HomeMy WebLinkAboutMinutes - City Council - Regular - 5/25/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
May 25, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 25th
day of May, 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 David A. Miller; Council Member Linda DeLeon; Council
Member Gary O. Boren; Council Member Phyllis Jones; Council
Member John Leonard; Council Member Jim Gilbreath
Absent: Council Member Floyd Price
1. CITIZEN COMMENTS
1.1. Kenneth Williams and Robert Williams will appear to discuss Police and
Codes Enforcement.
Kenneth Williams addressed Council regarding an issue with his property and
right-of-way trespass. Robert Williams was not present. To get back and
forth to his property, his neighbor has continually destroyed his fence. He
states that he can't get any kind of relief from the police.
Police Chief Claude Jones gave comments and answered questions from
Council. Chief Jones is aware of the situation. Mayor Miller asked Mr.
Williams to meet with Chief Jones to try and resolve his concerns.
1.2. Kevin D. Stone will appear to discuss code and zoning issues.
Kevin D. Stone, owner of Master Tech Automotive, addressed Council
regarding vehicles awaiting repair at his shop that are being tagged by the
Codes department.
Police Chief Claude Jones gave comments and answered questions from
Council. Mr. Stone was asked by Mayor Miller to speak with Chief Jones and
Stuart Walker, Codes Supervisor, to try and resolve the issues.
• William B. Wallace addressed Council regarding Item 6.10 on today's
agenda, which involves the annexation of an area located in the vicinity of
98th Street and Avenue P.
• Robert Rocha, a business owner on 50th Street in the vicinity of Master Tech
Automotive, addressed Council in response to Kevin D. Stone's issue of
vehicles that are awaiting repairs and are being tagged.
2. EXECUTIVE SESSION
Mayor Miller stated: "City Council will hold an Executive Session today for the
purpose of consulting with the City Staff with respect to pending or
contemplated litigation; the purchase, exchange, lease, or value of real property;
personnel matters; and competitive matters of the public power utility, as
provided by Subchapter D of Chapter 551 of the Government Code, the Open
Meetings Law."
8:00 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present, except Council Member Price.
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 (Codes, Gas
Utilities - Atmos Energy, Police, Solid Waste, Water Utilities).
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May 25, 2006
Page 486
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 (Civic Center, Parks and Recreation, Water
Utilities).
2.3. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074 (a)(1), to discuss personnel matters (City Attorney,
City Manager, City Secretary, Mayor Pro-Tem) and take appropriate
action.
2.4. Hold an executive session in accordance with V.T.C.A Government Code,
Section 551.074(a)(1), to discuss personnel matters regarding duties,
responsibilities, and/or appointments to the Zoning Board of Adjustment,
North Overton Tax Increment Financing Reinvestment Board of
Directors, and Transportation Policy Committee for the Lubbock
Metropolitan Planning Organization.
2.5. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
2.5.1 to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.5.2 to discuss, vote and take final action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light;
2.5.3 to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency.
9:45 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Council Member Linda DeLeon; Council
Member Gary O. Boren; Council Member Phyllis Jones; Council
Member John Leonard; Council Member Jim Gilbreath; Lee Ann
Dumbauld, City Manager; Anita Burgess, City Attorney; and
Rebecca Garza, City Secretary
Absent: Council Member Floyd Price
Mayor Miller reconvened the meeting at 9:45 A. M.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Pastor Terry Kirkpatrick, Wayne Avenue Baptist Church.
3.2. Pledge of Allegiance to the Flags.
Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
3.3. This item was considered following Item 3.5.
3.4. Presentation of a special recognition to congratulate the Embassy Suites
of Lubbock for receiving the prestigious Connie Award.
Mayor Miller presented a special recognition to Kenneth Schell, General
Manager, and Jamie Schell, Director of Sales, for the Embassy Suites of
Lubbock. Conrad Hilton was the founder of the Hilton Hotel chain and the
Embassy Suites Hotel is part of that organization. The Embassy Suites in
Lubbock exemplifies West Texas hospitality, as their friendly staff members
greet the many visitors to our community with complimentary breakfast,
warm-hearted receptions each evening, and with many other amenities they
provide the visitors and guests to Lubbock. The Embassy Suites hotel in
Lubbock was awarded the Connie Award, the highest acknowledgment in the
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Hilton family of hotels throughout the nation, based on the high scores given
them by their own customers for their immaculate rooms, welcoming staff
members, and valuable guest accommodations. The Mayor encouraged all
citizens to appreciate the entire staff for living up to the belief of Conrad N.
Hilton by taking "responsibility to fill the earth with the light and warmth of
hospitality".
3.5. Presentation of a special recognition to congratulate Lisa Ramirez,
Principal at Ramirez Charter Elementary School, for being appointed to
Supervisory Education Program Specialist for the Office of Elementary
and Secondary Education Programs in the Office of Migrant Programs at
the United States Department of Education.
Mayor Miller presented a special recognition to congratulate Lisa Ramirez,
Principal at Ramirez Charter Elementary School. Ms. Ramirez was appointed
to Supervisory Education Program Specialist for the Office of Elementary and
Secondary Education Programs in the Office of Migrant Programs at the
United States Department of Education. As a young child watching her
parents struggle, Ms. Ramirez realized the importance of pursuing a higher
education and consequently spent eight years in the Army as means to finance
her college education. She has shown dedication to the field of education by
pursuing her undergraduate degree, Masters Degree, Principal Certificate, and
Superintendent Certificate from Texas Tech University, and is currently
pursuing a Doctorate Degree. Ms. Ramirez traveled the migrant circuit, while
growing up as the child of migrant farm workers. The Mayor encouraged all
citizens to recognize and appreciate her exceptional efforts in education and to
wish her continued success as she serves in the Department of Education. Ms.
Ramirez was joined by her husband and two children, sisters, colleagues, and
friends.
Other members of Lubbock Independent School District Administration were
recognized. Also, the Mayor recognized Rachel Ramirez, daughter of Jose
Ramirez, for whom Ramirez Elementary is named.
3.3. Presentation of a special recognition to recognize Mr. Roy Grimes for his
valuable services as a member of the Lubbock Independent School
District School Board.
Mayor Miller asked Council Members Gilbreath, Jones, and Boren to join him
while he presented a special recognition to Mr. Roy Grimes for his valuable
service as a member of the Lubbock Independent School District School
Board. The four were, at one time, students of Mr. Grimes at J.T. Hutcheson
Junior High. Mr. Roy Grimes is a 1944 graduate of Lubbock High School and
a distinguished contributor to the education experience to the children of
Lubbock since 1953. Mr. Grimes has so graciously served LISD for the last
53 years as a Coach, Teacher, Assistant Principal, Board of Trustees
Member -at Large, Secretary, Vice President, and President. Grimes continues
to insure that children will have great educators for years to come through the
Roy T. Grimes Scholarship, which provides funding for undergraduate
students enrolled in the College of Education. The Mayor encouraged the
City of Lubbock to recognize Roy T. Grimes for his generosity and
commitment to education and community, and for his relentless determination
to invest in the future of people of all ages. Council Members Gilbreath,
Jones, and Boren gave comments. Mr. Grimes was joined by his family, and
he gave comments.
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
April 26, 2006; Regular City Council Meeting, May 11, 2006.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to approve the minutes of the Regular City Council Meeting of
April 26, 2006 and Regular City Council Meeting of May 11, 2006 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
At this time, Items from the Regular Agenda were considered.
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Page 488
6.3. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00061 Zone
Case No. 3060 (1516 84th) Hold a public hearing to consider request of
Darrel W. Jones for a zoning change from T to C-4 zoning limited to
automobile repair, service and used vehicle sales, and all unconditional
permitted C-3 uses, on Lot 9, Block 5, Rhoades Heights Addition.
ORDINANCE NO. 2006-00061
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3060; A ZONING CHANGE FROM T TO C-4
ZONING LIMITED TO AUTOMOBILE REPAIR, SERVICE AND USED VEHICLE
SALES, AND ALL UNCONDITIONAL PERMITTED C-3 USES, ON LOT 9,
BLOCK 5, RHOADES HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Miller opened the public hearing at 10:03 a. m. No one appeared on
behalf of Darrel W. Jones. No one appeared in opposition. Mayor Miller
closed the hearing at 10:05 a. m.
The proposal is in an area developed in an awkward manner adjacent to the
City of Lubbock. The area was annexed in 1984, with a number of existing
"heavy" business locations along the east side of Avenue P. The annexation
was 150 feet east of the center line of Avenue P, thus only about 110 feet of
the adjacent private property is in the City, and eventually the right of way
will be expanded to accommodate a thoroughfare so even less of the adjacent
parcels will be in the City.
Adjacent Land Uses:
N — commercial
S - commercial
E — commercial or vacant
W — industrial
When the area was annexed, the property east of Avenue P was illustrated as
"residential" even though it is already noted that a number of businesses
existed along the route. In addition, at 82nd and Avenue P, Bell Telephone has
an office and a work yard, which is an M-1 use. Prior to annexation, the City
developed the Southeast storage, solid waste satellite facility and fuel site west
of the frontage along Avenue P, which is also an M-1 use. Since 1984, from
84th Street to 86th Street, the parcels facing Avenue P have been zoned as M-
1 with some conditions on outside screening. This parcel is directly across
Avenue P. A "policy" versus reality is the issue in this case. The introduction
of a commercial enterprise on this small lot should not have a negative impact
on the thoroughfare system. The applicant lives next door and would like to
open a mechanics shop and be able to sell a limited number of vehicles at the
location.
Adjacent property and across the street is already in commercial or industrial
use. As a precaution to some of the C-4 uses that may not be advisable in the
area, the applicant requested in his application that approval be limited to the
"public garage" and "used vehicle" entries in C-4, otherwise permitted uses
would be C-3. The Planning Commission was comfortable with the request to
accommodate Mr. Jones, but felt that a maximum number of vehicles should
be attached to the request regarding the number of used automobile that could
be displayed on the parcel.
The Planning Commission recommended approval of the request with two
conditions:
The Permitted Uses from C-4 shall be limited to "Garage, public repair"
and "Second hand or used car sales" with the total number of vehicles
displayed not to exceed ten."
2. That the property otherwise be eligible for development as C-3
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FISCAL IMPACT
No fiscal impact anticipated.
The staff supports the recommendation of the Planning Commission.
Randy Henson, Director of Planning, gave comments and answered questions
from Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Leonard to pass on first reading Ordinance No. 2006-00061 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.4. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00062 Zone
Case No. 3061 (north of 90th Street and west of Avenue T) Hold a public
hearing to consider request of AMD Engineering, L.P. (for Carl
Mortensen) for a zoning change from T to R-1 Specific Use and R-2
Specific Use for a reduced front and side setback on 12.006 acres of
unsubdivided land out of section 9, Block E.
ORDINANCE NO. 2006-00062
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3061; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE AND R-2 SPECIFIC USE FOR A REDUCED FRONT AND SIDE
SETBACK ON 12.006 ACRES OF UNSUBDIVIDED LAND OUT OF SECTION 9,
BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Miller opened the public hearing at 10:03 a. m. No one appeared on
behalf of Carl Mortensen. No one appeared in opposition. Mayor Miller
closed the hearing at 10:05 a. m.
The request is for this subdivision to be allowed the setbacks that have
become popular in all the new developments in Lubbock. The subdivision is
already in a preliminary approved plat and has been zoned for the basic R-1
and R-2 Districts.
Adjacent land uses:
N — Residential
S — Residential
E — Residential
W — Residential
As noted, the developer is requesting setback for the units in the same manner
that most of the new subdivisions in Lubbock have done. The request is
consistent with the Comprehensive Land Use Plan and zoning policy.
The request should have no negative effect on the thoroughfare plan.
The Planning Commission recommended the request with the following
conditions:
l . A minimum front setback of 20 feet for normal mid -block lots.
2. A minimum front setback of five feet for cul-de-sac lots with the
exception of a front entry garage, which shall have a 20-foot setback.
3. A minimum side setback of five feet for corner lots, with the exception
that a garage portion must have a 20-foot setback if the opening faces the
street.
4. If the homes are built with access to the garage from a paved alley, the
fences on the corner lot will be set back five feet to match the setback of
the home.
FISCAL IMPACT
No fiscal impact anticipated.
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The staff supports the recommendation of the Planning Commission.
Randy Henson, Director of Planning, gave comments and answered questions
from Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Leonard to pass on first reading Ordinance No. 2006-00062 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.5. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00063 Zone
Case No. 2995-B (north side of the 6400-6500 blocks of 82nd Street) Hold
a public hearing to consider request of Scott Collier (for CTC Real
Estate) for a zoning change from C-2A to C-2 zoning on 6.6 acres of
unsubdivided land out of Section 29 Block AK.
ORDINANCE NO.2006-00063
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-B; A ZONING CHANGE FROM C-2A TO C-2
ZONING ON 6.6 ACRES OF UNSUBDIVIDED LAND OUT OF SECTION 29,
BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Mayor Miller opened the public hearing at 10:03 a. m. No one appeared on
behalf of CTC Real Estate. No one appeared in opposition. Mayor Miller
closed the hearing at 10:05 a. m.
The applicant has one or several business prospects that need a C-2 district
versus the current C2A. Now that the area north of the strip along 82nd is
zoned for duplex development (and a portion of it may be petitioned for
garden office development), transitioning to the C-2 does not create an issue.
The original decision for the area to be commercial was the first critical
discussion, not being located at the mile intersection. With that decision out of
the way, the change by one level of commercial zoning is not an issue.
Adjacent land uses:
N — zoned for duplex, a portion of it is being contemplated as rezoned for
Garden Office
S — commercial
E — Garden Office zoning
W — commercial
The fact that it is commercial at this point, with a condition that the total
number of curb cuts on 82nd be limited to six, addresses the Comprehensive
Land Use Plan discussion. C-2 uses will not be deleterious to the area. With
the curb cut plan approved by the Planning Commission on April 27, 2005,
the change will have no effect on the thoroughfare system.
The Planning Commission recommended the request with one condition:
1. Tied to the condition in Ordinance 2004-00011 for this tract (a Planning
Commission review of locations for proposed curb returns). The total
number is approved at six.
FISCAL IMPACT
No fiscal impact anticipated.
The staff supports the recommendation of the Planning Commission.
Motion was made by Council Member Gilbreath, seconded by Council
Member Leonard to pass on first reading Ordinance No. 2006-00063 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
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6.6. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00064 Zone
Case No. 3059 (1617 22nd Street) Hold a public hearing to consider
request of Terry Echols (for Tagle Homes) for a zoning change from C-3
and R-2 to M-1 limited to storage and display of trees and all permitted
C-3 uses, on west 11 feet of Lot 8, all of Lot 9 and east half of Lot 10,
Block 15, McCrummen Second Addition.
ORDINANCE NO. 2006-00064
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3059; A ZONING CHANGE FROM C-3 AND R-2
TO M-1 ZONING LIMITED TO STORAGE AND DISPLAY OF TREES AND ALL
PERMITTED C-3 USES, ON WEST 11 FEET OF LOT 8, ALL OF LOT 9 AND
EAST HALF OF LOT 10, BLOCK 15, MCCRUMMEN SECOND ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS: PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Miller opened the public hearing at 10:03 a. m. No one appeared on
behalf of Tagle Homes. No one appeared in opposition. Mayor Miller closed
the hearing at 10:05 a. m.
Similar to the request considered in Zone Case 3060 at 84th and Avenue P,
this request represents a difficult procedural versus practical dilemma. The
applicant bought the property for a reasonable price and operates a business of
importing trees and storing the trees until they are sold to individuals or
landscape companies. He proposes to operate with a small frame building (not
a ready built metal building) and some required vehicles or machinery. The
dilemma within the zoning ordinance is that this operation requires an M-1
zoning designation because of the outside storage.
Adjacent land use:
N — Commercial (C-3)
S — Commercial and residential
E — Residential
W — Commercial (C-3)
The application does not meet the current Comprehensive Land Use Plan. The
area east of the strip commercial along Avenue Q is targeted as residential. It
certainly has not been a hotbed of residential activity for the last several
decades. A number of commercial zone cases have encroached a little further
into the adjacent neighborhoods, from 19th Street to 50th Street along Avenue
Q, creating a very jagged edge of the line between commercial and residential
on both sides of the street. The proposed use is certainly not suggested as a
cause for disruption of the few existing residences in the area, the fact that the
lot would be cleared and have a collection of trees may be an asset to some.
As noted, it is the technical issue of M-1 that creates the discussion.
For the same reasons noted above and related to the Comprehensive Plan, the
request also does not meet zoning policy. Should the Council want to follow
the lead of the Planning Commission and accommodate this one use, the good
news is that the applicant followed advice from staff to request that the zoning
for M-1 be limited to one use (storage and display of trees), that the request be
tied to the proposed site plan so long as the use is for the tree operation, and
that any other use be limited to C-3 — which is zoning consistent with the lots
to the north, south, and west.
For policy reasons, staff did not provide unequivocal support the request.
Given that the use would not cause a serious disruption in the vicinity as many
other M-1 uses and even a number of C-3 uses, staff provided a proposed list
of conditions for the Planning Commission to consider. The Planning
Commission recommended that the request be approved with the following
conditions:
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1. The single M-1 use would be the storage and display of trees with
attendant activities necessary to operate the business. Retail sales would
be included on the parcel.
2. Any other permitted use would be in the C-3 district.
3. A solid screening fence would be installed when a residential structure is
built on the lot adjoining to the east. A chain link fence for the perimeter
of the storage area is made a part of the site plan.
4. Tied to the proposed site plan, with the stipulation that the front 25 feet of
the lot be landscaped and not fenced. The proposed office is located within
the fenced area.
FISCAL IMPACT
No fiscal impact anticipated.
Staff supports the recommendation of the Planning Commission.
Motion was made by Council Member Gilbreath, seconded by Council
Member Leonard to pass on first reading Ordinance No. 2006-00064 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.7. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00065 Zone
Case No. 2939-D (south of 4th and west of Inler Avenue) Hold a public
hearing to consider request of Hugo Reed and Associates, Inc. (for Cactus
Pointe, Ltd.) for a zoning change from R-1 Specific Use, C-3, R-2, A-2,
AM to C-3 and R-1 Specific Use for amended setback on 133.5 acres of
unsubdivided land out of Section 3, Block D-6.
ORDINANCE NO. 2006-00065
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2939-D; A ZONING CHANGE FROM R-1
SPECIFIC USE, C-3, R-2, A-2 AND AM TO C-3 AND R-1 SPECIFIC USE FOR
AMENDED SETBACK ON 133.5 ACRES OF UNSUBDIVIDED LAND OUT OF
SECTION 3, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Miller opened the public hearing at 10:03 a. in. No one appeared on
behalf of Cactus Pointe, Ltd. No one appeared in opposition. Mayor Miller
closed the hearing at 10:05 a. in.
The Planning Commission and Council are being asked to provide a plat and
zoning for a subdivision that will have no alleys. The plat was approved by
the Commission. The transition to service and access only from the street is a
challenge to the sometimes Lubbock traditional "this is always the way staff
have done it" stance and some of the current regulations in the Code of
Ordinances.
In this case, the applicant is using Specific Use to validate the changes
normally required by the Zoning Code and a variance by the Planning
Commission for plat related items allowed by the Subdivision Regulations.
The staff and utilities have met extensively on the issues for zoning and
particularly utility installation issues with members of both the development
and builder teams. The staff is recommending both the zone case and the plat
as a "test" the developer is willing to construct. The City can benefit from the
results as to what will work and what may not and eventually change the
various Codes if the product becomes a marketable commodity in Lubbock.
The practice of not having alleys is common in many other cities.
Adjacent land uses — The subdivision is a new addition in a substantially
undeveloped area of town. The area of the entire subdivision is west of
Alcove one-half mile between 4th and 19th Streets. A new school is being
constructed within the subdivision. The area of discussion for this plat and
zone case is that portion of the addition west of the railroad track that was
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relocated to make way for the Marsha Sharp Freeway. Both sides of the
tracks will be buffered by either a street or a drainage facility, and trees have
already been planted on the south side.
The request is consistent with the Comprehensive land Use Plan, in that
residential is residential — alleys or no. The proposal differs somewhat with
zoning policy in two aspects:
1. The applicants would like to achieve the setbacks that have become
popular elsewhere in town for fronts of regular and cul de sac and sides on
corner lots.
2. The applicant would like the property line and measurements to be made
from the back of curb (which will be the property line), versus the
traditional location of the property line. The "dry" utilities will be in an
easement behind the curb, on private property, which is normally the
parkway in traditional Lubbock rights of way.
The proposal should not affect the thoroughfare system any more than
expected.
Again, the requested set backs are essentially the same as current popular set
back requirements in new subdivisions, they are just measured from a non-
traditional location (back of curb where the property line is proposed). The
Planning Commission recommended the request with the following
conditions:
1. 25 feet of front setback from the front property line for non -garage
portions of homes not on cul de sac lots (this equates to approximately 15
feet in our traditional property line method).
2. 30 feet of front setback from the front property line for the garage portion
of homes (equal to approximately 20.5 feet in our traditional property line
method), unless the garage opening is parallel with the street, in which
case the setback will by directed by #1 above.
3. 15 feet of front setback for any non garage portion of a home on a cul de
sac lot homes (equal to approximately 5.5 feet in our traditional property
line method). Any garage facing the street shall have a 30 foot setback
from the front property line.
4. 30 feet of side setback for any garage facing a side street (equal to
approximately 20.5 feet in our traditional property line method). If the
garage entrance is at a ninety (90) degree angle to the side street, this
condition will not apply subject to #5 below.
5. 15 feet of side setback for any corner lot homes (equal to approximately
5.5 feet in our traditional property line method).
6. Either on the front or the side of each parcel, a minimum twenty by twenty
foot parking slab will be provided for a driveway.
FISCAL IMPACT
No fiscal impact anticipated.
The staff supports the recommendation of the request. The Planning
Commission approved the "test" for the area.
Motion was made by Council Member Gilbreath, seconded by Council
Member Leonard to pass on first reading Ordinance No. 2006-00065 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
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6.8. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00066 Zone
Case No. 3048-B (from 5th Street to loth Street and from Avenue S to
Avenue V) Hold a public hearing consider request of Parkhill, Smith &
Cooper, Inc. (for McCanton Wood) for a zoning change to amend
Ordinance #2006-00036 to revise a setback condition for zoning on
Blocks 28, 29, 35, 38, 39, 61 and 62; Lots 13-24, Block 30; Lots 18-24 and
the east 1/2 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.2006-00066
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE -
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3048-B; A ZONING CHANGE TO AMEND
ORDINANCE #2006-00036 TO REVISE A SETBACK CONDITION FOR
ZONING ON BLOCKS 28, 29, 35, 38, 39, 61 AND 62; LOTS 13-24, BLOCK 30;
LOTS 18-24 AND THE EAST 1/2 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 Miller opened the public hearing at 10:03 a. in. No one appeared on
behalf of McCanton Wood. No one appeared in opposition. Mayor Miller
closed the hearing at 10:05 a. in.
The application is the second of two "clean up" cases filed on the
redevelopment area in the former Overton North.
Adjacent land use:
N — commercial
S — residential
E — residential
W — multi -family residential
The request is consistent with the Comprehensive Land Use Plan and zoning
policy. As noted, this request is simply an adjustment that provides some
additional flexibility to some of the residential units within the front yard
setback area. Given the complexity built into the guidelines of the proposed
Residential portion of the subdivision adopted in Zone Case 3048, this third
minor revision is a testament to the thought and thoroughness provided in the
original draft of the document.
There will be no impact on the thoroughfare system.
The Planning Commission recommended approval of the request as submitted
subject to the following condition:
1. For single family, cottages and town homes — "A wing or extension less
than half the building width (or the unit width for town homes) may
extend six feet into the required front yard."
FISCAL IMPACT
No fiscal impact anticipated.
The staff supports the recommendation of the Planning Commission.
Motion was made by Council Member Gilbreath seconded by Council
Member Leonard to pass on first reading Ordinance No. 2006-00066 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.9. Public Hearing 10:00 a.m. - Community Development: Hold a Public
Hearing at 10:00 a.m. for consideration of the Community Development
and Services Board recommendations for the program funding of the FY
2006-07 Community Development Block Grant, Home Investment
Partnership Program, Emergency Shelter Grant Program, and
previously generated program income.
Regular City Council Meeting
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Page 495
Mayor Miller opened the public hearing at 10:06 a. m. Karen Worley
appeared on behalf of the Community Development and Services Board. John
Hall, Nathan Cage, Monica Allen, Christi Severy, Gwen Titus on behalf of
Darlene Durham, Rev. Wendell Davis, Pastor Eddie Everline, Jr., and
JaBroderick Hawkins appeared in opposition. Mayor Miller closed the
hearing at 10:3 5 a. m.
The U.S. Department of Housing and Urban Development informed the City
of Lubbock that it is eligible to receive a FY 2006-07 consolidated formula
allocation. The total of these funds, plus previously generated program income
is $4,091,568. This year, the City received 38 applications for Community
Development Block Grant, Home Investment Partnership Program, and
Emergency Shelter Grant funds with requested amounts totaling over $6.5
million dollars.
Lubbock citizens participated in this year's funding process through the
activities of the Community Development and Services Board. In making
recommendations, the Community Development and Services Board (CDSB)
kept in mind the goals of the City Council and the Consolidated Plan
priorities.
The recommendation of the CDSB for spending federal dollars has been
published since May 7, 2006. This Public Hearing will allow citizens to
directly participate by addressing the City Council with comments. The
recommendations from the CDSB are provided.
FISCAL IMPACT
Federal funds will be used from the Community Development Block Grant,
Home Investment Partnership Program, and Emergency Shelter Grant. The
maximum to be allocated to these projects and activities is $4,091,568.
Staff recommended approval.
Bill Howerton, Director of Community Development introduced Karen
Worley, Chairperson for the Community Development and Services Board,
and she gave a presentation on the 2006-07 funding recommendation. Mr.
Howerton, Nancy Haney, Executive Director of Community Development,
and Lee Ann Dumbauld, City Manager, gave comments and answered
questions from Council.
Nathan Cage was asked to come up, and he gave comments and answered
questions from Council.
6.1. Mayor Pro Tempore Resolution - City Secretary: Resolution No.
2006-R0225 designating Mayor Pro Tempore.
RESOLUTION NO. 2006-R0225
WHEREAS, the City Council of the City of Lubbock is required to elect a mayor
pro tern from among its membership after each City General Election pursuant to Chapter
1, Article IX, Section 12, of the City Charter; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT Jim Gilbreath is elected mayor pro tem of the Lubbock
City Council until such time as a successor may be elected and qualified.
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Regular City Council Meeting
May 25, 2006
Page 496
Passed by the City Council on this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
The City Charter, Chapter 1, Article IX, Section 12, requires City Council
members to elect a Mayor Pro Tempore from their members at the first
regular City Council meeting after newly elected members have qualified and
taken their seats on the City Council following a regular municipal election.
The canvass of the returns and declaration of the results occurred at the May
18, 2006, City Council Meeting and the newly elected officials are now
seated.
FISCAL IMPACT
No fiscal impact.
Staff recommended designating a Mayor Pro Tempore.
Motion was made by Council Member Boren, seconded by Council Member
Leonard to pass Resolution No. 2006-R0225, designating Council Member
Jim Gilbreath as Mayor Pro Tempore. Motion carried: 6 Ayes, 0 Nays.
6.2. Board Appointments - City Secretary: Consider one appointment to
Animal Shelter Advisory Committee; two appointments to Audit
Committee; one appointment to Keep Lubbock Beautiful Advisory
Committee; one appointment to Libraries Board; one appointment to
North Overton Tax Increment Financing Reinvestment Zone Board of
Directors, two appointments to Public Transit Advisory Board; two
appointments to Zoning Board of Adjustment; one appointment to
Lubbock Economic Development Alliance Inc., one appointment to
Market Lubbock Inc. Board of Directors; and three appointments to the
Transportation Policy Committee of the Lubbock Metropolitan Planning
Organization.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to appoint Mandy Winton to the Animal Shelter Advisory Committee.
Motion carried: 6 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to reappoint Mike Epps and Kim Turner to the Audit Committee.
Motion carried: 6 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to appoint Flora Arellano to the Keep Lubbock Beautiful Advisory
Committee. Motion carried: 6 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to appoint Judy Rowdon to the Libraries Board. Motion carried: 6
Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to hold on the appointment to the North Overton Tax Increment
Financing Reinvestment Zone Board of Directors. Motion carried: 6 Ayes, 0
Nays.
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Regular City Council Meeting
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Page 497
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to appoint David Quintanilla and reappoint Cindy Finley to the Public
Transit Advisory Board. Motion carried: 6 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to appoint Mike Moss from alternate to member and appoint Jose
Valenciano as alternate to the Zoning Board of Adjustment. Motion carried:
6 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to hold on the appointment to the Lubbock Economic Development
Alliance, Inc. Board and Market Lubbock Inc. Board of Directors. Motion
carried: 6 Ayes, 0 Nays.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to hold on the appointment to the Transportation Policy Committee of
the Lubbock Metropolitan Planning Organization. Motion carried: 6 Ayes, 0
Nays.
5. CONSENT AGENDA (Items 5.1-5.4.5.6, 5.8-5.10, 5.12-5.19)
Motion was made by Council Member Leonard, seconded by Mayor Pro Tem
Gilbreath to approve Items 5.1-5.4, 5.6, 5.8-5.10, 5.12-5.19 on consent agenda as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
5.1. Authorization Resolution - City Manager: Resolution No. 2006-RO226
authorizing D. Elegance Limousine approval to operate a 1993 and a
1995 model Lincoln Towne Car in its limousine business.
RESOLUTION NO.2006-RO226
WHEREAS, Section 27-1 of the Code or Ordinances of the City of Lubbock
defines a "limousine" as being a "late model luxury vehicle" which "shall not be more
than ten (10) years old unless special permission for the use of such vehicle is granted by
the City Council;" and
WHEREAS, D. Elegance Limousine has requested City Council approval to
— operate a 1993 model Lincoln Towne Car and 1995 Lincoln Towne Car in its limousine
business; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT D. Elegance Limousine is hereby authorized to use a 1993 Model Lincoln
Towne Car, License No. T31 VBK, and a 1995 Model Lincoln Towne Car, License No.
T32 VBK, in its limousine business.
Passed by the City Council on this 25th day of May, 2005.
/S/ DAVID A. MILLER
MAYOR
ATTEST:
/s/ Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
Section 27-1 of the Code of Ordinances of the City of Lubbock defines a
limousine as being a late -model luxury vehicle which shall not be more than
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Page 498
10 years old unless special permission for the use of such vehicle is granted by
the City Council. D. Elegance is requesting approval to operate a 1993 and a
1995 Lincoln Towne Car vehicle in its limousine business for one year.
If the City Council approves this resolution, D. Elegance will be required to
obtain a City of Lubbock Ordinance 8167 Inspection from the City Fleet
Services Department and must provide proof of liability insurance for the
vehicle.
FISCAL IMPACT
$75 fee per vehicle paid to City.
Staff recommended approval of this resolution.
5.2. License Agreement Resolution - Parks and Recreation: Resolution No.
2006-RO227 authorizing the Mayor to execute an Athletic Facility License
Agreement with Dixie Little League for youth sports programs at Lewis
Park located at 54th and Avenue L.
RESOLUTION NO.2006-RO227
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 Athletic Facility License
Agreement for youth sports programs, by and between the City of Lubbock and Dixie
Little League for the use of Lewis Park, located at 541h and Avenue L, and related
documents. Said License Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche for
Randy Truesdell, Community Services Director
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the License Agreement is filed with Resolution No. 2006-R0227.
The City of Lubbock has a long-standing relationship with Dixie Little
League. The approval of the annual agreement will allow the youth league
formal permission to conduct baseball games and practice sessions at the
Dixie Little League Complex, which is located on City park property. The
sports agreement defines responsibilities for the respective organization and
the City of Lubbock.
The League will provide services relating to the operation of the League
including the development of roster lists, the payment of league fees, the
scheduling of all games and tournaments, the assignment, training and
payment of referees and score keepers, and other services which may be
necessary for the administration of the league.
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Regular City Council Meeting
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Page 499
FISCAL IMPACT
The City of Lubbock will receive sports user fees in the amount of $2 per
participant. There are approximately 330 participants in the league, which
will generate $660 in league fees paid to the City.
Staff recommended approval of this resolution.
5.3. Grant Application Resolution - Water Utilities: Resolution No.
2006-RO228 authorizing the Mayor to execute for and on behalf of the
City of Lubbock, an application for the FY 2005 EPA Special Projects
Grant for the Canyon System Reuse Project to be submitted to the
Environmental Protection Agency to help fund engineering services and
project construction.
RESOLUTION NO.2006-RO228
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 Application for the FY
2005 EPA Special Projects Grant for the Canyon System Reuse Project (the "Grant
Application"), to be submitted to the Environmental Protection Agency, and all related
documents. Said Grant Application 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 25th day of May 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas L. Adams
Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Grant Application is filed with Resolution No. 2006-R0228.
On March 30, 2005, the City of Lubbock was notified that the Environmental
Protection Agency (EPA) approved funding for engineering services and
project construction of the Canyon Lake System Reuse Project for the
discharge, storage, diversion, and reuse wastewater effluent.
The City created the Lubbock Water Advisory Commission in 2003 to assist
with water issues. In May 2004, the City completed a study to develop a 100-
year water supply plan with the help of Water Texas of Austin, Texas. In
October 2005, the Lubbock Water Advisory Commission and City Council
approved the Water Planning Statement that identified the major alternatives
and priorities to provide a 100-year water supply plan for Lubbock. In
December 2005, the Region O Water Planning Group approved Lubbock's
key strategies as part of their Region O plan. On April 18, 2006, the Texas
Water Development Board adopted the Region O water supply plan including
Lubbock's proposed strategies.
As a result of these efforts, the City of Lubbock has been able to identify the
water planning projects and issues that need to be studied. The recycling of
wastewater is included as an alternative in the long-range planning
documents. The Lubbock Water Advisory Commission has recommended that
the EPA grant funds be used for the purposes of this study and related
Regular City Council Meeting
May 25, 2006
Page 500
construction. The study will identify how the City can discharge and then
reuse water resources, and will also help fund the construction of diversion
facilities. The project is a priority in Lubbock's water plan and is eligible for
EPA grant funding.
The proposed project will include the following phases:
Phase I — Preliminary Engineering and Conceptual Design
This phase will include review of completed river modeling and the
development of any additional modeling necessary to evaluate and make
recommendations on water quality and quantity issues for the reuse
alternatives. The phase will include an analysis of the alternatives and a
preliminary design for the most cost effective project or projects.
Phase II — Engineering Design and Bid Phase Services
This phase will include the construction engineering design. Two likely
projects include funding for discharge facilities at the Southeast Wastewater
Reclamation Plant and funding for the pipe connections to pump treated
effluent to the head of the Canyon system instead of groundwater from the
Lubbock Land Application Site.
Phase III — Construction and Construction Phase Services
This phase will include the construction of projects for which design services
were completed.
The City was recently notified by an EPA official that the due date for this
grant will be early this summer. Staff would like to submit the grant
application prior to June 1, 2006, in order to proceed in a timely manner.
The City has set a number of major water related goals. One of these goals is
to ensure a long-term future water supply. The proposed project moves this
goal forward by allowing high quality effluent to naturalize in the Canyon
Lake system where it will then be available for indirect reuse. A second goal
is to address environmental issues. The project will move this goal forward by
helping to improve water quality in the North Fork and Canyon Lake system,
by improving groundwater quality and by conserving water resources.
Due to the high level of treatment that is proposed for the wastewater, it is
proposed that the City begin taking steps for wastewater reuse by using the
EPA grant and matching funds to develop reuse plans and to construct the
necessary facilities to increase effluent discharge into the tributaries of the
Brazos River. This is a valuable resource and this study will assist the City in
preparing a long-range plan for use of the water.
FISCAL IMPACT
The total proposed budget for the Lake Alan Henry Water Transmission and
Treatment System Preliminary Engineering Study is $1,399,637. This project
will be partially funded through an EPA Special Projects grant, which the City
was awarded under the Consolidation Appropriations Act, 2005. The EPA
Special Projects grant has a value of $769,800 and was awarded for the
Canyon Lake Water Reuse Project for construction -related costs associated
with water system infrastructure. The EPA Special Projects grant requires the
grant recipient to provide a 45% match of the total project cost. The City is
committed to meeting this 45% match requirement of $629,837.
The City Council has previously authorized financing and budget authority for
the Canyon Lake System and Reuse Project by approving matching funds for
the EPA grant. Based upon the plan, adequate funding is in place to complete
the project.
This is the second EPA grant. The first application was approved for the Lake
Alan Henry Preliminary Engineering project at the May 11, 2006, City
Council meeting. That grant was for $198,400.
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Page 501
The Lubbock Water Advisory Commission has recommended that the second
EPA grant be used to assist with the engineering and construction related to
the Canyon Lake System Reuse Plans and Projects.
Staff recommended approval to enable the City submit the EPA grant
application in a timely manner. Staff recommended the completion of the
study and construction in order to develop our long-range water supply plans
and in order to complete construction necessary to enable additional stream
discharge and future reuse.
Once the City receives notice to proceed, City staff will be back to ask
Council for authorization to proceed with engineering and related projects.
5.4. Regional Mitigation Action Plan Resolution - Emergency Management:
Resolution No. 2006-RO229 approving the South Plains Hazard
Mitigation Action Plan as required by the Federal Emergency
Management Agency and the Governor's Division of Emergency
Management.
RESOLUTION NO.2006-RO229
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF LUBBOCK, TEXAS
TO APPROVE THE REGIONAL MITIGATION ACTION PLAN (MAP) KNOWN AS
THE "SOUTH PLAINS HAZARD MITIGATION ACTION PLAN".
WHEREAS, hazard mitigation is defined as sustained actions taken to eliminate
or reduce long-term risk to people and property from hazards and their effects; and
WHEREAS, the goal of mitigation is to save lives and reduce damages to
property, infrastructure, and the environment, and consequently to minimize the costs of
disaster response and recovery activities; and
WHEREAS, a hazard mitigation action plan is a community's dynamic record of
its recognition that it is vulnerable and at risk from hazards, and represents a
community's commitment to take the actions needed and implement specific mitigation
strategies designed to reduce the community's long-term vulnerability, risk and exposure
to adverse consequences resulting from hazards; and
WHEREAS, the City of Lubbock, Texas has participated in the development of a
regional hazard mitigation plan in the 15 county area of Texas known as the South Plains
region through the development of the South Plains Hazard Mitigation Action Plan and
has made the plan available for public inspection and review.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City Council of the City of Lubbock on behalf of the citizens of
Lubbock, Texas, hereby approves and adopts a regional hazard mitigation action plan as
required by the Federal Emergency Management Agency and the Texas Division of
Emergency Management to remain eligible for federal disaster mitigation funding after
the November 1, 2004, planning deadline.
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Page 502
Passed by the City Council this 25th day of May 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Kevin W. Overstreet
Kevin Overstreet, Emergency Management Coordinator
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
The South Plains Hazard Mitigation Action Plan was completed as required
by the Governor's Division of Emergency Management and the Federal
Emergency Management Agency. The plan addresses actions taken to prevent
or lessen the effect of all types of hazards that may occur within the South
Plains region as well as the City of Lubbock and Lubbock County. The plan
has been approved by the Federal Emergency Management Agency Region 6
and the Governor's Division of Emergency Management.
The South Plains Hazard Mitigation Action Plan document is on file in the
City Secretary's Office.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
5.5. This item was moved from consent agenda to regular agenda and
considered following Item 5.19.
5.6. Paving Improvements Resolution - Street Drainage Engineering:
Resolution No. 2006-RO230 accepting paving improvements constructed
by Armor Asphalt Construction Company in Lynnwood Addition Lots,
191-290.
RESOLUTION NO.2006-RO230
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 191-290,
Lynnwood Addition, made arrangements with Armor Asphalt Construction Company,
Inc. for the construction of paving improvements on certain streets and avenues dedicated
in said subdivision under the provisions of said Ordinance prior to the recording of the
subdivision plat of the above -mentioned Addition, including the following streets,
avenues and alleys:
The East half of North Chicago Avenue from the North end of radius of Fordham
Street to the North end of radius of the alley North of Marshall Street, known and
designated as New Subdivision Sub -Unit Number 68 of Unit Number 2046.
North Bangor Avenue from the North end of radius of Kemper Street to the South
lip line of Marshall Street, known and designated as New Subdivision Sub -Unit
Number 69 of Unit Number 2046.
North Belmont Avenue from the North end of radius of the alley South of Lehigh
Street to the South lip line of Marshall Street, known and designated as New
Subdivision Sub -Unit Number 70 of Unit Number 2046.
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Regular City Council Meeting
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Page 503
North Belmont Avenue from the North lip line of Marshall Street to the North end
of radius of the alley North of Marshall Street, known and designated as New
Subdivision Sub -Unit Number 71 of Unit Number 2046.
Lehigh Street from the cul-de-sac West of North Belmont Avenue to the West lip
line of North Belmont Avenue, known and designated as New Subdivision Sub -
Unit Number 72 of Unit Number 2046.
Kemper Street from the East lip line of North Chicago Avenue to the West end of
radius of the alley East of North Chicago Avenue, known and designated as New
Subdivision Sub -Unit Number 73 of Unit Number 2046.
Harvard Street from the East lip line of North Chicago Avenue to the West end of
radius of the alley East of North Chicago Avenue, known and designated as New
Subdivision Sub -Unit Number 74 of Unit Number 2046.
Marshall Street from the cul-de-sac West of North Belmont Avenue to the East
end of radius of the alley East of North Bangor Avenue, known and designated as
New Subdivision Sub -Unit Number 75 of Unit Number 2046.
The West half of North Chicago Avenue from Fordham Street to Harvard Street,
known and designated as New Subdivision Sub -Unit Number 76 of Unit Number
2046.
The North -South alley East of North Chicago Avenue from the alley South of
Lehigh Street to the alley North of Marshall Street, known and designated as Unit
Number A-464-57.
The East-West alley between Marshall Street and Lehigh Street from the North -
South alley East of North Chicago Avenue to North Belmont Avenue, known and
designated as Unit Number A-464-58.
The East-West alley North of Marshall Street from North Chicago Avenue to the
North -South alley East of North Bangor Avenue, known and designated as Unit
Number A-464-59.
The North -South alley between North Bangor Avenue and North Belmont
Avenue from Kemper Street to Marshall Street, known and designated as Unit
Number A-464-60.
The North -South alley East of North Bangor Avenue from Kemper Street to
Marshall Street, known and designated as Unit Number A-464-61.
WHEREAS, the construction of the above improvements on the above -mentioned
streets, avenues and alleys was performed under the supervision of the City Engineer, and
said improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues BE and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council and to
direct payment of the City's portion of the cost in the amount of $3,222.22 to the
Contractor.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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May 25, 2006
Page 504
Passed by the City Council this 25th day of May. 2006.
DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims
Assistant City Attorney
This is a routine acceptance of paving improvements constructed at the time
of platting this new subdivision. These improvements consist of street paving
and curb and gutter at the following locations:
The east half of North Chicago Avenue from Fordham Street to the alley north
of Marshall Street.
North Bangor Avenue from Kemper Street to Marshall Street.
North Belmont Avenue from the alley south of Lehigh Street to Marshall
Street.
North Belmont Avenue from Marshall Street to the alley north of Marshall
Street.
Lehigh Street from the cul-de-sac west of North Belmont Avenue to North
Belmont Avenue.
Kemper Street from North Chicago Avenue to the alley east of North Chicago
Avenue.
Harvard Street from North Chicago Avenue to the alley east of North Chicago
Avenue.
Marshall Street from the cul-de-sac west of North Belmont Avenue to the
alley east of North Bangor Avenue.
The west half of North Chicago Avenue from Fordham to Harvard Street.
The north -south alley east of North Chicago Avenue from the alley south of
Lehigh Street to the alley north of Marshall Street.
The east -west alley north of Marshall Street from North Chicago Avenue to
the alley east of North Bangor Avenue.
The north -south alley between North Bangor Avenue and North Belmont
Avenue from Kemper Street to Marshall Street.
The north -south alley east of North Bangor Avenue from Kemper Street to
Marshall Street.
FISCAL IMPACT
North Chicago Avenue is a collector level street and, pursuant to the Paving
Policy, the City is responsible for additional paving width that is greater than
the standard residential street width. The City's share of the cost is $3,222
and will be due to the developer upon this acceptance. The City's cost will be
paid from the existing New Subdivision and Assessment Paving capital
project with a current available balance of $174,542. This capital project was
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May 25, 2006
Page 505
established to provide funding for the City to pay for paving quantities that
exceed the developers' paving requirements when platting new subdivisions.
Staff recommended approval of this resolution.
5.7. This item was moved from consent agenda to regular agenda and
considered following Item 5.5.
5.8. Dedication Deed Resolution - Right -of -Way: Resolution No. 2006-RO231
authorizing the Mayor to execute a dedication deed in connection with
the platting by the City of Tract A Milwaukee Avenue Pump Station
Addition to the City of Lubbock, property located at 7310 Milwaukee
Avenue.
RESOLUTION NO. 2006-RO231
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 Dedication Deed in
connection with the platting by said City of Tract A, Milwaukee Avenue Pump Station
Addition to the City of Lubbock, Lubbock County, Texas, and related documents. Said
Deed is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council this 25th day of May, 2006.
DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
s/ Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
A copy of the Deed is filed with Resolution No. 2006-RO231.
This land was acquired in October 2005 from Milwaukee, LTD for a water
reservoir site and the area being platted contains 5.444 acres. The
Right -of -Way Department initiated this plat for the Water Utilities
Engineering Department and it has been approved by the Planning and Zoning
Commission.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
5.9. Contract Resolution - Aviation: Resolution No. 2006-RO232 authorizing
the Mayor to execute a contract with ANCO A Division of Chem -Aqua,
Inc. for HVAC water treatment services at Lubbock Preston Smith
International Airport, BID #06-027-BM.
RESOLUTION NO. 2006-RO232
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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May 25, 2006
Page 506
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 HVAC Water
Treatment Services at Lubbock Preston Smith International Airport, per ITB# 06-027-
BM, by and between the City of Lubbock and ANCO a Division of Chem -Aqua, Inc. of
Macon, Georgia, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of May, 2006
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Tommy Combs for
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
A copy of the Contract is filed with Resolution No. 2006-R0232.
Lubbock Preston Smith International Airport requires chemical additions to be
maintained at a constant level in the HVAC system. The contract term is one
year with an option to renew annually for up to four additional one-year terms.
The agreement includes:
1. Cooling tower/ open loop system: $665 monthly
2. Chill water/ closed loop system: $75 monthly
3. Hot water/ closed loop system: $75 monthly
Several types of chemicals are required and must be maintained at specified
levels to prevent corrosion, scale, and algae in the systems.
Two bids were received. ANCO was the lowest bidder at $9,786 annually
compared to Delta Water Laboratories bid of $13,068 annually.
FISCAL IMPACT
A total of $11,000 is appropriated with $11,000 available in Aviation
Maintenance - Chemical Supplies for this purpose.
Staff recommended contract award to ANCO A Division of Chem -Aqua, Inc.
of Macon, Georgia for $9,786 annually.
5.10. Contract Resolution - Aviation: Resolution No. 2006-RO233 authorizing
the Mayor to execute a contract with Matthews Backhoe for the
demolition of two warehouse buildings on the Eastport section of
Lubbock Preston Smith International Airport, Bid # 06-026-BAI.
RESOLUTION NO.2006-RO233
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Page 507
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 Warehouse Demolition
at Airport, per ITB# 06-026-13M, by and between the City of Lubbock and Matthews
Backhoe of Lubbock, Texas, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Nicholson
Steve Nicholson, Aviation Deputy Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 25th day of May, 2006, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as
OWNER, and Matthews Backhoe, Inc., of the City of Lubbock, County of Lubbock, and
the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #06-026-13M - WAREHOUSE DEMOLITION AT AIRPORT - $66,400
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. Matthews
Backhoe, Inc.'s bid dated April 27, 2006 is incorporated into and made a part of this
agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
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Page 508
CONTRACTOR
Matthews Backhoe, Inc.
By: /s/ Corky Matthews
PRINTED NAME: Corky Matthews
TITLE: President
COMPLETE ADDRESS:
Matthews Backhoe, Inc.
P.O. Box 3187
Lubbock, TX 79452
ATTEST:
/s/ Janice Matthews
Corporate Secretary
CITY OF LUBBOCK, TEXAS
(OWNER)
By: /s/ David A. Miller
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
Owner's Representative
/s/ James W. Loomis
Director
APPROVED AS TO FORM:
/s/ John M. Knight
for City Attorney
ITB 06-026-BM was issued for the demolition and removal of warehouse
buildings in the Eastport section of the Lubbock Preston Smith International
Airport (LPSIA). The base bid is for the demolition of the northern
warehouse, located at 5614 North Beech Avenue. An alternate was included
in the ITB for the demolition of the southern warehouse, located at 2807 E.
Dubuque. Both buildings are in an unsafe condition and have suffered
extensive wind damage.
Two sealed bids were opened on April 27, 2006.
Matthews Backhoe: Base Bid $33,200; Alternate $33,200 = $66.400
Pride Underground: Base Bid $43,200; Alternate $43,200 = $86,400
FISCAL IMPACT
Funds for this project will come from Account No. 8477.9212.30000.
Airport staff has reviewed these bids and are recommending award of the base
bid and alternate to Matthews Backhoe in the amount of $66,400.
5.11. This item was moved from consent agenda to regular agenda and
considered following item 5.7.
5.12. Contract Resolution - Parks and Recreation: Resolution No. 2006-RO234
authorizing the Mayor to execute a contract with ARAMARK
Educational Services, Inc for meals services for the 2006 Summer Lunch
Program, Bid #06-031-MA.
RESOLUTION NO.2006-RO234
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 meal services
for the 2006 Summer Lunch program, by and between the City of Lubbock and
ARAMARK Educational Services, Inc., and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
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May 25, 2006
Page 509
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
is/ Craig�Wuenche for
Randy Truesdell
Community Services Director
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2006-R0234.
This bid establishes a contract for food services for the Summer Lunch
Program that provides a nutritional noon meal each weekday for children ages
1 through 18, beginning May 30 and ending on August 4, 2006. The City of
Lubbock has participated in the Summer Food Service Program for the past
fifteen years with positive results. Any child meeting the age requirement is
able to participate in the Summer Food Program and receive a free meal at the
Maggie Trejo Supercenter, Mae Simmons Community Center and Copper
Rawlings Community Center. Other participating locations include Bean
Elementary, Harwell Elementary, Ramirez Elementary, George Woods Center
and the PHEA Branch of the Boys & Girls Club. Staff anticipates serving
approximately 18,460 lunches this summer
Both direct and indirect costs for the Summer Lunch program are reimbursed
through a Summer Food Service Program grant from the Texas Health and
Human Services Commission, formerly the Department of Human Services.
Direct costs include the contract with the food vendor, consumable supplies
and salaries for food service personnel. Indirect costs include program
administration, personnel training and supplies.
This program is offered in conjunction with the Summer Satellite Program
offered by the Parks and Recreation Department through Community
Development funding. The program provides a service for the community by
providing a nutritious meal for children who would normally participate in a
meal program at their school or for those whose parents are unable to prepare
a meal for the children.
There were 57 local vendors contacted for the summer lunch program.
FISCAL IMPACT
A total of $52,842 was appropriated with $52,842 available in Grant Number
84008, Summer Lunch Program for this purpose.
Parks and Recreation staff recommended that ARAMARK Educational
Services, Inc. receive the bid award for the 2006 Summer Lunch program with
a unit price of $2.22 for a total of $40,981.
5.13. Contract Resolution - Water Utilities: Resolution No. 2006-R0235
executing a contract with Archer Western Contractors, Inc. for
construction of the Southwest Pump Station transmission main located
near 73rd Street and Milwaukee Avenue, Bid #06-032-BM.
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Page 510
RESOLUTION NO.2006-RO235
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 construction
of the Southwest Pump Station Transmission Main per ITB #06-032-BM, by and
between the City of Lubbock and Archer Western Contractors LTD. of Arlington, Texas,
and related documents. Said Contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
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/ John M. Knight
John M. Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 25th day of May, 2006, by and
between* the City of Lubbock, County of Lubbock, State of Texas, acting by and through
the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as
OWNER, and Archer Western Contractors, Ltd., of the City of Arlington, County of
Tarrant, 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 #06-032-BM - SOUTHWEST PUMP STATION TRANSMISSION LINE -
$953,900
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. Archer Western
Contractors, Ltd.'s bid dated May 2, 2006 is incorporated into and made a part of this
agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
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May 25, 2006
Page 511
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
CONTRACTOR CITY OF LUBBOCK, TEXAS
Archer Western Contractors, Ltd. (OWNER)
By: /s/ Matthew Walsh By: /s/ David A. Miller
Mayor
PRINTED NAME: Matthew Walsh
TITLE: President
COMPLETE ADDRESS:
Archer Western Contractors, Ltd
2121 Avenue J, Suite 103
Arlington, TX 76006
ATTEST:
/s/ John P. Slattery
Corporate Secretary
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Owner's Representative
/s/ Thomas L. Adams
Director
APPROVED AS TO FORM:
/s/ John M. Knight
for City Attorney
This project involves constructing the improvements necessary to supply
water to the Southwest Pump Station and establishing a third pressure zone in
southwest Lubbock. The transmission main will connect the existing elevated
storage tank at 74th Street and Genoa Avenue to the new pump station
currently under construction. This new transmission main is a required
improvement to the Southwest Pump Station. The transmission main will
provide the water necessary for the operation of the pump station. An
additional water main that will supply water to the pump station from the
Bailey County well field is scheduled for construction during FY 2007-08.
FISCAL IMPACT
A total of $10,890,000 was appropriated with $7,866,664 available in South
Lubbock Water Extension Project for this purpose.
Staff recommended contract award to Archer Western Contractors, Ltd. of
Arlington, Texas for $953,900.
5.14. Contract Resolution - Water Utilities: Resolution No. 2006-RO236
authorizing the Mayor to execute a contract with Parkhill, Smith &
Cooper for professional engineering services for Bailey County Sandhills
Well Field supply wells, RFQ #05-118-VK.
RESOLUTION NO.2006-RO236
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 sign for and on behalf of the City of Lubbock, a Contract by and between the
City of Lubbock and Parkhill, Smith & Cooper, Inc., for professional engineering
services, and all related documents. Said Contract is attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
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May 25, 2006
Page 512
Passed by the City Council this 25th day of May. 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
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/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2006-R0236.
During the past 20 years, water production from existing wells in the Bailey
County Sandhills Well Field has declined due to a reduced water table caused
by periods of extended drought. This agreement provides professional
services to design and oversee construction of additional public water supply
wells in the City of Lubbock Bailey County Sandhills Well Field. It includes
services to determine the quantity and optimum placement of the wells along
with electric service, well collection system connections. It also includes other
items needed to increase the water production capacity of the well field and to
maintain an adequate supply buffer to be able to produce the pipeline supply
capacity when a portion of the wells is inoperable due to normal interruptions
such as mechanical or electrical malfunctions, lightning strikes or other
causes.
FISCAL IMPACT
Three engineering firms responded to the Request For Qualifications (RFQ)
for engineering services for public water supply wells. After reviewing the
statements of qualifications and hearing oral presentations, the unanimous
choice of the selection committee was Parkhill, Smith & Cooper, Inc. The
committee determined that the proposal by Parkhill, Smith & Cooper, Inc.
best meets the needs and requirements of the project. It contained excellent
preliminary analysis of the existing public water supply wells and a project
approach designed to conserve City funds.
An agreement has been negotiated with Parkhill, Smith & Cooper, Inc. in the
amount of $265,000 for engineering services plus reimbursable expenses up to
$130,000 for surveying, geotechnical investigations and a resident project
representative. Funding for this work was approved in capital project #91003,
Increase Sandhills Production.
The selection committee recommended Parkhill, Smith & Cooper, Inc. be
engaged to perform the professional engineering services for the public water
supply wells; or such alternative action as City Council may deem
appropriate.
5.15. Contract Modification Resolution - Health: Resolution No. 2006-RO237
authorizing the Mayor to execute Contract Modification No. M-001 to an
interlocal contract for provision of death certificates of parolees to the
Texas Department of Criminal Justice by the City Health Department
and any associated documents by and between the City of Lubbock and
the Texas Department of Criminal Justice.
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May 25, 2006
Page 513
RESOLUTION NO.2006-RO237
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 Contract No. 696-PD-7-7L0013 with
the Texas Department of Criminal Justice for provision of death certificates of parolees to
the Texas Department of Criminal Justice by the City Health Department, a copy of
which Contract 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 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract Modification is filed with Resolution No. 2006-R0237.
This modification of contract is between the City of Lubbock Health
Department and the Texas Department of Criminal Justice (TDCJ). The City
of Lubbock Health Department will provide death certificates of deceased
parolees to TDCJ. TDCJ will pay the Lubbock Health Department $21 per
death certificate. The total amount of this contract shall not exceed three
hundred fifteen dollars. The contract ends August 31, 2006.
FISCAL IMPACT
No fiscal impact anticipated.
Health Department staff recommended approval of the interlocal contract.
5.16. Purchase Resolution - Street Maintenance: Resolution No. 2006-RO238
for concrete - annual pricing, Bid #06-023-BM.
RESOLUTION NO.2006-RO238
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor
of the City of Lubbock to execute Contracts for Services for concrete, annual pricing, by
and between the City of Lubbock and Commercial Concrete of Lubbock (primary
contractor); and Pelones Concrete of Lubbock (secondary contractor), which Contracts
and any associated documents, are attached hereto and made a part of this Resolution for
all intents and purposes.
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May 25, 2006
Page 514
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert C. Cook
Robert Cook, Street Superintendant
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2006-R0238.
This contract will establish annual pricing for the purchase of concrete by all
city departments for one year with an option to renew annually for up to two
additional years. The contract includes a variety of concrete classes for
various types of work including repair of curb and gutter, valley gutter repair,
concrete curb ramp repair, concrete alley repair, and other miscellaneous
concrete projects.
Street Department is a user of this contract but other City Departments will
also use this contract as they need to purchase concrete for their miscellaneous
projects.
FISCAL IMPACT
A total of $564,286 was budgeted in Street Maintenance account 4531-8260
with $130,130 estimated for the purchase of concrete. The remainder of the
contract will be used by other City Departments.
Staff recommended contract award to Commercial Concrete as the primary
contractor for $587,060 and contract award to Pelones Concrete as the
secondary contractor for $684,970.
5.17. Purchase Resolution - Street Maintenance: Resolution No. 2006-RO239
for asphalt - annual pricing, Bid # 06-022-BM.
RESOLUTION NO.2006-RO239
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor
of the City of Lubbock to execute Contract for Services for asphalt, annual pricing, by
and between the City of Lubbock and Semmaterials, L.P., of Lubbock, which Contract
and any associated documents, are attached hereto and made a part of this Resolution for
all intents and purposes.
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May 25, 2006
Page 515
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert C. Cook
Robert Cook, Street Superintendent
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2006-R0239.
This contract establishes the annual pricing for the purchase of emulsion for
the internal seal coat program by the Streets Department.
Only one bid was received for our emulsion from Sem Material. They are the
only local dealer and have been the only bidder for this product for the past 20
years. They have been a good supplier and have supplied the needed product
in a timely manner.
The contract is a unit price contract for one year.
FISCAL IMPACT
A total of $564,286 is budgeted in Street Maintenance for the purchase of
emulsion. The square yards of seal coat area covered will be limited to the
budgeted amount.
Staff recommended awarding the bid to Sem materials at an estimated bid
price of $241,150.
5.18. Purchase Resolution - Fleet Services: Resolution No. 2006-RO240 for the
purchase of upfitted police vehicles through the Interlocal Cooperative
Purchasing Agreement with Tarrant County, Texas.
RESOLUTION NO.2006-RO240
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor
of the City of Lubbock to execute a Purchase Order Contract by and between the City of
Lubbock and Caldwell Country Chevrolet -Pontiac of Columbus, Texas, for the purchase
of police vehicles pursuant to the Interlocal Cooperative Purchasing Agreement with
Tarrant County, Texas, which Agreement and any associated documents, are attached
hereto and made a part of this Resolution for all intents and purposes.
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Page 516
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Marta Alvarez
Marta Alvarez, Interim Purchasing Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2006-R0240.
This item involves the purchase of twelve upfitted police vehicles through the
Interlocal Cooperative Purchasing Agreement with Tarrant County authorized
by Resolution No. 2004-RO509 on October 12, 2004. These vehicles will be
equipped with all police emergency equipment including the wiring for two-
way radio, mobile data computer, and eye -witness video system per Police
Department Specification 306-PD. The vehicles will replace older vehicles
that have excessive mileage and are experiencing increased maintenance cost
and down -time.
FISCAL IMPACT
These police vehicles are funded with the Master Lease Program. The
approved list of vehicles is adopted as part of the Capital Improvement
Program. These vehicles were approved as part of the FY 2005-06 Master
Lease Purchase Program. The Master Lease annual payment is budgeted
within each fund.
Staff recommended purchase from Columbus Country Fleet Dealerships
through the Interlocal Cooperative Purchasing Agreement with Tarrant
County, Texas for $471,256.
5.19. Purchase Resolution - Municipal Court: Resolution No. 2006-RO241
authorizing the purchase of new computers for Municipal Court from
Dell Marketing LP of Round Rock, Texas through the State of Texas
Department of Information Resources.
RESOLUTION NO.2006-RO241
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Purchase Order Contract and any
associated documents by and between the City of Lubbock and Dell Marketing LP of
Round Rock, Texas, for purchase of computers and monitors for Lubbock Municipal
Court of Record, which Contract and any associated documents, are attached hereto
and made a part of this Resolution for all intents and purposes.
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May 25, 2006
Page 517
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert A. Doty
Robert Doty, Presiding Judge, Municipal Court of Record
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2006-R0241.
Municipal Court needs new computers to run the court software recently
purchased from INCODE. Municipal Court has a few old computers and
numerous dumb terminals that cannot handle the new INCODE software. This
equipment will be purchased from Dell Marketing LP of Round Rock, Texas
through the State of Texas Department of Information Resources DIR-SDD-
192 Contract 9913578.
FISCAL IMPACT
This project is entirely funded through the Municipal Court Technology Fund.
Staff recommended purchase of equipment from Dell Marketing LP of Round
Rock, Texas for $27,041.92.
5.5. Tariff Amendment Resolution - City Secretary: Resolution No.
2006-RO242 granting Southwestern Public Service Company's (d/b/a Xcel
Energy) request to eliminate the 2% prompt payment discount rider for
Residential Class customers in Lubbock, Texas effective June 1, 2006.
RESOLUTION NO.2006-RO242
AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LUBBOCK SITTING AS A REGULATORY AUTHORITY PURSUANT TO
SECTION 33.001 OF THE TEXAS UTILITIES CODE, WITH REGARD TO A RATE
CHANGE APPLICATION FILED BY SOUTHWESTERN PUBLIC SERVICE
COMPANY D/B/A XCEL ENERGY ("SPS") WITH THE CITY.
WHEREAS, pursuant to Section 33.001 of the TEXAS UTILITIES CODE, the City of
Lubbock has exclusive original jurisdiction over the rates, operations, and services of an
electric utility operating within the corporate limits of the City of Lubbock; and
WHEREAS, SPS has heretofore filed a Application and Statement of Intent to
Terminate a Tariff on June 1, 2006; and
WHEREAS, such proposed change will result in very little impact for the
customers of SPS; and
WHEREAS, SPS has represented to the City Council of the City of Lubbock that
such proposed change is not a "major change" as defined by Section 3 6. 101 of the TEXAS
UTILITIES CODE; and
WHEREAS, such proposed change is not a "major change" requiring a public
hearing under the provisions of Sections 36.101 and 36.105 of the TEXAS UTILITIES
CODE; and
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May 25, 2006
Page 518
WHEREAS, pursuant to the representations made by SPS in their Application and
Statement of Intent to Terminate a Tariff, good cause exists for implementing such rates;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT, pursuant to the applicable provisions of the TEXAS UTILITIES CODE notice
and hearing in this proceeding are waived, and pursuant to the representations made by
SPS in their Application and Statement of Intent to Terminate a Tariff, SPS shall be
entitled to terminate the Residential Prompt Payment Discount Rider as of June 1, 2006.
ORDERED AND RESOLVED by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade, Assistant City Attorney
A copy of the Application and Statement of Intent to Terminate the Residential Prompt
Payment Discount Rider is filed with Resolution No. 2006-R0242.
Southwestern Public Service Company d/b/a Xcel Energy has filed an
application to terminate and change electric service tariffs for service within
the City of Lubbock, Texas in compliance with Section 36.102 of the Texas
Utilities Code. Application and Statement of Intent to terminate the
Residential Prompt Payment Discount Rider is provided.
FISCAL IMPACT
SPS proposes to terminate the Residential Prompt Payment Discount rider,
which will eliminate the 2 percent prompt payment discount for residential
customers. This change only affects the Residential Class of customers, which
includes approximately 25,850 customers. The effect of this change would be
an increase in SPS's revenue. During calendar year 2005, 18,970 residential
customers in Lubbock received a total of $266,396 in prompt payment
discounts.
Steve Deaton, representative of Southwestern Public Service Company d/b/a
Xcel Energy, gave comments and answered questions from Council.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2006-RO242 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
5.7. Lease Agreement Resolution - Right -of -Way: Resolution No. 2006-RO243
authorizing the Mayor to execute a lease agreement with Bleacher's
Sports Cafe for the use of a City parking lot located at 1801 Avenue G.
RESOLUTION NO.2006-RO243
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 between the City of
Lubbock and Bleacher's Sports Cafe, and related documents. Said Lease is attached
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Page 519
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Lease is filed with Resolution No. 2006-R0243.
Bleachers Sports Cafe at 1719 Buddy Holly Avenue leased 42 parking spaces
of the Buddy Holly Center parking lot at the northwest corner of 19th Street
and Avenue F beginning May 6, 2004, for a period of two years. The owner
has requested another lease for the next two years in order for this business to
have additional parking for customers. Additional parking is required during
the evening and nighttime hours in order for the business to comply with
zoning requirements. The City will receive $210 per month, calculated as
follows: $15 per space (typically monthly downtown parking lot space rental
rate) x 42 spaces = $630 a month. Spaces will be leased for eight hours per
day. Therefore, $630 x 1/3 day = $210 due to the City per month.
FISCAL IMPACT
Monthly revenue of $210 to the General Fund.
Staff recommended approval of this resolution.
Dave Booher, Assistant Right -of -Way Agent, and Larry Hertel, City
Engineer, gave comments and answered questions from Council
Motion was made by Council Member Jones, seconded by Mayor Pro Tern
Gilbreath to pass Resolution No. 2006-RO243 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
5.11. Contract Resolution - Parks and Recreation: Resolution No. 2006-RO244
authorizing the Mayor to execute a contract with D&D Lawn Services of
Shallowater for turf maintenance for various parks and property.
RESOLUTION NO.2006-RO244
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor
of the City of Lubbock to execute a Contract by and between the City of Lubbock and
D&D Lawn Services of Shallowater for turf maintenance for park property, which
Contract and any associated documents, are attached hereto and made a part of this
Resolution for all intents and purposes.
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Page 520
Passed by the City Council this 25th day of May, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Tommy Combs
for Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
for Randy Truesdell, Community Services Director
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2006-R0244.
In 2006 Big Red Enterprises terminated their contract with the City of
Lubbock for turf maintenance of Group 1 Class A & B Parks and Properties.
The Department considered the next lowest bidder who is currently contracted
with the City for turf maintenance. The additional property would exceed the
twenty-five percent of the total contract amount which, the contract states is
not allowed. The Department then considered the next lowest bidder. The
business was no longer in operation. Therefore, the Department requested
that the maintenance of Group 1 Class A & B Parks and Properties be put out
to bid.
This project will provide for the mowing of Gateway Plaza (.25 acres), Walk
of Fame Plaza & Fountain (.50 acres), Garden & Arts Tea Terrace (.25 acres),
University Corner (.50 acres), Broadway Medians (.25 acres), Indiana
Medians (.80 acres), University Medians (6.0 acres), Groves Library (1.0
acres), Mackenzie Amphitheater (1.95 acres), Maxey Swimming Pool (.25
acres), Montelongo Swimming Pool (.25 acres), Clapp Swimming Pool (.25
acres), Patterson Library (6.0 acres), Quincy Medians (6.5 acres), N Ave Q
Strip (.40 acres), 69th & Slide (1.93 acres), McAlister Baseball Fields (5.4
acres). Mowing properties are classified as Group 1 Class A & B Parks and
Properties. The project has a total of 32.48 acres. The contract term will be
for one year and will be valid through December 31, 2006. Until the contract
is effective, the Parks Department will maintain the properties.
FISCAL IMPACT
Funding of $46,645 from General Fund, Parks and Recreation Privatization
account.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2006-R0244 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
6. REGULAR AGENDA
6.1. This item was considered following Item 6.9
6.2. This item was considered following Item 6.1.
6.3 — 6.9 were considered following Item 4.1.
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6.10. Annexation Ordinance 1st Reading - Planning: Ordinance No.
2006-00067 for annexation of an area located :in the vicinity of 98th and
Avenue P. A common name for this annexation is the Stonebridge
Community annexation.
ORDINANCE NO.2006-00067
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT
TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS, WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND
ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON
EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS
ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE
THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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 City
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 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. Staff is of the opinion that this portion of the
community will be filling out 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.
Several owners in the area northeast of 98th Street and Avenue P have
requested a contract in lieu of annexation. At the time this item was prepared,
the Planning and Legal Departments have received a draft agreement with no
response back from the lawyer representing Mr. and Mrs. Wallace. By e-mail,
staff understands staff will have one prior to the meeting, but staff do not
know the contents.
A color drawing is provided that outlines the area requested by Mr.
Betenbough as well as the area requested for inclusion by the staff.
FISCAL IMPACT
No fiscal impact is anticipated.
The Planning Department staff recommended annexation of the entire area.
City Attorney Anita Burgess and Randy Henson, Director of Planning, gave
comments and answered questions from Council. Council was advised that,
since they are in the process of considering a contract in lieu of annexation,
they could still approve this ordinance on first reading and change it on
second reading.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2006-00067 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.11. Annexation Ordinance 1st Reading - Planning: Ordinance No.
2006-00068 for annexation of an area 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). A common name for this annexation is the Shadow Hills
Estates annexation.
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ORDINANCE NO.2006-00068
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT
TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS, WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND
ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON
EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS
ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE
THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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 City 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. The staff is of the opinion that this portion
of the community will be filling out 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 the staff.
FISCAL IMPACT
No fiscal impact is anticipated.
The Planning staff recommended annexation of the entire area.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member DeLeon to pass on first reading Ordinance No. 2006-00068 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
6.12. Amendment Ordinance 1st Reading - Planning: Ordinance No.
2006-00069 amending Chapter 24 at Articles IV, VI, and VII of the Code
of Ordinances entitled Streets and Sidewalks regarding the repair and
protection of brick streets and alleys; Amending Chapter 29, Section 25
entitled Historical Preservation and Urban Design District to protect
brick streets and alleys and to set up a review process for their removal;
providing a penalty; providing a savings clause and providing for
publication.
ORDINANCE NO.2006-00069
AN ORDINANCE AMENDING CHAPTER 24 AT ARTICLES IV, VI, AND VII OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS ENTITLED
"STREETS AND SIDEWALKS" REGARDING THE REPAIR AND PROTECTION
OF BRICK STREETS AND ALLEYS; AMENDING CHAPTER 29, SECTION 25
ENTITLED "HISTORICAL PRESERVATION AND URBAN DESIGN DISTRICT"
TO PROTECT BRICK STREETS AND ALLEYS AND TO SET UP A REVIEW
PROCESS FOR THEIR REMOVAL; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
More than 12 miles of Lubbock's 997 miles of paved streets are historic
remnants of the City's earliest paving projects. These streets, primarily in
downtown Lubbock, are surfaced with paving brick installed between 1920
and 1930. The projects were initiated by the Lubbock City Commission
during a period of rapid growth in Lubbock's history, and were part of the
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City government's effort to modernize the community and encourage
economic growth.
The brick streets are lined with paving brick manufactured by the Thurber
Brick Company of Thurber, Texas. Panhandle Construction Company of
Lubbock installed all of Lubbock's brick streets, as well as many miles of
asphalt paving, during the company's history.
The streets are exceptionally durable, as most consist of a four to six inch
thick concrete base, a sand cushion, and a layer of two and one-half inch thick
vitrified, or hard fired, paving brick with joints sealed by hot tar. Vitrified
brick is an extremely dense product and each brick weighs several pounds.
Brick streets have provided a durable and long lasting pavement for
downtown Lubbock. Many segments have carried heavy traffic for more than
85 years with little required maintenance. Unfortunately, improper repairs to
utility cuts and other disturbances caused most of the damage on Lubbock's
brick streets. From 1930 to 1980, filling areas with hot mix or asphalt instead
of proper repair of the concrete base led to subsidence and failure.
In the mid-1970s, Lubbock citizens began to recognize historic preservation
as an aspect of community pride and downtown stabilization. Broadway and
its brick street surface was the centerpiece of preservation efforts. The City
Council authorized the repair of several blocks of Broadway, including the
bricking of the former esplanade west of Avenue Q. At the same time, the
City's remaining brick streets were becoming a quilt of asphalt and concrete
patches.
In February 1982, City Council passed Resolution 1024 protecting brick
streets on the recommendation of the Urban Design and Historic Preservation
Commission and the Planning and Zoning Commission. Recognizing that
brick streets are a part of the heritage of Lubbock and that preservation of this
heritage will benefit existing and future generations of Lubbock citizens, City
Council directed that any portion of any brick street surface disturbed by any
public or private agency for whatever reason be replaced in a manner
consistent with original construction.
Street Engineering prepared brick repair details for use by utility companies
and their contractors, and utility cuts and other disturbances since that time
have been repaired in a manner that maintains the integrity of the brick
surface and subsurface. Over the years, as funding and brick supplies allow,
the Street Department has repaired some of the damage from previous years.
Recent developments in North Overton, including consolidation of former
residential areas into "super blocks" led to a new drainage plan for the area.
The plan requires such a radical change of grade on loth Street that most of
the street will have to be removed and reconstructed. A re-examination of the
policy set by resolution generated this effort to determine more specific
procedures and to adopt the results by ordinance.
The Planning Department staff, with consultation from the City Engineer,
developed several general concepts based on the belief that the City should
maintain existing brick streets in most cases. The Urban Design and Historic
Preservation Commission reviewed and modified these recommendations at
its May 11, 2006, meeting. The Commission recommended that the
appropriate ordinances be amended to:
1. Provide continued protection of brick streets and alleys by requiring
appropriate repairs as outlined in the 1982 resolution and the repair details
prepared by Streets Engineering. The continued structural integrity of
brick streets depends on proper maintenance.
2. Specify that all bricks salvaged from any removal or repair will remain the
property of the City of Lubbock.
3. Specify a review process for removal that allows the Urban Design and
Historic Preservation Commission determination with appeal to the City
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Council using the same concept of review and appeal that currently
governs Lubbock Historic Landmark Certificates of Appropriateness.
To meet these objectives, four sections of the Code of Ordinances must be
amended. A section concerning preservation of brick streets as a historic
preservation issue is to be added to Section 29-25: Historical Preservation and
Urban Design District. Three sections of Section 24: Streets and Sidewalks
will be affected. Article IV: Installation of Utility Mains, Feeders and
Conduits will be revised to include the brick street repair details, and Article
VI: Paving Streets, and Article VII: Paving Alleys, will also be amended to
include brick paving issues. All three will refer to Section 29-25. Every
existing brick street or alley surface will be governed by the standards for
appropriate repair unless circumstances warrant that a section of street be
removed or replaced.
The Urban Design Commission also recognizes that occasionally conditions
may indicate a need for removal of a designated brick street surface, and that
the Commission would review such circumstances under the procedures
proposed in Section 29-25. Any ruling of the Urban Design Commission
could be appealed to the City Council.
The Commission indicated an understanding that circumstances leading to a
need for removal might include a major reconstruction of the street due to
drainage issues or a reconfiguration of streets due to aggregation of property
for redevelopment. In making a determination concerning removal of brick
streets, the Commission agreed to consider one or more of the following
factors, plus any other information presented at the time of the request:
1. Adjacent to historic or potentially historic buildings,
2. Majority of the brick surface intact,
3. Importance to neighborhood history,
4. Importance to downtown redevelopment efforts, and
5. Structural condition/indications for long-term stability.
At the staffs request, the Commission used the above criteria to review the
proposed removal of IOth Street from Avenue V to Avenue Q. After
discussion of the above factors, the Commission recommended that IOth
Street be removed and replaced with a new asphalt or concrete street so the
bricks can be salvaged and reused for repairs in other areas. Discussion
included increasing the present program of repair of previously patched areas,
bricking areas along Buddy Holly Avenue, and providing historic brick in the
areas disturbed for new water lines downtown.
FISCAL IMPACT
No fiscal impact anticipated. This is merely a codification and expansion of
an existing policy, moving it from resolution to ordinance. Broadway Brick
Repairs Capital Project includes $900,000 for repairs on Broadway.
Expansion of that program into other areas of downtown Lubbock as
suggested by the Urban Design and Historic Preservation Commission will
require additional funding.
Staff supports the recommendation of the Urban Design and Historic
Preservation Commission.
Sally Abbe, Geographic Information Systems Manager; Larry Hertel, City
Engineer; and, Lee Ann Dumbauld, City Manager, gave comments and
answered questions from Council.
Motion was made by Council Member Jones, seconded by Council Member
DeLeon to pass on first reading Ordinance No. 2006-00069 as recommended
by staff. Motion carried: 6 Ayes, 0 Nays.
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6.13. Budget Ordinance 1st Reading - Finance: Ordinance No. 2006-00070
amendment #17 amending the FY 2005-06 budget respecting the Grant
Fund, Solid Waste Fund, General Fund, North Overton TIF Fund, North
Overton PID Fund, and LP&L Fund.
ORDINANCE NO.2006-00070
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GRANT FUND; (2) SOLID WASTE FUND; (3)
GENERAL FUND; (4) LP&L FUND; (5) NORTH OVERTON TAX INCREMENT
FINANCE REINVESTMENT ZONE; AND (6) NORTH OVERTON PUBLIC
IMPROVEMENT DISTRICT. (AMENDMENT #17)
1. Accept and appropriate $168,534 of funding from the Department of
Justice for the Edward Byrne Memorial Justice Assistance Grant to
provide radio/data communications infrastructure upgrades, public safety
software, and Lubbock County technology purchases. The City is the
primary grantee, with the County as a sub -grantee. The City is responsible
for all financial tracking and reporting to the Department of Justice. This
grant does not require a local cash match.
2. Accept and appropriate $118,628 of funding from the Public Health
Preparedness Grant to provide pandemic flu preparedness activities in 13
counties, including Lubbock. The City Health Department will be
responsible for Pandemic Flu planning in Lubbock, Bailey, Cochran,
Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb, Lynn and
Motley counties. The funding allocation was set at a rate of $3,515 per
county plus an additional per capita rate of slightly over 20 cents. This
grant does not require a local cash match.
3. Authorize one full-time position in the Solid Waste Fund and adjust the
Solid Waste Fund Budget accordingly. The new position will be a Solid
Waste Foreman to supervise field equipment operators. The collection
division of the Solid Waste Fund is currently divided into 3 districts. A
fourth district is proposed to reduce the supervisor -to -employee ratio and
to insure the most efficient and effective operations and to provide better
customer service and achieve higher levels of safety and productivity. The
payroll/benefit costs for FY 2005-06 are estimated at S11,029 and
vehicle/equipment costs are estimated at $3,971. The total annual impact
of this position is estimated at $48,089.
4. Authorize one full-time position in the Business Development Department
and adjust the General Fund, North Overton Tax Increment Finance
Reinvestment Zone and North Overton Public Improvement District
budgets accordingly. The new position will be a Business Development
Specialist to address the continued growth of business development in the
city, in the tax increment finance reinvestment zones (TIFs), and in the
public improvement districts (PIDs). The position will be funded 40%
from the General Fund, 40% from the North Overton TIF and 20% from
the North Overton PID. The budget will be increased as follows for
salary, benefits and one-time costs, with estimated revenues increased
accordingly:
Business Dev. North Overton TIF North Overton PID
Salary and benefits $16,045 16,045 8,023
One-time stems 3,220 0 0
5. Appropriate additional realized revenue of $118,554 from increased
assessments in the North Overton Public Improvement District and to
authorize increased expenses related to the addition of a portion of the
payroll/benefits of $8,023 for the Business Development Specialist
assigned to the PID (see item #4), $57,000 for security, $5,000 for lighting
and $48,531 for landscaping.
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6. Appropriate additional realized revenue of $757,268 from increased
property tax revenues in the North Overton Tax Increment Finance
Reinvestment Zone and to authorize increased expenses related to the
addition a portion of the payroll/benefits totaling $16,045 for the Business
Development Specialist (see item #4) and $19,362 for the Senior Financial
Analyst. The Senior Financial Analyst (Cheryl Brock) is currently funded
100% from the General Fund. A portion of her time is spent working on
TIF related items, therefore a portion of her salary and benefits are being
shifted to the TIF. The remaining revenues will be used to reduce the
transfer from the Solid Waste Fund from $1,012,449 to $290,588.
7. Amend 7 capital projects in the LP&L Fund budget for a net increase of
$1,855,624. Specific information regarding these projects is competitive
information protected under Chapter 552.133 of the Texas Government
Code.
Staff recommended approval of the first reading of this ordinance.
Tommy Camden, Director of Health Services; Jeff Yates, Chief Financial
Officer; Mark Yearwood, Chief Information Officer; and, Lee Ann
Dumbauld, City Manager, gave comments and answered questions from
Council.
Regarding Item 2 above, Council Member Boren expressed to staff that we
need to be proactive and provide more public awareness.
Motion was made by Council Member DeLeon, seconded by Council Member
Boren to pass on first reading Ordinance No. 2006-00070 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
6.14. Ordinance 2nd Reading - Councilman Gary Boren: Ordinance No.
2006-00046 Consider an ordinance amending Chapter 1 of the Code of
Ordinances with regard to City Council oversight and governance issues;
providing a savings clause; and providing for publication.
This item was deleted.
11:37 A. M. COUNCIL RECESSED TO EXECUTIVE SESSION
2:55 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting immediately following Executive Session.
Read and approved this v day of f , 2008.
100P-
DAVID A. MILLER, MAYOR
ATTEST:
"-Q -
eb !ca Garza, City Secretary
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