HomeMy WebLinkAboutMinutes - City Council - Regular - 7/10/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
July 10, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the loth
day of July, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:31 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. miller, Mayor Pro Tem Jim Gilbreath, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Phyllis Jones, Council Member John Leonard, Council
Member Floyd Price
Absent: No one
1. CITIZEN COMMENTS
There were no citizens to express comments to Council.
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."
7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present.
2.1. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071, to discuss pending or contemplated litigation or
settlement agreement, and hold a consultation with attorney (Electric
Utility - SPS, Gas Utility - Atmos, Right -of -Way, Water Utilities).
2.2. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Civic Centers, Environmental Compliance, Water
Utilities).
2.3. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074 (a)(1), to discuss personnel matters (City Attorney,
City Manager, City Secretary) and take appropriate action.
2.4. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
2.4.1 to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.4.2 to discuss, vote and take final action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light;
2.4.3 to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency.
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July 10, 2006
Page 2
9:33 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Phyllis Jones; Council Member John Leonard; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor Miller reconvened the meeting at 9:33 A. M.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Pastor Dan Birchfield, Associate Pastor, Westminster
Presbyterian 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. Board Appointment Recognition - City Secretary.
Building Board of Appeals:
Frank Falbo
Tommy Ferguson
Lucy Gutierrez (unable to attend)
Urban Renewal/Neighborhood Redevelopment Commission:
John Rivera (unable to attend)
Zoning Board of Adjustment:
Darrell Hill (unable to attend)
Kyle Jones (unable to attend)
Citizens Traffic Commission:
Annette Castellano -Chavez
3.5. Present special recognition to City of Lubbock Parks and Recreation
Department recognizing July as National Recreation and Parks Month.
Mayor Miller presented a special recognition to the City of Lubbock Parks
and Recreation Department, recognizing July as National Recreation and
Parks Month. The National Recreation and Parks Association has designated
the month of July as Recreation and Parks month to encourage communities to
get involved in outdoor physical activities and to advocate for Parks and
Recreation programs. Public parks enhance the quality of life for residents by
providing opportunities for young people to live, grow, and develop into
contributing members of society. Nancy Neill, Public Relations/Marketing
Manager; Randy Truesdell, Director of Community Services; and Grey Lewis,
Chairman of the Parks and Recreation Board were present to accept the
recognition.
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting, June
8, 2006
Motion was made by Council Member Leonard, seconded by Council
Member Price to approve the minutes of the Regular City Council Meeting of
June 8, 2006 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
6. REGULAR AGENDA
6.3. Competitive Compensation Resolution - Councilman Gary Boren:
Resolution No. 2006-R0332 authorizing City Council to provide
competitive compensation to its civil service employees.
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RESOLUTION NO.2006-RO332
WHEREAS, we recognize that the foundation of success for Lubbock, Texas lies
in providing SUPERIOR PUBLIC SAFETY SERVICES to both citizens and visitors so
that all who come here may reside and conduct business in as safe and secure
environment as reasonably possible.
WHEREAS, we further recognize that the LUBBOCK FIRE DEPARTMENT
AND THE LUBBOCK POLICE DEPARTMENT, both who are instrumental in
protecting the life and property of our citizens, must continue to be comprised of a
sufficient number of individuals with the highest levels of TRAINING, INTEGRITY,
AND COMMITMENT.
To this end, we resolve to ensure the current and future success of the LUBBOCK
FIRE DEPARTMENT AND THE LUBBOCK POLICE DEPARTMENT through the
following:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
I. THAT, WE WILL COMMIT TO RECRUITING AND RETAINING the
most highly qualified individuals in the State of Texas so that high standards of the
Lubbock Fire Department and the Lubbock Police Department will never be
compromised.
2. THAT, as the IIth largest city in Texas, we must present a
COMPETITIVE PAY, COMPENSATION, AND BENEFIT/RETIREMENT PACKAGE
that will attract a sufficient number of high quality applicants. In order to COMPETE
for these individuals, our goal will be to place the Lubbock Fire Department and the
Lubbock Police Department within the top 10 FIRE & POLICE departments in the State
of Texas, as far as pay, compensation, and benefits/retirement.
3. THAT, we recognize that the GREATEST ASSET of any organization is
its people. In order to retain the quality individuals we recruit and promote their
continued professional development, we must provide compensation and incentives that
recognize and reward their unique skills and knowledge.
Examples of these are including, but not limited to such areas as Shift
differential pay, Longevity pay, Uniform allowance, Certificate pay for intermediate,
advanced and master certificates.
Furthermore, we will create an atmosphere that promotes continuing
education and development of new skills to meet the current and future challenges of
their perspective service.
4. THAT, we will commit to continuing to provide our FIREFIGHTERS
AND POLICE OFFICERS with the highest quality equipment, technology, and annual
research so that they may carry out their job as safely and effectively as possible.
WE WILL NEVER COMPROMISE THE SAFETY OF OUR LUBBOCK
FIREFIGHTERS AND LUBBOCK POLICE OFFICERS!
5. THAT, we will endeavor to make the Lubbock Fire Department and the
Lubbock Police Department, a model for quality, safe, effective, and efficient Fire &
Police protection throughout the State of Texas.
We will build upon the IMPECCABLE REPUTATION of the LUBBOCK
FIRE DEPARTMENT & LUBBOCK POLICE DEPARTMENT by finding creative
ways to enhance the services we provide ultimately TO OUR LUBBOCK CITIZENS BY
making LUBBOCK the MODEL AS THE SAFEST city in Texas.
6. THAT, we recognize the vase COMMITMENT, TIME, DEDICATION,
AND RISK OF LIFE REQUIRED to become a LUBBOCK FIREFIGHTER AND
LUBBOCK POLICE OFFICER.
We furthermore recognize that our FIREFIGHTERS AND POLICE
OFFICERS are HUSBAND, WIVES, PARENTS, SONS AND DAUGHTERS, AND
LASTLY, PROUD CITIZENS of the GREAT CITY OF LUBBOCK that are committed
to the safety and success of the community in which they live.
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We must ENDEAVOR TO ATTRACT, AND RETAIN these talented
individuals that are the future of not only the Lubbock Fire Department and the Lubbock
Police Department, but OF THE GREAT CITY OF LUBBOCK itself.
7. THAT, THESE COMMITMENTS OF RESOLVE WILL BE
PRESENTED TO THE CITY COUNCIL OF LUBBOCK, TEXAS IN THE 1st called
meeting of the City Council in July every two (2) years for a progress report and
adoption.
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT::
/s/ Gary Boren
Gary Boren,
Councilman
This resolution is recommended by Councilman Gary Boren.
FISCAL IMPACT
No fiscal impact is anticipated.
Council Members Boren, Leonard, and Price read Resolution No. 2006-R0332
for the record.
Fire Chief Steve Hailey and Police Chief Claude Jones gave comments and
answered questions from Council.
After further discussion, Mayor Pro Tern Gilbreath called for the question.
Vote was taken, which carried: 6 Ayes, 1 Nay. Council Member Jones voted
Nay.
Motion was then made by Council Member Boren, seconded by Council
Member Leonard to pass Resolution No. 2006-RO332 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
5. CONSENT AGENDA (Items 5.1-5.6, 5.10-5.17, 5.19, 5.24-5.25, 5.28, 5.30,
5.32-5.34 )
Motion was made by Council Member Gilbreath, seconded by Council Member
Leonard to approve Items 5.1-5.6, 5.10-5.17, 5.19, 5.24-5.25, 5.28, 5.30, 5.32-5.34 on
consent agenda as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.1. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No.
2006-00049 Consider an ordinance abandoning and closing a
transformer pad easement in Lot 2-C Aberdeen Place, a Townhouse
Subdivision to the City of Lubbock located at 1805 Albany Avenue.
ORDINANCE NO.2006-00049
AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD
EASEMENT LOCATED IN LOT 2-C, ABERDEEN PLACE, A TOWNHOUSE
SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance was read the first time at the April 26th, 2006, City Council
meeting as a routine consent agenda item. The ordinance abandons and closes
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a transformer pad easement located in the northeast corner of Lot 2-C,
Aberdeen Place Addition that was previously dedicated to Lubbock Power &
Light by plat. This easement is located just north of 19th Street on the east
side of Albany Avenue and is being closed for development purposes and is
no longer needed by Lubbock Power & Light.
FISCAL IMPACT
No fiscal impact.
Staff recommended approval of the second reading of this ordinance.
5.2. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No.
2004-00089 Consider an ordinance abandoning and closing a portion of
East 47th Street just west of Locust Avenue in Section 6, Block B,
Lubbock County, Texas, street closure located at 4702 Locust Avenue.
ORDINANCE NO.2004-00089
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST
47TH STREET LOCATED IN SECTION 6, BLOCK B, IN THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance was read the first time at the August 26, 2004, City Council
meeting as a routine consent agenda item. The final plat was recently
submitted. This ordinance abandons and closes a 0.786 acre (34,238.16 square
foot) portion of East 47th Street just west of Locust Avenue adjacent to Lot 3,
Block 8, Burlington Industrial Addition #2 for replat purposes. The South
Plains Food Bank is the requestor of the street closure and they desire to
expand their parking area and business. Originally they were going to be
charged $1,667 for this street closure since they were not the original street
dedicator. They have since granted the City a street dedication across a
portion of their property on North Loop 289 to access a City tract of land, the
value of which will offset the area being closed.
FISCAL IMPACT
No fiscal impact.
Staff recommended approval of the second reading of this ordinance.
5.3. Budget Ordinance 2nd Reading - Finance: Ordinance No. 2006-00077
Consider budget ordinance amendment #19 amending the FY 2005-06
budget respecting the General Fund, Grant Fund, Airport Fund, Water
Fund, Wastewater Fund, Solid Waste Fund, Capital Improvement
Program, Market Lubbock, Inc., Lubbock Economic Development
Alliance, Lubbock Convention & Visitors Bureau, and Lubbock Sports
Authority.
ORDINANCE NO. 2006-00077
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) GENERAL FUND; (2) GRANT FUND; (3)
AIRPORT FUND; (4) WATER FUND; (5) WASTEWATER FUND; (6) SOLID
WASTE FUND, (7) CAPITAL IMPROVEMENT PROGRAM; (8) MARKET
LUBBOCK, INC.; (9) LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE; (10)
LUBBOCK CONVENTION & VISITORS BUREAU; AND (11) LUBBOCK SPORTS
AUTHORITY. (AMENDMENT #19)
1. Accept and appropriate $463 of funding from the Texas State Library and
Archives Commission. The new amended total grant award amount is
$78,068 to fund the Interlibrary Loan Center. The original $77,605 grant
award amount was appropriated by the City Council on October 13, 2005.
2. Accept and appropriate $33,750 of funding from the Texas State Library
and Archives Commission for the Gates Foundation Public Access
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Computer Hardware Upgrade Grant Program. This funding will be used to
replace hardware installed in 2000 and funded through the original Gates
Foundation Grant. Twenty-seven computers will be installed at Mahon,
Groves, and Patterson libraries for public access to the Internet and for
computer instruction.
3. Transfer $2,500 from Capital Improvement Project 9163 — New Terminal
Public Seating to Capital Improvement Project 8477 - Industrial Building
Repair. Transfer $19,000 from Airport Operating Budget, Administration
and Field Maintenance Cost Centers, to Project 8477 Industrial Building
Repair. These funds will be used to demolish both Eastport District
warehouses.
4. Establish a new Capital Improvement project for TxDOT Traffic Signals
and to appropriate $40,261 to the new project. The cost of this project will
be reimbursed through a cooperative agreement with TxDOT. A new
traffic signal will be installed at FM 1585 and two existing signals will be
upgraded. The City will be responsible for maintaining the equipment.
5. Amend the approved FY 2005-06 Master Lease Program by adding a
walk-in freezer and two 7.5-ton HVAC units for the Lubbock Animal
Shelter. The Animal Shelter is not allowed to incinerate after sunset and is
required to have a sanitary holding area to house animal cadavers until
incineration is possible. The current walk-in freezer at the Animal Shelter
is inadequate and has become too costly to maintain. The total cost of a
new properly sized freezer is $23,500. New HVAC units are needed
because existing units are at the end of their useful life. Currently, there
are four 3-ton units in the facility. The Facilities Management Department
recommended replacing these units with two 7.5-ton units. The new units
will be installed outside the facility and can be relocated to another
facility, if necessary. The cost of the units and installation is $20,000. The
master lease payments for this new equipment will be included in the FY
2006-07 Operating Budget.
6. Appropriate $105,000 from the Solid Waste fund balance for two certified
deputies or correctional officers, fuel for two vehicles, and supplies. These
funds will be used to partner with Lubbock County for the use of County
inmates to assist with City projects and other miscellaneous jobs as
needed. The annual cost of this program is $90,000 for the officers,
$10,000 for fuel, and $5,000 for supplies. Each officer will oversee five to
seven inmates. The inmates will work on a full-time basis and the work
will be scheduled to provide coverage seven days a week.
7. Appropriate $23,860 from the General Fund fund balance for the purchase
and installation of a video playback system for the Public Information
Office. The purchase for this equipment was made on June 8, 2006, per
subchapter 252.022(3) of the Texas Local Government Code "because of
unforeseen damage to public machinery, equipment, or other property".
City News Channel 2 (CNC-2) uses the playback system to broadcast
programs from the CNC-2 studios to Cox Communications for view by
cable customers. The existing system was damaged after a power surge
related to a severe weather event occurred in late May.
8. Transfer $300,000 from Capital Improvement Program (CIP) project
#9567 — Pump Station Rehabilitation to CIP project #91049 — Water
Meter Replacements. City Council approved additional funds in FY 2005-
06 to fund a large meter change out program. Large meters consist of
meters three inches and greater and generally serve non-residential
customers with higher consumption. Before the project was approved,
staff determined that there were 80 large meters in the system that were
not functioning or were not functioning accurately. A replacement plan
was developed to change out these meters within three years. The
projected revenue lost due to outdated and malfunctioning large meters for
FY 2005-06 is $500,000. Staff planned to change out 27 meters in 2006.
The program has been so successful that, at the end of July, staff will have
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replaced 52 large meters and will have exhausted the appropriated
funding. This amendment will provide the funding necessary to keep this
program moving forward.
9. Transfer $64,000 from Capital Improvement Program (CIP) project #9567
— Pump Station Rehabilitation to CIP project #91034 — Water Line
Replacement. The two-inch water line located at Avenue J, between 19th
Street and 23rd Street was installed in 1952. City records and recent
complaints regarding service from this line require replacement of the line,
which serves both residential and commercial customers. This amendment
will provide the funding necessary to replace the line.
10. Transfer $50,000 from Capital Improvement Program (CIP) project #9567
— Pump Station Rehabilitation to CIP project #8514 — Water Treatment
Plant Evaluation. This project will identify improvements necessary to
maintain or extend the life of, increase efficiency of, and to ensure the
future regulatory compliance of the water treatment plant and its
associated facilities. City Council has previously appropriated $250,000
for this evaluation. This amendment will provide the additional funding
necessary to ensure that the City receives the appropriate level of
information necessary to guide future improvements and modifications.
11. Transfer $40,000 from Capital Improvement Program (CIP) project #9567
— Pump Station Rehabilitation to CIP project #8515 — Pump System
Evaluation. This project will identify improvements necessary to maintain
or extend the life of, increase efficiency of, and to ensure the future
regulatory compliance of the water distribution pumping system. City
Council has previously appropriated $250,000 for this evaluation, which
includes the collection of information required by the state and due by
October 2006. This amendment provides funding necessary to ensure that
the City receives the appropriate level of information necessary to develop
plans for future improvements and expansions, and to meet the state
mandated deadline for submitting information collected from the
distribution system.
12. Transfer $50,000 from Capital Improvement Program (CIP) project #9567
— Pump Station Rehabilitation to CIP project #90352 — South Lubbock
Well Field. This account was reduced by $5.35 million when the Pump
Station #10 Well Field project was not recommended for completion due
to increasing costs. The elimination of the project did not allow for the
completion of outstanding engineering contracts. Therefore, funding is
needed to finish payment on existing contracts. An amendment to the
scope of services will eliminate some tasks no longer necessary and
provide projections on the impact of heavy pumping (25,000 AF annually)
on the Bailey County Well Field.
13. Transfer $464,895 from Capital Improvement Program (CIP) project
#9567 — Pump Station Rehabilitation and $35,105 from CIP project
#91035 — Water Lines Ahead of Street Paving to CIP project #90273 —
Major Water Line Replacement (34th Street). Phase I of this project was
completed three months ahead of schedule. This includes the preliminary
engineering report developed by HDR Engineering, Inc., which includes
the route and the preliminary design. In an effort to keep this project
moving forward, staff recommended additional funding for the
improvements design.
14. Transfer $227,895 from Capital Improvement Program (CIP) project
#91035 — Water Lines Ahead of Street Paving and $272,105 from
increased metered revenues in the Water Fund to CIP project #90274 —
Downtown Water System Improvements. Phase 1 of this project was
completed three months ahead of schedule and includes the preliminary
engineering report developed by HDR Engineering, Inc., which includes
the route and the preliminary design. In an effort to keep this project
moving forward, staff is recommending funding to allow the design of the
improvements.
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15. Amend Capital Improvement Program (CIP) projects in the Sewer Fund
by appropriating an additional $250,000 in Waste Water Fund balance.
The increase is for CIP project #8509 — Sewer Collection System Master
Plan. The additional funding will allow the study to begin and allow the
installation of meters to record flows resulting from rainfall events. The
implementation of this program is time -critical; a delay could result in
metering during the dry season, resulting in poor data for the computer
model. The contract along with the scope of work has been negotiated
with Carter and Burgess Engineering and is currently pending approval
following the final approval of this amendment.
16. Appropriate additional estimated revenue of $800,000 from increased —
metered revenues and appropriate $665,000 of Water fund balance for
increased electric expenses, billing system modifications, and expanded
public relations expenses. Electric rates have exceeded budgeted
projections for FY 2005-06 and increased electric rates charged to the
Canadian River Municipal Water Authority (CRMWA) by their electric
provider have caused Water's electric expenses to increase. The addition
of $1.25 million to the operating budget will cover expenses related to
electricity based on projected consumption for the remainder of the year
and will ensure that funding is available to pay the City's share of the
CRMWA project's operational costs. The addition of $65,000 to the
operating budget for billing system modification will fund expenditures
associated with the purchase of the bill print and folding equipment related
to the implementation of a new rate structure. This amendment will
minimize delays in acquiring the equipment necessary to print and send
the revised utility bill. The Lubbock Water Advisory Commission has
recommended that the City increase its water related public education and
information program. The addition of $150,000 to the operating budget
will help encourage greater conservation efforts and will provide more
citizens with information on Lubbock's water needs and plans.
17. Appropriate additional estimated revenues of $200,000 from increased
metered revenues in the Wastewater Fund for increased electric expenses. —
Electric rates have exceeded budgeted projections for FY 2005-06. The
addition of $200,000 to the operating budget will cover expenses related to
electricity based on projected consumption for the remainder of the year.
18. Appropriate $81,800 of General Fund Balance to the Grant Fund to fund
previously expended ineligible costs. The ineligible costs were identified
through the grant review process as part of the newly implemented
"Grants Management Policy." This appropriation will balance the grant
funds that are no longer active and will allow the grants to be closed.
19. Amend Market Lubbock Inc.'s budget by $63,000 and increase revenues
accordingly. The amended budget from Market Lubbock, Inc. is provided
and details the increases in expenditures. The increase in revenues is
related to an increase in interest earnings from investments.
20. Amend Lubbock Economic Development Alliance Inc.'s (LEDA) budget
by $796,576 and increase revenues accordingly. The amended budget
from LEDA incorporates revised sales tax revenues that correspond to the
sales tax revenues as approved in the City's FY 2005-06 Adopted Budget.
The amendment also includes funding received from Market Lubbock Inc.
in the amount of $600,000. The amended budget from LEDA is provided
and details the increases in expenditures.
21. Amend Lubbock Convention & Visitors Bureau's budget by $434,439 and
increase revenue accordingly. The amended budget from Visit Lubbock
incorporates revised hotel/motel tax revenues that correspond to the
hotel/motel tax revenues as approved in the City's FY 2005-06 Adopted
Budget. The amended budget from Visit Lubbock is provided and details
the increases in expenditures.
22. Amend Lubbock Sports Authority's budget by $2,950 and increase
revenues accordingly. The amended budget from Lubbock Sports
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Page 9
Authority is provided and details the increases in expenditures. The
increase in revenues is related to an increase in interest earnings from
investments.
FISCAL IMPACT
Included in Item Summary.
Staff recommended approval of the second reading of this ordinance.
5.4. Zone Case No. 2909-A (north of 66th Street and west of Justice Avenue)
Ordinance 2nd Reading - Planning: Ordinance No. 2006-00072
Consider request of CMS Properties (for S&S Commercial Properties,
Ltd.) for a zoning change from A-1 to IHC on a 12.7 acre unsubdivided
tract of land out of Section 36 Block AK, and to consider ordinance.
ORDINANCE NO.2006-00072
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2909-A; A ZONING CHANGE FROM A TO IBC
ZONING ON A 12.7 ACRE TRACT OF UNSUBDIVIDED LAND OUT OF
SECTION 36, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
The applicant is requesting that a portion of a tract between 66th Street and
Spur 327, west of Iola, be zoned from A-1 to IHC as the property to the east
and west is zoned.
Adjacent land uses:
N — IHC zoning
S — single family
E — IHC zoning
W — IHC zoning
The request is consistent with the Comprehensive Land Use Plan. With
regard to zoning policy, staff will request the same conditions that exist on the
parent parcel to the west.
The change should have little effect on the thoroughfare system. With the
overbuilt status of apartments in Lubbock for the near future, the market for
the A-1 is not existent.
The following conditions were attached to the original case in 2001 for the
IHC portion to the west:
1. A 60-foot setback for single story and 75 feet for two or more stories from
66th Street shall be minimum.
2. For parcels developed adjacent to Spur 327 and 66th Street, a 10%
landscape requirement be adopted versus the standard 5%.
With the conditions noted above, the Planning Commission recommended
approval of the request
FISCAL IMPACT
No fiscal impact.
Staff supports the recommendation of the Planning Commission
5.5. Zone Case No. 2984-D (west of Milwaukee Avenue from 37th Street to
43rd Street) Ordinance 2nd Reading - Planning: Ordinance No.
2006-00073 Consider request of CMS Properties (for S&S Commercial
Properties, Ltd) for a zoning change from C-2 to C-3 on a 6.20 acre tract
of unsubdivided land out of Section 38 Block AK, and to consider
ordinance.
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ORDINANCE NO.2006-00073
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2984-1); A ZONING CHANGE FROM C-2 TO C-3
ZONING ON A 6.20 ACRE TRACT OF UNSUBDIVIDED LAND OUT OF
SECTION 38, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
The applicant is requesting that a parcel located south of 37th Street to the
alley south of 38th Street across Milwaukee Avenue be zoned from C-2 to
C-3.
Adjacent land uses:
N — vacant commercial
S — vacant commercial
E — residential across Milwaukee
W — residential under development
Since the land is already zoned commercial, there is no real Comprehensive
Land Use Plan policy discussion other than an attempt to maintain the
integrity of the residential across Milwaukee Avenue. Moving to the C-3 adds
"convenience store with gasoline", "carwash", "tire battery and accessory",
"grocery stores", and "discount centers" to the permitted uses on the property.
Properly buffered, these uses may not be a detraction from the residential that
has been long existing and the new residential that is developing to the west.
The original approval of the strip zoning contained a measure of protection
with landscape buffering for the residential across Milwaukee Avenue and the
same site plan for buffering along Milwaukee Avenue will be requested for
this case, if approved. In addition, a better than minimum screening wall may
benefit the new residential area to the west.
The strip zoning was supported by staff in the last case because of the
presence of the railroad and the M-1 or IDP just to the south of the
subdivision on the east side. As noted, the area between 35th Street and 39th
Street east of Milwaukee Avenue deserves some protection as having been in
place for years. The southeast corner of 34th Street and Milwaukee Avenue
meets the ten acre allotment of commercial as described by the
Comprehensive Land Use Plan and is partially occupied.
The Planning Commission recommended approval of the request with the
following conditions:
1. Tied to the original amount of landscape buffering along Milwaukee
Avenue proposed in Zone Case 2984A.
2. The development will be tied to the Zone Case 2984A landscape portion
of site plan indicating the proposed landscape buffer areas and the
proposed number of driveway access points on the Milwaukee Avenue
frontage. Prior to the sale of any portion of the tract or a construction
permit on any portion of the tract, the Planning Commission shall review a
detailed landscape plan with curb returns as originally proposed. The
materials proposed for the screening fence on the west line shall be
specifically discussed during the site plan review.
The case was originally presented as C-2A. In a subsequent zone case, a
request was granted to allow C-2. The continuing request for heavier uses
across from the residential area is a concern for staff. After the discussion
during the Commission meeting and the addition of the conditions, the staff
supports the recommendation of the Planning Commission.
FISCAL IMPACT
No fiscal impact.
The staff supports the recommendation of the Planning Commission.
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Regular City Council Meeting
July 10, 2006
Page 11
5.6. Zone Case No. 3062 (east of Milwaukee Avenue from 106th Street to
114th Street) Ordinance 2nd Reading - Planning: Ordinance No.
2006-00074 Consider request of Hugo Reed and Associates, Inc. (for
Carl Mortensen) for a zoning change from T to C-2 on a 21.2 acre tract of
unsubdivided land out of Section 21 Block AK, and to consider
ordinance.
ORDINANCE NO.2006-00074
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3062; A ZONING CHANGE FROM T TO C-2
ZONING ON A 21.2 ACRE TRACT OF UNSUBDIVIDED LAND OUT OF
SECTION 21, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Previous zone cases have provided strip zoning of parcels including areas
south of 107th Street east of Slide Road, parts of 82nd Street, a strip on
University Avenue and portions of Frankford Avenue - to name a few recent
cases. These cases have prompted the development community to not only
want to continue the Comprehensive Plan principle of ten -acre parcels at each
corner of major thoroughfares but also to accomplish strip zoning. Discussion
during those cases revealed that staff is willing to discuss with the
development community and the Planning Commission the advisability for
such a change in policy. That discussion has yet to be undertaken. Although
the following items are not presented to adversely affect approval of this case,
some of the issues involved in such a transition, having ten acre corners and
strip centers along the thoroughfares, include:
1. Without a major effort, curb cuts will increase along thoroughfares,
reducing the viability of their major purpose — that is to move large
volumes of traffic at higher speeds across town. That purpose is in direct
conflict with the concept of every retailer that thoroughfares exist to
provide them a front door to the buying public. A delicate balance has to
be accomplished to meet the objectives of the public and the private
sectors.
2. During previous discussions, staff confirmed that the current
Comprehensive Land Use Plan was not designed to intentionally eliminate
strip commercial. The primary emphasis is to congregate commercial uses
at major thoroughfares with the use of common parking lots, as well as the
reduction in points of conflict (curb cuts) between mile sections. Strip
commercial, if the market exists and curb returns are carefully controlled,
will serve the same public purpose.
3. A third factor in strip development, when included with the fact that the
"ten acre rule" remains in existence, is that the potential exists to zone too
much commercial property. The market cannot and will not consume as
much commercial as has been zoned in the last few years, and the eventual
consequence may be:
• The land price will be driven beyond the ability to return to residential
values without someone losing a significant amount of money. Some
believe the market should shake out the results, but forcing bankruptcy
should not be an official policy for any city government.
• The change to commercial may jeopardize the ability for the land to
return to residential or any other viable buffer use, creating a visual
land use "mess" for the public. And, staff are all in this together.
With regard to the current case, as in the last, staff is willing to let the market
be tested by the owners of the land that have the most to lose. But, with
conditions that will continue to protect the public.
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Regular City Council Meeting
July 10, 2006
Page 12
Adjacent land use in this area:
N — vacant,
S — vacant
E — residential
W — vacant
The proposal is not within current Comprehensive Land Use Plan policy. The
proposed ordinance contains wording that will amend the Comprehensive
Land Use Plan if this request is approved.
The Planning Commission recommended approval with the following
conditions:
1. One curb cut will be permitted on Milwaukee Avenue for each of the four
parcels. Otherwise, all parcels will be served from curb cuts on the
east/west streets as they are platted.
2. Prior to sale of parcels between dedicated streets, the developer shall
devise a public access easement for those parcels that may eventually not
have access to a public east/west street or the curb cut noted in #1.
3. A site plan review for the materials proposed for the screening fence shall
be reviewed by the Planning Commission prior to the first construction
permit.
4. The developer shall have a back-up plan for alternate uses should the
commercial not become viable.
FISCAL IMPACT
No fiscal impact.
The staff supports the recommendation of the Planning Commission.
5.7. This item was moved from consent agenda to regular agenda and
considered following Item 5.34
5.8. This item was moved from consent agenda to regular agenda and
considered following Item 5.7.
5.9. This item was moved from consent agenda to regular agenda and
considered following Item 5.8.
5.10. Acceptance of Water and Sanitary Sewer Improvements Resolution -
Water Utilities: Resolution No. 2006-RO333 authorizing acceptance of
water and sanitary sewer improvements for Lots 1-275 and Tracts A-C,
Willow Bend Addition to the City of Lubbock, Lubbock County, Texas,
bound by 8th and 18th Streets and Inler and Kelsey Avenues.
RESOLUTION NO.2006-RO333
A RESOLUTION ACCEPTING LOTS 1 — 275 & TRACTS A — C, WILLOW
BEND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1 — 275 & Tracts A — C, Willow Bend
Addition to the City of Lubbock, Lubbock County, Texas, has complied with the
provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in
providing the water and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $811,270.10 with the
improvements constructed by Utility Contractors of America, having a value of
$748,398.60 as determined by the unit prices established by said Chapter 28, and
$62,871.50 cash paid to the City, which amount includes $47,912.53 cash for adjacent
lines, with Catcus Pointe, Ltd., the developer, to receive a refund of $146,900.67 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Regular City Council Meeting
July 10, 2006
Page 13
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $146,900.67 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin P.E., Chief Water Utilities Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney/Office Practice
This is a routine transfer of ownership of water and sanitary sewer lines
installed in new subdivisions, from the developer to the City. The system is
added to the City of Lubbock system inventory.
The size and length of water lines are as follows:
4" pipe: 2,112.3 LF
6" pipe: 3,736.6 LF
8" pipe: 8,848.0 LF
10" pipe: 312.0 LF
12" pipe: 3,207.7 LF
The size and length of sanitary sewer lines are as follows:
6" pipe: 7,350.9 LF
8" pipe: 3,069.5 LF
10" pipe: 2,707.6 LF
Number of manholes: 46
This subdivision is located between 8th and 18th Streets and between Inler
and Kelsey Avenues.
FISCAL IMPACT
The system, when accepted, will be maintained by the City and will produce
revenue through the sale of services to the public.
Staff recommended approval of this resolution.
5.11. Grant Acceptance Resolution - Emergency Management: Resolution No.
2006-RO334 authorizing the Mayor to accept funding through the
Emergency Management Performance Grant.
RESOLUTION NO.2006-RO334
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Regular City Council Meeting
July 10, 2006
Page 14
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to accept funding on behalf of the City of Lubbock through the
Emergency Management Performance Grant. Notice of the Grant Award 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 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Kevin Overstreet
Kevin Overstreet,
Emergency Management Coordinator
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
The City has participated in the Emergency Management Performance Grant
(EMPG) for many years. This grant is administered through the Governor's
Division of Emergency Management and allows the City to ask for
reimbursements of funds used for necessary and essential expenses involved
in the development, maintenance, and improvement of the City's emergency
management capabilities for disasters and emergencies that may result from
natural disasters or accidental or man -caused events. Funds are allocated
according to risk and to address the most urgent local needs in disaster
mitigation, preparedness, response, and recovery.
FISCAL IMPACT
The maximum reimbursement that the City may receive from the program is
$126,000. This is budgeted through the annual operating budget process.
Matching funds have been appropriated.
Staff recommended approval of this resolution.
5.12. Grant Application Resolution - Citibus: Resolution No. 2006-RO335
authorizing the Mayor to sign the Master Grant Application Part I with
the Texas Department of Transportation.
RESOLUTION NO.2006-RO335
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 Master Grant Application
Part 1 with the Texas Department of Transportation (TxDOT) of Austin, Texas, and any
other related documents. Said Master Grant Application Part 1 is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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Regular City Council Meeting
July 10, 2006
Page 15
Passed by the City Council this t Oth day of July 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Master Grant Application Part 1 is filed with Resolution No.
2006-R0335.
In an effort to streamline the grant application process, the Texas Department
of Transportation (TxDOT) has developed a Master Grant Application that
will be used for all TxDOT grants that are executed each year. This
application will be included with all grant applications that are submitted to
TxDOT during the upcoming fiscal year.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution
5.13. Street Use License Resolution - Right -of -Way: Resolution No.
2006-RO336 authorizing the Mayor to execute a street use license with
Texland Petroleum, L.P., for the use of a dedicated street to construct and
maintain an underground pipeline to transport and dispose of salt water
from oil production, license to be located at 1302 North Guava Avenue.
RESOLUTION NO.2006-RO336
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 Street Use License for an
underground pipe line, by and between the City of Lubbock and Texland Petroleum, L.P.,
and related documents. Said License is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
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Regular City Council Meeting
July 10, 2006
Page 16
Passed by the City Council this 1 Oth day of July, 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/ Linda L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice Section
A copy of the License is filed with Resolution No. 2006-RO336.
This license was originally issued to Texland Petroleum, Inc. on June 26,
1986, to construct and maintain a pipeline to transport and dispose of salt
water that crosses North Guava Avenue approximately 1600 feet north of the
intersection of Erskine Street and North Guava Avenue. The licensee has
requested to renew this license for an additional 20 years. The minimum
payment for this 20-year license is $50 per year and is payable every five
years in advance, or $250 for each five-year period.
FISCAL IMPACT
Annual revenue of $50.
Staff recommended approval of this resolution.
5.14. Street Use License Resolution - Right -of -Way: Resolution No.
2006-RO337 authorizing the Mayor to execute a street use license with
Texland Petroleum, L.P., for the use of a dedicated street to construct and
maintain an underground crude oil flow pipeline for secondary recovery
operations for oil production, license to be located at 1609 Kent Street.
RESOLUTION NO.2006-RO337
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 Street Use License for an
underground pipe line, by and between the City of Lubbock and Texland Petroleum, L.P.,
and related documents. Said License is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
1C
Regular City Council Meeting
July 10, 2006
Page 17
Passed by the City Council this 1 Oth day of July, 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/ Linda L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice Section
A copy of the License is filed with Resolution No. 2006-RO337.
This license was originally issued to Texland Petroleum, Inc. on June 26,
1986, to construct and maintain a crude oil flow line that crosses Kent Street
approximately 617 feet west of the intersection of Kent Street and Avenue P.
The licensee has requested to renew this license for an additional 20 years.
The minimum payment for this 20-year license is $50 per year and is payable
every five years in advance, or $250 for each five-year period.
FISCAL IMPACT
Annual revenue of $50.
Staff recommended approval of this resolution.
5.15. Right -of -Way Ordinance 1st Reading - Right -of -Way: Ordinance No.
2006-00078 abandoning and closing an underground street light cable
easement in Lot 6, Hillcrest South Addition to the City of Lubbock,
closure located at 2612 Madison Street.
ORDINANCE NO.2006-00078
AN ORDINANCE ABANDONING AND CLOSING A 2-FOOT
UNDERGROUND STREET LIGHT CABLE EASEMENT FOR LP&L LOCATED IN
LOT 6, IN HILLCREST SOUTH ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSINGL PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance abandons and closes an underground street light cable
easement located in the east two feet of Lot 6, Hillcrest South Addition to the
City of Lubbock that was previously dedicated by plat to Lubbock Power &
Light. This easement is being closed for building purposes and a new
easement has been dedicated in a re-replat. Lubbock Power & Light is in
agreement with this easement closure.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution.
5.16. Right -of -Way Ordinance 1st Reading - Right -of -Way: Ordinance No.
2006-00079 abandoning and closing a 20-foot alley east of Avenue T
between 7th Street and Glenna Goodacre Boulevard in Block 30, Overton
Addition to the City, alley closure located at 1902 Glenna Goodacre
Boulevard.
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Regular City Council Meoting
July 10, 2006
Page 18
ORDINANCE NO.2006-00079
AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT ALLEY
LOCATED IN BLOCK 30, OVERTON ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This alley portion in the Overton Addition is being closed as part of the North
Overton redevelopment project. The 20-foot by 600-foot alley being closed is
located between Avenue T and Avenue S and between 7th Street and Glenna
Goodacre Boulevard, and will be replatted into Tract 20, Overton Park
Addition. The requestor of this alley closure will dedicate in the replat a new
alley to replace this alley.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of this resolution.
5.17. Appointment of Associate Judges Resolution - Municipal Court:
Resolution No. 2006-RO338 for the re -appointment of Associate Judges of
the Municipal Court.
RESOLUTION NO.2006-RO338
WHEREAS, Subsection 30.00008(b) of the Government Code of the State of
Texas provides that the governing body of the City of Lubbock may appoint one or more
temporary substitute judges for the Lubbock Municipal Court of Record; and
WHEREAS, such temporary substitute judges shall meet the same qualifications
to serve as are required of a regular municipal judge; and
WHEREAS, the City Council of the City of Lubbock has determined that it is in
the best interest of the citizens of the City of Lubbock to appoint the following named
persons as temporary substitute judges for the Municipal Court of Record; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the following named persons are hereby appointed temporary
substitute judges of the Lubbock Municipal Court of Record.
Barbara Dickerson Enrique Martinez
Michele Hart Dwight McDonald
Jorge Hernandez Jesse Mendez
Jan Blacklock Matthews
SECTION 2. THAT said temporary substitute judges shall serve as needed and at
the pleasure of the Presiding Judge of the Lubbock Municipal Court and said temporary
substitute judges shall receive such pay as shall be provided for such positions by the
City Council in the annual City of Lubbock budget.
Regular City Council Meeting
July 10, 2006
Page 19
Passed by the City Council on this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Doty
Robert Doty, Municipal Judge
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
Associate Judges of Municipal Court are part-time positions, appointed for
two-year periods. All seven current associates were re -appointed or appointed
in 2004. Six of the judges function as Night Magistrates at the City holding
facility. The seventh associate, Jan Matthews, primarily handles juvenile
hearings and occasionally fills in for the Presiding Judge at hearings or trials
as needed. The seven re -appointments are as follows:
-Jan Blacklock Matthews
-Enrique Martinez
-Jorge Hernandez
-Michele Hart
-Barbara Dickerson
-Jesse Mendez
-Dwight McDonald
FISCAL IMPACT
The Associate Judges are paid as contract labor, on a $50/hour basis. This
expense is already included in the annual budget for Municipal Court.
Therefore, there is no additional financial impact associated with the proposed
re -appointments.
Presiding Judge recommended adoption of the resolution.
5.18. This item was moved from consent agenda to regular agenda and
considered following Item 5.9.
5.19. Interlocal Agreement Resolution - Traffic: Resolution No. 2006-RO339
authorizing the Mayor to execute an interlocal agreement with the Texas
Department of Transportation for furnishing and installing traffic signal
equipment at various state highways within Lubbock city limits.
RESOLUTION NO.2006-R0339
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute an Agreement for Furnishing and Installing
Traffic Signal Equipment and any associated documents by and between the City of
Lubbock and the Texas Department of Transportation for various state highways within
the City limits of Lubbock, which Agreement is attached hereto and made a part of this
Resolution for all intents and purposes.
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Regular City Council Meeting
July 10, 2006
Page 20
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeryl D. HartJr
Jeryl D. Hart, Jr., P.E., Traffic Engineer
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the Agreement is filed with Resolution No. 2006-R0339.
Pursuant to this agreement, the state will reimburse the City for the cost of
traffic signal equipment and labor at three locations: MLK Blvd and
d
84/East Loop 289 (upgrade), North University and Loop 289 (upgrade), an
Indiana Avenue and FM 1585 (new). The City will furnish and install the
equipment to ensure compatidilmain enancith e This agreement t isal ysimilarfor to
communications, operations, an
several other agreements with TxDOT for similar purposes.
FISCAL IMPACT
The two upgrade locations will have little to no fiscal impact to the City as
TxDOT has contracted with the City to maintain them. The signal at Indiana
Avenue and FM 1585 will become the City's responsibility after completion
of construction and will add about S400/year power costs and approximately
S800/year in maintenance costs.
Staff recommended approval of this resolution.
5.20. This item was moved from consent agenda to regular agenda and
considered following Item 5.18.
5.21. This item was moved from consent agenda to regular agenda and
considered following Item 6.4.
5.22. This item was moved from consent agenda to regular agenda and
considered following Item 5.21.
5.23. This item was moved from consent agenda to regular agenda and
considered following Item 5.22.
5.24. Settlement Agreement Resolution - Water Utilities: Resolution No.
2006-RO340 authorizing the Mayor to execute a release and settlement
agreement with Stauffer Management Company LLC and Bayer
CropScience USA Inc., successor
merger
along 2601 North Quaker
Company, regarding an easement located at or
Avenue.
RESOLUTION NO.2006-RO340
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 Release and Settlement
Agreement between the City of Lubbock and
neTaerfer Management to Stauffer Chemi�al Company, and
Bayer CropScience USA Inc., successor by g
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Regular City Council Meeting
July 10, 2006
Page 21
any other related documents. Said Release and Settlement Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 1 Oth day of July 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/ Richard Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Release and Settlement Agreement is filed with Resolution No.
2006-R0340.
A settlement agreement is proposed between Stauffer Management Company
LLC and Bayer CropScience USA Inc (Stauffer) and the City concerning the
disposition of pesticide contaminants in an approximate 300 foot segment of
the easement located at North Quaker Avenue and Clovis Road containing the
City's Bailey County potable water pipeline.
From the 1950s through the mid 1980s the former Stauffer Chemical
Company mixed and distributed pesticides in the vicinity of North Quaker
Avenue and Clovis Road. The City received notice of related groundwater and
soil contamination in 2003 and 2004, and monitored testing that continued
under Texas Commission on Environmental Quality (TCEQ) direction in
2005-06. Approximately ten pesticides, including DDT, Endrin, and
Toxaphene were found in the City's easement containing our 45 inch potable
water pipeline connecting to the Bailey County well fields.
Following multiple meetings with Stauffer and TCEQ regulatory personnel, it
became clear that TCEQ will allow Stauffer to simply install a permanent cap
over the pesticide contaminants and leave them in place, rather than following
the City's recommendation to remove a large proportion of the contaminants
and install an impermeable wall between Stauffer property and the City's
easement. The City's original proposal was based on concern that, in the event
of a leak, pesticides could enter the pipeline if the pipeline pressure dropped.
A second concern was that pesticides washed from the easement would
constitute a new release and trigger cleanup responsibilities for the City under
Resource Conservation and Recovery Act requirements.
Under terms of the agreement, Stauffer will pay the City an amount required
to remove the contaminants and install the protective barrier, and leave all
easement contaminants in place. In the event of a leak, the segment of the
pipeline passing through the contaminated area will be relocated to a non -
contaminated area, funded in part by settlement funds rather than repaired.
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Regular City Council Meeting
July 10, 2006
Page 22
FISCAL IMPACT
Stauffer Management Company will pay $228,850 to the City for costs or
damages incurred by the City now relating to the environmental condition of
the easement.
5.25. Contract Change Resolution - Health: Resolution No. 2006-R0341
authorizing the Mayor to execute Change No. 6 to the FY 2006
Community Preparedness Section - Bioterrorism Preparedness Contract
with the Texas Department of State Health Services.
RESOLUTION NO.2006-R0341
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Change No. 6 to the FY
2006 Community Preparedness Section—Bioterrorism Preparedness Contract and any
associated documents, by and between the City of Lubbock and the Texas Department of
State Health Services. Said Change No. 6 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 1 Oth day of July. 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, Public Health Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Change No. 6 is filed with Resolution No. 2006-R0341.
The Community Preparedness Section (CPS)-Bioterrorism Preparedness
contract was originally approved by Council with Resolution # 2005-R0445
on September 21, 2005. ContractDocument Noan756 005906 200604A ge Notice No. 06 to Department
increases tof
the
State Health Services
current contract $118,628 from $349,318 to $467,946. City Council approved
this budget on June 8, 2006 with Budget Amendment #17.
The City of Lubbock CPS-Bioterrorism Preparedness Contract for the contract
period of 09/01/05 to 08/31/06 has been amended as allowed by the granting
agency, Department of State Health Services, in the following ways. Certain
funds from the original allocation of $349,318 have been reallocated as
variances between actual versus anticipated expenses have been identified.
Two other specific and significant changes are included in this contract
amendment. The first involves additional funding in the amount of $118,628
to cover Pandemic Influenza
Planning anactivities for Lubbock and 12 extension of the contract period torher
un
surrounding counties. The second
through December 31, 2006. This extension in the contract period has been
provided to allow for completion of additional activities related to Pandemic
Influenza Preparedness for the 13 county area, which includes Lubbock.
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Regular City Council Meeting
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Page 23
Pandemic Influenza Preparedness activities required under this amendment
provide for planning, training, and exercising.
Specific activities identified to accomplish these additional requirements
include:
1. Contract with a consultant to develop a Panflu Plan template for use by the
12 additional counties.
2. Conduct trainings for individuals and organizations across the 13 county
area.
3. Coordinate with other local partners across the Panhandle and South
Plains to contract with a consultant to conduct a tabletop exercise for a 43
county area.
The additional funding and extension of the project period results in a total
funding allocation of $467,946 and a project period of 09/01/05 to 12/31/06.
FISCAL IMPACT
Fiscal impact will be minimal for both revenue and general fund activities.
City Council approved this budget on June 8, 2006 with Budget Amendment
#17.
Staff recommended approval of this resolution.
5.26. This item was moved from consent agenda to regular agenda and
considered following Item 5.23.
5.27. This item was moved from consent agenda to regular agenda and
considered following Item 5.26.
5.28. Contract Amendment Resolution - Water Utilities: Resolution No.
2006-R0342 authorizing the Mayor to execute a contract amendment with
Daniel B. Stephens & Associates, Inc. amending the scope of services for
the Groundwater Utilization Study.
RESOLUTION NO.2006-R0342
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 Second Amendment to
Agreement to Provide Environmental Science and Engineering Services between the City
of Lubbock and Daniel B. Stephens & Associates, Inc., and any other related documents.
Said Second Amendment to Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 1 Oth day of July 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/ Richard Casner
Richard K. Casner, First Assistant City Attorney
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Regular City Council Meeting
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Page 24
A copy of the Second Amendment to Agreement is filed with Resolution No.
2006-R0342.
The City is now ready to complete the Groundwater Utilization Study with
Daniel B. Stephens & Associates, Inc., and in order to complete the study and
final report, an amendment to the scope of work is necessary since some tasks
will not be performed and others are, or have been, necessary.
Well -testing, as part of the project, will not be completed. There are, however
several tasks which are necessary to include:
1. Implement additional data into the Lubbock area model obtained from
Texas Tech grounds operations if such data does not cause substantial
changes in the existing model.
2. Develop, as recommended by the Lubbock Water Advisory Commission,
two model runs for the Bailey County Well Field:
a. Drought & Postpone a Major Water Supply — Pump the Bailey County
Well Field at 25,000 AF annually as long as it can hold out.
b. Drought with Relief from CRMWA Well Field — Pump the Bailey
County Well Field at 25,000 AF annually for 5 years and then 10,000
AF thereafter.
3. Provide final Groundwater Utilization Study report that incorporates
existing comments as well as the results of Items 1 and 2 and supply 26
copies of the report to the City as requested.
The results of the Groundwater Utilization Study and a companion study have
provided helpful information including the following:
1. The Bailey County Well Field appears to have a 50-year life. Water levels
will continue to decline and additional well development will be necessary
to keep water flowing to help meet peak demands.
2. While conservation does appear to have some benefits for extending the
life of the Bailey County Well Field, those benefits are not substantial due
to surrounding pumping by agriculture, power industry, and other users.
3. The City of Lubbock, if developed as a well field, has a potential to
sustain production for about 12,000 acre-feet annually. Estimates for use
by the City, School Districts and Texas Tech for irrigation of parks, fields,
cemeteries, and other open space totals about 2,000 acre feet annually.
4. While the City can use the groundwater for part of its potable supply, the
Lubbock Water Advisory Commission does not recommended this activity
at this time due to cost and the fact that the amount of water proposed to
be produced might only delay a major water supply project by about five
years.
While the use of the Lubbock Well Field may not be recommended at this
time, it may prove beneficial at a later date. This may especially be true in 50
years, at the projects end of the Bailey County Well Field. In order to be
sustainable, the wells must be located throughout the City and not clustered in
one area as previously proposed. The use of wells for irrigation at parks and
schools accomplishes this. Potable use should be designed the same way to
ensure the supply is sustainable.
FISCAL IMPACT
$14,925, originally designated for well testing, can be designated to complete
the proposed changes in the scope of services. There is no cost increase to the
project.
The Lubbock Water Advisory Commission recommended that the Bailey
County Well Field be modeled at the higher use levels in order to determine
the impact of continued high pumping for planning purposes. This proposed
change will enable those models to be run.
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Regular City Council Meeting
July 10, 2006
Page 25
Staff recommended the change in order to provide for more accurate modeling
of Lubbock's water supply under different scenarios. Postponing a major
water supply like Lake Alan Henry can have a significant impact on the
Bailey County Well Field, and these changes will help document that impact.
5.29. This item was moved from consent agenda to regular agenda and
considered following Item 5.27.
5.30. Contract Resolution - Library: Resolution No. 2006-RO343 authorizing
the Mayor to execute a contract with the Texas State Library and
Archives Commission for a Gates Foundation Public Access Computer
Hardware Upgrade for replacement of public access computers for the
Lubbock Public Library.
RESOLUTION NO.2006-RO343
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract with the Texas
State Library and Archives Commission for a Gates Foundation Public Access Computer
Hardware Upgrade for replacement of public access computers for the Lubbock Public
Library, 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 10th day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jane Clausen
Jane Clausen, Library 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-R0343.
This grant contract from the Texas State Library and Archives Commission is
funded by the Bill and Melinda Gates Foundation and will replace computers
received under previous Gates grant programs. The grant award is $33,750,
which will replace a total of 27 public access computers at the Lubbock Public
Library.
In FY 2004-05, 105,074 library patrons utilized the public access computers at
the four library facilities, accessing the Internet and Microsoft Office Suite.
This grant will provide hardware upgrades for the computers currently using
the Microsoft NT operating system and provide library patrons with faster
computers that are equipped with current technology.
FISCAL IMPACT
No fiscal impact is anticipated. This budget is included in the second reading
of the budget ordinance also part of this agenda.
Staff recommended approval of this resolution.
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Page 26
5.31. This item was moved from consent agenda to regular agenda and
considered following Item 5.29.
5.32. Purchase Resolution - Street Maintenance: Resolution No. 2006-R0344
for hot mix - annual pricing, BID #06-041-MA.
RESOLUTION NO.2006-R0344
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 Letter Agreement by and between the City of
Lubbock and Armor Asphalt of Lubbock, Texas, for hot mix -annual pricing, which
Agreement and any associated documents, are attached hereto and made a part of this
Resolution for all intents and purposes.
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert C. Cooke
Robert Cook, Street Superintendent
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the agreement is filed with Resolution No. 2006-R0344.
This bid establishes annual pricing for the purchase of hot mix used by Street
Paving Department for street repairs. Pricing is for one year with two
one-year options.
FISCAL IMPACT
A total of 5564,286 was appropriated with $85,400 available in account
number 4531-8260, Street Maintenance, for this purpose.
Staff recommended bid award to Armour Asphalt, Inc. for $72,000.
5.33. Purchase Resolution - Police: Resolution No. 2006-R0345 authorizing the
Mayor to execute a purchase order contract with ADT Security Services
for the purchase of additional equipment at the Municipal Square
Building.
RESOLUTION NO.2006-R0345
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and approves
the execution of a Purchase Order Agreement by and between the City of Lubbock and
A.D.T. Security Services for the purchase of equipment for additional security at the
Municipal Square Building, 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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Regular City Council Meeting
July 10, 2006
Page 27
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ John Kni&
John Knight, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2006-RO345.
This item involves the sole source purchase to upgrade controlled access
security equipment at the Municipal Square Building.
FISCAL IMPACT
This purchase is funded by a grant, through Municipal Court, to secure the
facility where Municipal Court is located.
Staff recommended contract award to ADT Security Services, Inc. for
$30,472.78.
5.34. Purchase Resolution - Emergency Management: Resolution No.
2006-RO346 authorizing the purchase of an explosive containment
vehicle.
RESOLUTION NO.2006-RO346
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 Fisher Scientific Company LLC of Houston, Texas, for explosive
containment vehicle, 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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Regular City Council Meeting
July 10, 2006
Page 28
Passed by the City Council this 1 Oth day of July, 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 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-RO346.
The explosive containment vehicle, or bomb trailer, will be used by the
Lubbock Police Department bomb technicians to provide a secure means to
safely dispose of explosive devices and suspect packages.
This equipment is available for purchase through the Texas Multiple Awards
Schedule (TXMAS) contract #TXMAS-5-84090. The TXMAS program
adapts existing competitively awarded government contracts to the
procurement needs of the State of Texas and local governments. To be
considered for the TXMAS Program, an existing contract must be awarded by
the federal government or any other governmental entity in any state, awarded
using a competitive process, or adaptable to the laws of the State of Texas
(Texas Government Code Title 10, Subtitle D, Sections 2155.062, 2155.502,
2155.504).
FISCAL IMPACT
Funding for this purchase will be through Texas State Homeland Security
2005 grant award with no impact to General Fund accounts.
Staff recommended the purchase of the explosive containment vehicle through
the Texas Multiple Award Schedule Contract TXMAS-5-84090 to Fisher
Scientific Company, LLC of Tampa, Florida for $189,200.
6. REGULAR AGENDA (continued)
5.7. Water Conservation, Drought and Emergency Plan Ordinance 2nd
Reading - Water Utilities: Ordinance No. 2006-00075 Consider an
ordinance amending Chapter 28 of the Code of Ordinances, City of
Lubbock, Texas, with regard to the City of Lubbock Water Use
Management Plan — Drought and Emergency Contingency Plan and
Water Conservation Plan; to promote wise and responsible use of water;
providing for target goals; supporting structural conservation programs,
and reclaimed water reuse programs; providing for administrative
changes; providing for support of educational programs; establishing
criteria for the drought response stages; establishing restrictions on
certain water uses related to drought or shortages; providing a penalty
for each day of non-compliance and/or discontinuance or disconnection of
water service for non-compliance with the provisions of the Water Use
Management Plan - Drought and Emergency Contingency Plan and
Water Conservation Plan; providing for publication and ordaining other
matters related to the foregoing.
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Regular City Council Meeting
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Page 29
ORDINANCE NO.2006-00075
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE CITY OF
LUBBOCK WATER USE MANAGEMENT PLAN — DROUGHT AND EMERGENCY
CONTINGENCY PLAN AND WATER CONSERVATION PLAN; TO PROMOTE
WISE AND RESPONSIBLE USE OF WATER; PROVIDING FOR TARGET GOALS;
SUPPORTING STRUCTURAL CONSERVATION PROGRAMS, AND RECLAIMED
WATER REUSE PROGRAMS; PROVIDING FOR ADMINISTRATIVE CHANGES;
PROVIDING FOR SUPPORT OF EDUCATIONAL PROGRAMS; ESTABLISHING
CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING
-- RESTRICTIONS ON CERTAIN WATER USES RELATED TO DROUGHT OR
SHORTAGES; PROVIDING A PENALTY FOR EACH DAY OF NON-
COMPLIANCE AND/OR DISCONTINUANCE OR DISCONNECTION OF WATER
SERVICE FOR NON-COMPLIANCE WITH THE PROVISIONS OF THE WATER
USE MANAGEMENT PLAN — DROUGHT AND EMERGENCY CONTINGENCY
PLAN AND WATER CONSERVATION PLAN; PROVIDING FOR PUBLICATION
AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING.
The Lubbock Water Advisory Commission and staff have worked more than a
year on updating the Water Conservation, Drought and Emergency Plan,
known as the Water Use Plan, to help move forward the conservation program
and drought preparedness level of the City. The Water Commission
recommended adoption of the Water Use Plan.
The Water Use Plan and the Irrigation Ordinance interface with each other. As
a result, amendments to the Irrigation Ordinance are included in Agenda Item
5.8 and recommended in order to eliminate any conflict between the two
documents.
The Water Use Plan includes several major parts. The two most important
sections include: (1) the Conservation Plan, and (2) the Drought/Emergency
Plan. The Conservation Plan outlines a conservation standard for the City.
Most of the Conservation Plan is voluntary and educational, and encourages
the wise use and conservation of water. For example, most grass types can be
green and beautiful without daily watering, which can actually leave grass
unhealthy.
The Drought Plan has major stages that provide for the orderly curtailment of
water use in order to ensure water is available for essential life and business.
For example, Stage One proposes to restrict landscape irrigation, or yard
watering, to two times during one week. Stage Two restricts landscape
irrigation to once a week, Stage Three to once a month, and Stage Four
prohibits outside watering. These restrictions apply to the use of water
produced and delivered by the City. Well water or groundwater is regulated
by the High Plains Underground Water Conservation District and the City and
the District work together on any enforcement issues.
Canadian River Municipal Water Authority will meet in Sanford, Texas on
July 12, 2006, at their offices located by Lake Meredith. They will consider
water allocation for this year and next year. A reduction in allocation this
year may be unlikely. Next year, the reduction in the total CRMWA
allocation could be between 20 percent and 30 percent. The City needs to be
prepared for this. The current plan changes from allowing daily watering to
watering one day per week. The proposed plan progresses in stages from
daily, to twice a week, to once a week. With the adoption of the plan, the
twice a week limitation will be effective immediately. If necessary, the City
can take the next step to move to Stage Two for once a week watering.
The Lubbock Water Advisory Commission is still working on one element of
the plan, and that issue is to define water waste for enforcement purposes.
This item will be presented later with a Water Commission recommendation.
Upon first reading, Council agreed to eliminate the water waste wording until
the Water Commission makes a recommendation, and that has been
accomplished.
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Regular City Council Meeting
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Page 30
Citizens and the Parks Department have made a few comments and
suggestions. The first is that hand watering again be allowed during the
drought stages. Staff recommended that this be added back in.
Parks expressed concern about being able to water a park in only two days,
and that this is not feasible. It was explained to Parks that the proposed
ordinance does not restrict watering to specified days, and that they may water
in a park daily as long as each zone is only watered twice a week as required
under drought stage one of the proposed ordinance.
Parks expressed concern that watering new plant material should be allowed
on a more frequent basis until it is established. This recommendation can also
be included for drought stages one and two. Under drought stage three and
emergency stage four, the more frequent watering should not be allowed due
to severe shortages of water.
Parks also requested other exceptions that may be handled through the appeals
process that will be heard by the citizen Water Board of Appeals:
a. watering after fertilization,
b. drip systems,
c. watering times, and
d. the number of days if the 1.5" watering standard is followed.
FISCAL IMPACT
With Conservation and Drought Stages, water use may decrease. This can
have some impact on water revenues. The amount of decrease will depend on
the level of conservation and the drought stage implemented.
The Lubbock Advisory Water Commission and staff recommended approval
of the second reading of this ordinance.
Tom Adams, Deputy City Manager/Water Utilities Director, and Anita
Burgess, City Attorney gave comments and answered questions from Council.
Mayor Pro Tern Gilbreath requested Adams provide Council with a list of
businesses that use water wells.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Leonard to pass on second and final reading Ordinance No.
2006-00075 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.8. Water Irrigation Ordinance 2nd Reading - Water Utilities: Ordinance
No. 2006-00076 Consider an ordinance amending Chapter 28 of the Code
of Ordinances of the City of Lubbock, Texas, with regard to the
jurisdiction of the Water Board of Appeals; providing a penalty;
providing a savings clause; and providing for publication.
ORDINANCE NO.2006-00076
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
JURISDICTION OF THE WATER BOARD OF APPEALS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The Lubbock Water Advisory Commission and staff have worked more than a
year on updating the Water Conservation, Drought and Emergency Plan,
known as the Water Use Plan, to help move forward the conservation program
and drought preparedness level of the City. The Water Commission
recommended the Water Use Plan.
The Water Use Plan and the Irrigation Ordinance interface with each other.
As a result, amendments to the Irrigation Ordinance are also recommended in
order to eliminate any conflict between the two documents.
The Irrigation Ordinance amendments allow an existing board, the Water
Board of Appeals, to hear requests for variances to the requirements of the
Water Use Management Plan - Drought and Emergency Contingency Plan and
Water Conservation Plan. This board currently hears appeals to the irrigation
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Regular City Council Meeting
July 10, 2006
Page 31
ordinance, and will in the future, hear appeals related to the Conservation,
Drought and Emergency Contingency Plan as well.
FISCAL IMPACT
No fiscal impact is anticipated.
The Lubbock Advisory Water Commission and staff recommended approval
of the second reading of this ordinance.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Leonard to pass on second and final reading Ordinance No.
2006-00076 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.9. Lubbock Emergency Communication District FY 2006-07 Budget
Resolution - City Manager's Office: Resolution No. 2006-R0347
approving Lubbock Emergency Communication District Budget for
Fiscal Year 2006-07.
RESOLUTION NO.2006-R0347
WHEREAS, pursuant to Section 772.309, Texas Health & Safety Code, the
Lubbock Emergency Communications District is required to present its annual budget to
the governing body of the most populous municipality in the District having a population
of more than 140,000 for approval; and
WHEREAS, the Board of Managers of LECD has approved a budget for fiscal
year 2006/2007 for the District; and
WHEREAS, the Board of Managers of LECD desire to obtain the approval of the
City Council of the City of Lubbock for said proposed budget; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, Texas, hereby approves the fiscal
year 2006/2007 budget for the Lubbock Emergency Communications District proposed
by the LECD Board of Managers, a copy of which budget is attached hereto and made a
part of this Resolution for all intents and purposes.
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Dumbauld
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/ Mitchell Satterwhite
Mitchell Satterwhite, Assistant City Attorney
A copy of the budget is filed with Resolution No. 2006-R0347.
The Lubbock Emergency Communication District (LECD) Board of
Managers has approved for distribution the LECD proposed budget for FY
2006-07 commencing October 1, 2006. The proposed budget represents a fair
and prudent financial plan to accomplish the LECD mission "...to provide the
best possible, trouble free network for the citizens staff serve to access
emergency services by dialing 9-1-1; to provide the best tools (equipment and
information) to each service provider agency that will enhance their ability to
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Regular City Council Meeting
July 10, 2006
Page 32
provide public safety services; and to educate the public on the effective and
appropriate use of the 9-1-1 network."
Texas Health & Safety Code, Section 772.306, provides that a 9-1-1 District is
governed by a Board of Managers. The Board make-up is prescribed as
follows:
- one member for each county in the district appointed by the commissioner's
court
- two members appointed by the governing body of the most populous
municipality
- one member appointed by the second most populous municipality
- one member appointed to represent the other municipalities (at large)
- one nonvoting member appointed by the principal telephone service supplier
Current Appointments:
David Gutierrez, Lubbock County
George Ewing and Bob Wood, City of Lubbock
Joe Sparkman, City of Slaton
William P. Tynan, At Large member
David George, Non -voting member
Michael Grossie is the Executive Director of LECD and appointed by the
LECD Board of Managers.
Section 772.309, Texas Health & Safety Code, requires LECD to present its
annual budget to the governing bodof the most populousapproval.municipality in the
District having a population of more than 140 000 for
The attached proposed budget reflects an overall increase of 15% from the
current year. This increase is due to the proposed installation
t network from
backroom equipment to prepare for the change of the 9
analog to digital and to provide la isrm for to hava9-1emerging l technologies, sys em capable of
voice over the Internet. Thegoal
receiving 9-1-1 calls anytime, anywhere, from any device.
FISCAL IMPACT
No fiscal impact.
Michael Grossie, Executive Director of LECD, gave comments and answered
questions from Council. City Manager Lee Ann Dumbauld also gave
comments.
Motion was made by Council Member
as recommended by staff. , seconded by Council MMotion
ember
Jones to pass Resolution No. 200
carried: 7 Ayes, 0 Nays.
5.18. Stop Sign Policy Resolution - Traffic: Resolution No. 2006-RO348
establishing procedures for the installation and replacement of stop signs -
RESOLUTION NO.2006-RO348
WHEREAS, the City Council of the of the citizensy of ofk deems it to be in the best
fthe City of Lubbock to
interest of the health, safety and welfare o
establish a policy implementing a procedure for the installation of change of stop signs,
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following policy implementing a procedure for the installation or
change of stop signs is hereby adopted by the City Council of the City of Lubbock:
PROCEDURE FOR INSTALLATION OR CHANGE OF STOP SIGNS
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Regular City Council Meeting
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Page 33
1. Staff can install citizen requested signs when an intersection meets Manual of
Uniform Traffic Control Devices (MUTCD) warrants or City Policy (see
http://traffic.ci.lubbock.tx.us/traffic_Signs.htm)
2. At the Mayor's or an individual Councilmember's request, staff can install signs
if an intersection meets 75% of MUTCD warrants or policy.
3. The Citizens Traffic Commission (CTC) can recommend installation of stop signs
in an intersection that meets 75% or more of the MUTCD warrants without
additional cause; below that amount the CTC must find a traffic safety reason to
warrant approval.
4. If an intersection meets less than 75% of the warrants, then it must be
recommended first by the Citizens Traffic Commission (CTC). Staff will notify
the requestor that the requested location does not meet 75% criteria and confirm if
they want the request to go to the Citizens Traffic Commission. If requested to go
to the CTC, staff will send out notices to the immediately affected area (usually 2-
3 blocks in all directions) advising of a public meeting at the CTC for a requested
traffic control change. Additionally, all requestors and the councilmember for
that District will receive notice of the public meeting. Results of citizens'
responses will be given to the CTC.
5. A disputed recommendation by the Citizen's Traffic Commission (CTC) may be
taken to the City Council by the City Staff under appropriate circumstances for
final determination.
6. Staff comments when an item goes to the Traffic Commission will be limited to:
• The fact that it does or does not meet warrants,
• Percent of warrants that the intersection does or does not meet,
• An aerial photo of the location,
• Copy of citizen comments received per #4 above,
• Questions by CTC, City Council, or the public.
7. Citizens and/or their representatives will be invited to speak for or against the
proposed signs at the CTC meeting.
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jervl D. HartJr
Jeryl D. Hart, Jr., P.E., Traffic Engineer
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
This policy is a result of requests by Council for a more uniform procedure to
be utilized with all citizen requests for stop signs and to provide for an appeal
process. The proposed policy has been reviewed and recommended for City
Council approval by the Citizens Traffic Commission at their April 18, 2006,
meeting.
FISCAL IMPACT
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Regular City Council Meeting
July 10, 2006
Page 34
No fiscal impact is anticipated.
Staff and the Citizens Traffic Commission recommended approval of this
policy.
Jere Hart, Traffic Engineer, gave comments and answered questions from
Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0348 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.20. Interlocal Agreement Resolution - Emergency Management: Resolution
No. 2006-R0349 authorizing the Mayor to execute an interlocal
agreement with Lubbock County concerning the use of county inmate
labor for city projects.
RESOLUTION NO.2006-R0349
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Interlocal Cooperation Contract for
use of working inmates in the used of cleaning and maintaining public right-of-way
within the City of Lubbock and any associated documents by and between the City of
Lubbock and Lubbock County, a copy of which Contract is attached hereto and which
shall be spread upon the minutes of this Council and as spread upon the minutes of this
Council shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Kevin Overstreet
Kevin Overstreet, Emergency Operations Coordinator
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the contract is filed with Resolution No. 2006-R0349.
The City of Lubbock and Lubbock County are working together on a project
where the county will provide inmate labor for clean-up projects throughout
the city. The labor pool of inmates will be supervised by Sheriffs Department
deputies.
FISCAL IMPACT
Budgeted expenditures will not exceed $105,000 annually for deputies'
salaries, fuel, and supplies. Two workforces of inmates will be supervised by
two Sheriffs deputies allowing city personnel to be utilized for other
day-to-day operations rather than clean-up duties.
This program saves the City money and also shows great cooperation between
the City and County of Lubbock.
Staff recommended approval of this resolution.
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July 10, 2006
Page 35
Lubbock County Sheriff David Gutierrez gave comments and answered
questions from Council.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member DeLeon to pass Resolution No. 2006-RO349 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.4. Board Establishment Ordinance - City Council: Ordinance No.
2006-00080 establishing a Construction Ordinance Advisory Board to
review proposed amendments to the Building Code and Fire Codes.
ORDINANCE NO.2006-00080
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, TO ADD ARTICLE XVI, ENTITLED
"MODEL CODES & CONSTRUCTION ADVISORY BOARD"; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The purpose of this ordinance is to establish a Construction Ordinance
Advisory Board to review proposed amendments to the Building Code and
Fire Codes for the City. This ordinance recommended a seven member board
composed of representatives of the professional and related business
community as well as a citizen at large position.
FISCAL IMPACT
No fiscal impact is anticipated.
Tim Green, President of Home Builders Association, and Jeff Lowrey with
the Lubbock Apartment Association gave comments and answered questions
from Council. Rob Allison, Executive Director of Development Services, and
Fire Chief Steve Hailey also gave comments and answered questions from
Council.
Mayor Pro Tern Gilbreath suggested that Rob Allison help facilitate
conversations, among staff and the groups, before the next reading to make
sure the ordinance is inclusive enough and to get everyone's input to see if
staff is going to the extent needed.
Motion was made by Council Member Leonard, seconded by Council
Member Boren to pass on first reading Ordinance No. 2006-00080 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.21. Agreement Resolution - Civic Center: Resolution No. 2006-RO350
authorizing the Mayor to execute an agreement with Civic Lubbock, Inc.
to oversee and coordinate funding allocated from Hotel Occupancy Tax
to be used for the 2006 Music Festival and/or future Lubbock Music
Festivals.
RESOLUTION NO.2006-RO350
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement between the
City of Lubbock and Civic Lubbock, Inc., to administer hotel occupancy tax funds for the
2006 Lubbock Music Festival, and related documents. Said Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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July 10, 2006
Page 36
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Freddy Chavez
Freddy Chavez,
Director of Civic Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2006-R0350.
As per the current agreement dated September 21, 2005, Civic Lubbock, Inc.
created an Entertainment Task Force Standing Sub -Committee. The
responsibilities of the Task Force involve the development, organization,
coordination and funding of events that would take advantage of the various
talent and venues associated with the City of Lubbock's entertainment
industry.
The City's FY 2005-06 operating budget was amended on January 31, 2006,
to appropriate and designate $175,000 from Hotel/Motel Tax Fund Balance
for the Lubbock Music Festival. Funding from the City of Lubbock allocation
for the Lubbock Music Festival from FY 2004-2005 in the amount of $18,188
will also be included in the transfer amount to Civic Lubbock, Inc. for the
2006 Music Festival and future festivals. The funds will be deposited in an
interest bearing account and Civic Lubbock, Inc. shall comply with all laws
and provisions of Chapter 351 of the Texas Tax Code. Civic Lubbock, Inc.
will make quarterly reports to the City Secretary with regards to such
expenditures made by Civic Lubbock and detailing how these funds were
expended.
FISCAL IMPACT
Funds associated with this agreement were allocated from the Hotel/Motel
Occupancy Tax and will not impact the General Fund.
Staff recommended that City Council approve the proposed agreement with
Civic Lubbock, Inc. to administer the funds associated with the 2006 Lubbock
Music Festival and future festivals.
Nancy Haney, Executive Director of Community Development, and City
Manager Lee Ann Dumbauld gave comments and answered questions from
Council. Dan Burns, member of the Civic Lubbock, Inc. Board of Directors,
also gave comments and answered questions from Council.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2006-RO350 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Council Member Jones recused herself.
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Page 37
5.22. Cultural Arts Grant Resolution - Civic Center: Resolution No.
2006-R0351 approving recommendations from the Cultural Arts Grant
Review Committee and the Civic Lubbock, Inc. Board of Directors for
the first of two grant periods for the FY 2006-07 Cultural Arts Grant
Program using Hotel/Motel Occupancy Tax funds collected at the end of
FY 2004-05.
RESOLUTION NO.2006-R0351
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
approves on behalf of the City of Lubbock, that Civic Lubbock, Inc., award all of the first
period grants for 2006 recommended by the Cultural Arts Grants Review Committee.
The letter, dated June 20, 2006, from Civic Lubbock, Inc., requesting approval of the first
period grants 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 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Freddy Chavez
Freddy Chavez,
Director of Civic Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the letter is filed with Resolution No. 2006-R0351.
On April 13, 2006, the Lubbock City Council approved an agreement with
Civic Lubbock, Inc. to administer the City of Lubbock's Cultural Arts Grant
program and to pay Civic Lubbock, Inc. $164,523 to be used for the grant
program. The term of the agreement commenced on the effective date and
continues without interruption until March 31, 2007. The agreement also
stipulates that the funds are to be used in making grant awards to cultural arts
organizations for the encouragement, promotion, improvement, and
application of the arts and the promotion of tourism in the Lubbock
community. The funds represent 5.71429% of the hotel/motel tax collected
during the fiscal year ended September 30, 2005.
In reviewing requests and developing funding recommendations for each
application, the Cultural Arts Grants Review Committee followed the
guidelines that were approved as part of the April 13, 2006, agreement. A
Grant Workshop was held on May 4, 2006, for all organizations wanting to
apply for a Cultural Arts Grant. Included among the workshop presenters were
representatives from the Lubbock Convention and Visitors Bureau, the
Lubbock Hotel Motel Association, and the City Attorney's office. Fourteen
applications were received on the June 1, 2006, deadline. After a thorough
review and evaluation of the applications by the Cultural Arts Grant Review
Committee, 14 applications were recommended for full or partial funding.
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Page 38
The Cultural Arts Grant Review Committee, comprised of appointments by
City Council and representatives of the Civic Lubbock, Inc. Board of
Directors, submitted their recommendations to the full Civic Lubbock, Inc.
Board and were approved as recommended at their June 20th Board meeting.
These recommendations are now being presented to City Council for
approval.
The Cultural Arts Grant Review Committee and the Civic Lubbock, Inc.
Board of Directors are requesting City Council approval of $85,800 in grant
awards for the first granting period of the FY 2006-07 Cultural Arts Grant
Program. Enclosed in your agenda backup is a listing of the recommendations
and comments from the Cultural Arts Grants Review Committee.
FISCAL IMPACT
No fiscal impact is anticipated.
The Cultural Arts Grant Review Committee and the Civic Lubbock, Inc.
Board of Directors recommended approval of this resolution.
Nancy Haney, Executive Director of Community Development; Dan Burns,
member of the Civic Lubbock, Inc. Board of Directors; and Chevo Moralez,
Vice Chairman/Vice President of the Civic Lubbock, Inc. Board of Directors,
gave comments and answered questions.
Motion was made by Council Member Price, seconded by Council Member
Boren to pass Resolution No. 2006-RO351 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Council Member Jones was away from the dais.
5.23. Paving Policy Resolution - Finance/Public Works: Resolution No.
2006-RO352 approving the revised City of Lubbock paving policy.
RESOLUTION NO.2006-RO352
A RESOLUTION DEFINING THE PAVING POLICY OF THE CITY OF
LUBBOCK WITH REGARD TO ALL PAVING ON ALL STREETS, AVENUES,
AND/OR ALLEYS WITHIN OR ALONG THE CITY LIMITS AND
ESTABLISHING STANDARDS FOR THE CITY'S PARTICIPATION, IF ANY,
FOR THE VARIOUS METHODS OF PAVING STREETS.
WHEREAS, the City Council of the City of Lubbock finds that due to changed
conditions it is necessary and advisable to revise the paving policy of the City of
Lubbock as heretofore established by Resolution dated the 23rd day of March, 2006,
and;
WHEREAS, this policy is intended to supplement current state laws, City Charter
provisions and City ordinances on the same topic; NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I. GENERAL
All paving improvements are to be constructed in accordance with the
city's standard plans and specifications under the supervision of the City
Engineer and the distribution of the costs for these paving improvements
shall be in accordance with the following policy.
II. PROPERTY OWNER PARTICIPATION IN PAVING STREETS
A. The typical method of funding and installing improvements on any
unpaved street or alley shall be one of those later described in this
policy. The abutting property owners will benefit the most from
these paving improvements and should be willing to participate in
a part or all of the cost. Through the history of the City, abutting
property owners have participated in the cost of practically all of
the City streets which have been paved.
B. Should the abutting property owners of any unpaved street desire
street paving, they should determine which of the methods later
described best fits their situation and initiate appropriate action.
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C. Although some streets have been paved with Community
Development Block Grant funds since the mid — 1970's, this
option is only possible on streets within a Community
Development Block target area and only if that funding is
available.
III. TYPICAL DESIGN STANDARDS
Curb & Gutter — 24" C&G section with 6" vertical face, barrier type curb.
A roll curb (mountable curb) may be allowed on certain residential streets,
depending on traffic and drainage considerations.
Concrete alley returns are required at the intersection of alleys and streets.
Concrete valley gutters, for surface drainage, may be required at street
intersections.
T-1 & T-2 Thoroughfare Streets - 8" continuously reinforced concrete
paving (unless a site specific design is approved to vary from this
minimum standard design — a 9" asphaltic stabilized base (ASB) with 1-
1/2" asphaltic concrete (AC) surface may be allowed under special
conditions, if approved by the City Council).
Industrial & Collector Streets — Minimum standard design of 6 inch
flexible base (caliche) and 1-1/2" AC surface. However, if the proposed
development is determined to generate significant truck traffic, an
additional 3" ASB may be required.
Residential Streets — Minimum standard design of 6" flexible base
(caliche) and 1-1 /2" AC Surface.
Alley Paving — Minimum of 10 feet width of concrete paving having an
inverted crown with 5" depth in the center and 7-1/2" depth on the edges.
Exceptions to Design Standards — Should soil, traffic or drainage
conditions exist which make the above minimum standards inappropriate,
an alternate design may be required to allow the expected normal service
life of the proposed paving improvements.
IV. ASSESSMENT PAVING IMPROVEMENTS
A. General Discussion
The City Council has determined, as a standard practice, that
assessment paving programs will not be utilized for the paving of
unpaved streets or alleys within the City of Lubbock. This
standard practice has been established due to the provision in State
Law (Section 313.048 of the Texas Transportation Code) which
mandates an assessment may not exceed the enhanced value to the
abutting property being assessed for the paving improvements. In
recent history, the enhanced value of abutting properties, due to
paving improvements, has not approached the actual costs of
paving construction. Since the City Council believes the primary
benefit of paving improvements are to the abutting properties and
the owners of these properties, then these owners should be paying
the cost of these paving improvements.
Asessment paving standard practice:
(1) As a standard, properties abutting a thoroughfare or
collector designated street will not be assessed through the
assessment paving process, unless otherwise directed by the
City Council on that specific project.
(2) Other street or alley paving improvement projects initiated
by the City as a result of traffic, drainage or maintenance
needs may be placed on an assessment paving program, as
directed by the City Council.
For those instances that the City Council authorizes an assessment
paving program, the following paragraphs B through K shall apply:
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B. This Section shall establish procedures utilized by City staff in
calculating the rates for assessment paving for street or alley
improvements and other policy issues related to assessment
paving. However, Chapter 313 of the Texas Transportation Code
may dictate, or the City Council may choose an assessment amount
that differs from those rates calculated.
C. The entire cost of the concrete curb and gutter parallel to and
abutting the property and of the same length as the property it
abuts shall be assessed against the abutting property and the
owners thereof, such concrete curb and gutter to be referred to
hereinafter as "property owner curb."
D. Ninety percent (90%) of the entire street paving cost, exclusive of
the "property owner curb", will be assessed against all abutting
property and the owners thereof with the exceptions shown in
paragraphs E and F below.
E. The maximum assessment against an R-1 or R-2 residential zoned
and utilized property will be the costs associated with the paving of
half of a 36 foot wide street (16.5 feet width of asphalt paving).
The maximum assessment against a property that is zoned other
than R-1 or R-2 or residential zoned property which is being used
for other than residential purposes will be the costs associated with
the paving of half of a 58 foot wide street (27.5 feet width of
asphalt paving). Property that has zoning limited to church or
church related use will be treated as R-1 or R-2 residential zoned
property.
F. The ninety percent (90%) rate in paragraph D above is known as
the "front" rate. The "front" abutting property, for assessment
purposes, is that footage along the shorter side of a lot. The "side"
abutting property is the footage along the longer side of a lot. If
"side" abutting property is zoned for R-1 or R-2 residential
purposes, and if occupied, is occupied for these residential
purposes, an assessment of sixty percent (60%) of the entire paving
cost, exclusive of the "property owner curb" will be assessed
against the "side" abutting property and the owners thereof. There
will not be a "side" rate for non-residential properties.
G. Alley paving assessments will be based on the ninety percent
(90%) rate.
H. The method to be used on a paving project to determine the "front
and side foot rates" and property assessments as set forth above is
as follows:
1. All streets of identical width are to be grouped together into
a single Unit, and each individual street in the Unit shall be
designated as a Sub -unit of their particular Unit.
2. The "total project cost" of a Unit includes the total cost of
the various items of work contributed from all Sub -units of
the Unit as bid plus six percent (6%) of said contract cost
for engineering.
3. From the "total project cost" the "property owner curb"
will be deducted at the rate established by the contractor's
bid price per linear foot for concrete curb and gutter and/or
concrete gutter plus six percent (6%) engineering.
("Property owner curb" does not include that curb and/or
gutter along side and across alley returns nor all of the curb
radii). If there is a railway crossing in the Unit, the charges
assessable directly to the railway company at bid prices
plus six percent (6%) will also be deducted.
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4. The amount after making the above deductions will be
termed the "cost excluding property owner curb costs and
railroad crossing costs" referred to herein as amount "A".
5. The "front foot rate" is amount "A" less 10% amount "A"
divided by the total footage of all property abutting all Sub-
units making up the entire Unit. This is the ninety percent
(90%) rate described in Paragraph E.
6. The "side foot rate" is 2/3 of the above rate. This is the
sixty percent (60%) rate described in paragraph F.
7. Part of the total cost to be assessed against each parcel of
property abutting the improvements in each Unit will be
determined by multiplying the abutting footage of each
parcel of property by either of the above rates or by a
combination of the above rates, whichever is applicable.
This cost will be referred to herein as the "property owner
paving cost."
8. The total cost to be assessed against each parcel of property
abutting the improvements in each Unit is the sum of the
"property owner paving cost" and the "property owner curb
cost'.
I. An exception to the calculation of the assessment rates previously
described in paragraphs C,D,E,F,G and H will be granted for
residential property located in lower income areas of the City as
identified by the general Community Development Block Grant
(CDBG) target areas. In these target areas, the front residential
rate will be calculated at 30% of the typical calculated total front
rate (total of curb and gutter rate plus paving rate). The side
residential rate in the target areas will be calculated at 60% of this
reduced rate, or 18% of the typical total front rate. The assessment
rate for alley paving in the CDBG target areas will be calculated as
30% of the total cost of the improvements for residential (R-1 and
R-2 zoned) property.
J. As prescribed by State Law, the City Council shall provide the
time, terms, and conditions of payment and defaults of
assessments, and prescribe the rate of interest which shall not
exceed the greater of eight (8) per cent per annum or the rate
payable by the City of Lubbock on its most recently issued general
obligation bonds. The standard interest rate for assessments shall
be one (1) per cent over Wall Street Prime Rate at the time of the
assessment public hearing, not to exceed the limitations stated
above. Payment for paving assessments is due within twenty (20)
days following completion and acceptance of the paving
improvements with no interest due. However, a standard method
of payment of paving assessments has been established allowing
five (5) payments, over four (4) years, with the first payment being
due within twenty (20) days of acceptance of the paving
improvements. Interest is accrued at the rate established at the
assessment public hearing as described above.
K. Owners of unplatted property may elect to delay payment of their
assessment until such time as their property is platted. No interest
will accrue on this delayed payment on the paving assessment.
However, as a condition of the platting of that subject property, the
assessment shall be paid in the full amount due. A lien, in the
amount of the paving assessment due, shall be filed against the
subject property following passage of the paving assessment
ordinance, and such lien shall not be released until such time as the
paving assessment is paid.
V. RESOLUTION PAVING IMPROVEMENTS
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A. In those instances on existing unpaved streets where all owners
agree to pay their share of the paving costs, or one or more owners
agree to pay all the property owners share of the paving costs, then
those owners may request that the City participate in the cost of the
paving improvements, exclusive of the "property owner curb",
equivalent to the City participation in assessment paving. This will
require approval of a resolution by the City Council.
B. The owner/owners will pay all the costs for "property owner curb".
The owner/owners paving rates will be calculated as shown in
paragraph IV.H.
C. The owner/owners will contract separately with a paving
contractor of their own choice, however, City participation will not
exceed amounts calculated using current bid prices received on
other paving projects.
D. City staff will perform materials testing and construction
inspection of these paving improvements as is done on all paving
projects. The City's share of the paving cost will be paid directly
to the contractor upon completion of construction and formal
acceptance of the paving improvements by the City Council.
E. However, resolution paving will not be an allowed alternative if
the City's participation exceeds $14,999.
VI. SUBDIVISION PAVING IMPROVEMENTS
A. Street and/or alley paving improvements required at the time of
final platting of subdivisions (Chapter 25 of the Lubbock Code of
Ordinances) shall be furnished by the developer, with the
exception of thoroughfare street paving described in the following
paragraphs.
B. As a standard, a Developer will not be required to participate in the
cost of paving a designated thoroughfare street, except that the
Developer is required to install the curb & gutter of the designated
thoroughfare street abutting his/her subdivision at the time of
platting. The Developer is required to provide for the full width
paving improvements of all other classifications of streets at the
time of platting.
C. The Developer is required to provide for all paving improvements
of streets, regardless of width (with the exception of thoroughfare
designated streets), at the time of platting.
D. Other than thoroughfare or collector streets, half width streets shall
only be allowed where essential to the reasonable development of
the subdivision. As a standard, other than thoroughfare or
collector streets, boundary streets in subdivisions shall be
dedicated and paved full width.
E. Half width paving of any collector or other boundary street in the
subdivision will require approval of the City Engineer upon
consideration of drainage issues. A working easement will be
required from the adjacent property owner for the installation of
the half width paving. The developer will install paving two feet
beyond the center line of the street for any half width paving
constructed.
F. The developer will be required to deposit with the City the
estimated cost to construct any paving improvements not
constructed at the time of platting. As a standard, the curb and
gutter will be constructed at the time of platting and the developer
will prepay the cost of the installation of the surface, base and
subgrade portion of the street improvements. The Developer will
be required to construct the curb and gutter on a thoroughfare
designated street abutting his/her subdivision at the time of
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platting. Details of thoroughfare paving adjacent to new
subdivisions are described in Section VIII of this resolution.
G. The City Engineer's estimate of the money to be deposited by the
developer in escrow for paving that cannot be constructed shall be
based on the current bid prices for the most recent comparable
project competitively bid by the City. No adjustment shall be
made either to the City or to the subdivider in a case of variation
between the actual successful bid prices received at the time of the
award of the contract and the estimated prices used determining the
amount of the escrow. Similarly, no adjustment shall be made
either to the City or to the subdivider in the case of variations
between the actual quantities of improvements constructed and the
estimated quantities of improvements to be constructed. The
City's budget fund can be credited or charged with any difference
between the estimated and actual cost at the time of the acceptance
of the actual improvements. No monetary adjustment shall be
made to the subdivider. The escrow money shall be kept in special
account by the City Treasurer and shall not be released to the
City's General Fund until the improvements have been completed
and accepted by the City Council.
H. The developers amount to be placed in the escrow account will be
based on unit prices for 6" depth flexible base (caliche) and 1-1/2"
A.C. surface paving, including subgrade preparation, for all types
of streets, other than thoroughfare designated streets. The unit
prices of the most recently awarded contract will be used to
determine the developers escrow amount.
VII. STREET & ALLEY USE PERMIT PAVING
A. A person or persons may pave a street or alley in the City through
the issuance of a street or alley use permit in accordance with
Chapter 24 of the Code of Ordinances.
B. The proponent will hire a contractor to construct the paving
improvements. The proponent or contractor will apply for the
permit in the office of the City Engineer.
C. The total cost of constructing the improvements will be paid by the
proponent to the contractor. There will not be a fee charged by the
City for the permit. However, the proponent will be charged a fee
for City services involved in engineering, and/or testing and
inspection as described in Chapter 24 of the Code of Ordinances.
VI11. THOROUGHFARE STREETS
A. In new subdivisions, the developer will be responsible for the cost
and construction of the curb and gutter of the thoroughfare
designated street.
B. The City Council may appropriate funding for the thoroughfare
paving costs upon determination that the thoroughfare paving
improvements are needed. As a guide, the City Council may
consider the following methods (in priority order) of securing
funding needed for a specific thoroughfare paving project. These
methods are:
1. Certificate of Obligation Bonds -Upon request of staff,
developer, or property owner, the City Council may
evaluate thoroughfare paving needs on a case -by -case basis
to determine the urgency of issuing C.O. Bonds.
2 Street -Capital Project Funds -The City Council may choose
to use unreserved funds or reallocate funds designated for
another project within the Street Capital Projects Fund if
deemed necessary.
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3 The City Council may call a street improvement bond
election.
ADDITIONAL NOTES:
1. The City staff will continually pursue alternative federal
and state funding sources, such as the Intermodal Surface
Transportation Efficiency Act (ISTEA), TEA 21, or
SAFETEA-LU, to finance the partial or total cost of
thoroughfare paving projects. Any prepaid paving monies
deposited by developers for these thoroughfares will be
used for the City's participation in the cost of these
projects. Assessment programs may be initiated for
adjacent properties share of the cost on those properties that
prepaid monies have not been deposited.
2. An assessment program may be initiated for thoroughfare
paving and considered by the City Council upon request by
staff, developers, individual Council members, etc.
3. The City Council will make final determination of whether
or not to pave a thoroughfare based on the public necessity
for the project.
C. A Developer, or group of Developers, may desire to accelerate the
construction of a thoroughfare street by participating in a portion,
or all, of the cost to construct the thoroughfare, The City Council
will consider the Developer's request on the basis of available
funding for any city cost involved and public need of the
thoroughfare paving improvements. Any sharing of costs of the
thoroughfare paving will be negotiated by the Developers and the
City Council.
D. The developer will install the curb and gutter on the thoroughfare
at the time of platting. The thoroughfare can be constructed by the
developer at the time of platting if the following conditions exist:
1. The City's participation in the cost of the thoroughfare does
not exceed 30% of the contract amount and the unit prices
in the contract are comparable with current bid prices on
City contracts.
2. The City Council has appropriated funds for the City's
share of the cost.
3. That full width paving is constructed for a minimum of
1,000 linear feet of thoroughfare.
4. Either all of the adjacent properties for this length of
thoroughfare shall have been developed or the developer
shall reach agreements with the owners of the undeveloped
properties for them to pay their share of the curb and gutter
and street paving cost to the contractor at the time of
construction.
E. If the City cost for a requested length of a thoroughfare exceeds
30% of the total cost, the City would then be required to bid and
contract the paving improvements. In this case, the following
criteria shall be required:
1. If the total abutting properties have been developed or if the
owners of abutting undeveloped properties are in
agreement to pay their share of the thoroughfare cost, then:
a. The proponent shall make a formal request of the
City Council to dedicate available funds for the
City's participation in the desired thoroughfare
paving.
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Page 45
b. At a minimum, 1,000 linear feet of full
width thoroughfare paving will be considered.
2. If the adjacent properties have not been totally developed,
but at least 50% developed, and agreements for owners of
those undeveloped properties to pay their share of the
paving costs cannot be reached, then:
a. The proponent may make a formal request of the
City Council to initiate an assessment paving
program for the thoroughfare paving if funding is
available for the City's participation in the cost.
However, as a standard, thoroughfare paving
improvements will not be assessed (See Section IV.
A. (1) of this Paving Policy).
b. At a minimum, a half -mile of full width
thoroughfare paving will be considered unless
reasonable limits of terminating the project less than
one-half mile exist for this thoroughfare.
IX. STRIP PAVING
A. Strip paving is not considered standard, permanent paving, but
only a temporary paving measure until fall width paving with curb
and gutter can be constructed.
B. As a standard, strip paving will not be considered except for
thoroughfare streets. All strip paving will require City Council
approval.
C. The City Council may initiate strip paving of an unpaved
thoroughfare street if needed for access or traffic concerns if
adequate funding exists.
D. A developer, with City Council approval, may construct strip
paving on an unpaved thoroughfare to provide paved access to
his/her development or adjacent to their subdivision with the
following considerations:
1. The developer can request the City Council fund the
thoroughfare strip paving construction from the limits of
his/her subdivision to the location of the nearest existing
thoroughfare paving. However, should the funding not be
approved by the City Council, the developer may construct
the thoroughfare strip paving at his/her cost but no future
compensation to the developer will be due from the City for
the construction of this temporary paving.
2. The developer, immediately adjacent to the proposed
subdivision, will either construct the full width thoroughfare
paving (in accordance with paragraphs VIII-B, VIII-C or
VIII-D) or construct temporary strip paving. Strip paving
cost adjacent to a subdivision at the time of platting shall be
borne by the developer with no compensation due to the
developer from the City at the time of construction or any
time in the future. The developer, if strip paving is
constructed, will still be responsible for the construction of
curb and gutter at the time of platting.
E. Any strip paving approved by the City Council will be constructed
by the developer for thoroughfares through the Subdivision paving
method or by Street Use Permits. Assessment Paving and
Resolution Paving methods which involve City participation in the
cost of the improvements is intended for permanent full width
paving, not temporary paving.
F. The minimum design standard for strip paving a non -thoroughfare
street unless otherwise approved by the City Council, will include
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a 24 foot wide paved strip with a 2 foot wide caliche base shoulder
on each side. A minimum depth of twelve inches of subgrade
preparation, a six inch depth of compacted caliche base and a one
and one-half inch depth of asphaltic concrete surface will be
required for this type strip paving. The details and materials of
construction will conform to current residential street paving
specifications and City ordinances.
G. The minimum design standard for strip paving a thoroughfare
designated street, unless otherwise approved by the City Council,
will include a 24 foot wide paved strip with a 2 foot wide caliche
base shoulder on each side. A minimum depth of twelve inches of
subgrade preparation, a six inch depth of compacted caliche base
and a one and one-half inch asphaltic concrete surface will be
required. The details and materials of construction will conform to
current residential street paving specifications and City ordinances.
H. Should the City or a developer construct temporary strip paving
along a designated thoroughfare street, the City or developer will
construct temporary asphalt paving from existing paved streets or
paved alleys to the edge of the new strip paving. The City will
maintain these temporary paved tie-ins in the future thoroughfare
paving area. The construction and maintenance of any temporary
paving tie-ins (connecting driveways) from private driveways to
the strip paving will be the responsibility of that abutting property
owner. Any new development that occurs after the thoroughfare
strip paving has been constructed will be responsible for the
construction and maintenance of their temporary paved connecting
driveway tie-ins from the curb or their property to the edge of the
strip paving. These temporary tie-ins will be required through the
building permit of this new development.
I. The City will not construct or maintain any connecting driveways
from the property to the edge of the strip paving on any non -
thoroughfare streets. The abutting property owner will be
responsible for the construction and maintenance of these
connecting driveways. The abutting property owners authority to
construct these driveways will be through a building permit.
J. Approval of a connecting driveway to strip paving shall conform to
one of the following criteria:
1. The elevation of the driveways shall follow the
grade of the ditch, except that the lowest elevation of the
driveway may be a maximum of two inches higher than the
flowline of the ditch.
2. If the ditch has sufficient depth, the owner may use
an approved circular or arch pipe culvert under his/her
driveway. The pipe will have a minimum diameter of 24
inches if circular. If an arch pipe is used, the equivalent
minimum diameter shall be 24 inches. The property owner
will be responsible for furnishing and installing any pipe
culverts for non-residential properties. The property owner
will be responsible for furnishing the pipe for residential
driveways but may request the City's Street Department
perform the installation. The City's Street Department will
approve the grade of all pipe culverts.
X. ACCEPTANCE OF PRIVATE STREETS AS PUBLIC STREETS
A. This section relates to the dedication of an existing paved or
otherwise improved private street or drive as a public street. These
private streets would typically be included in a subdivision plat
designating these drives or streets as private.
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B Acc;,ptance of private streets as public Nvill require City Council
approval.
C. Consideration of this dedication of a private street will be based on
meeting the City's standard design criteria for that type of street.
If the street does not meet standard right-of-way width
requirements, paving width standard requirements, typical curb
and gutter design requirements, or the pavement surface or base
depth standard requirements, the proponent, in their dedication
request to the City Council, will outline the measures they intend
to take in providing that their street will meet minimum design
standards. Any such measures, such as reconstruction, widening,
overlays, or replacements shall be performed prior to the official
acceptance of this private street as a public street.
D. Should dedication of a private street in poor condition be
requested, certain rehabilitation and maintenance measures shall be
required prior to acceptance of that street. Failures shall be
repaired, and an overlay or one course or two course seal coat may
be required, depending on the condition of the pavement surface,
prior to dedication.
E. All costs necessary to provide that the private street meet minimum
standards necessary for dedication as a public street will be paid by
the proponents of this request prior to acceptance of the dedication.
XI. POLICY
A. This policy is intended to be in conformance with State Laws, the
City Charter, and City Ordinances on this subject of paving streets
and alleys within the City of Lubbock and will be utilized and
construed in accordance therewith. However, in case of conflict,
State Law and/or the City Charter and City Ordinances shall take
precedence over this Resolution.
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This resolution replaces the previous paving policy resolution dated March 23,
2006.
This revision to the paving policy removes the requirement of the abutting
landowners to pay a share of the thoroughfare paving cost. The construction
of the thoroughfare curb and gutter, at the time of subdividing property, will
remain a requirement of the developer when platting the property.
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The current paving policy has required a developer, platting property abutting
a designated thoroughfare, prepay the then current estimated cost to pave a
16.5 foot width of the thoroughfare street if zoned residential (R-1 or R-2
zoned property). The developer has been required to prepay the cost to pave a
27.5 foot width of the thoroughfare pavement if the property was other than
residential use. The width of a T-2 designated thoroughfare street is 88 feet
from face -of -curb to face -of -curb, or 85 feet of pavement width.
Current policy has required developers to prepay their designated width of 33
feet, if there was residential property on both sides of the thoroughfare, with
the City responsible for the center 52 feet of width. If non-residential property
was on both sides, the developers were responsible for 55 feet of pavement
width, with the City responsible for the center 30 feet.
In the typical mile of a thoroughfare street, the thoroughfare corners would
have 10-acre commercial tracts, usually 660 feet by 660 feet, with the
remaining abutting property between the commercial corners zoned for
residential use, about 3,840 feet of residential property abutting the
thoroughfare.
The problems with prepaying thoroughfare paving costs include:
1. Disagreement over responsibility of paving thoroughfares. Thoroughfares
are an overall responsibility of the City to move traffic as part of the
overall transportation system, and that responsibility should not fall on
adjacent landowners. For specific developers (and ultimately specific
homeowners) to pay for a thoroughfare enjoyed by all is an inequity.
2. Prepaid paving deposits made to the City do not keep up with inflation.
3. Prepaid paving deposits made to the City may stay in the prepaid account
for years until the project is constructed, and the prepaid funds are used.
For example, there are prepaid funds remaining in accounts that were
originally deposited in the 1960's. Developers have complained about
requiring these funds, as a platting requirement, without seeing anything
done with the money for years. Requiring developers to pay for a service
that is not provided is not appropriate.
A second method of requiring property owner financial participation in the
cost of thoroughfare pavement improvements is through assessment paving
programs. Assessments have been attempted on thoroughfare paving projects
on properties that have not been platted, or on property owners who did not
prepay their thoroughfare costs for whatever reasons (such as properties
platted before annexation into the City). Pursuant to State Law, an assessment
cannot exceed the paving improvements enhancement value to that abutting
property. This has been a problem on thoroughfare paving for at least the last
15 years, where the enhancement did not nearly approach the calculated
amount the abutting owner should pay toward the paving cost. Appraisers
have consistently found that residential properties have had no enhancement
value due to adjacent thoroughfare paving, which has resulted in zero
assessments on unplatted residential properties.
To offset the loss of revenue somewhat by eliminating costs of thoroughfare
paving to the adjacent properties, the proposed paving policy requires
developers to pay the full width street costs interior to the subdivision. Current
policy provides for the City to pay extra width costs of paving on designated
collector streets. The proposed policy will eliminate the extra width City cost
participation.
Staff met with the Developers Council of the West Texas Homebuilders
Association on July 5 to discuss these issues.
Staff plans to discuss having the developer construct the sidewalk on
thoroughfares, as part of their platting requirement, and at the same time they
construct the thoroughfare curb and gutter. This will ensure continuous
sidewalks along the City's thoroughfares, and, at a minimum, sidewalks
abutting developed properties.
Regular City Council Meeting
July 10, 2006
Page 49
A requirement for the developer to construct curb ramps at all intersections
within their subdivision, instead of requiring the ramps to be constructed by
the builder at the time of the building permit will also be discussed. It is staffs
opinion that requiring the developer's paving contractor to construct curb
ramps at the time of street construction should result in better consistency and
compliance with ADA requirements.
The thoroughfare sidewalk and curb ramp issues will have to be addressed
through Code changes, if directed by Council. These Code changes will be
presented at a later Council meeting.
FISCAL IMPACT
There will be a net loss of revenue, which is the difference between
thoroughfare prepaid paving the City receives from developers plus
assessments through assessment paving programs and the City reduction in
cost of extra width paving on collector streets. The total loss will depend on
when the prepaid paving was deposited with the City, and how that amount
compares with current construction prices.
In an effort to attempt an estimate of the revenue change, the following
scenarios were estimated, assuming different stages of development on one
side of a mile -length of thoroughfare street:
(a) Assuming all abutting property was subdivided now, having prepaid their
paving cost at current prices, and the thoroughfare was being built now at
the same unit costs, the net revenue loss would be approximately
$419,000. This scenario would be the worst case, or greatest estimated
revenue loss. This is also the least likely scenario. Historically, properties
abutting thoroughfares develop over long periods of time, and therefore
their prepaid paving unit costs would have been paid at different and
increasing rates over time.
(b) Assuming half the abutting properties were subdivided years ago using old
unit paving prices for prepaid, and attempting an assessment on the
properties still not subdivided, the net revenue loss would be
approximately $100,000.
(c) Assuming half the properties were subdivided using current unit prices for
their prepaid paving, and attempting to assess the other properties still not
subdivided, the net revenue loss would be approximately $227,000.
The net revenue loss would most likely be in a range between scenario (b) and
scenario (c).
Again, the above estimates indicate the net loss of revenue (prepaid plus
paving assessments) less the City's extra width participation on collector
streets interior to the section line thoroughfare streets. The estimates are
amounts based on one side of one mile of a typical thoroughfare street and one
fourth of the total extra width of all collectors within the typical section line
thoroughfares.
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO352 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.26. Contract Resolution - Community Development: Resolution No.
2006-RO353 authorizing the Mayor to execute an amendment to a
Community Development funding contract with Lutheran Social Services
Neighborhood House to fund the Comprehensive Energy Assistance
Elderly/Disabled and Energy Crisis Components.
Regular City Council Meeting
July 10, 2006
Page 50
RESOLUTION NO.2006-RO353
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 Amendment to a
Community Development Block Grant (CEAP) Agreement, dated January 31, 2006, by
and between the City of Lubbock and Lutheran Social Services, and all related
documents. Said amendment is incorporated in this Resolution and is available for
review in the City Secretary's office, as if fully set forth herein and shall be included in
the minutes of the City Council.
Passed by the City Council this loth day of July, 2006
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton, Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the amendment is filed with Resolution No. 2006-R0353.
Grantee: Lutheran Social Services.
Program: CEAP Elderly/Disabled & Energy Crisis.
Funding Source: 2006 Comprehensive Energy Assistance Program (CEAP).
Use of Funds: CEAP Funds are to be used to provide utility assistance to
qualified elderly/disabled and low-income families with children and
individuals.
Amount: These are additional funds of $224,410. Council previously
approved $160,685 from CEAP funds and $30,000 from CSBG funds, for a
total of $415,095.
Match: None.
Return of Investment: None.
Terms: January 1, 2006 through December 31, 2006.
Comments: Funding for this contract was approved by the Community
Development and Services Board (CDSB) during their regularly scheduled
meeting held on December 7, 2005. City Council approved the contract on
January 31, 2006. The additional funding was approved by CDSB during
their regularly scheduled meeting held on June 7, 2006. The first reading for
the additional appropriation of these funds took place during the City Council
meeting held on June 8, 2006, under Budget Amendment #18.
FISCAL IMPACT
The funds used are from the Comprehensive Energy Assistance Program and
the Community Services Block Grant. The maximum to be allocated to this
project is $415,095.
Staff recommended approval of this resolution.
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Regular City Council Meeting
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Page 51
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0353 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.27. Contract Resolution - Community Development: Resolution No.
2006-R0354 authorizing the Mayor to execute an amendment to a
Community Development funding contract with Life Run Independent
Living to fund the Comprehensive Energy Assistance Elderly/Disabled
Component.
RESOLUTION NO.2006-R0354
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 Amendment to a
Community Development Block Grant (CEAP) Agreement, dated January 31, 2006, by
and between the City of Lubbock and Life Run Independent Living Centers, and all
related documents. Said amendment is incorporated in this Resolution and is available
for review in the City Secretary's office, as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the amendment is filed with Resolution No. 2006-R0354.
Grantee: LIFE Run Independent Living
Program: CEAP Elderly/Disabled Component
Funding Source: 2006 Comprehensive Energy Assistance Program (CEAP)
Use of Funds: CEAP funds are to be used to provide utility assistance to
qualified Elderly/Disabled individuals.
Amount: These are additional funds of $68,500. Council previously approved
$40,000 from CEAP funds and $5,000 from CSBG funds, for a total of
$113,500.
Match: None
Return of Investment: None
Terms: January 1, 2006 through December 31, 2006
Comments: Funding for this contract was approved by the Community
Development and Services Board (CDSB) during their regularly scheduled
meeting held on December 7, 2005. City Council approved the contract on
January 31, 2006. The additional funding was approved by CDSB during their
regularly scheduled meeting held on June 7, 2006. The first reading for the
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Regular City Council Meeting
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Page 52
additional appropriation of these funds took place during the City Council
meeting held on June 8, 2006, under Budget Amendment #18.
FISCAL IMPACT
The funds used are from the Comprehensive Energy Assistance Program and
the Community Services Block Grant. The maximum to be allocated to this
project is $113,500.
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0354 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.29. Contract Resolution - Police: Resolution No. 2006-R0355 authorizing the
Mayor to execute a purchase order for uniforms - annual pricing, BID
#06-046-RW
RESOLUTION NO.2006-R0355
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 Letter Agreement by and between the City of
Lubbock and Red The Uniform Tailor, Inc., of Lakewood, New Jersey, for police
uniforms -annual pricing, which Agreement and any associated documents, are attached
hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 1 Oth day of July, 2006.
/S/ DAVID A. MILLER
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Police Chief
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the agreement is filed with Resolution No. 2006-R0355.
This bid establishes pricing for custom made -to -measure uniforms for a period
of one year with the option to renew for two additional one-year periods.
These custom tailored uniforms are cut and fit to each individual officer. The
uniforms are worn as dress uniforms for special events and on occasions when
formal uniform attire is required, or worn as normal duty uniforms.
Police Custom Made -To -Measure Uniforms Annual Pricing is to establish
firm pricing for custom tailored uniforms for a period of up to three years.
Tailored uniforms are custom made to measure according to each individual
measurement; worn as dress uniform for special events/occasions when
formal uniform attire is required; and/or as normal duty uniform.
Red The Uniform Tailor of Lakewood, New Jersey was the only bidder who
met the specifications to provide a custom tailored made -to -measure uniform.
This company has previously provided custom tailored made to measure
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Regular City Council Meeting
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Page 53
uniforms to the Lubbock Police Department and has a good reputation for
providing a high quality product and good customer service.
Tyler Uniform, Inc. of Tyler, Texas submitted a bid for "off -the -rack"
Frontline Uniforms altered to a custom -fit. Specifications do not allow
modification, or alteration of stock -sized (for example: 1602 shirt or 3204
trouser) uniform items. The Police Department currently has an annual
contract for Blauer "off -the -rack" duty uniforms.
FISCAL IMPACT
$359,012 was appropriated with $293,193 available in account 5735.8123,
Uniforms, for this purpose.
Staff recommended bid award to Red The Uniform Tailor, Inc. of Lakewood,
New Jersey for $78,356.
Police Chief Claude Jones and Fire Chief Steve Hailey gave comments and
answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Boren to pass Resolution No. 2006-R0355 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.31. Contract Resolution - Fleet Services: Resolution No. 2006-R0356
authorizing the Mayor to execute a purchase order for the repair of solid
waste equipment.
RESOLUTION NO.2006-R0356
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 Warren Cat of Lubbock, Texas, for equipment undercarriage replacement,
which Contract and any associated documents, are attached hereto and made a part of this
Resolution for all intents and purposes.
Passed by the City Council this 1 Oth day of July, 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 Manager
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
A copy of the contract is filed with Resolution No. 2006-R0356.
The Caterpillar D8 bulldozer used for trash compaction at the City's landfill
requires a complete overhaul of its undercarriage. This equipment is used to
move soil to repair erosion, to cover the working area at the end of each day,
for excavation projects, and for road repair.
The City landfill has experienced a 40% increase in waste stream volume
since a private landfill shut down last month. An additional 333 tons of waste
per day has added work for the landfill equipment. In June 20006, the local
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Regular City Council Meeting
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Caterpillar dealer who services our Caterpillar equipment indicated that the
D8 bulldozer will need an undercarriage replacement within two months at the
rate staff are using it. The D8 bulldozer was being used four to five hours per
day and is now being used eight to ten hours per day. A Caterpillar D7
bulldozer from the old City landfill will be used during the estimated 10 days
it will take to repair the D8.
Overhaul includes replacement of rollers, idler arms, pins, rocker groups,
sprockets, pads, and link assemblies. Warren CAT of Lubbock, Texas is the
authorized original equipment dealer for Caterpillar, Inc. in Oklahoma and
West Texas. Warren CAT is the sole supplier of Caterpillar equipment and
parts and service of that equipment.
FISCAL IMPACT
$149,000 is available in account 5515.8202, Landfill Equipment Maintenance
- Motor Vehicle, for this purpose. Repairs are estimated to cost $49,135.
Staff recommended approval of this resolution.
Terry Ellerbrook, Director of Solid Waste, gave comments and answered
questions from Council. City Manager Lee Ann Dumbauld gave comments.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO356 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.1. Board Appointments - City Secretary: Consider three appointments to
Civic Lubbock, Inc. Board of Directors.
Motion was made by Council Member Jones, seconded by Mayor Pro Tem
Gilbreath to reappoint Murray Hensley, Jim White, and William Lowell to the
Civic Lubbock, Inc. Board of Directors. Motion carried: 7 Ayes, 0 Nays.
6.2. Contract Resolution - Water Utilities: Resolution No. 2006-RO357
authorizing the Mayor to execute a contract with Lockwood, Andrews &
Newman, Inc. for professional engineering services for pump system
evaluation, RFQ #05-144-BM.
RESOLUTION NO.2006-RO357
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 Professional Services
Contract, by and between the City of Lubbock and Lockwood, Andrews & Newnam,
Inc., and all related documents. Said Professional Services Contract is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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Regular City Council Meeting
July 10, 2006
Page 55
Passed by the City Council this 1 Oth day of July 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/ Richard Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Professional Services Contract is filed with Resolution No. 2006-R0357.
More than 20 years have passed since the water distribution pumping system
has been thoroughly evaluated. The purpose of this project is to evaluate the
pumping system regarding energy consumption, mechanical integrity,
structural integrity and regulatory requirements. The pump system includes 10
pump stations, 8 ground storage reservoirs, and 4 elevated tanks in Lubbock,
as well as the Shallowater/Reese pump station/reservoir and the Sudan pump
station/reservoir located outside of Lubbock. This contract will include a
complete energy audit and the evaluation will analyze all pump station major
electrical and mechanical units such as pumps, motors, electrical switchgear,
and valves, and will analyze all pump station major structures such as pump
buildings and storage reservoirs, as well as elevated tanks. The evaluation will
include recommendations and propose options regarding energy conservation,
mechanical and structural rehabilitation and improvements, and compliance
with current, pending and future regulatory requirements for the next 20 years.
The following firms responded to the RFQ and were ranked as follows:
Lockwood, Andrews & Newman of Austin, TX - 439 points
HDR Engineering of Austin, TX - 413 points
Carter & Burgess of Dallas, TX - 359 points
Brown & Gay Engineers of Fort Worth, TX - 352 points
The evaluation criteria in the RFQ included 1) project team organization and
qualifications, 35%; 2) past project experience, 25%; project approach, 30%;
and overall responsiveness to the RFQ, 10%.
After reviewing the statements of qualifications and hearing oral
presentations, the evaluation committee unanimously recommended contract
award to Lockwood, Andrews & Newman. The committee determined that
the proposal by Lockwood, Andrews & Newman, Inc. best meets the needs
and requirements of the project. This firm demonstrated excellent knowledge
and preliminary analysis of the pump system, detailed a project approach
designed to provide thorough analysis of the pump system, and demonstrated
extensive experience on similar projects.
FISCAL IMPACT
$250,000 is appropriated in capital project #8515, Pump System Evaluation.
An additional $40,000 for this project is included in budget ordinance
amendment #19.
Staff recommended contract award to Lockwood, Andrews & Newman, Inc.
of Austin, Texas for $288,526.
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Tom Adams, Deputy City Manager/Water Utilities Director, gave comments
and answered questions from Council.
Motion was made by Council Member Price, seconded by Council Member
Leonard to pass Resolution No. 2006-RO357 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
6.3. This item was considered following Item 4.1
6.4. This item was considered following Item 5.20.
11:20 A.M. CITY COUNCIL RECESSED
1:33 P.M. CITY COUNCIL RECONVENED
7. WORK SESSION
7.1. Quarterly Financial Report - Finance: Presentation of Quarterly
Financial Report.
Jeffrey Yates, Chief Financial Officer, gave a presentation on the Quarterly
Financial Report through May 31, 2006. He then answered questions from
Council. Marsha Reed, Civil Engineer, and City Manager Lee Ann Dumbauld
assisted in answering questions from Council.
7.2. Citizens Advisory Committee - City Council: Discuss formation and
duties of a possible citizens advisory committee for a bond election and
related topics.
Council discussed formation and duties of a possible citizens advisory
committee for a bond election and related topics. Mayor Miller opened
discussion on the potential of a bond election. He stated that according to
State Law, these elections are prohibited from occurring any more frequently
than twice a year, that being in May and November. In order to move forward
on some important items (such as infrastructure, replacement of water lines
and expansion of sewer lines, street repairs and building new streets), thought
should be placed on the process. The Mayor went on to say that he and the
Council would like to have significant citizen input on these issues, because
citizen approval is required for bonds.
Council Member Boren pointed out that there are a lot of working needs in
different areas of Lubbock that are necessary to keep growing our economy
and growing our tax base. He said the best way to do that is for every dollar
we can invest into our infrastructure, we would encourage private
development/private dollars to come in. Boren stated that to meet the long list
of needs of the community, May 2007 would probably be the best time for an
election, and this would give citizens enough time to look at things.
Mayor Pro Tern Gilbreath informed the Mayor that, in the past, the way it
worked was the City Council appointed a Citizens Advisory Committee. This
committee advises the City Council and the City of Lubbock on what the
citizenry thinks is important and appropriate, in terms of projects and amounts
to be spent. Each Council member appoints two individuals from their
district, and the Mayor appoints the Chairman of the Citizens Advisory
Committee, plus a couple of individuals. Mr. Gilbreath feels that this would
be a great way to go about it this time.
Consensus from City Council was for each Council member to appoint two
individuals from their district and the Mayor appoint one. Council requested a
resolution for the July 25, 2006 meeting to create the committee. Mayor
Miller asked City Manager Dumbauld to prepare a "scorecard" of the projects
for the next meeting.
Council Member DeLeon said she wants to look at a "report card" of the 1999
Bond Projects to see the status. She said she is concerned with the projects
not moving quickly.
56
Regular City Council Meeting
July 10, 2006
Page 57
2:05 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
Read and approved this z->) day of �'t i� I , 2008.
oe
DAVID A. NdILLER, MAYOR`
ATTEST:
R ecca Garza, City Secretary
57