and considered following Item 5.21. 5.23. This item was moved from consent agenda to regular agenda and considered following Item 5.22. 5.24. Contract Resolution - Business Development: Consider a resolution authorizing the Mayor to execute an Assignment to transfer and assign to Spirit Finance Corporation that certain tax abatement Agreement dated January 25, 1996 between the City of Lubbock and United Supermarkets which was previously assigned to Barnett Lane Investments Inc. This item was deleted. 5.25. Contract Change Order Resolution - Aviation: Resolution No. 2006-RO128 authorizing the Mayor to execute Contract Change Order No. 2 to a contract with A-1 American Fence, Inc. for security improvements at Lubbock Preston Smith International Airport. 296 Regular City Council Meeting March 23, 2006 Page 297 RESOLUTION NO.2006-RO128 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract Change Order No. 2 to Contract ITB #05-088-BM with A-1 American Fence, Inc., for security improvements at Lubbock International Airport, a copy of which Contract Change Order No. 2 and any associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 23rd day of March, 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel _— A copy of the Contract Change Order No. 2 is filed with Resolution No. 2006-R0128. This change order authorizes additional work associated with the security improvements project currently underway at the airport. The first item involves the removal of two obsolete electrically operated vehicle gates along the perimeter fence in the Eastport area and the installation of one new cantilever slide gate and operator. The second item involves extending the underground fiber cable into the Airport Rescue and Fire Fighting building in the Eastport area providing for the future installation of access control and other security enhancements in and around the ARFF building. FISCAL IMPACT A total of $1,110,823 was appropriated in Capital Improvement Project 90231, Security Improvements. The original contract was $545,465 and the amount of this change order is $66,910. The Airport Board and staff recommended approval of Change Order No. 2 to A-1 American Fence, Texas, Inc. of Orange, Texas for $66,910. 5.26. Contract Resolution - Facilities Management: Resolution No. 2006-RO129 for City Hall drainage improvements - BID #06-011-MA. RESOLUTION NO.2006-RO129 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the City Hall Drainage Improvements Project, Bid #06-011-MA, by and between the City of Lubbock and Minnix Commercial Partners, Ltd., of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 297 Regular City Council Meeting March 23, 2006 Page 298 Passed by the City Council this 23rd day of March, 2006. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Harlan Stauffer Facilities Manager APPROVED AS TO FORM: /s/ John Knight John Knight Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd day of March, 2006, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Minnix, 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 #06-011-MA — CITY HALL DRAINAGE IMPROVEMENTS - $35,298 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. NE Regular City Council Meeting March 23, 2006 Page 299 CONTRACTOR: CITY OF LUBBOCK, TEXAS (OWNER) Minnix Commercial Partners, Ltd. By: /s/ Jerry Smith By: /s/ Marc McDougal Mayor PRINTED NAME: Jerry Smith TITLE: Managing Partner COMPLETE ADDRESS: Minnix Commercial partners, Ltd. P.O. Box 64895 Lubbock, TX 79464-4895 ATTEST: Corporate Secretary ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Owner's Representative /s/ Victor Killman Director APPROVED AS TO FORM: /s/ Don Vandiver City Attorney This bid involves modifying the drainage along the south wall of the Municipal Building. This includes the installation of a French drain system across the sidewalk. A five-foot wide concrete apron sloping away from the building will be constructed along the entire south side of the building. This project is required to prevent the infiltration of water into the lower levels of the Municipal Building. FISCAL IMPACT On March 8, 2006, City Council adopted a budget amendment appropriating $35,000 for this project. The additional $298 will be transferred from Facilities Management Department FY 2005-06 operating budget without impacting current services. Staff recommended contract awarded to Minnix Commercial Partners, Ltd of Lubbock, Texas for $35,298. 5.27. This item was moved from consent agenda to regular agenda and considered following Item 5.23. 5.28. Purchase Resolution - Fire Department: Resolution No. 2006-RO130 for the purchase of automated external defibrillators and accessories through the Houston -Galveston Area Council purchasing cooperative. RESOLUTION NO.2006-RO130 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards purchase of automated external defibrillators (AEDs) and accessories and with related items, as more particularly described in that certain contract pricing worksheet from H-GAC (the "Property"), to of Lubbock, Texas. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor 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. 299 Regular City Council Meeting March 23, 2006 Page 300 Passed by the City Council this 23rd 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/ Lynn Smith for Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2006-RO130. This resolution authorizes the purchase of 25 automated external defibrillators (AED's) and accessories to replace old units that have started to exhibit malfunctions in the field and that are un-serviceable. The current AED's are no longer manufactured and warranties have expired. These units shall be purchased through the Houston -Galveston Area Council, which is a regional planning commission created under the Acts of the 59th Legislature, Regular Session, 1965, re -codified as Texas Local Governments Code, Chapter 391. FISCAL IMPACT In the FY 2005-06 Operating Budget $60,000 was appropriated for the purchase of AED's. The purchase price, $57,131 is within budget. Staff recommended purchase from Zoll Medical Corporation of Chelmsford, Massachusetts for $57,130.98. 5.29. Purchase Resolution - Fleet Services: Resolution No. 2006-R0131; Resolution No. 2006-R0132; Resolution No. 2006-R0133; Resolution No. 2006-R0134; for the purchase of light duty vehicles and truck utility bodies - ITB# 06-005-MA. RESOLUTION NO.2006-RO131 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards Bid ITB# 005-06/MA (the "Bid"), respecting the property described as light duty vehicles, as more particularly described in the Bid (the "Property"), to J & B Trailer & Equipment 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. 300 Regular City Council Meeting March 23, 2006 Page 301 Passed by the City Council this 23rd 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/ Victor Kilman Victor Kilman Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney RESOLUTION NO.2006-RO132 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards Bid ITB# 005-06/MA (the "Bid"), respecting the property described as light duty vehicles, as more particularly described in the Bid (the "Property"), to Pickup Pals 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 23rd 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/ Victor Kilman Victor Kilman Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney 301 Regular City Council Meeting March 23, 2006 Page 302 RESOLUTION NO.2006-RO133 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards Bid ITB# 005-06/MA (the "Bid"), respecting the property described as light duty vehicles, as more particularly described in the Bid (the "Property"), to Gene Messer Ford 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 23`d 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/ Victor Kilman Victor Kilman Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney RESOLUTION NO.2006-RO134 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards Bid ITB# 005-06/MA (the "Bid"), respecting the property described as light duty vehicles, as more particularly described in the Bid (the "Property"), to Shamrock Chevrolet 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. 302 Regular City Council Meeting March 23, 2006 Page 303 Passed by the City Council this 23" � 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/ Victor Kilman Victor Kilman Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney This bid is for the purchase of 47 light duty vehicles including automobiles, light trucks, general purpose truck utility bodies and flat beds, and cab and chassis. These vehicles are to be used by Building Inspection, Solid Waste, Street, Wastewater, and Water departments. FISCAL IMPACT Fleet replacement vehicles are purchased through the Master Lease Program. The approved list of vehicles is adopted with the Capital Improvement Program. These vehicles were approved as part of the FY 2004-05 and FY 2005-06 Master Lease Programs. The Master Lease annual payment is budgeted within each fund. Master Lease funds for vehicles that could not be acquired within the last fiscal year were carried over into the new fiscal year. This occurs due to time constraints and availability issues. Staff recommended bid award to Shamrock Chevrolet of Lubbock, Texas for $689,696; Gene Messer Ford of Lubbock, Texas for $26,879; Pick -Up Pals of Lubbock, Texas for $21,528.79; and J&B Trailer of Lubbock, Texas for $18,665. 5.30. Purchase Resolution - Purchasing: Resolution No. 2006-R0135; Resolution No. 2006-R0136; Resolution No. 2006-R0137; Resolution No. 2006-R0138; for office furniture annual pricing - BID #06-002-MA. RESOLUTION NO.2006-RO135 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 Letter of Award, per ITB #06-002-MA, by and between the City of Lubbock and Royer & Schutts Commercial Interiors of Lubbock, Texas, and related documents. Said Letter of Award 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. 303 Regular City Council Meeting March 23, 2006 Page 304 Passed by the City Council this 23rd 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/ Victor Kilman Victor Kilman Director of Purchasing Contract Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2006-RO135. RESOLUTION NO.2006-RO136 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 Letter of Award, per ITB #06-002-MA, by and between the City of Lubbock and Intelligent Interiors, Inc. of Addison, Texas, and related documents. Said Letter of Award 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 23rd 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/ Victor Kilman Victor Kilman Director of Purchasing Contract Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2006-R00136. RESOLUTION NO.2006-RO137 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 Letter of Award, per ITB Regular City Council Meeting March 23, 2006 Page 305 #06-002-MA, by and between the City of Lubbock and Savor! Office Supplies, LTD. of Plainview, Texas, and related documents. Said Letter of Award 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 23rd 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 Contract Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2006-R0137. RESOLUTION NO.2006-RO138 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 Letter of Award, per ITB #06-002-MA, by and between the City of Lubbock and Baker Office Products of Lubbock, Texas, and related documents. Said Letter of Award 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 23rd 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/ Victor Kilman Victor Kilman Director of Purchasing Contract Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2006-RO138. 305 Regular City Council Meeting March 23, 2006 Page 306 This bid establishes annual pricing for the purchase of office furniture for City of Lubbock departments. Bids are stated as a discount off the manufacturer's retail price catalog at time of order. The City purchases approximately $76,000 of contract office furniture annually. Highest discounts for various brands of office furniture were received from the following companies: Royer & Schutts Commercial Interiors of Lubbock, TX (51 Items) Baker Office Products of Lubbock, TX (39 Items) Savon Office Supplies, LTD. of Plainview, TX (16 Items) Intelligent Interiors, Inc. of Addison, TX (17 Items) Nineteen local companies were notified of this invitation to Bid and two responded. FISCAL IMPACT Annual pricing allows City Departments to purchase office furniture at the lowest price possible. Purchases of office furniture are appropriated through the Annual Operating Budget and Capital Improvement Program. The estimated purchases for FY 2005-06 are approximately $76,000. Staff recommended contract award to Royer & Schutts Commercial Interiors of Lubbock, Texas; Baker Office Products of Lubbock, Texas; Savon Office Supplies, LTD. of Plainview, Texas; and Intelligent Interiors, Inc. of Addison, Texas for the items shown on the bid tabulation. 5.31. Interlocal Agreement Resolution - Purchasing: Resolution No. 2006-RO139 authorizing the Mayor to execute an interlocal agreement for cooperative purchasing with City of Littlefield, Texas. RESOLUTION NO. 2006-RO139 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for cooperative purchasing by and between the City of Lubbock and the City of Littlefield, Texas, 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 City Council. Passed by the City Council this 23rd 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 & Contract Manager 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-RO139. 306 Regular City Council Meeting March 23, 2006 Page 307 Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some or all of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. VTCA Government Code Chapter 791 — Interlocal Cooperation Act allows local governments to contract with and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. The City of Lubbock and the City of Littlefield desire to cooperate on select governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. The period of this Interlocal Agreement will be in effect from the date of execution until terminated by either party to the agreement. FISCAL IMPACT Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: 1. Lower costs through increased volume. 2. Lower (shared) administrative costs. 3. Improved response from vendors. 4. Shared experience leading to better product specification. 5. Better compliance with state statutes on purchasing. Staff recommended approval of this resolution. 5.32. This item was moved from consent agenda to regular agenda and considered following Item 5.27. 5.9. Authorization Resolution - Parks and Recreation: Resolution No. 2006-RO140 authorizing a temporary overnight camping area in Mae Simmons Park for the 4th Annual Children's Advocacy Center Bike Race to be held May 20-21, 2006 benefiting the Children's Advocacy Center of the South Plains. RESOLUTION NO.2006-RO140 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby authorize a temporary overnight camping area in Mae Simmons Park on Saturday, May 20, 2006, for the 4'h Annual Children's Advocacy Center Bike Race to be held on Saturday, May 20-21, 2006, benefiting the Children's Advocacy Center of the South Plains, as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. 307 Regular City Council Meeting March 23, 2006 Page 308 Passed by the City Council this 23rd 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/ Randy Truesdell Randy Truesdell Community Services Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney A copy of the Exhibit "A" is filed with Resolution No. 2006-RO140. The Children's Advocacy Center of the South Plains has requested permission to allow overnight camping in Mae Simmons Park on May 20, 2006. The bike race will begin on Saturday, May 20, 2006 and run 24 hours until Sunday, May 21, 2006. This will be the fourth year this race has been held but the first year that it will be held as a 24-hour race. The race will be held within the off -road bike trails of Mae Simmons Park. Peace officers in charge of the Lubbock Police Department Explorer Post will be course marshals for the event. Volunteers will be specifically assigned to clean up the site after the event. No campfires will be allowed. On February 28, 2006, the Parks and Recreation Advisory Board approved recommendation of this request to the City Council. Staff recommended approval of this resolution. Nancy Haney, Executive Director of Community Development, gave comments and answered questions from Council. Motion was made by Council Member Price, seconded by Council Member Jones to pass Resolution No. 2006-RO140 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.15. Application Resolution - Business Development: Resolution No. 2006-RO141 authorizing the Mayor to execute an application to the Texas Department of Transportation Enhancement Program for the Regis Street Beautification Project. RESOLUTION NO.2006-RO141 CERTIFICATION OF FUNDING SUPPORT RESOLUTION WHEREAS, the City of Lubbock, Texas, desires to submit an application for a Lubbock Preston Smith International Airport Corridor Landscape Improvement, Phase 2 Regis Street Beautification Project to be submitted to the 2005-2006 Texas Department of Transportation Statewide Transportation Enhancement Program; and WHEREAS, the Project is designed to provide streetscape beautification of a one mile segment of Regis Street (FM 2641) extending east from Interstate Highway 27 to Martin Luther King Boulevard that will enhance the visual corridor or primary approach to and from the airport and the City; and Regular City Council Meeting March 23, 2006 Page 309 WHEREAS, the City desires to establish its commitment to pledge the 20% match in accordance with the Statewide Transportation Enhancement Program Guide; and WHEREAS, the City commits the project's development, implementation, construction, maintenance and financing; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized to execute all documents necessary for the submission of the Lubbock Preston Smith International Airport Corridor Landscape Improvement, Phase 2 Regis Street Beautification Project. Passed by the City Council of the City of Lubbock this 23rd 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/ Rob Allison Rob Allison, Executive Director of Development Services APPROVED AS TO FORM: /s/ John M. Knight for Linda Chamales, Senior Attorney Office Practice Section The Transportation Enhancement Program is a federally funded program designed for projects that have a relationship to the surface transportation system. These projects are non-traditional transportation related activities that go beyond building or rehabilitating roadways. Projects integrate transportation facilities into the surrounding environment in a sensitive and creative manner that goes beyond standard or routine operations. The funds provided by this program are on a cost reimbursement basis and are capped by the award amount. A minimum match of 20 percent local funding to a maximum 80 percent federal funding is required in each project phase when federal reimbursement is requested. The Regis Street Beautification project is the streetscape beautification of a one -mile segment of Regis Street (FM 2641) extending east from Interstate Highway 27 to Martin Luther King Boulevard. This project is the second phase of a two-phase landscape and open space development project designed to enhance the visual corridor or primary approach to and from the airport and the city. The project will present an open park -like environment. The planned trees, along with open space, will provide along the corridor to the airport a positive first impression of our community. An intent to file an application for this project will be submitted to the local --- Metropolitan Planning Organization by March 24, 2006. The targeted award of this application will be approximately $2,029,025. The sponsoring agency for this project is the Lubbock Preston Smith International Airport. FISCAL IMPACT This resolution is required as part of the grant application process, with the grant award anticipated in November/December 2006. The twenty percent match can be either cash or in -kind participation/services. At the time of the Regular City Council Meeting March 23, 2006 Page 310 award matching funds or services will be identified before the -rant agreement is executed. Staff recommended approval of this resolution. Rob Allison, Executive Director of Development Services, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to pass Resolution No. 2006-RO141 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.16. Application Resolution - Business Development: Resolution No. 2006-RO142 authorizing the Mayor to execute an application to the Texas Department of Transportation Enhancement Program for the Visitor Information and Gateway Center — Lubbock's Front Door Project. RESOLUTION NO.2006-RO142 CERTIFICATION OF FUNDING SUPPORT RESOLUTION WHEREAS, the City of Lubbock, Texas, desires to submit an application for a Lubbock's Front Door, Visitor Information Center & Gateway Project to be submitted to the 2005-2006 Texas Department of Transportation Statewide Transportation Enhancement Program; and WHEREAS, the Project is designed to provide a 3,600 square foot construction addition to the east side of the Buddy Holly Center for the purpose of opening a Visitor Information Center and creating a gateway into downtown Lubbock with street -side landscaping along 19`h Street; and WHEREAS, the City desires to establish its commitment to pledge the 20% match in accordance with the Statewide Transportation Enhancement Program Guide; and WHEREAS, the City commits the project's development, implementation, construction, maintenance and financing; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized to execute all documents necessary for the submission of the Lubbock's Front Door, Visitor Information Center & Gateway Project. Passed by the City Council of the City of Lubbock this 23rd 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/ Rob Allison Rob Allison, Executive Director of Development Services APPROVED AS TO FORM: /s/ John M. Knight for Linda Chamales, Senior Attorney Office Practice Section The Transportation Enhancement Program is a federally funded program designed for projects that have a relationship to the surface transportation system. These projects are non-traditional transportation related activities, 310 Regular City Council Meeting March 23, 2006 Page 311 which go beyond building or rehabilitating roadways. Projects integrate transportation facilities into the surrounding environment in a sensitive and creative manner that goes beyond standard or routine operations. The funds provided by this program are on a cost reimbursement basis and are capped by the award amount. A minimum match of 20 percent local funding to a maximum 80 percent federal funding is required in each project phase when federal reimbursement is requested. This project involves adding 3,600 square feet to the east side of the Buddy Holly Center for the purpose of opening a Visitor Information Center and creating a gateway into downtown Lubbock. Additional parking and -- landscaping are also planned. An intent to file an application for this project will be submitted to the local Metropolitan Planning Organization (MPO) by March 24, 2006. The targeted award of this application will be approximately $2,873,000. The City of Lubbock is the nominating entity. The sponsoring agency for this project is Visit Lubbock, the Convention and Visitors Bureau. FISCAL IMPACT This resolution is required as part of the grant application process, with the grant award anticipated in November/December 2006. The twenty percent match can be either cash or in -kind participation/services. At the time of the award matching funds or services will be identified before the grant agreement is executed. Staff recommended approval of the resolution. Rob Allison, Executive Director of Development Services, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to pass Resolution No. 2006-RO142 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.17. Application Resolution - Business Development: Resolution No. 2006-RO143 authorizing the Mayor to execute an application to the Texas Department of Transportation Enhancement Program for the Underwood Arts Center Pedestrian and Mass Transit Improvements Project. RESOLUTION NO.2006.R0143 CERTIFICATION OF FUNDING SUPPORT RESOLUTION WHEREAS, the City of Lubbock, Texas, desires to submit an application for a Louise Hopkins Underwood Center for the Arts Pedestrian Facility Improvements and Mass Transit Plaza project to be submitted to the 2005-2006 Texas Department of Transportation Statewide Transportation Enhancement Program; and WHEREAS, the Project is designed to provide for improved pedestrian access to the multiple buildings that comprise the Underwood Center's downtown campus and would enhance pedestrian safety and navigability in arriving, departing and moving about the campus as well as their connection throughout the City of Lubbock via mass transit; and WHEREAS, the City desires to establish its commitment to pledge the 20% match in accordance with the Statewide Transportation Enhancement Program Guide; and WHEREAS, the City commits the project's development, implementation, construction, maintenance and financing; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized to execute all documents necessary for the submission of the Louise Hopkins Underwood Center for the Arts Pedestrian Facility Improvements and Mass Transit Plaza Project. 311 Regular City Council Meeting March 23, 2006 Page 312 Passed by the City Council of the City of Lubbock this 23rd day of March, 2006. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rob Allison Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison, Executive Director of Development Services APPROVED AS TO FORM: /s/ John M. Knight for Linda Chamales, Senior Attorney Office Practice Section The Transportation Enhancement Program is a federally funded program designed for projects that have a relationship to the surface transportation system. These projects are non-traditional transportation related activities, which go beyond building or rehabilitating roadways. Projects integrate transportation facilities into the surrounding environment in a sensitive and creative manner that goes beyond standard or routine operations. This program provides funds on a cost reimbursement basis that are capped by the award amount. A minimum match of 20 percent local funding to a maximum 80 percent federal funding is required in each project phase when federal reimbursement is requested. The Louise Hopkins Underwood Center for the Arts Pedestrian Facility Improvements and Mass Transit Plaza is a project designed to safely convey visitors to and from the Underwood Center through improved pedestrian walkways, traffic calming, and safe queuing areas and loading zones for mass transit. The project is located at the core campus of the Underwood Center in downtown Lubbock and will include improvements to the immediate campus, Mac Davis Lane from Avenue L to Ave J, Avenue J from Fifth Street to Mac Davis Lane and Fifth Street from Avenue J to the parking lot of the U.S. Post Office on 4th Street and Avenue L. Altogether, the project will provide for improved pedestrian access to the multiple buildings that comprise the Underwood Center's downtown campus and will enhance pedestrian safety and navigability in arriving, departing and moving about the campus as well as their connection throughout the City of Lubbock via mass transit. An intent to file an application for this project will be submitted to the local Metropolitan Planning Organization by March 24, 2006. The targeted award of this application will be approximately $2,750,000. The sponsoring agency for this project is The Louise Hopkins Underwood Center for the Arts. FISCAL IMPACT The twenty percent match of $550,000 will be funded by The Louise Hopkins Underwood Center for the Arts. Staff recommended approval of this resolution. Rob Allison, Executive Director of Development Services, gave comments and answered questions from Council. Mayor Pro Tem Martin asked Allison to bring to the April 13, 2006 Council Meeting a resolution for the grant application from the local bicycle enthusiasts, which was favorably recommended by the Parks and Recreation Board, so that it can be presented 312 Regular City Council Meeting March 23, 2006 Page 313 for review by the Metropolitan Planning Organization (MPO). Allison will notify the MPO that the resolution is in process. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to pass Resolution No. 2006-RO143 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.18. Grant Agreement Resolution - Aviation: Resolution No. 2006-RO144 authorizing the Mayor to execute a Grant Agreement between the Federal Aviation Administration and the City of Lubbock to fund the design of the GA Ramp — Phase II. RESOLUTION NO.2006-RO144 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 Grant Agreement for Federal Assistance, in substantially the form of the attached Agreement, by and between the City of Lubbock and the Federal Aviation Administration for funding the Phase II General Aviation Ramp Improvements (design only) for Lubbock Preston Smith International Airport, 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 23rd day of March, 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James W. Loomis, Director of Aviation 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-R0144. Lubbock Preston Smith International Airport is eligible to receive annual entitlement funds from the Federal Aviation Administration under the Airport Improvement Program. Funds under this program are restricted to safety and capacity improvements. This year's grant is for $371,308. The money will be used to fund 95% of the Phase II General Aviation Ramp Project, design only. The remaining 5% of the project, $19,542 will be funded through the Passenger Facility Charge Program. FISCAL IMPACT For FY 2006, the Airport was awarded an additional $143,854 in cargo entitlements. These funds will be added to the remaining $429,954 from the 2006 passenger entitlements for a total carryover of $573,808. Staff anticipates using the carryover and 2007 entitlements to fund the construction phase of the GA Ramp project and a project to renovate the HVAC system in the terminal building during fiscal year 2007. The Airport Board and staff recommended approval of this resolution. 313 Regular City Council Meeting March 23, 2006 Page 314 James Loomis, Director of Aviation, gave comments. and answered questions from Council. Motion was made by Council Member DeLeon, seconded by Council Member Gilbreath to pass Resolution No. 2006-RO144 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.21. Contract Resolution - Public Works Engineering: Resolution No. 2006-RO145 authorizing the Mayor to execute a Crossing Surface Installation Agreement with the BNSF Railway Company to improve the grade railroad crossing on Avenue U north of Clovis Road (DOT#014930Y). RESOLUTION NO.2006-RO145 WHEREAS, the City Council of the City of Lubbock is of the opinion that it is in the best interest of the citizens of the City of Lubbock and is in the public interest to participate, in an amount not to exceed twenty-five thousand six hundred and no/100 dollars ($25,600.00), with BNSF Railway company in the construction of improvements to the BNSF rail crossing with Avenue U, NOW THEREFORE; 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 the improvement of the railroad crossing at Avenue U (DOT#014930Y), by and between the City of Lubbock and BNSF Railway Company, and related documents. City participation in the said improvement shall not exceed twenty-five thousand six hundred and no/100 dollars ($25,600.00) 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 23rd 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 A copy of the Agreement is filed with Resolution No. 2006-R0145. Joshua R.L. Collins of TKDA Engineers/Architects/Planners, representing the BNSF Railway, informed City staff of their plans to perform maintenance work on their section of railroad crossing on Avenue U north of Clovis Road. Mr. Collins indicated BNSF's willingness to install a new concrete railroad crossing surface at this crossing if the City would be willing to pay one third of the cost. The existing crossing is a wood plank crossing and is very rough on vehicular traffic crossing the tracks. Mr. Collins stated they would install the new concrete crossing if the City participates in the cost and, if the City chose not 314 Regular City Council Meeting March 23, 2006 Page 315 to participate, the maintenance crews would re -install the existing plank crossing. Mr. Collins indicated the cost to construct this concrete crossing will be $1,200 per linear foot for the 64 foot long crossing. The City's one third share will be $400 per linear foot for the 64 foot long crossing, or $25,600. The City participation is monetary only. BNSF Railroad will provide for construction, including any asphalt work, striping, and traffic control. FISCAL IMPACT The cost to the City for this improved railroad crossing is $25,600. Budget Amendment No. 12 to the FY 2005-06 budget includes $25,600 in Capital Improvement Project number 90096, Dip Reconstruction. First reading of this Ordinance was March 8, 2006 and second reading is March 23, 2006. Staff recommended approval of this resolution. Larry Hertel, City Engineer, gave comments and answered questions from Council. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2006-RO145 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.22. Contract Resolution - Community Development: Resolution No. 2006-RO146 authorizing the Mayor to execute a Community Development Funding Contract and all related documents between the City of Lubbock and North and East Lubbock Community Development Corporation from the Community Development Block Grant for a Micro Loan Program. RESOLUTION NO. 2006-RO146 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 North and East Lubbock Community Development Corporation for the Community Development Block Grant Micro Loan 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 23rd 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 Community Development Director APPROVED AS TO FORM: /s/ John M. Knight_for Amy Sims, Assistant City Attorney 315 Regular City Council Meeting March 23, 2006 Page 316 A copy of the contract is filed with Resolution No. 2006-R0146. Grantee: North and East Lubbock Community Development Corporation Program: Micro Loan Program Funding Source: 2004-2005 Community Development Block Grant Use of Funds: The funds for this program will be used to provide a Micro Loan Program. To be eligible for funding, the business must have five (5) or fewer employees and the owner must be of low -to -moderate income. Amount: $40,000 Match: 25% Return of Investment: Not required for this program. Funds received in the form of loan payments will be routed back into the Micro Program for future lending. Terms: March 23, 2006 through September 30, 2007 Comments: Funding for this Contract was approved by City Council at the January 27, 2004 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT Return of Investment: Not required for this program. Funds received in the form of loan payments will be returned back into the North and East Lubbock CDC Micro Program for future lending. Staff recommended approval of this resolution. Nancy Haney, Executive Director of Community Development, and John Hall, Director of North and East Lubbock Community Development Corporation, gave comments and answered questions from Council. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2006-RO146 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Mayor Pro Tem Martin was away from the dais. 5.23. Contract Resolution - Community Development: Resolution No. 2006-RO147 authorizing the Mayor to execute a Community Development Funding Contract and all related documents between the City of Lubbock and North and East Lubbock Community Development Corporation from the Community Development Block Grant for a Down Payment and Closing Cost Assistance Program. RESOLUTION NO. 2006-RO147 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 North and East Lubbock Community Development Corporation for the Community Development Block Grant Down Payment and Closing Cost Assistance 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. 316 Regular City Council Meeting March 23, 2006 Page 317 Passed by the City Council this 23rd 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 Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the contract is filed with Resolution No. 2006-R0147. Grantee: North and East Lubbock Community Development Corporation Program: Down Payment and Closing Cost Assistance Program Funding Source: 2005-2006 Community Development Block Grant Use of Funds: The funds for this program will. be used to provide down payment and closing cost assistance and/or soft seconds to qualified homebuyers. The funds will be awarded as five-year forgivable loans. Amount: $50,000 Match: 25% Return of Investment: Not required for this program. Terms: March 23, 2006 through September 30, 2007 Comments: Funding for this contract was approved by City Council at the June 23, 2005 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT Federal funds will be used from the Community Development Block Grant. The maximum to be allocated to this project is $50,000. Staff recommended approval of this resolution. Nancy Haney, Executive Director of Community Development, gave comments and answered questions from Council. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2006-RO147 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.27. Contract Change Order Resolution - Street Drainage Engineering: Resolution No. 2006-RO148 authorizing the Mayor to execute Change Order #5 to the Milwaukee Avenue Paving Project from 34th Street to 92nd Street. RESOLUTION NO.2006-RO148 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 #5 to the 317 Regular City Council Meeting March 23, 2006 Page 318 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 23rd 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 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-R0148. The Milwaukee Avenue Paving Project from 34th Street to 92nd Street is being constructed by Granite Construction Company. Change Order No. 5 will add work to be done on this construction project. Original Contract = $17,316,932.50 Change Order No. 1 (7/14/05) _ ($ 212,840.00) Change Order No. 2 (10/27/05) _ $ 416,200.00 Change Order No. 3 (12/15/05) _ $ 147,268.83 Change Order No. 4 (3/8/06) _ $ 74, 366.50 This Change Order No. 5 = $ 492,735.85 New Contract Amount = $18,234,663.68 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 $1,409.40. OR Regular City Council Meeting March 23, 2006 Page 319 (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 three or four 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 $28,519.43. (5) Asphalt stabilized base (black base) between the bottom of the concrete paving, and the top of culverts with less than two 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 was 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 $67,852.50. Change Order No. 5 is for constructing additional paving — extending the concrete paving of Milwaukee Avenue south from 92nd Street to 94th Street. The extension of a 20-foot water line ahead of the paving is part of this change order. The Developers on both sides of this portion of Milwaukee Avenue (Betenbough on west side and James Pipken representing Day Estates on the east side) approached the City about extending this paving as part of the current construction contract with Granite Construction. A final plat has already been recorded on the subdivision on the west side to 94th Street. A final plat is pending on the east side for development past 93rd Street. Both Developers are prepared to submit their payment to the City for their share of the thoroughfare paving costs. Betenbough had prepaid their Milwaukee paving at the time they platted their subdivision on the west side of Milwaukee. The prepaid deposit already paid for Milwaukee paving is $32,178. However, because of construction conflicts on the west side of Milwaukee, the curb and gutter, alley returns, and a street stub were not constructed with their plat or provided for with their prepaid paving deposit. The Betenboughs will owe $9,509 for this work. The Day Estates property abutting this portion of Milwaukee to be paved will have a cost share of $44,234. 319 Regular City Council Meeting March 23, 2006 Page 320 Both Developers have agreed to place their money with the City for their share of the paving cost prior to the City Council meeting March 23, 2006 when this Change Order will be considered. FISCAL IMPACT The 2005-06 Capital Projects Budget is $20,500,000 for this purpose. Construction Contract (including this Change Order) _ $18,234,663.68 Engineering Agreements to Date: _ $ 1,663,708.00 Total Estimated Project Cost To Date $19,898,371.68 Less Wal-Mart Participation (C.O. #4) ($ 38,161.00)* Less Betenbough Prepaid & Additional Participation ($ 41,687.52) Less Day Estates Participation ($ 44,234.00) Total Estimated Project Funding Need to Date = $19,774,289.16 Remaining Available Funding = $20,500,000.00 ($19,774,289.16) $ 725,710.84 * Wal-Mart's check to the City was $44,185 that included additional costs for engineering for Parkhill, Smith & Cooper. Staff recommended approval of this resolution. Larry Hertel, City Engineer, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass Resolution No. 2006-RO148 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.32. Policy Amendment Resolution - Finance: Resolution No. 2006-RO149 approving an amendment to the City's financial policies related to the General Fund unrestricted fund balance and appropriable net assets for all other funds. RESOLUTION NO.2006-RO149 WHEREAS, the City of Lubbock has an important responsibility to its citizens to carefully account for public funds, prudently manage municipal finances, and plan for the adequate funding of services desired by the public; and WHEREAS, the purpose of the financial policies is to enable the City to achieve a long-term stable and positive financial condition by exercising integrity, prudence, responsible stewardship, planning accountability, and full and continuous disclosure; WHEREAS, pursuant to Resolution No. 2001-R0196, adopted by the City Council of the City of Lubbock on May 24, 2001, the City of Lubbock adopted financial policies (the "Financial Policies") as described therein; WHEREAS, the City of Lubbock now desires to amend the Financial Policies by revising or addressing (i) the General Fund Unrestricted Fund Balance; and (ii) Appropriable Net Assets for all other Funds as regard to the General Fund; Water and Wastewater Funds; Solid Waste, Airport and Storm Water Funds; and Internal Service Funds; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Financial Policies of the City of Lubbock are hereby amended by deleting in their entirety the subparagraphs entitled, "General Fund", "Capital Project Funds", "Enterprise Funds", "Rate Stabilization Funds" and "Internal Service Fund" of Article I, Paragraph C, "Financial Conditions, Reserves and Stability Ratios", and replacing the above named subparagraphs with the following, to -wit: GENERAL FUND. The City targets an unrestricted fund balance in an amount equal to at least 20% of regular general fund operating revenues to meet unanticipated contingencies and fluctuations in revenue. Staff develops a General Fund rate model, 320 Regular City Council Meeting March 23, 2006 Page 321 which is a rolling ten-year average multi -year financing plan that is used to forecast fiscal year-end balances. By compiling all projected resources, General Fund disbursements, general capital needs and operating transfers, staff develops a rate model. If the rate model indicates an impending deficit, contingency plans are developed for City Council approval to relieve those deficits. WATER AND WASTEWATER FUNDS. The City targets appropriable net assets in the Water and Wastewater funds in an amount equal to 25% of regular operating revenues. Rate models are maintained in the Water Fund and Wastewater Fund to identify all sources and uses of funds and provide a 10-year rate model which is used as a planning tool for rate setting. The rate model is a model where all projected revenues, operating and capital disbursements, debt service requirements, and transfers in/out are compiled to determine the rate necessary to yield the targeted ending balance. When the model predicts the need for a rate increase, further intensive review is performed to determine if capital project construction timelines can be adjusted in order to smooth the rate. The rolling ten-year rate models are updated and analyzed as part of the budget preparation process and again mid -fiscal year, once prior year financial statements are issued. SOLID WASTE, AIRPORT AND STORM WATER FUNDS. The City targets appropriable net assets in the Solid Waste, Airport, and Storm Water funds in an amount equal to 15% of regular operating revenues. Rate models are maintained in the Solid Waste Fund, Airport Fund and Storm Water Fund to identify all sources and uses of funds and provide a 10-year rate model which is used as a planning tool for rate setting. The rate model is a model where all projected revenues, operating and capital disbursements, debt service requirements, and transfers in/out are compiled to determine the rate necessary to yield the targeted ending balance. When the model predicts the need for a rate increase, further intensive review is performed to determine if capital project construction timelines can be adjusted in order to smooth the rate. The rolling ten-year rate models are updated and analyzed as part of the budget preparation process and again mid -fiscal year, once prior year financial statements are issued. In the Solid Waste Fund, funds are designated in landfill closure and post closure care reserves for the purpose of covering the City's landfill sites when they stop accepting waste and to perform certain maintenance and monitoring functions at the sites for thirty years after closure. INTERNAL SERVICE FUNDS. The City targets appropriable net assets in the Internal Service Funds in an amount equal to 8% of regular operating revenues. Passed by the City Council this 23rd 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/ Jeff Yates Jeff Yates, Chief Financial Officer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner, First Assistant City Attorney The unrestricted fund balance in the General Fund and appropriable net assets in all other funds represent spendable funds that have not been designated or restricted for other purposes. These funds are intended to serve as a measure of the City's financial resources available. Credit rating agencies carefully monitor levels of unrestricted fund balance and appropriable net assets to evaluate a government's continued creditworthiness. The Government 321 Regular City Council Meeting March 23, 2006 Page 322 Finance Officers Association (GFOA) recommended that governments establish a formal policy on the level of unrestricted fund balance that should be maintained in the General Fund and the adoption of similar policies for other types of governmental funds. This policy will fulfill both of these requirements. The City's Audit Committee approved this policy at their March 13, 2006 meeting. Staff recommended approval of this resolution. Jeff Yates, Chief Financial Officer, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass Resolution No. 2006-RO149 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6. REGULAR AGENDA 6.1. Board Appointments — City Secretary: Consider three appointments to the Animal Shelter Advisory Committee, one appointment to the Board of Health, four appointments to Keep Lubbock Beautiful Advisory Committee, three appointments to the Parks & Recreation Board, and one appointment to the Public Transit Advisory Board. Motion was made by Council Member Jones, seconded by Council Member Price to appoint Annette Castellano -Chavez, Margaret Durham, and Larry Phillippe to the Animal Shelter Advisory Committee. Motion carried: 7 Ayes, 0 Nays. Motion was made by Council Member Jones, seconded by Council Member Price to appoint Kae Hentges to the Board of Health. Motion carried: 7 Ayes, 0 Nays. Motion was made by Council Member Jones, seconded by Council Member Price to appoint Karen Sims and reappoint Lucy Eade, Jeff Kltozman, and Georgianna White to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Ayes, 0 Nays. Motion was made by Council Member Jones, seconded by Council Member Price to reappoint Grey Lewis, J.R. Morales, and Gwen Titus to the Parks & Recreation Board. Motion carried: 7 Ayes, 0 Nays. Motion was made by Council Member Jones, seconded by Council Member Price to appoint Susan Poff to the Public Transit Advisory Board. Motion carried: 7 Ayes, 0 Nays. 6.2. Code of Ordinances Ordinance 2nd Reading - Zoning: Ordinance No. 00030 Consider ordinance making 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 (105h.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. 322 Regular City Council Meeting March 23, 2006 Page 323 The Planning and Zoning Commission has held three work sessions and three public hearings on the topic of electronic message signs during the past several years. Discussions have focused on the ability to use newer LED lighting technology to replace the old plastic letter reader boards, without creating a hazard to traffic or creating miles of red flashing lights. It 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. Section 29-2(9) states a specific purpose "to promote a safe, effective traffic circulation system." The overall purpose of the City of Lubbock Sign Code is to provide uniform sign standards that promote a positive city image reflecting order, harmony, and pride in an effort to help strengthen 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. (5) Defines electronic message display signs, their placement, and their 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 6:00 a.m. During the first reading, the Lubbock City Council asked for several modifications to the original ordinance proposed by the Planning and Zoning Commission. 323 Regular City Council Meeting March 23, 2006 Page 324 These changes include: (1) Eliminating the reference to time and temperature signs_ and allow these type signs to have the ability to operate as electronic message display signs. (2) Allow each message/page to be changed at a rate of once every 10 seconds. (3) Allow electronic message display signs only on freestanding signs. Attached is a copy of the City of Lubbock Sign Code with the proposed changes that were approved by the Planning Commission with modifications by the Lubbock City Council integrated into it. The section numbers referenced in this memo correspond to the section numbers in the attached document where the proposed change appears. Section 29-3(14) changes the term "multi -prism sign" to the new term "electronic message display". The definition of 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. Section 29-3(105h.1) adds a definition of an electronic gasoline price sign. This definition is based on the definition of an electronic message display and was added so these type signs can be installed on wall, canopy, and freestanding signs. Section 29-3 (105h.2) 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, signs where the message is changed by reorienting cards of contrasting color, LCD signs, LED signs, any sign that is electronically or mechanically changed by remote or automatic means. Time and temperature signs have been added to the definition. Section 29-26(b)(12) time and temperature signs have been removed from the general provisions of the sign code and added to the definition of electronic message display signs. Section 29-26(b)(13) gasoline price signs have been moved to the definition section as electronic gasoline price signs. Section 29-26(c)(2) takes electronic message displays, and electronic gasoline price signs out of the realm 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. Time and temperature signs are now covered under the definition of electronic message display signs. Section 29-26(f)(1)(a) coordinates the nonconforming sign abatement section with the rest of the sign code. Section 29-26(f)(1)O) gives electronic message display signs, and electronic gasoline price signs in newly annexed areas six 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 six and one-half years to come into compliance with the operational requirements. Time and temperature signs are now included in electronic message display signs. Section 29-26 (h)(5)(b)(5) takes rotating freestanding signs out of the apartment, garden office and medical districts. Section 29-26 (i)(7)(b)(5) and Section 29-26(i)(8) takes rotating free-standing and rotating roof signs out of the commercial districts. 324 Regular City Council Meeting March 23, 2006 Page 325 Section 29-26(i)(7)(b)(7) Places operational requirements on all electronic message display signs. This limits electronic message displays to freestanding signs. (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 the old "Burma Shave" type signs that kept your attention by only giving you a portion of the message. This old technique keeps you looking at the sign in anticipation of what the sign is going say next. (c) Requires the sign to change in the equivalent of a blink of the eye. (d) Requires each message/page to be displayed a minimum of 10 seconds. The operational requirements have been moved to Section 29-26(i)(7), freestanding signs. This limits electronic message displays to freestanding signs. Section 29-26(i)(10) allows electronic gasoline prices signs to be installed as wall signs, canopy signs, and on freestanding signs. Section 29-26(o)(10) adds the same operational controls to billboards with electronic message displays as with on -premise signs with electronic message displays. A copy of the code with marked revisions is provided. The staff supports the unanimous recommendation of the Planning and Zoning Commission with the modifications approved by the City Council. Bill Boone, Planner, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2006-00030 with the changes that were done by the Planning and Zoning staff. Motion carried: 7 Ayes, 0 Nays. 6.3. Public Hearing - 10:00 AM - Zoning: Ordinance No. 2006-00034 Zone Case No. 2103-D (2431 S. Loop 289): Hold a public hearing to consider request of Chana Damron, for Damron Wheels-N-Waves, Inc. dba Damron Motorcycle Co., to amend Ordinance 7371 (C-4 with a current list of uses) to add: 1) motorcycle sales rental and service, and 2) trailer sales and service on Tract D less the west part of Sportsman Addition. ORDINANCE NO.2006-00034 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2103-D TO AMEND ORDINANCE NO. 7371 BY ADDING TWO PERMITTED USES: MOTORCYLE SALES AND TRAILER SSALES ON TRACT D LESS THE WEST PART OF SPORTSMAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:31 a. m. No one appeared on behalf of Damron Motorcycle Co. No one appeared in opposition. Mayor McDougal closed the hearing at 10:31 a. m. The applicant is requesting an amendment to the conditions placed on a C-4 zoned parcel. The original case in 1976 had a list of 12 permitted C-4 uses that included automotive and boat sales but did not include either motorcycle sales or trailer sales. The family has a successful motorcycle business at 49th Street and Avenue Q and is running out of space. They feel this location will give them the space and exposure they need to continue to expand their business. The use of land in all directions is commercial. 325 Regular City Council Meeting March 23, 2006 Page 326 The request meets the guidelines of the Comprehensive Land Use Plan and Zoning Policy. Much of the land in the immediate vicinity is zoned open C-4. The amendment to allow the two additional uses should not create an issue. The Planning Commission recommended the request with the following conditions: 1. The existing list of permitted uses within Ordinance 7371 will be increased by adding: a. Motor cycle shops, including sales, rentals and service b. Trailer and truck rental utility 2. If trailers are sold or rented, one demonstration unit of each brand may be displayed in the front of the store and the balance of the inventory will be parked on the side or in the back of the building. The staff supports the recommendation of the Planning and Zoning Commission. Randy Henson, Senior Planner, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00034 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.4. This item was considered following Item 6.5. 6.5. Public Hearing - 10:00 AM - Zoning: Ordinance No. 2006-00035 Hold a public hearing to amend Zoning Ordinance No. 7084 amending Section 29-24 (c) (2) to set standards for a temporary finish on common walls of townhouse units. ORDINANCE NO.2006-00035 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: AMENDING SECTION 29-24(c)(2) TO SET STANDARDS FOR A TEMPORARY FINISH ON COMMON WALLS ON TOWNHOUSE UNITS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:33 a. in. No one appeared to speak in favor of changes to the Code of Ordinance, Section 29-24 (c)(2). No one appeared in opposition. Mayor McDougal closed the hearing at 10:33 a. in. Section 29-24(c)(2)p of the proposed amendment reads as follows: "Temporary finish on common walls. Any wall intended to be a common wall with adjacent townhouse unit must be finished with stucco or an approved variant unless the adjacent unit is under construction at the time of building final inspection." The staff supports the recommendation of the Planning and Zoning Commission. Randy Henson, Senior Planner, gave comments and answered questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00035 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 326 Regular City Council Meeting March 23, 2006 Page 327 6.4. Public Hearing - 10:00 AM - Zoning: Ordinance No. 2006-00036 Zone Case No. 3048-A (from 5th Street to loth Street and from Avenue S to Avenue V): Hold a public hearing to consider request of Mary Crites, Parkhill Smith Cooper, for McCanton Woods, Ltd., for a zoning change from R-1 Specific Use to R-1 Specific Use for Town homes, Garden Homes and detached single family homes (amending conditions of Zone Case 3048) on Blocks 28, 29, 35, 38, 39, 61, and 62; Lots 13-24, Block 30; Lots 18-24 and the east % of Lot 17, Block 34; Lots 13-24, Block 63; Lots 1-12, Block 27; Lots 1-12, Block 40; Overton Addition and, Blocks 1, 2, 3, and 4 Overton Park Addition. ORDINANCE NO.2006-00036 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: REPEALING ORDINANCE NO. 2005-00105; AND ZONE CASE NO. 3048-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR TOWNHOUSES, GARDEN HOMES, AND DETACHED SINGLE-FAMILY HOMES ON ALL OF BLOCKS 28, 29, 35, 38, 39, 61 AND 62; LOTS 13-24, BLOCK 30; LOTS 18-24 AND THE EAST %Z OF LOT 17, BLOCK 34; LOTS 13-24, BLOCK 63; LOTS 1-12, BLOCK 27; LOTS 1-12, BLOCK 40, OVERTON ADDITION, AND BLOCKS 1,2,3, AND 4, OVERTON PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Martin opened the public hearing at 10:35 a. m. No one appeared on behalf of McCanton Woods, Ltd. No one appeared in opposition. Mayor Pro Tem Martin closed the hearing at 10:35 a. m. Several months ago, the applicant presented a somewhat complex zone case inclusive of a booklet that describes the architectural styles and details that will be required of new single family in the initial phase of the residential component in the Overton redevelopment area. Since that case was approved, reviews by several design firms, City staff, and several builders have discovered a number of minor issues that need to be amended. The case represents a clarification or clean-up of the initial case. Adjacent land uses: N — commercial S — residential E — residential W — high density residential The request is consistent with the Comprehensive Land Use Plan as amended, and accommodates technical amendments that are an accumulation of City staff and contractors employed by the applicant to create the guidelines. The redevelopment project is not envisioned to make Overton North a replica of the original subdivision, but to provide for styles and amenities typical of architecture of the area when it was in its prime, and a sense of "place". A side -by -side of the current ordinance compared with the proposed changes has been prepared for the Commission and City Council, and is included in the package provided to the Council. In addition, an amended copy of the design booklet that will be adopted by the ordinance is provided. The proposals are consistent with zoning policy for the area. The Planning Commission recommended acceptance of the proposed Code and Design Guidelines. Staff supports the recommendation of the Planning Commission. Randy Henson, Senior Planner, gave comments and answered questions from Council. Motion was made by Council Member Gilbreath, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00036 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. 327 Regular City Council Meeting March 23, 2006 Page 328 Mayor McDougal recused himself. 6.6. This item was considered following Item 6.7. 6.7. Purchase Resolution - Business Development: Resolution No. 2006-RO150 to purchase street furniture using State of Texas TXMAS Contract #3-7111020 for the North Overton TIF. RESOLUTION NO.2006-RO150 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock awards purchase of street furniture for the North Overton TIF, as more particularly described in that certain product pricing based on contract from the TXMAS Contract #3-7111020 (the "Property"), to Landscapeforms of Kalamazoo, Michigan. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Purchasing and Contract Management or his/her designee, BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock any and all purchase orders and related documents regarding the purchase of the Property. Passed by the City Council this 23`d 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/ Rob Allison Rob Allison, Executive Director of Development Services APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This resolution authorizes the purchase of street furniture for the landscaping in the right-of-way for the Wal-Mart tract and Tract 2A in the North Overton TIF. These items can be purchased using State of Texas TXMAS Contract #3-7111020 at a reduced cost from Landscapeforms of Kalamazoo, Michigan. Items include 13 park benches, 10 litter receptacles, and six bike racks. FISCAL IMPACT $55,000 is available for this purpose in Capital Improvement Project number 91065, Wal-Mart and Capital Improvement Project number 90300, The Centre Phase I. Staff recommended purchase from Landscapeforms of Kalamazoo, Michigan for $33,864. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO150 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Mayor McDougal recused himself. 328 Regular City Council Meeting March 23, 2006 Page 329 6.6. Contract Resolution - Water Utilities: Resolution No. 2006-RO151 authorizing the Mayor to execute a contract with Winstead Consulting Group, L.L.C. and Winstead Sechrest & Minick P.C. for legal, legislative, and other consulting services for the protection of the City of Lubbock's current and future water supplies. RESOLUTION NO.2006-RO151 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 by and between the City of Lubbock and Winstead Consulting Group, L.L.C. and Winstead Sechrest & Minick P.C. for legal, legislative, and other consulting services for the protection of the City of Lubbock's current and future water resources. 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 23rd 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/ Thomas L. Adams Thomas Adams, Deputy City Manager APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2006-RO151. This contract involves the services of Winstead Consulting Group, L.L.C. and Winstead Sechrest & Minick P.C. for legal, legislative, and other consulting services to the City regarding the strategic implementation of directives and recommendations of the Lubbock City Council, the City's Water Advisory Board, and other advisory board or board of trustees with authority or jurisdiction over the City's water and wastewater systems, the City's Strategic Water Plan, and subsequent master plans and engineering studies, including without limitation: legislative and regulatory matters pertaining to water, wastewater, and other such issues which could impact the City; negotiations with the Brazos River Authority; negotiations with other water users and purveyors (wholesale and retail) in the region; negotiations regarding water supplies and their development; the development, financing, construction, and operation of water and wastewater infrastructure; and the transfer of any water supply related permits. FISCAL IMPACT $5,250 per month in 2006 and $5,500 per month in 2007 for legislative and other consulting services rendered. Separate fees for legal services rendered will be calculated and billed on an hourly basis under separate Law Firm Engagement Letter. Tom Adams, Deputy City Manager, and Lee Ann Dumbauld, City Manager, gave comments and answered questions from Council. 329 Regular City Council Meeting March 23, 2006 Page 330 Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2006-RO151 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.8. Code of Ordinances Ordinance 1st Reading - Health: Ordinance No. 2006-00037 amending Chapter 12 of the Code of Ordinances with regard to definitions related to public swimming pools and spas, adoption of standards for public swimming pools and spas, issuance of permits and fees for public swimming pools and spas, plans and specifications for public swimming pools and spas, providing a savings clause, providing a penalty, and providing for publication. ORDINANCE NO.2006-00037 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEFINITIONS RELATED TO PUBLIC SWIMMING POOLS AND SPAS; ADOPTION OF STANDARDS FOR PUBLIC SWIMMING POOLS AND SPAS; ISSUANCE OF PERMITS AND FEES FOR PUBLIC SWIMMING POOLS AND SPAS; PLANS AND SPECIFICATIONS FOR PUBLIC SWIMMING POOLS AND SPAS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. The City of Lubbock permits approximately 300 public and semi-public swimming pools and spas annually. They are inspected for health and safety issues according to the Texas Rules for Swimming Pools and Spas, adopted into City Ordinance in 2001. In 2004 and 2005, the Texas Department of State Health Services updated the Swimming Pool and Spa Rules. The City of Lubbock submits the updated Rules with minor changes so that consistency may be maintained between regulatory agencies. These rules address minimum standards for design and construction of pools and spas including minimum operating standards to ensure proper filtration, chemical content, general maintenance of water, and safety to users. The most significant change to the rules involves suction outlets and return inlets designed to protect against a suction entrapment, evisceration, or hair entrapment/entanglement hazard by requiring approved suction outlet covers and grates, upgrades to suction outlet systems, anti -vacuum systems or safety vacuum release systems, and closure of those pools with defective suction outlet systems. Other changes to the rules include a requirement that all new pools and spas must have properly stamped and engineered plans from a professional engineer or registered architect showing that the pool or spa is designed and built in compliance with federal, state, and local regulatory requirements. This will help ensure that all pools and spas are properly constructed before use. The City of Lubbock Board of Health has approved the updates to the ordinance and the Lubbock Apartment Association has already implemented the rules. Section 1 of the ordinance provides for definitions. Section 2 of the ordinance adopts standards for public swimming pools and spas. Section 3 discusses permits and fees. Section 4 specifies that all pools and spas must have properly stamped engineered plans from a registered professional engine or registered architect showing that the pool or spa is designed and built in compliance with standards. Section 5 discusses punishable fines. Section 6 provides for continuance of the remainder of the ordinance if any section is declared invalid for any reason and Section 7 allows for publication. FISCAL IMPACT Recommended changes are only technical in nature and have no anticipated fiscal impact. The Lubbock Health Board and Health Department staff recommended approval. 330 Regular City Council Meeting March 23, 2006 Page 331 Motion was made by Council Member DeLeon, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00037 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.9. Code of Ordinances Ordinance 1st Reading - Street Drainage Engineering: Ordinance No. 2006-00038 amending Chapter 24 of the Code of Ordinances Section 24-86, revising curb ramp, roll curb, and various other design and construction changes on sidewalks, curbs, driveways, and curb ramps. ORDINANCE NO.2006-00038 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DESIGN, LAYOUT AND PLANS OF SIDEWALKS, CURBS, DRIVEWAYS, CURB RAMPS, STREET CURBS AND GUTTERS PROVIDING A MISDEMEANOR PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Section 24-86 of the Code of Ordinances relates to the design, layout and plans for the construction, reconstruction, alteration, or replacement of sidewalks, curbs, driveways, curb ramps, street curbs, and gutters. Chapter 24 of the Code of Ordinances is titled "Street and Sidewalk". Section 24-86 refers to a number of design detail sheets that detail the specific design of the above listed improvements. The revision to this Section will change and update these detail sheets. There were a number of minor revisions to lengths, widths, thickness, etc. to the design details. The major changes include: 1. Curb ramps: Changing to four -foot wide ramp and landing widths, as well as requiring concrete pavers with red truncated dome surfaces on the ramp area. 2. Roll Curb: A detailed design section for roll curb was added to the curb and gutter plate. FISCAL IMPACT Under current policy, the builder is responsible for the installation of curb ramps. The requirement to use truncated domes will increase initial construction cost to the builder but will reduce the long-term cost of maintenance and will satisfy requirements of the Americans with Disabilities Act. The developer is currently responsible for the installation of the curb. It is anticipated that the change in policy will reduce the required amount of concrete and, as a result, will reduce the cost of construction. Motion was made by Mayor Pro Tem. Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00038 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.10. Paving Policy Resolution - Street Drainage Engineering: Resolution No. 2006-RO152 revising the City of Lubbock Paving Policy to allow the use of roll curbs on certain streets and to require the use of concrete for paving thoroughfare streets. RESOLUTION NO.2006-RO152 A RESOLUTION DEFINING THE PAVING POLICY OF THE CITY OF LUBBOCK WITH REGARD TO ALL PAVING ON ALL STREETS, AVENUES, AND/OR ALLEYS WITHIN OR ALONG THE CITY LIMITS AND ESTABLISHING STANDARDS FOR THE CITY'S PARTICIPATION, IF ANY, FOR THE VARIOUS METHODS OF PAVING STREETS. WHEREAS, the City Council of the City of Lubbock finds that due to changed conditions it is necessary and advisable to revise the paving policy of the City of Lubbock as heretofore established by Resolution dated the 28th day of August, 2003, and; 331 Regular City Council Meeting March 23, 2006 Page 332 WHEREAS, this policy is intended to supplement current state laws, City Charter provisions and City ordinances on the same topic; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. GENERAL All paving improvements are to be constructed in accordance with the city's standard plans and specifications under the supervision of the City Engineer and the distribution of the costs for these paving improvements shall be in accordance with the following policy. II. PROPERTY OWNER PARTICIPATION IN PAVING STREETS A. The typical method of funding and installing improvements on any unpaved street or alley shall be one of those later described in this policy. The abutting property owners will benefit the most from these paving improvements and should be willing to participate in a part or all of the cost. Through the history of the City, abutting property owners have participated in the cost of practically all of the City streets which have been paved. B. Should the abutting property owners of any unpaved street desire street paving, they should determine which of the methods later described best fits their situation and initiate appropriate action. C. Although some streets have been paved with Community Development Block Grant funds since the mid — 1970's, this option is only possible on streets within a Community Development Block target area and only if that funding is available. III. TYPICAL DESIGN STANDARDS Curb & Gutter — 24" C&G section with 6" vertical face, barrier type curb. A roll curb (mountable curb) may be allowed on certain residential streets, depending on traffic and drainage considerations. Concrete alley returns are required at the intersection of alleys and streets. Concrete valley gutters, for surface drainage, may be required at street intersections. T-1 & T-2 Thoroughfare Streets - 8" continuously reinforced concrete paving (unless a site specific design is approved to vary from this minimum standard design — a 9" asphaltic stabilized base (ASB) with 1- 1 /2" asphaltic concrete (AC) surface may be allowed under special conditions, if approved by the City Council). Industrial & Collector Streets — Minimum standard design of 6 inch flexible base (caliche) and 1-1/2" AC surface. However, if the proposed development is determined to generate significant truck traffic, an additional 3" ASB may be required. Residential Streets — Minimum standard design of 6" flexible base (caliche) and 1-1/2" AC Surface. Alley Paving — Minimum of 10 feet width of concrete paving having an inverted crown with 5" depth in the center and 7-1/2" depth on the edges. Exceptions to Design Standards — Should soil, traffic or drainage conditions exist which make the above minimum standards inappropriate, an alternate design may be required to allow the expected normal service life of the proposed paving improvements. IV. ASSESSMENT PAVING IMPROVEMENTS A. General Discussion The City Council has determined, as a standard practice, that assessment paving programs will not be utilized for the paving of unpaved streets or alleys within the City of Lubbock. This standard practice has been established due to the provision in State 332 Regular City Council Meeting March 23, 2006 Page 333 Law (Section 313.048 of the Texas Transportation Code) which mandates an assessment may not exceed the enhanced value to the abutting property being assessed for the paving improvements. In recent history, the enhanced value of abutting properties, due to paving improvements, has not approached the actual costs of paving construction. Since the City Council believes the primary benefit of paving improvements are to the abutting properties and the owners of these properties, then these owners should be paying the cost of these paving improvements. Exceptions to this standard practice: (1) Thoroughfare or collector street paving projects initiated by the City for the improvement of the City's surface transportation needs will continue the assessment paving process, unless otherwise directed by the City Council on that specific project. (2) Other street or alley paving improvement projects initiated by the City as a result of traffic, drainage or maintenance needs may be placed on an assessment paving program, as directed by the City Council. For those instances that the City Council authorizes an assessment paving program, the following paragraphs B through K shall apply: B. This Section shall establish procedures utilized by City staff in calculating the rates for assessment paving for street or alley improvements and other policy issues related to assessment paving. However, Chapter 313 of the Texas Transportation Code may dictate, or the City Council may choose an assessment amount that differs from those rates calculated. C. The entire cost of the concrete curb and gutter parallel to and abutting the property and of the same length as the property it abuts shall be assessed against the abutting property and the owners thereof, such concrete curb and gutter to be referred to hereinafter as "property owner curb." D. Ninety percent (90%) of the entire street paving cost, exclusive of the "property owner curb", will be assessed against all abutting property and the owners thereof with the exceptions shown in paragraphs E and F below. E. The maximum assessment against an R-1 or R-2 residential zoned and utilized property will be the costs associated with the paving of half of a 36 foot wide street (16.5 feet width of asphalt paving). The maximum assessment against a property that is zoned other than R-1 or R-2 or residential zoned property which is being used for other than residential purposes will be the costs associated with the paving of half of a 58 foot wide street (27.5 feet width of asphalt paving). Property that has zoning limited to church or church related use will be treated as R-1 or R-2 residential zoned property. F. The ninety percent (90%) rate in paragraph D above is known as the "front" rate. The "front" abutting property, for assessment purposes, is that footage along the shorter side of a lot. The "side" abutting property is the footage along the longer side of a lot. If "side" abutting property is zoned for R-1 or R-2 residential purposes, and if occupied, is occupied for these residential purposes, an assessment of sixty percent (60%) of the entire paving cost, exclusive of the "property owner curb" will be assessed against the "side" abutting property and the owners thereof. There will not be a "side" rate for non-residential properties. 333 Regular City Council Meeting March 23, 2006 Page 334 G. Alley paving assessments will be based on the ninety percent (90%) rate. H. The method to be used on a paving project to determine the "front and side foot rates" and property assessments as set forth above is as follows: 1. All streets of identical width are to be grouped together into a single Unit, and each individual street in the Unit shall be designated as a Sub -unit of their particular Unit. 2. The "total project cost" of a Unit includes the total cost of the various items of work contributed from all Sub -units of the Unit as bid plus six percent (6%) of said contract cost for engineering. 3. From the "total project cost" the "property owner curb" will be deducted at the rate established by the contractor's bid price per linear foot for concrete curb and gutter and/or concrete gutter plus six percent (6%) engineering. ("Property owner curb" does not include that curb and/or gutter along side and across alley returns nor all of the curb radii). If there is a railway crossing in the Unit, the charges assessable directly to the railway company at bid prices plus six percent (6%) will also be deducted. 4. The amount after making the above deductions will be termed the "cost excluding property owner curb costs and railroad crossing costs" referred to herein as amount "A". 5. The "front foot rate" is amount "A" less 10% amount "A" divided by the total footage of all property abutting all Sub- units making up the entire Unit. This is the ninety percent (90%) rate described in Paragraph E. 6. The "side foot rate" is 2/3 of the above rate. This is the sixty percent (60%) rate described in paragraph F. 7. Part of the total cost to be assessed against each parcel of property abutting the improvements in each Unit will be determined by multiplying the abutting footage of each parcel of property by either of the above rates or by a combination of the above rates, whichever is applicable. This cost will be referred to herein as the "property owner paving cost." 8. The total cost to be assessed against each parcel of property abutting the improvements in each Unit is the sum of the "property owner paving cost" and the "property owner curb cost". I. An exception to the calculation of the assessment rates previously described in paragraphs C,D,E,F,G and H will be granted for residential property located in lower income areas of the City as identified by the general Community Development Block Grant (CDBG) target areas. In these target areas, the front residential rate will be calculated at 30% of the typical calculated total front rate (total of curb and gutter rate plus paving rate). The side residential rate in the target areas will be calculated at 60% of this reduced rate, or 18% of the typical total front rate. The assessment rate for alley paving in the CDBG target areas will be calculated as 30% of the total cost of the improvements for residential (R-1 and R-2 zoned) property. J. As prescribed by State Law, the City Council shall provide the time, terms, and conditions of payment and defaults of assessments, and prescribe the rate of interest which shall not exceed the greater of eight (8) per cent per annum or the rate 334 Regular City Council Meeting March 23, 2006 Page 335 payable by the City of Lubbock on its most recently issued general obligation bonds. The standard interest rate for assessments shall be one (1) per cent over Wall Street Prime Rate at the time of the assessment public hearing, not to exceed the limitations stated above. Payment for paving assessments is due within twenty (20) days following completion and acceptance of the paving improvements with no interest due. However, a standard method of payment of paving assessments has been established allowing five (5) payments, over four (4) years, with the first payment being due within twenty (20) days of acceptance of the paving improvements. Interest is accrued at the rate established at the assessment public hearing as described above. K. Owners of unplatted property may elect to delay payment of their assessment until such time as their property is platted. No interest will accrue on this delayed payment on the paving assessment. However, as a condition of the platting of that subject property, the assessment shall be paid in the full amount due. A lien, in the amount of the paving assessment due, shall be filed against the subject property following passage of the paving assessment ordinance, and such lien shall not be released until such time as the paving assessment is paid. V. RESOLUTION PAVING IMPROVEMENTS A. In those instances on existing unpaved streets where all owners agree to pay their share of the paving costs, or one or more owners agree to pay all the property owners share of the paving costs, then those owners may request that the City participate in the cost of the paving improvements, exclusive of the "property owner curb", equivalent to the City participation in assessment paving. This will require approval of a resolution by the City Council. B. The owner/owners will pay all the costs for "property owner curb". The owner/owners paving rates will be calculated as shown in paragraph IV.H. C. The owner/owners will contract separately with a paving contractor of their own choice, however, City participation will not exceed amounts calculated using current bid prices received on other paving projects. D. City staff will perform materials testing and construction inspection of these paving improvements as is done on all paving projects. The City's share of the paving cost will be paid directly to the contractor upon completion of construction and formal acceptance of the paving improvements by the City Council. E. However, resolution paving will not be an allowed alternative if the City's participation exceeds $14,999. VI. SUBDIVISION PAVING IMPROVEMENTS A. Street and/or alley paving improvements required at the time of final platting of subdivisions (Chapter 25 of the Lubbock Code of Ordinances) shall be furnished by the developer, with the exception of City participation in the cost of extra width paving described in the following paragraphs. B. On streets requiring extra width, as shown on the Master Thoroughfare Plan, the City will pay for the entire cost of paving streets that exceed 36 feet in width if the abutting property is zoned for R-1 or R-2 residential use. The City will participate in the cost of paving streets that exceed 58 feet in width if the abutting property is zoned for other than R-1 or R-2 residential use. Property that has zoning limited to church or church related use will be treated as R-1 or R-2 residential zoned property. 335 Regular City Council Meeting March 23, 2006 Page 336 C. Other than thoroughfare or collector streets, half width streets shall only be allowed where essential to the reasonable development of the subdivision. As a standard, other than thoroughfare or collector streets, boundary streets in subdivisions shall be dedicated and paved full width. D. Half width paving of any collector or other boundary street in the subdivision will require approval of the City Engineer upon consideration of drainage issues. A working easement will be required from the adjacent property owner for the installation of the half width paving. The developer will install paving two feet beyond the center line of the street for any half width paving constructed. E. The developer will be required to deposit with the City the estimated cost to construct any paving improvements not constructed at the time of platting. As a standard, the curb and gutter will be constructed at the time of platting and the developer will prepay the cost of the installation of the surface, base and subgrade portion of the street improvements. Details of thoroughfare paving adjacent to new subdivisions are described in Section VIII of this resolution. F. The City Engineer's estimate of the money to be deposited by the developer in escrow for paving that cannot be constructed shall be based on the current bid prices for the most recent comparable project competitively bid by the City. No adjustment shall be made either to the City or to the subdivider in a case of variation between the actual successful bid prices received at the time of the award of the contract and the estimated prices used determining the amount of the escrow. Similarly, no adjustment shall be made either to the City or to the subdivider in the case of variations between the actual quantities of improvements constructed and the estimated quantities of improvements to be constructed. The City's budget fund can be credited or charged with any difference between the estimated and actual cost at the time of the acceptance of the actual improvements. No monetary adjustment shall be made to the subdivider. The escrow money shall be kept in special account by the City Treasurer and shall not be released to the City's General Fund until the improvements have been completed and accepted by the City Council. G. The developers amount to be placed in the escrow account will be based on unit prices for 8" depth continuously reinforced concrete paving, including subgrade preparation for T-1 and T-2 designated thoroughfares; and 6" depth flexible base (caliche) and 1-1 /2" A.C. surface paving, including subgrade preparation, for all other types of streets. The unit prices of the most recently awarded contract will be used to determine the developers escrow amount. VII. STREET & ALLEY USE PERMIT PAVING A. A person or persons may pave a street or alley in the City through the issuance of a street or alley use permit in accordance with Chapter 24 of the Code of Ordinances. B. The proponent will hire a contractor to construct the paving improvements. The proponent or contractor will apply for the permit in the office of the City Engineer. C. The total cost of constructing the improvements will be paid by the proponent to the contractor. There will not be a fee charged by the City for the permit. However, the proponent will be charged a fee for City services involved in engineering, and/or testing and inspection as described in Chapter 24 of the Code of Ordinances. 336 Regular City Council Meeting March 23, 2006 Page 337 VIII. THOROUGHFARE STREETS A. In new subdivisions, the developer will be responsible for the cost of the curb and gutter and 16.5 feet of width of the thoroughfare or collector paving if adjacent to R-1 or R-2 residential zoned property and up to 27.5 feet of width of the thoroughfare or collector paving if adjacent to other than R-1 or R-2 zoned property. Property that has zoning limited to church or church related use will be treated as R-1 or R-2 residential zoned property. B. The City Council may appropriate funding for the City's share of thoroughfare paving costs upon determination that the -- thoroughfare paving improvements are needed. As a guide, the City Council may consider the following methods (in priority order) of securing funding needed for a specific thoroughfare paving project. These methods are: 1. Certificate of Obligation Bonds -Upon request of staff, developer, or property owner, the City Council may evaluate thoroughfare paving needs on a case -by -case basis to determine the urgency of issuing C.O. Bonds. 2 Street -Capital Project Funds -The City Council may choose to use unreserved funds or reallocate funds designated for another project within the Street Capital Projects Fund if deemed necessary. 3 The City Council may call a street improvement bond election. ADDITIONAL NOTES: 1. The City staff will continually pursue alternative federal and state funding sources, such as the Intermodal Surface Transportation Efficiency Act (ISTEA), TEA 21, or SAFETEA-LU, to finance the partial or total cost of thoroughfare paving projects. Any prepaid paving monies deposited by developers for these thoroughfares will be used for the City's participation in the cost of these projects. Assessment programs may be initiated for adjacent properties share of the cost on those properties that prepaid monies have not been deposited. 2. An assessment program may be initiated for thoroughfare paving and considered by the City Council upon request by staff, developers, individual Council members, etc. 3. The City Council will make final determination of whether or not to pave a thoroughfare based on the public necessity for the project. C. The developer will install the curb and gutter on the thoroughfare at the time of platting and will deposit his/her share of the cost of street paving in the City's prepaid paving escrow account. However, the thoroughfare can be constructed by the developer at the time of platting if the following conditions exist: l . The City's participation in the cost of the thoroughfare does not exceed 30% of the contract amount and the unit prices in the contract are comparable with current bid prices on City contracts. 2. The City Council has appropriated funds for the City's share of the cost. Prepaid funds from other developers placed with the City for this length of the thoroughfare will be available for the City's portion of the cost. 3. That full width paving is constructed for a minimum of 1,000 linear feet of thoroughfare. 337 Regular City Council Meeting March 23, 2006 Page 338 4. Either all of the adjacent properties for this length of thoroughfare shall have been developed with their paving prepaid or the developer shall reach agreements with the owners of the undeveloped properties for them to pay their share of the curb and gutter and street paving cost to the contractor at the time of construction. D. If the City cost, including prepaid funds for a requested length of a thoroughfare, exceeds 30% of the total cost, the City would then be required to bid and contract the paving improvements. In this case, the following criteria shall be required: 1. If the total abutting properties have been developed or if the owners of abutting undeveloped properties are in agreement to pay their share of the thoroughfare cost, then: a. The proponent shall make a formal request of the City Council to dedicate available funds for the City's participation in the desired thoroughfare paving. b. At a minimum, 1,000 linear feet of full width thoroughfare paving will be considered. 2. If the adjacent properties have not been totally developed, but at least 50% developed, and agreements for owners of those undeveloped properties to pay their share of the paving costs cannot be reached, then: a. The proponent shall make a formal request of the City Council to initiate an assessment paving program for the thoroughfare paving if funding is available for the City's participation in the cost. b. At a minimum, a half -mile of full width thoroughfare paving will be considered unless reasonable limits of terminating the project less than one-half mile exist for this thoroughfare. IX. STRIP PAVING A. Strip paving is not considered standard, permanent paving, but only a temporary paving measure until full width paving with curb and gutter can be constructed. B. As a standard, strip paving will not be considered except for thoroughfare streets. All strip paving will require City Council approval. C. The City Council may initiate strip paving of an unpaved thoroughfare street if needed for access or traffic concerns if adequate funding exists. D. A developer, with City Council approval, may construct strip paving on an unpaved thoroughfare to provide paved access to his/her development or adjacent to their subdivision with the following considerations: 1. The developer can request the City Council fund the thoroughfare strip paving construction from the limits of his/her subdivision to the location of the nearest existing thoroughfare paving. However, should the funding not be approved by the City Council, the developer may construct the thoroughfare strip paving at his/her cost but no future compensation to the developer will be due from the City for the construction of this temporary paving. 2. The developer, immediately adjacent to the proposed subdivision, will either construct the full width thoroughfare paving (in accordance with paragraphs VIII-B 338 Regular City Council Meeting March 23, 2006 Page 339 or VIII-C) or construct temporary strip paving. Strip paving cost adjacent to a subdivision at the time of platting shall be borne by the developer with no compensation due to the developer from the City at the time of construction or any time in the future. The developer, if strip paving is constructed, will still be responsible for the construction of curb and gutter at the time of platting, and prepaying his/her thoroughfare paving cost for the future full width paving. E. Any strip paving approved by the City Council will be constructed by the developer for thoroughfares through the Subdivision paving method or by Street Use Permits. Assessment Paving and Resolution Paving methods which involve City participation in the cost of the improvements is intended for permanent full width paving, not temporary paving. F. The minimum design standard for strip paving a non -thoroughfare street unless otherwise approved by the City Council, will include a 24 foot wide paved strip with a 2 foot wide caliche base shoulder on each side. A minimum depth of twelve inches of subgrade preparation, a six inch depth of compacted caliche base and a one and one-half inch depth of asphaltic concrete surface will be required for this type strip paving. The details and materials of construction will conform to current residential street paving specifications and City ordinances. G. The minimum design standard for strip paving a thoroughfare designated street, unless otherwise approved by the City Council, will include a 24 foot wide paved strip with a 2 foot wide caliche base shoulder on each side. A minimum depth of twelve inches of suograde preparation, a six inch depth of compacted caliche base and a one and one-half inch asphaltic concrete surface will be required. The details and materials of construction will conform to current residential street paving specifications and City ordinances. H. Should the City or a developer construct temporary strip paving along a designated thoroughfare street, the City or developer will construct temporary asphalt paving from existing paved streets or paved alleys to the edge of the new strip paving. The City will maintain these temporary paved tie-ins in the future thoroughfare paving area. The construction and maintenance of any temporary paving tie-ins (connecting driveways) from private driveways to the strip paving will be the responsibility of that abutting property owner. Any new development that occurs after the thoroughfare strip paving has been constructed will be responsible for the construction and maintenance of their temporary paved connecting driveway tie-ins from the curb or their property to the edge of the strip paving. These temporary tie-ins will be required through the building permit of this new development. I. The City will not construct or maintain any connecting driveways from the property to the edge of the strip paving on any non - thoroughfare streets. The abutting property owner will be responsible for the construction and maintenance of these connecting driveways. The abutting property owners authority to construct these driveways will be through a building permit. J. Approval of a connecting driveway to strip paving shall conform to one of the following criteria: l . The elevation of the driveways shall follow the grade of the ditch, except that the lowest elevation of the driveway may be a maximum of two inches higher than the flowline of the ditch. 339 Regular City Council Meeting March 23, 2006 Page 340 2. If the ditch has sufficient depth, the owner may use an approved circular or arch pipe culvert under his/her driveway. The pipe will have a minimum diameter of 24 inches if circular. If an arch pipe is used, the equivalent minimum diameter shall be 24 inches. The property owner will be responsible for furnishing and installing any pipe culverts for non-residential properties. The property owner will be responsible for furnishing the pipe for residential driveways but may request the City's Street Department perform the installation. The City's Street Department will approve the grade of all pipe culverts. X. ACCEPTANCE OF PRIVATE STREETS AS PUBLIC STREETS A. This section relates to the dedication of an existing paved or otherwise improved private street or drive as a public street. These private streets would typically be included in a subdivision plat designating these drives or streets as private. B Acceptance of private streets as public will require City Council approval. C. Consideration of this dedication of a private street will be based on meeting the City's standard design criteria for that type of street. If the street does not meet standard right-of-way width requirements, paving width standard requirements, typical curb and gutter design requirements, or the pavement surface or base depth standard requirements, the proponent, in their dedication request to the City Council, will outline the measures they intend to take in providing that their street will meet minimum design standards. Any such measures, such as reconstruction, widening, overlays, or replacements shall be performed prior to the official acceptance of this private street as a public street. D. Should dedication of a private street in poor condition be requested, certain rehabilitation and maintenance measures shall be required prior to acceptance of that street. Failures shall be repaired, and an overlay or one course or two course seal coat may be required, depending on the condition of the pavement surface, prior to dedication. E. All costs necessary to provide that the private street meet minimum standards necessary for dedication as a public street will be paid by the proponents of this request prior to acceptance of the dedication. XI. POLICY A. This policy is intended to be in conformance with State Laws, the City Charter, and City Ordinances on this subject of paving streets and alleys within the City of Lubbock and will be utilized and construed in accordance therewith. However, in case of conflict, State Law and/or the City Charter and City Ordinances shall take precedence over this Resolution. 340 Regular City Council Meeting March 23, 2006 Page 341 Passed by the City Council this 23rd 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 Knight John Knight, Assistant City Attorney This resolution replaces the previous paving policy resolution dated August 28, 2003. The two primary revisions to the City of Lubbock paving policy include: (1) Reference is made to roll or mountable curbs in Section III — Typical Design Standards. During a City Council Work Session on April 14, 2005, City Council discussed a request by a local developer to allow roll curbs. The request was granted subject to adherence to additional engineering requirements and methods. With this new Paving Policy, roll curbs may be allowed on certain residential streets depending on traffic and drainage considerations. (2) Continuously reinforced eight -inch thick concrete streets are now defined as the standard design for T-1 and T-2 designated thoroughfare streets. This change is based on several Work Session and briefing discussions with the City Council. Changes were made in Sections III. and VI.G. of the policy to indicate concrete paving as the standard design for thoroughfare streets. These proposed changes were discussed with the developers at the developer council meetings of the West Texas Homebuilders Association. They were very supportive of the change allowing roll curbs in the policy. They seemed understanding of the reasons for having concrete paved thoroughfares and did not indicate opposition to this design change at their meeting. FISCAL IMPACT There are no immediate up front costs associated with adoption of this paving policy. However, the City's initial thoroughfare paving cost will be greater with concrete paving than asphalt paving with nine -inch asphalt stabilized base, currently used as the standard design. The use of concrete is anticipated to reduce long-term maintenance costs. Staff recommended approval. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass Resolution No. 2006-RO152 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.11. Code of Ordinances Ordinance 1st Reading - Building Inspection: Ordinance No. 2006-00039 amending Article I of Chapter 6 of the City of Lubbock Code of Ordinances for the purpose of adjusting commercial building permit fees. 341 Regular City Council Meeting March 23, 2006 Page 342 ORDINANCE NO.2006-00039 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO PERMIT FEES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. At the January 12, 2006 City Council Work Session, staff proposed a strategic improvements plan for the Building Inspection Department and the Fire Marshal's Office involving increased expenditures for additional staffing and resources through FY 2009-10. The plan identified growth induced challenges and various action steps designed to improve public safety, retain and improve the City of Lubbock's rating under the Insurance Services Office Building Code Effectiveness Grading Schedule, and to provide for service level enhancements and efficiency improvements. The multi -year fiscal impact of the expanded programs was also discussed, as well as the status of current revenues generated from fees. With residential fees at maximum levels, Council directed staff to explore options for adjustments to commercial permit fees in order to offset proposed program costs. During the January 26, 2006 City Council Work Session, staff proposed commercial permit fee adjustments that increase new construction permit fees from $0.10 to $0.20 per square foot and increase commercial remodeling fees from $1.50 to $2.25 per $1,000 valuation. Council then directed staff to meet with local commercial contractors concerning the increases prior to placement of the item on a Regular Agenda and authorized the City Manager to begin advertising for positions associated with the program proposals for the current fiscal year. On February 16, 2006 staff met with 11 contractors of the 49 who had been invited to meet and presented the program proposal as well as the proposed fee adjustments. The vast majority of those in attendance did not disagree with either the program proposals or the proposed fee adjustments. Enhancement of these programs will result in increased levels of public safety, improved customer service delivery, and improvement of City of Lubbock scores under the Insurance Services Office's Building Code Effectiveness Grading Schedule. FISCAL IMPACT Mid -year program implementation is anticipated to cost $175,051, while the mid -year fee adjustment is anticipated to generate an additional $180,938. Combined operating budgets will be approximately $2.8 million in FY 2006-07, increasing to approximately $3.9 million by FY 2009-10, including a 3.15% annual inflation factor. Construction driven revenue growth, based on historical data, is conservatively estimated at 11 % overall and 30% for the commercial sector. With no further fee adjustments, revenues are estimated to be sufficient to cover the cost of these programs through FY 2009-10, while also reducing the annual shortfall presently absorbed by the General Fund. The fee structure and operating budgets will be reviewed annually during the budget development process to ensure program goals are being met and the fees are generating sufficient funding. Staff recommended approval. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2006-00039 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.12. Acceptance Resolution - Finance: Resolution No. 2006-RO153 accepting the City of Lubbock Comprehensive Annual Financial Report, the Single Audit Report, the State Award Audit, and the Management Letter for FY 2004-05. 342 Regular City Council Meeting March 23, 2006 Page 343 RESOLUTION NO.2006-RO153 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby accepts the Comprehensive Annual Financial Report for the fiscal year that ended September 30, 2005. Passed by the City Council this 23rd day of March, 2006. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Jeff Yates Jeff Yates Chief Financial Officer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Comprehensive Annual Financial Report is filed with Resolution No. 2006-R0153. Each year, the Accounting Department prepares a Comprehensive Annual Financial Report (CAFR) that is designed to provide the City Council, citizens, representatives of financial institutions, and others with detailed information concerning the financial condition and performance of the City of Lubbock. As a significant component of the preparation of the CARF, an independent audit firm of certified public accountants performs an audit of the City's general-purpose financial statements and notes. Kevin Kemp, partner of BKD, LLP will present the Audit opinion to the City Council and address any questions the City Council members have about the audit or audit opinion. Staff recommended approval of this resolution. Mike Epps, Audit Committee Chairman and Executive Vice President of American State Bank; Kevin Kemp, partner of BKD, LLP; Lee Ann Dumbauld, City Manager; and, Anita Burgess, City Attorney, gave comments and answered questions from Council. Council Member Boren requested the following corrections to the CAFR: 1) add Rebecca Garza, City Secretary, to the list of appointed officials, and 2) to add into the MD&A under Development Initiatives, the Central Lubbock Master Plan. Motion was made by Council Member Price, seconded by Mayor Pro Tern Martin to pass Resolution No. 2006-RO153 as amended. Motion carried: 7 Ayes, 0 Nays. 6.13. Authorization Resolution - Finance: Resolution No. 2006-RO154 authorizing publication of notices of intention to issue General Obligation Bonds and Tax and Waterworks System Surplus Revenue Certificates of Obligation. 343 Regular City Council Meeting March 23, 2006 Page 344 RESOLUTION NO.2006-RO154 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICES OF INTENTION TO ISSUE GENERAL OBLIGATION BONDS AND TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION WHEREAS, THE City of Lubbock, Texas (the "City"), pursuant to Subchapter C, Chapter 271, Texas Local Government Code, as amended, is authorized to issue its certificates of obligation (the "Certificates") for the purpose of paying contractual obligations to be incurred for the purposes set forth in Exhibit A hereto; WHEREAS, the City Council of the City has found and determined that a notice — of intention to issue certificates of obligation should be published in accordance with the requirements of applicable law; WHEREAS, the City desires to reimburse itself for the costs associated with the projects listed on Exhibit A hereto (the "Certificate Projects") from the proceeds of the Certificates to be issued subsequent to the date hereof, WHEREAS, in addition to the Certificates, the City intends to issue its general obligation bonds (the "Bonds") for the purposes of (i) constructing street improvements including drainage, curbs, gutters, landscaping, sidewalks, curb ramps, utility line relocation and traffic signalization and the acquisition of land and rights -of -way therefore and (ii) acquiring and improving land for park purposes (collectively with item (i), the "Bond Projects"); WHEREAS, the City desires to reimburse itself for the costs associated with the Bond Projects from the proceeds of the Bonds issued subsequent to the date hereof; and WHEREAS, the City Council has found and determined that a notice of intention to issue general obligation bonds should be published in accordance with the provisions of the City Charter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: Section 1. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. The City Secretary of the City is hereby authorized and directed to issue a notice of intention to issue the Certificates in substantially the form set forth in Exhibit A hereto incorporated herein by reference for all purposes. The notice as set forth in Exhibit A shall be published once a week for two consecutive weeks, the date of the first publication being not less than the fourteenth (14th) day prior to the date set forth in the notice for passage of the ordinance authorizing the Certificates. Such notice shall be published in a newspaper of general circulation in the area of the City of Lubbock, Texas. Section 3. The City Secretary of the city is hereby authorized and directed to issue a notice of intention to sell general obligation bonds in substantially the form set forth in Exhibit B hereto incorporated herein by reference for all purposes. The notice as set forth in Exhibit B shall be published once a week for a period of thirty (30) days prior to the date set forth in the notice for passage of the ordinance authorizing the Bonds. Such notice shall be published in a newspaper of general circulation in the area of the City of Lubbock, Texas. Section 4. The City reasonably expects to reimburse itself for all costs that have been or will be paid subsequent to the date that is 60 days prior to the date hereof and (i) that are to be paid in connection with the Certificate Projects, from proceeds of the Certificates and (ii) that are to be paid in connection with the Bond Projects, from — proceeds of the Bonds. Section 5. The City reasonably expects that the maximum principal amount of the Certificates issued to reimburse the City for the costs associated with the Certificate Projects will not exceed $85,000,000 and the maximum principal amount of the bonds issued to reimburse the City for the costs associated with the Bond Projects will not exceed $3,500,000. 344 Regular City Council Meeting March 23, 2006 Page 345 Section 6. This resolution nshall take effect from and after the date of its passage FINALLY PASSES, APPROVED AND EFFECTIVE this 23rd day of March, 2006. CITY OF LUBBOCK, TEXAS /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary A copy of the Exhibit "A" and Exhibit `B" is filed with Resolution No. 2006-RO154. The purpose of this resolution is to publish a notice of intent to issue the certificates, and to publish a notice of sale for the general obligation bonds. The resolution also incorporates language to allow the reimbursement of bond -funded construction costs that are incurred prior to the issuance of the bonds and certificates. Exhibit A provides a listing of projects that are expected to be financed with the certificates and bonds. Certificates of Obligation: The proceeds from the sale of the Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2006 will be used for improvements in the following areas: Airport, Solid Waste, Storm Water, Wastewater, Water, City Facilities, Parks, Streets, Gateway Streets, North Overton Tax Increment Finance District, Lubbock Power & Light and the City Cemetery. Tile total amount of the projects financed with the certificates is not to exceed $85 million. The projects scheduled to be funded are included in Schedule 1. General Obligation Bonds: The issuance of the General Obligation Bonds represents the third issuance of debt as approved in an election held on May 15, 2004. The amount of bonds approved in the election was $30,000,000. The issuance of this debt is not expected to increase the debt tax rate. The total of projects financed with these bonds is not to exceed $3.5 million. The projects scheduled to be funded are included in Schedule 2. Reimbursement of Preliminary Expenditures: For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. Therefore, this resolution will also authorize the reimbursement of previously expended funds from the bond proceeds. FISCAL IMPACT Annual debt service payments will be budgeted through the annual operating budget process and are included in long-term financial planning and rate models. To proceed with the debt issuance process, city management recommended the approval of this resolution. Jeff Yates, Chief Financial Officer; Larry Hertel, City Engineer; and, Vince Vialle, City of Lubbock's financial advisor from First Southwest Corporation, gave comments and answered questions from Council. MR Regular City Council Meeting March 23, 2006 Page 346 Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2006-RO154 as recommended by staff. Motion carried: 5 Ayes, 0 Nays. Mayor McDougal recused himself. Council Member Price was away from the dais. 6.14. Budget Ordinance 1st Reading - Finance: Ordinance No. 2006-00040 amendment #14 amending the FY 2005-06 budget respecting the Capital Improvement Program, Master Lease Program, General Fund, and Solid Waste Fund. ORDINANCE NO. 2006-00040 AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL PURPOSES RESPECTING THE (1) CAPITAL IMPROVEMENT PROGRAM; (2) MASTER LEASE PROGRAM; (3) GENERAL FUND; AND (4) SOLID WASTE FUND. (AMENDMENT #14) Amend Capital Improvement projects in the Airport, Storm Water, Wastewater, Water, Parks, Streets, and North Overton Tax Increment Finance Reinvestment Zone by appropriating an additional $2,545,777 of Certificates of Obligation. An itemized listing of projects with amended amounts is included in Exhibit A. Close Capital Improvement Projects #90295 — Station #12 Dormitory and #91023 — Fire Academy Field Development and to establish a new Capital Improvement Project and appropriate $31,566 of unallocated Tax & Waterworks System Certificates of Obligation, Series 1995 and to transfer the remaining $78,434 from the aforementioned projects for new fire station land acquisition. The total budget for land acquisition will be $110,000. Appropriate $6,210,000 of Master Lease Program proceeds for the acquisition of equipment and vehicles approved as part of the FY 2004-05 and FY 2005-06 Master Lease Program. The net result of this budget amendment is $0, yet provides the budget authorization for the inflow and outflow of funds related to the purchase and reimbursement of Master Lease funds. Appropriate additional revenue of $180,643 from increased building inspections fees and to authorize four additional full-time positions in the General Fund, for the addition of two building inspectors, a Fire Equipment Operator, and a Fire Protection Engineer. These additional positions will provide upgraded building inspection services to the local builders and are fully funded through the previously adopted fee increases. Appropriate $48,500 from the Solid Waste Fund balance and authorize an additional full-time position in the Solid Waste Fund for the addition of a Code Enforcement Inspector to enforce the City's illegal dumping codes. This position will report to the Code Enforcement Manager. Staff recommended approval. Motion was made by Council Member DeLeon, seconded by Council Member Jones to pass on first reading Ordinance No. 2006-00040 as recommended by staff. Motion carried: 5 Ayes, 0 Nays. Mayor McDougal recused himself. Council Member Price was away from the dais. 6.15. Annexation Resolution - Planning: Resolution No. 2006-RO155 to proceed �N-ith the Stonebridge Community annexation located within the area south of the present boundaries of the City of Lubbock in the vicinity of 98th Street and Avenue P. 346 Regular City Council Meeting March 23, 2006 Page 347 RESOLUTION NO. 2006-RO155 WHEREAS, the owner of certain real property within the area south of the present boundaries of the City of Lubbock in the vicinity of 98th Street and Avenue P to be known as "Stonebridge Community" has requested annexation of said property by the City of Lubbock; and WHEREAS, said area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract, which exempts the said area from the necessity to be included in a City of Lubbock annexation plan pursuant to Sec. 43.052(h)(1) of the Local Government Code; and WHEREAS, the City Council of the City of Lubbock determined it to be in the best interest of the citizens of the City of Lubbock to annex said property pursuant to said request; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT, pursuant to Chapter 43 of the Local Government Code, the City of Lubbock hereby agrees to grant the request for annexation of the area delineated on the map attached to the letter requesting annexation, which letter and map are attached hereto as Exhibit A and made a part hereof for all intents and purposes. SECTION 2. THAT the City Planning Department is hereby directed to prepare a service plan as required by Sec. 43.065 of the Local Government Code for the area described on the map attached hereto as Exhibit B. SECTION 3. THAT the City Planning Department and the City Attorney are hereby directed to take all necessary actions to prepare an annexation Ordinance for consideration by the City Council to annex the property described in Exhibit B hereto into the City of Lubbock pursuant to the Subchapter C-1 procedure of Chapter 43 of the Local Government Code. Passed by the City Council this 23rd 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/ Randy Henson Randy Henson, Senior Planner APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Attorney of Counsel A copy of the Exhibit "A" and Exhibit `B" is filed with Resolution No. 2006-RO155. The owner of a parcel south of 98th Street (at 100th Street) and west of Avenue P already approved as a plat (Stonebridge Community) in anticipation of annexation is requesting the area be annexed. To comply with annexation policy of the Comprehensive Land Use Plan, staff is asking the Council to expand the area considered for annexation to include the unoccupied southeast corner (660 feet by 660 feet from the section line) and the northeast corner to be increased up to the 660 foot east dimension (from the current 150 foot) and north to an existing road (715 feet) to create a natural division line. The requested area and the staff initiated additional requested area meet the test of an exemption under State annexation law that would normally require 347 Regular City Council Meeting March 23, 2006 Page 348 Lubbock to have a "rolling annexation plan". The exemption is one that includes land areas that have fewer than 100 lots with 100 homes to be annexed with no formal "Plan". At present, all the land is vacant except the businesses that are in the extended northeast corner, who will remain nonconforming. However, staff is of the opinion that this portion of the community will be developing and the City should have the full ten acre commercial policy area of each of the four corners, as well as the right of way, within the City limits. A color drawing is provided that outlines the area requested by Mr. Betenbough as well as the area requested for inclusion by staff. Staff recommended approval of this resolution. Randy Henson, Senior Planner, gave comments and answered questions from Council. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO155 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Mayor McDougal was away from the dais. 6.16. Annexation Resolution - Planning: Resolution No. 2006-RO156 to proceed with the Shadow Hills Estates annexation located in the vicinity of Erskine Avenue and North Milwaukee Avenue, 2,514 feet north/south and 1,171 feet east/west (west of the area recently annexed for the senior living community). RESOLUTION NO.2006-RO156 WHEREAS, the owner of certain real property within the area north of the present boundaries of the City of Lubbock adjacent to Erskine Street and Milwaukee Avenue to be known as "Shadow Hills Estates" has requested annexation of said property by the City of Lubbock; and WHEREAS, said area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract, which exempts the said area from the necessity to be included in a City of Lubbock annexation plan pursuant to Sec. 43.052(h)(1) of the Local Government Code; and WHEREAS, the City Council of the City of Lubbock determined it to be in the best interest of the citizens of the City of Lubbock to annex said property pursuant to said request; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT, pursuant to Chapter 43 of the Local Government Code, the City of Lubbock hereby agrees to grant the request for annexation of the area delineated on the map attached to the letter requesting annexation, which letter and map are attached hereto as Exhibit A and made a part hereof for all intents and purposes. SECTION 2. THAT the City Planning Department is hereby directed to prepare a service plan as required by Sec. 43.065 of the Local Government Code for the area described on the map attached hereto as Exhibit B. SECTION 3. THAT the City Planning Department and the City Attorney are hereby directed to take all necessary actions to prepare an annexation Ordinance for consideration by the City Council to annex the property described in Exhibit B hereto into the City of Lubbock pursuant to the Subchapter C-1 procedure of Chapter 43 of the Local Government Code. Regular City Council Meeting March 23, 2006 Page 349 Passed by the City Council this 23rd 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/ Randv Henson Randy Henson, Senior Planner APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Attorney of Counsel A copy of the Exhibit "A" and Exhibit `B" is filed with Resolution No. 2006-RO156. The owner of a parcel north of Erskine and west of North Milwaukee already has approved as a plat (Shadow Hills Estates) in anticipation of annexation. To comply with annexation policy of the Comprehensive Land Use Plan, staff is asking the Council to expand the area considered for annexation to include the unoccupied southwest corner (1,171 feet by 660 feet from the section lines) beyond the current 150 foot dimension that currently exists west of Milwaukee and north of Erskine and a short stretch of North Milwaukee to what will be the east right-of-way line (this request is a little longer north and south than the senior living center annexation to the east). The requested area, and the staff initiated additional requested area, meets the test of an exemption under State annexation law that would normally require Lubbock to have a "rolling annexation plan". The exemption is one that allows land areas that have fewer than 100 lots with 100 homes to be annexed. At present, all the land is vacant. Staff is of the opinion that this portion of the community will be developing and the City should have the full 10 acre commercial policy area of each of the four corners, as well as the right of way, within the City limits. A color drawing is provided that outlines the area requested by Mr. Betenbough as well as the area requested for inclusion by staff. Staff recommended approval. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass Resolution No. 2006-RO156 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Mayor McDougal was away from the dais. 11:25 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 349 Regular City Council Meeting March 23, 2006 Page 350 12:10 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tem Martin adjourned the meeting immediately following Executive Session. Read and approved this 26th day of January, 2007. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 350