HomeMy WebLinkAboutMinutes - City Council - Regular - 9/26/1991CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 26, 1991
10:00 A.M.
91-50B-667-580
(24.) Hold an Executive Session to discuss pending
litigation regarding Codes Enforcement.
91-50B-667-581
(33.) Hold an Executive Session to discuss personnel
matters regarding duties, responsibilities and/or
appointments to:
Civic Centers Board
The City Council of the City of Lubbock, Texas met in regular session on
the 26th day of September, 1991 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman
Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker,
Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry
J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary
Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
( 1.) The Invocation was given by Mark Hindman, Budget and
Research Director.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Patterson to approve the Minutes of
the September 12, 1991 Regular City Council meeting
as written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Board Appointments
91-50B-667-582
( 5.) Bill Poteet, Chairman of the Chamber of Commerce
Events Facility Task Force, will appear to present a
recommendation concerning the Events Facility.
According to Staff memo, on September 17, 1991, the
Chamber of Commerce Events Facility Task Force met
to consider the final report presented by David
Petersen, Project Manager of Price Waterhouse.
Bill Poteet, Chairman of the Chamber of Commerce
Events Facility Task Force, appeared to present Task
Force recommendations regarding an events facility
as follow:
1. Recommend construction of a new
events facility to replace the
existing facility at some time in
the future, and
September 26, 1991
Page 668
2. Recommend expansion of the Civic
Center to include an exhibit hall
with a minimum of 40,000 square feet
plus 10,000-20,000 square feet of
meeting room space, including
additional kitchen facilities,
storage and office area.
Mr. Poteet stated that the Committee recommended
that the Municipal Coliseum be improved to ensure
the health and safety of the users but that
enhancements should not be considered. The
Committee also concluded that decisions such as the
number of seats or the square footage of the arena
floor, actual time for construction, and financing
methods for construction of the events facility
should be made by the City Council.
Councilman Aderton commented that he had received
calls and complaints from constituents regarding the
possibility of the Coliseum being torn down and that
he opposed destruction of this facility. He stated
his opinion that it could be refurbished to
accommodate as many as 9,000 people and recalled
that when it was a new structure it was used to its
full capacity. Councilman Aderton stated that it
could be made comfortable so that it could be
occupied by the public year-round, and that it would
be to the City's advantage to maintain the building.
Councilman Aderton advised further that if the City
must dispose of the Coliseum, that it should be
given to Tech if they would accept it, but expressed
again that the structure is worth saving if only to
save the expense of replacing it. Mr. Aderton
stated that he favors the all sports arena at a
later date but is opposed to considering it at the
present time.
Councilwoman Trejo stated that the only action
Council was taking at this meeting was to accept the
report of the Task Force and expressed her opinion
that before a final decision is made about whether
or not to build an all sports facility, it should be
taken to a vote of the people.
Mayor McMinn agreed and stated that the Task Force
discussed and agreed that the appropriate thing to
do would be to call for a vote on the issue. Mayor
McMinn went on to say that at the time of such an
election, Council would have in place a
recommendation for financing the facility.
Mayor McMinn commented further that the Task Force
was not recommending destruction of the Coliseum,
but rather recommended that only minimal repairs be
made to ensure the health, safety and welfare of
those using the facility and that it not be air
conditioned or refurbished further.
Motion was made by Councilman Maloy, seconded by
Councilwoman Baker to accept report of the Chamber
of Commerce Events Facility Task Force as submitted.
Motion carried: 7 Yeas; 0 Nays.
September 26, 1991
Page 669
91-50B-669-583
( 6.) ORDINANCE #9475--Adopting Martin Luther King, Jr.
Day as an Official City Holiday.
ORDINANCE #9475
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 2-6 THEREOF WHICH PROVIDES
FOR HOLIDAYS FOR CITY EMPLOYEES.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to pass on second and final
reading Ordinance #9475. Motion carried: 7 Yeas; 0
Nays.
( 7.) ORDINANCE #9476--Abandoning and closing a
Transformer Pad Easement located in Section 15,
Block E-2 (8301 Vicksburg).
ORDINANCE #9476
AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT OUT
OF SECTION 15, BLOCK E-2, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN 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.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to pass on second and final
reading Ordinance #9476 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
91-50B-669-585
( 8.) ORDINANCE #9477--Amending Ordinance #9452 concerning
Street and Alley Use Agreement with Southwestern
Bell Telephone Company.
ORDINANCE #9477
AN ORDINANCE AMENDING ORDINANCE NO. 9452 OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO THE OPERATION OF A TELECOMMUNICATIONS BUSINESS BY
SOUTHWESTERN BELL TELEPHONE COMPANY IN, ALONG, ACROSS, ON, OVER,
THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS,
SIDEWALKS, BRIDGES OR PUBLIC WAYS IN THE CITY OF LUBBOCK BY AMENDING
SECTION 13 OF SAID ORDINANCE, WHICH PERTAINS TO COMPENSATION TO THE
CITY; PROVIDING FOR PUBLIC NOTICE OF THIS ORDINANCE; PROVIDING FOR
WRITTEN ACCEPTANCE OF THIS ORDINANCE BY SOUTHWESTERN BELL TELEPHONE
COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to pass on second and final
reading Ordinance #9477 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
September 26, 1991
Page 670
91-50B-670-586
(15.)
Airport).
RESOLUTION #3715
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
instrument entitled "Gas Line Easement" covering a part of Section 32,
Block A, Lubbock, Lubbock County, Texas, unto Energas Company, a
Division of Atmos Energy Cor-poration, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 26th day of September, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
GAS LINE EASEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT, CITY OF LUBBOCK, the undersigned, hereinafter referred to as
GRANTOR, for and in consideration of the sum of ONE AND NO/100 DOLLARS
($1.00), and other good and valuable consideration to GRANTOR in hand
paid by ENERGAS COMPANY, a Division of Atmos Energy Corporation,
hereinafter referred to as GRANTEE, the receipt of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto GRANTEE, its
successors and assigns, a right-of-way and easement to lay, maintain,
operate, remove, or replace (either in conjunction with or prior to the
removal of the then existing line) gas distribution lines and service
laterals, meters, regulators and all necessary appurtenances thereto,
in, along, under, across, over and through the following described
property in Lubbock County, Texas, to -wit:
September 26, 1991
Page 671
That certain tract of land out of Section 32, Block A,
Lubbock, Lubbock County, Texas. This easement being more
particularly described by metes and bounds as follows:
BEGINNING at a point which bears West a distance of 40.00
feet and North a distance of 556.00 feet from the Southeast
corner of Section 32, Block A, Lubbock, Lubbock County,
Texas;
THENCE North a distance of 20.00 feet;
THENCE West a distance of 130.00 feet;
THENCE South a distance of 20.00 feet;
THENCE East a distance of 130.00 feet to the PLACE OF
BEGINNING.
and this grant shall carry with it the right of GRANTEE to enter upon
said land at all times for the purposes of making improvements and
repairs to said lines, service laterals, meters, regulators, and
appurtenances thereto, with the right of ingress, egress and regress to
the said GRANTEE, its agents, workmen, employees and representatives at
all times and seasons and including the right of removing, repairing,
maintaining and reading meters.
All work, maintenance, repair, etc. necessary to be done in
connection with any main and appurtenances thereto which will occupy the
right-of-way and easement herein granted shall be done in an approved
manner with as little damage to said above described premises as may be
practical considering the nature of any such work, repairs, maintenance,
etc., and the main itself shall be buried to a depth at least forty-two
(42) inches below the surface of the ground, unless caliche or rock
formations be encountered, in which event it shall be buried at least to
--- the depth of the top of said caliche or rock formation. GRANTOR may
fully use and enjoy said premises, to the extent that the use and
enjoyment thereof by Grantor does not hinder, conflict or interfere with
the exercises of the GRANTEE'S rights hereunder and it is agreed that no
building, reservoir or structure shall be constructed by GRANTOR upon,
under or across said right-of-way and easement without GRANTEE'S written
consent.
TO HAVE AND TO HOLD the above described rights and easements,
together with any other rights necessary to maintain, operate and keep
in service at all times gas distribution mains and all appurtenances
thereto, over and through said above described premises unto the said
GRANTEE, its successors and assigns.
September 26, 1991
Page 672
It is hereby understood that the parties securing this grant in
behalf of the GRANTEE are without authority to make any covenant or
agreements not herein expressed.
WITNESS THE EXECUTION HEREOF on the 26th day of September, 1991.
CITY OF LUBBOCK
BY: Ls/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared B. C. McMINN, Mayor
of the CITY OF LUBBOCK, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed
and in the capacity therein stated as the act and deed of the CITY OF
LUBBOCK.
1991.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of September,
/s/ Olivia R. Solis
Notary Public in and for
the State of Texas
This Resolution authorizes the Mayor to execute a
Right -Of -Way Easement with Energas to cross a
portion of City property with a gas line. The
Easement is 20' wide and 130' long and runs eastward
from the east side of the Lubbock International
Airport control tower to the north -south County
Road.
Gas service was requested by the Federal Aviation
Administration to provide a more cost effective
energy source to the tower. Energas is a franchised
utility in the City of Lubbock which enables their
use of streets, alleys, and utility easements.
Since none of these are available, Energas must
cross an unplatted portion of City property under
the use of this Easement.
September 26, 1991
Page 673
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize Resolution #3715
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50B-673-587
(16.) Consider the closing of completed Community
Development projects and associated adjustments to
the Contingency Fund.
At the end of each fiscal year the Community
Development projects which have been completed
during the previous year are closed and the budget
underruns and overruns are reconciled to the
Contingency Fund.
September 26, 1991
Page 674
According to Staff memo, the following projects have
been completed during the past year:
Original Expenditures Under Over
Budget As of 5/31/91 Budget Budget
1987
13th YR Arnett
Benson $ 210,000 $ 189,317.29 $ 20,682.71
14th YR Arnett
Benson
138,800
121,307.81
17,492.19
14th YR Onsite Red.
75,000
62,262.69
12,737.31
CD -Homestead Prop Mgt
10,000
9,299.79
700.21
CD -Parkway Ctr/Bldg.
113,000
113,000.00
.00
TR-Signal Upgrade/
Univ & Auburn
35,000
29,191.33
5,808.67
PR -Carlisle Annex
Park Development
67,000
68,835.29
(1,835.29)
i •:•
15th YR Resident Reh
600,000
595,297.11
4,702.89
15th YR Arnett Benson
138,800
132,010.34
6,789.66
15th YR Onsite Redev.
75,000
70,586.41
4,413.59
PR -Burns Playground
17,400
12,180.98
5,219.02
PR -Hodges Ballfield
28,500
28,376.27
123.73
PR -Mackenzie Park/
Park Lighting
92,600
68,564.21
24,035.79
PR -Park Lighting/Hood
Simmons Guad.
40,120
32,151.40
7,968.60
CD-M.C. Overton Park
Expansion/II
245,503
140,881.56
104,621.44
CD-Sidewalks/AB
60,000
51,421.36
8,578.64
CD -New Directions
20,000
16,725.38
3,274.62
CD -Fair Housing
Analysis
5,000
3,896.00
1,104.00
EN -Franklin Estates
41,000
31,364.60
9,635.40
PR -Helen Hodges
Lighting
40,000
29,358.00
10,642.00
EN -Chapel Hill
Paving/Bates
34,000
26,978.61
7,021.39
1990
PR-Ballfield Bleacher
Replacement
26,500
25,059.22
1,440.78
PR-Butler/Outreach Prg
16,300
18,920.37
(2,620.37)
PR -Carlisle Park Dev./
Phase II
34,000
27,482.11
6,517.89
PR -Summer Recrea. Prg.
17,000
22,478.27
(5,478.27)
PR -Summer Recrea. Prg.
Phase II
20,600
10,442.26
10,157.74
CE-Conc. Code Enf.
191,393
178,983.53
12,409.47
CD-Sidewalks/AB
51,000
35,601.84
15,398.16
CD -Paint -Up Program
25,000
44,468.76
(19,468.76)
CD -Indirect Cost
100,000
116,999.66
(16,999.66)
CD -Planning Documents
4,000
4,188.13
(188.13)
CD -Parkway Ctr/Bldg.
Phase II
25,000
25,000.00
CD -Project Helping
Hands
225,000
225,929.82
(929.82)
CD -Homes Security/Eld.
30,000
20,599.48
9,400.52
CD -Administration
172,000
169,798.05
2,201.95
CD -Field Services
253,000
245,374.49
7,625.51
3,004,332.42
320,703.88
273,183.58
(47,520.30)
September 26, 1991
Page 675
Budget underruns are primarily because of
competitive bidding on park lighting projects and
the M.C. Overton Park acquisition and relocation
project due to the following:
1. In-house construction of two
projects by the Parks and Recreation
Department.
2. Equipment purchases through the City
of Lubbock Central Warehouse.
3. Use of existing light poles to mount
new lighting fixtures rather than
installing new poles.
4. The use of several items (i.e.,
locks, latches,....) in the Parks
and Recreation Department's existing
inventory.
This reflects a total savings of approximately
$25,000. In addition, the M.C. Overton Park
expansion was under budget by $104,000 due to
relocation assistance payments.
The primary overrun was in the area of indirect cost
which reflects a payment of 100% of the allowable
cost to the City of Lubbock for services.
Additionally, there was a major overrun of $19,000
in the Paint -Up Program due to an increase of over
50% in the participation of last year's program.
The closing of these accounts will increase the
Contingency Fund Budget from $190,001.67 to
$463,185.25.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize closing of
completed Community Development projects and
associated adjustments to the Contingency Fund as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50B-675-588
(17.) Consider the price and conditions of sale of Parcel
Numbers 33500-17-150 and 33500-17-160 at 1104-06 2nd
Place in the Guadalupe Urban Renewal Area.
This is a routine sale of property by the Urban
Renewal Agency to Spectrum Construction, Inc., Gary
Patton, President, for $600 (@ $300 per lot). This
property is properly zoned and will be redeveloped
as a single-family residence. The proposed sale is
according to the Marketing Plan for the Guadalupe
Area adopted by the Urban Renewal Board of
Commissioners on October 17, 1989. Staff
recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to accept the price and
conditions of sale of Parcel Numbers 33500-17-150
and 33500-17-160 at 1104-1106 2nd Place in the
Guadalupe Urban Renewal Area as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
September 26, 1991
Page 676
(18.) Consider Resolution #3716 authorizing the Mayor to
execute a Termination Agreement with Ackerley
Airport Advertising.
RESOLUTION #3716
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 with Ackerley Airport Advertising, Inc. for an early
termination of the Agreement for Professional Services Display
Advertising between the City and Ackerley. Said Agreement is attached
hereto and incorporated in this Resolution as if fully set forth herein
and shall be included in the minutes of the Council.
Passed by the City Council this 26th day of September, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City
Attorney
SERVICES DISPLAY ADVERTISING
TERMINATION AGREEMENT
This Agreement is made between the City of Lubbock, a municipal
corporation in the State of Texas (hereinafter called "City") and
Ackerley Airport Advertising, Inc., a corporation authorized to do
business in the State of Texas (hereinafter called "Ackerley").
WHEREAS, the parties to this Agreement entered into an Agreement
for Professional Services Display Advertising on March 27, 1986, which
was to terminate March 27, 1992; and
WHEREAS, the parties have mutually agreed to terminate this
previous agreement on July 31, 1991.
NOW THEREFORE, for good and valuable consideration, the parties
make the following agreements to facilitate termination of this
Agreement:
I.
City agrees to waive all percentage fees and payments which would
have been due under Section II of the previous agreement from August 1,
1991, to the end of said agreement, March 27, 1992.
September 26, 1991
Page 677
II.
Ackerley agrees to transfer all airport advertising display
equipment to City on August 1, 1991, and to assign to City, all
contracts made and entered into between Ackerley and advertisers for the
renting of advertising facilities in the Terminal Building of Lubbock
International Airport, for the balance of the time on such contracts.
"Airport advertising display equipment" shall be herein defined as
permanent and removable trade fixtures, moveable advertising displays
and personal property used in advertising, with all electrical
alterations, modifications, additions, and improvements; and shall
include, but not be limited to, the four units around the baggage claim
areas, containing 18 back -lighted cannisters, 4 cannisters on the
concourse, one circular display unit, and two phone centers.
Ackerley guarantees that there are no liens on the equipment and
agrees to pay any such liens that may occur that attach before August 1,
1991.
Ackerley agrees to continue to conscientiously solicit and
endeavor to sell national advertisers and advertising agencies on the
use of advertising facilities located in Lubbock International Airport.
Ackerley shall not be considered as an exclusive agent for City for
national advertising.
IV.
City agrees to pay fifteen per cent (15%) of gross revenues
received by City for and from advertising arising from those national
advertising accounts solicited by Ackerley for City after August 1,
1991.
"Gross revenues" as used herein shall be defined as the amount
billed by invoice for advertising less any advertising agency commission
fees.
September 26, 1991
Page 678
V.
This Agreement constitutes the entire Agreement between Ackerley
and City.
IN WITNESS WHEREOF, Ackerley and City have executed this Agreement
this 26th day of September, 1991.
CITY OF LUBBOCK
BY:/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City
Attorney
ACKERLEY AIRPORT ADVERTISING, INC.
BY:/s/ Ed Petrie
Ed Petrie, Vice President
ATTEST:
/s/ Not Legible
Secretary
Ackerley Airport Advertising requested termination
of their Agreement which is due to expire in March,
1992. They are seeking relief from the minimum
payments due under their present Contract and in
return agree to give the Airport the advertising
equipment (valued at $50,000) presently located at
Lubbock International Airport. Ackerley agrees to
continue soliciting national accounts in return for
a 15% commission, but LIA will be responsible for
soliciting local business. The Airport Board voted
in their August, 1991 meeting to recommended City
Council approval of the Advertising Contract
Termination Agreement.
LIA will immediately begin receiving payments to
existing Contracts and since Ackerley was not able
to spend sufficient time soliciting locally, Staff
advised that there is good potential to increase
current billings. The Airport will test various
approaches to expanding advertising earnings over
k he next 90 days and recommend a permanent
arrangement.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3716 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
September 26, 1991
Page 679
91-50B-679-590
(19.)
RESOLUTION #3717
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Lease
Agreement with G. Greenstreet, Inc., attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 26th day of September, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Beatrice Cervantes
Beatrice Cervantes, Deputy City Secretary
for Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
LEASE AND SUBLEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Lease and Sublease Agreement is hereby made and entered into
on this the 26th day of September, 1991, by and between the City of
Lubbock and Municipal Corporation, hereinafter called "Lessor", and G.
Greenstreet, Inc., a Texas corporation, hereinafter called "Lessee."
WHEREAS, Lessor operates the Lubbock International Airport and the
adjoining grounds and facilities compatible with such operation; and
WHEREAS, Lessor finds it to be in the public interest and to the
best benefit of the citizens of the City of Lubbock to continue to
develop the Lubbock International Airport as a major air transportation
hub; and
WHEREAS, Lessor finds that economic development is a vital part of
the ongoing operations of the Lubbock International Airport; and
i
WHEREAS, Lessor is authorized by Section 380.001 of the Local
Government Code of the State of Texas and Article 46d-2, V.A.T.S. to
undertake programs for economic development; and
WHEREAS, the United States of America (Department of
Transportation) has proposed a lease agreement between itself and the
City of Lubbock for the construction of a forty thousand square foot
newly constructed hangar to be located at the Lubbock International
Airport; and
September 26, 1991
Page 680
WHEREAS, the operation by the United States of America Department
of Transportation of said hangar after construction will create a
minimum of fourteen to twenty new jobs within the City of Lubbock; and
WHEREAS, the operation of the proposed hangar by the United States
of America Department of Transportation will facilitate and augment the
facilities of the Lubbock International Airport, allowing for growth and
expansion of said Airport; and
WHEREAS, Lessee has expressed an interest to the City of leasing
from the City certain demised premises hereinafter described for the
purpose of building and constructing the hangar above mentioned; and
WHEREAS, the City of Lubbock is authorized under Article 380.001
of the Texas Local Government Code to contract with Lessee for the
implementation and administration of its economic development programs;
and
WHEREAS, Lessee has reviewed the proposed lease tendered by the
United States of America to the City of Lubbock; and
WHEREAS, Lessee has represented to the City of Lubbock that it has
the capacity to construct the hangar in accordance with the requirements
as set forth in said proposed lease between the United States of America
and the City of Lubbock; and
WHEREAS, the City of Lubbock finds that it is in the best interest
of the City to lease certain and demised property located at the Lubbock
International Airport to Lessee for the purposes of constructing the
aforementioned hangar; and
WHEREAS, Lessee has agreed upon completion of the hangar facility
to sublease that facility to the City of Lubbock for the use by the City
in accomplishing its economic development goals at the Lubbock
International Airport; NOW THEREFORE:
THE PARTIES DO HEREBY AGREE AS FOLLOWS:
LEASE
1. In consideration of the sum of ONE DOLLAR ($1.00) and the
further consideration to construct a 40,000 square foot hangar at the
Lubbock International Airport in accordance with the terms and
specifications as contained in a proposed lease between the United
States of America and the City of Lubbock, a copy of which is attached
hereto as Exhibit A and made a part hereof for all purposes, the Lessor
hereby demises and leases unto the Lessee and the Lessee hereby takes
from Lessor the demised premises as described in Exhibit B attached
hereto and made a part hereof for all purposes. To have and to hold
said premises for the lease term hereinafter set forth on all the terms
and conditions set forth in this lease.
2. The term of this lease shall be for a period of twenty (20)
years, which term shall commence on the day of execution of this lease
between Lessor and Lessee. However, there shall be added to such term
the length of time required to construct the hangar facilities herein
contemplated, which additional time shall be determined as set forth in
paragraph II, subparagraph 1(a) of this agreement.
0
3. The demised premises shall mean those premises as described
and set forth on Exhibit B attached hereto and made a part hereof for
all purposes.
4. Lessee hereby acknowledges, agrees and represents that it
will undertake the construction of the 40,000 square foot hangar to be
located at the Lubbock International Airport on the demised premises as
set forth in Exhibit B as soon after the execution of this Lease
Agreement as is practical.
September 26, 1991
Page 681
5. Lessee represents that it will prosecute the construction of
the aforementioned hangar with due diligence. Lessee's proposal calls
for a completion date of February 1, 1992; and although that date is
considered reasonable by all parties, Lessee will attempt to meet a
January 15, 1992 deadline imposed upon the Lessor by the FAA as
referenced in Exhibit E attached hereto and made a part hereof for all
purposes.
6. Lessee acknowledges that time is of the essence of this
contract, which fact has been specifically called to the attention of
Lessee as a result of the agreement set forth in Exhibit A attached
hereto and made a part hereof.
7. Lessee agrees to assume the responsibility of procuring all
necessary architects, engineers, contractors and subcontractors
necessary to construct the facility contemplated by this Lease
Agreement.
8. Lessee understands and agrees that the facility to be built
by Lessee as part of the consideration of this Lease Agreement shall be
built to the standards and requirements of the United States of America
Department of Transportation as expressed in the proposed Lease
Agreement attached hereto as Exhibit A and made a part hereof for all
purposes, and to this end Lessee shall coordinate its construction
activities with the appropriate federal agency to ensure that such
facility, upon completion, shall be acceptable to the United States
Government.
9. During the time of the construction of the hangar
aforementioned and until completion of said facility and acknowledgement
by the United States Government that said facility meets the criteria
and specifications of the United States of America Department of
Transportation, the Lessee shall provide the following:
a. Workers' compensation and employer's liability insurance.
b. Owner's protective or contingent public liability insurance
naming the City of Lubbock as an additional insured and the
amount of such policy shall be as follows:
$ 1,000,000 CSL for bodily injuries, including accidental
death, to any one person, but limited to
$ 1,000,000 CSL per occurrence and $ INCLUDED for property
damage.
C. The Lessee shall obtain a contractor's protective
(contingent) liability insurance policy. The amount of said
policy shall be as follows:
An amount not less than $ 1,000,000 CSL for bodily injuries,
including accidental death to any one person, but not less
than $ 1,000,000 CSL per occurrence and an the amount not
less than $ INCLUDED for property damage.
d. The Lessee shall procure automobile insurance providing
coverage as follows:
An amount not less than $ 1,000,000 CSL for injuries,
including accidental death to any one person, but not less
than $ 1,000,000 CSL per occurrence and an amount not less
than $ INCLUDED for property damage.
The policies above set forth shall name the Lessor as an additional
insured and shall extend coverage to Lessee and all of Lessee's
officers, employees, agents, contractors, subcontractors and other
persons in any way involved in the construction of the hangar
hereinabove mentioned.
September 26, 1991
Page 682
10. Lessee shall furnish to Lessor Certificates of Insurance
indicating that the above insurance policies have been procured by
Lessee and containing a provision that no such policy shall be cancelled
or altered during the construction of the hangar abovementioned without
thirty (30) days notice of said cancellation or alteration being given
to the City of Lubbock.
11. Lessee agrees that it will indemnify and save the Lessor
harmless from all claims growing out of any demands of subcontractors,
laborers, workmen, mechanics, materialmen and furnishers of machinery
and parts thereof, equipment, power tools, all supplies, including
commissary, incurred in the furtherance of the performance of the
construction of the hangar contemplated by this Lease Agreement. When
Lessor desires, the Lessee shall furnish satisfactory evidence that all
of the obligations of the nature hereinabove designated have been paid,
discharged or waived.
12. Lessee agrees that it shall be solely responsible for the
demised premises and the construction of the hangar as contemplated by
this lease during the period of construction and prior to an indication
by the United States Government that said hangar has been constructed in
accordance with the criteria and specifications of that proposed Lease
Agreement as attached hereto in Exhibit A. Lessee agrees that if said
structure is damaged by fire, hail, lightning, floods, tornadoes,
hurricanes or any other natural phenomena, acts of God, or act of
Nature, that Lessee shall immediately undertake any and all necessary
repairs, additional construction and any other act necessary to complete
the construction of the aforementioned hangar in reasonable accordance
to the time schedule heretofore mentioned in this Lease Agreement.
13. Lessee hereby acknowledges that its agents have read and
reviewed the proposed Lease Agreement attached hereto as Exhibit A and
the Letter attached as Exhibit E, and Lessee hereby agrees that Lessee
will hold the Lessor harmless from any claims, causes of action, demands
or liability made by the United States of America against the City of
Lubbock in the event that Lessee fails to timely perform its obligations
as heretofore set forth in this Lease Agreement.
14. Lessor hereby agrees with Lessee that in the event there is
a change effected between the Lessor and the United States of America as
to the date of delivery of the hangar between the City of Lubbock and
the United States of America that the Lessor shall hereby automatically
extend the Lessee's time of completion of the construction of the hangar
by the exact same amount of time extended to Lessor by the United States
of America under any changes, alterations or amendments to Exhibit A.
II.
SUBLEASE
1. Upon completion of the construction of the hangar heretofore
mentioned by Lessee and the acknowledgment of the United States of
America that said hangar has been constructed in accordance with the
terms, provisions, specifications and requirements of the United States
of America, all as set forth in Exhibit A attached hereto, then in such
event, the Lessee does hereby agree to sublease the demised premises
together with the hangar constructed thereon to the City of Lubbock
(hereinafter referred to as City) and the City does hereby agree to take
said demised premises in accordance with the following terms and
conditions:
r
a. City agrees to sublease from Lessee the demised premises
aforementioned for a period of twenty (20) years commencing
from the date of completion of the hangar facilities
abovementioned and acceptance of facilities by the United
States of America, which date shall be reduced to writing
between the Lessee and the City of Lubbock and said writing
shall be filed in the office of the City Secretary of the
City together with a copy of this Lease Agreement.
September 26, 1991
Page 683
b. The City does hereby agree to pay to Lessee as consideration
for the sublease of this premises the sum of $8,600.00 per
month with such payment being due from the City to Lessee on
the 1st day of each month during the existence of the term
of this sublease, with the understanding, however, that said
monthly lease payment shall be prorated in the event that
the date of acceptance as mentioned in subparagraph (a)
above is less than one full calendar month. In the event
that City does not make the payment due Lessee as required
by this subparagraph, then in such event Lessee shall make
written demand upon City allowing City fifteen (15)
additional days from receipt of Lessee's demand to make the
appropriate payment. In the event the City fails to make
the payment after notice, as above set forth, then Lessee
may require the payment from City of the total amount of
lease payments remaining due under this Sublease.
C. Upon acceptance as set forth in subparagraph (a) hereof, the
City agrees with Lessee that it shall keep the premises
fully insured as to fire and extended coverage and shall
further insure against liability claims by and through the
City's policy of insurance, a copy of which is attached as
Exhibit D and made a part hereof. The City agrees that
during the term it uses, occupies and leases the facilities
built upon the property described in Exhibit B attached
hereto, City shall hold Lessee harmless from any claim for
damages, suits, or causes of action in any way arising out
of the City's use of the demised premises or the use of any
person taking possession of said premises by and through the
City, and the City further agrees to defend Lessee from any
such claims, suits, or causes of action made against Lessee
as a result of City's use of said premises or the use of
said premises as made by any party taking the premises under
the City.
d. Lessee agrees that it shall be responsible for any and all
taxes due against the facilities constructed on the demised
premises as set forth in Exhibit B up to $9,000.00 per year,
and City agrees with Lessee that in the event such property
taxes exceed $9,000.00 per year, that City will be
responsible for any taxes due upon the demised premises in
excess of the sum of $9,000.00 per year.
e. The City agrees with Lessee that City shall be responsible
for all utility costs as a result of the operation of
facilities to be constructed on the demised premises.
Lessee agrees with City that Lessee shall warrant the
construction of the facilities to be built upon the premises
described in Exhibit B for a period of one year from the
date of acceptance as described in subparagraph (a) of this
paragraph. In addition, Lessee agrees that it shall assign
to the City all manufacturers' extended warranties on
mechanical, electrical and hangar doors installed in the
facilities to be built upon the premises described in
Exhibit B.
f. City agrees that it shall be responsible for all maintenance
on the building and the mechanical features of the building,
including the electrical hangar doors, after the expiration
of one year as aforesaid in the abovementioned paragraph.
I
g. The City and Lessee agree that at the conclusion of any full
year of this Sublease Agreement, the City may terminate this
Sublease Agreement as well as the Lease Agreement by the
City paying to Lessee the consideration as set forth in
Exhibit C attached hereto and made a part hereof for all
purposes.
September 26, 1991
Page 684
h. In the event the City determines to terminate this Sublease
Agreement and Lease Agreement and complies with the
conditions of Exhibit C attached hereto and made a part
hereof for all purposes, then in such event, Lessee hereby
agrees to execute in favor of the City any or all necessary
documents releasing and waiving or abandoning any claimed
title, right of possession, right of entry or any other like
or similar claim as a result of Lessee's rights under this
lease and Sublease Agreement.
2. Notwithstanding any other provision of this lease or
sublease, at the end of twenty (20) years from the date that the City
takes possession and occupies the premises as described in subparagraph
(a) above, all rights, title and interest in and to said property as
described in Exhibit B attached hereto and made a part hereof, and the
facilities constructed thereon, as to the Lessee shall terminate and the
Lessee shall have no further right, title, interest or claim upon said
demised premises or the facilities constructed thereon and title to the
demised premises and the facilities constructed thereon shall be in the
City of Lubbock.
MISCELLANEOUS
1. It is understood between the parties hereto that Lessee may
assign its interests herein set forth upon written approval of the City,
which approval will not be unreasonably withheld.
2. This Lease and Sublease shall be binding upon the parties
hereto and any of their assigns.
3. City may sublease the premises to any party City may select.
4. This agreement has been made in and shall be construed in
accordance with the laws of the State of Texas.
5. This lease and sublease constitute the entire agreement
between the parties hereto.
G. GREENSTREET, INC.
/s/ Gary Greenstreet
GARY GREENSTREET, PRESIDENT
ATTEST:
/s/ Don Denton
0
CITY OF LUBBOCK, TEXAS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Beatrice Cervantes
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern Case
Bern Case,
Director of Aviation
APPROVED AS TO FORM:
/s/ John C. Ross. Jr.
John C. Ross, Jr.,
City Attorney
September 26, 1991
Page 685
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before, a Notary Public, on this day personally appeared GARY
GREENSTREET, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in the
capacity therein stated as the act and deed of said corporation.
/s/ Judith Strickland
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before, a Notary Public, on this day personally appeared B. C.
McMINN, Mayor of the City of Lubbock, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated as
the act and deed of the said City.
/s/ Judith Strickland
Notary Public in and for the
State of Texas
Copies of Exhibits A, B, C, D, and E are filed wiht Resolution No. 3717.
According to Staff memo, a Request for Proposals was
received in July from the Federal Aviation
Administration for bid on an Airport Hangar Project
which would create 14-20 new jobs. At their
September 12, 1991 Regular meeting, the City Council
authorized the Mayor to sign the Lease with the FAA
for this hangar project.
Acceptance of the Lease Agreement acknowledges the
City's willingness to build a hangar and provides a
20-year lease to FAA at $9,900 per month. The
project will be self -funding from revenue received
for FAA lease payments.
The signature date on the Lease Agreement with FAA
starts the Contract timeline for design work, and it
was necessary to postpone final execution of the
Lease, pending review of proposals for design and
construction. The timetable is critical since FAA
has requested execution of the Lease for the Fiscal
Year ending September 30, 1991 and for completion of
the project by January, 1992.
0
September 26, 1991
Page 686
i
Because of the short time frame between these dates,
two alternatives were reviewed:
1. For the City of Lubbock to fund and
build the facility and hire an
engineering firm as project manager
for the construction. This would
require the City to request bids
from subcontractors and act as
contractor for the project.
Problems are anticipated with this
alternative due to the uncertainty
of how long it will take for
receiving bids and for construction.
Additionally, specific costs
involved could not be confirmed and
finalized by the September 30
Contract deadline date.
2. To receive bids for a turn -key job
from private sector
developer/builder. In anticipation
of this alternative, Staff sent
RFP's to 28 local vendors and a
prebid conference was held September
13, 1991. Responses were received
from three firms: (1) G.
Greenstreet, Inc. of Lubbock; (2)
Tusha Building of Lubbock; and (3)
Lubbock Development Incorporated of
Lubbock.
An eight member selection review committee reviewed
the bids based on the following criteria:
Financing capability
Participation in payment of taxes
Insurance
Building and landscape maintenance
Schedule
Cost of lease
Experience in similar projects
Utility participation
All three vendors indicated that a February 1
completion timetable is more attainable than the
January 1 timetable requested by FAA.
Bids were reviewed on September 20 by the Selection
Review Committee. Based on the analysis of the
review committee, G. Greenstreet affords the City an
advantage based on lease revenue and tax
participation and their proposal was $1,150 per
month more favorable than the second place firm.
Cash Flow
to City
G. Greenstreet +$333/mo.
Tusha Builders-$817/mo.
L.D.I.-$737/mo.
In addition to a positive cash flow, the City will
acquire a major facility with an estimated worth of
$1,000,000, for future lease. This is a one-year
Lease and FAA has the standard option.
Staff recommended approval of the Contract with
G. Greenstreet for development of the facility for
Lease to the FAA.
September 26, 1991
Page 687
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to approve Resolution #3717
authorizing the Mayor to execute the Lease -Sublease
Agreement between the City and Greenstreet, Inc.,
conditioned, however, on the Mayor's satisfactory
negotiation between the City and the U.S. Government
on the proposed Lease between the City and U.S.
Government for the construction of a new hanger so
that both of the above mentioned leases are
compatible as to their terms and dates of
completion. Motion carried: 7 Yeas; 0 Nays.
(In negotiations after the Council meeting, the FAA
agreed to the January 15, 1992 completion date after
the City agreed to provide interim storage space of
at least 30,000 square feet until the new building
is complete.)
91-50B-687-591
(20.) Consider a Resolution #3718 authorizing_ acceptance
of water and sewer improvements for Lots 63 through
82, West View Addition.
RESOLUTION #3718
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
63 THROUGH 82, WEST VIEW ADDITION.
WHEREAS, the developer of Lots 63 through 82, West View Addition
has complied with the provision of the City of Lubbock Code, Chapter 28,
Article IV, by providing the water and sewer improvements for said
addition in accordance with paragraph 156 of said Chapter 28, and
-- WHEREAS, the total utility cost to the developer is $26,383.62
with the improvements constructed by Craft Contracting Corporation
having a value of $22,303.63 as determined by the unit prices
established by said Chapter 28, and $4,079.99 cash paid to the City,
including $3,309.28 for adjacent line costs, with Craft Development
Corporation, the developer to receive a refund of $9,088.84 in
accordance with Chapter 28 of the Code 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 specifica-
tions, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements BE and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $9,088.84 be
made in accordance with said Chapter 28.
•
September 26, 1991
Page 688
SECTION 3. THAT a refund of deposit be made in the amount of
$0.00.
SECTION 4. THIS resolution shall take effect and be in force from
and after its passage.
PASSED AND APPROVED this 26th day of September, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $26,383.62, including $22,303.63 in
construction costs and $4,079.99 in cash to the City
including $3,309.28 for adjacent line costs. The
developer, Craft Development Corporation, will
receive a refund of $9,088.54 in accordance with
Chapter 28 of the City of Lubbock Code of
Ordinances; there is no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3718 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50B-688-592
(21.) Consider Ordinance #9478 calling a Special Election
one percent for reduction of the City property tax
rate.
ORDINANCE #9478
i AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 18,
1992, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF AN
ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY TO
BE USED FOR REDUCTION OF THE CITY PROPERTY TAX RATE (1/8 CENT) AND FOR
THE BENEFIT OF AN ECONOMIC DEVELOPMENT CORPORATION (3/8 CENT); MAKING
PROVISION FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE
PROVISIONS OF LAW; PROVIDING FOR NOTICE OF THIS ELECTION BY PUBLICATION
OF THIS ORDINANCE; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION
ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE
PURPOSE HEREOF; NOW THEREFORE:
September 26, 1991
Page 689
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to pass on first reading Ordinance
#9478 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
91-50B-689-593
(22.) Consider Ordinance #9479 calling a Charter Amendment
Election for January 18, 1992 with regard to
deletion from the Charter of Chapter 3 pertaining to
the Board of City Development, including funding and
all other provisions.
ORDINANCE #9479
AN ORDINANCE CALLING FOR SUBMISSION TO THE QUALIFIED VOTERS OF THE
CITY OF LUBBOCK, TEXAS, FOR ADOPTION OR REJECTION, THE FOLLOWING
AMENDMENT TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK:
According to Staff memo, it is necessary to call two
elections because of the nature of the propositions
to be voted on: (1) A Special Election and (2) a
Charter Amendment Election. They will be held on
the same day and will be listed on one ballot.
The wording for the Sales and Use Tax/Reduction of
Property Tax Proposition is specifically provided
for in a new statute which became effective in May,
1991. The statute mandates combining the issues
into one question and in their motion to pass the
ordinances, Council must designate the ballot order
for the two propositions.
The only changes from previous procedures for
holding an election are:
1. Absentee voting by personal
appearance will be held at City Hall
from 8:00 a.m. to 5:00 p.m. on the
Saturday immediately preceding
Election Day. This is an effort to
accommodate those who have
difficulty voting during weekday
office hours.
2. All absentee voting by personal
appearance will take place at City
Hall; there is no provision for a
branch polling place for this
election.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9479 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays. (Note: Designation of
Proposition order will be October 10, 1991 at second
• reading.)
September 26, 1991
Page 690
91-50B-690-594
(23.)
RESOLUTION #3719
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 Lease Agreement by and between the Lubbock International
Cultural Center, Inc. and the City of Lubbock, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 26th day of September, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
AMENDMENT TO LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, a Lease Agreement was made and entered into upon the llth
day of May, 1989, by and between the Lubbock International Cultural
Center, Inc., hereinafter called "Lessor" and the City of Lubbock,
hereinafter called "Lessee," and
WHEREAS, the parties to said Lease Agreement hereby agree to
modify the terms of such agreement as follows; NOW THEREFORE:
WITNESSETH:
of (1) Lessor desires to locate the facility which is the subject
of the Lease Agreement upon the campus of Texas Tech University rather
than at the location indicated in the said Lease Agreement.
(2) Lessor and Lessee hereby agree that prior to disbursement of
funds to Lessor pursuant to said Lease Agreement, Lessor shall satisfy
Lessee that it has a legal right to build, occupy and lease to Lessee
the building to be constructed on the Texas Tech University campus.
September 26, 1991
Page 691
(3) All other terms and conditions of the said Lease Agreement
shall continue and be in effect as stated in said Lease Agreement.
Executed in duplicate by the parties hereto on the 26th day of
September, 1991.
LUBBOCK INTERNATIONAL CULTURAL
CENTER, INC.:
/s/ Idris Rhea Traylor
PRESIDENT
ATTEST:
/s/ Not Legible
Secretary
CITY OF LUBBOCK:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant
City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
The City of Lubbock was notified by George
Gilkerson, Attorney for Lubbock International
Cultural Center, Inc., of the Center's intent to
construct their facility on the Texas Tech campus.
Since the May 11, 1989 original Agreement was site
specific to locate the Center on a portion of Blocks
43 and 42 in Overton Addition, the Lease Agreement
had to be amended by Council to permit a site
change.
The proposed Amendment to the Lease Agreement states
that the site selected on the Tech campus must be
mutually agreeable to Texas Tech University, the
International Cultural Center, Inc., and the City of
Lubbock. When the location on the Texas Tech campus
is determined, City Staff will meet with the
International Cultural Center and Texas Tech
University to ensure that the site is agreeable and
that all original provisions in the Lease Agreement
are met.
The original Lease provided that construction
commence within three years from the date of the
Lease and be completed within five years or the
agreement would terminate. The expiration date is
May 11, 1992.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to authorize Resolution #3719 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
September 26, 1991
Page 692
91-50B-692-595
(25.) BID #11518--North Avenue N Strip Paving, and
authorize same (Streets Drainage -Engineering).
RESOLUTION #3720
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 by and between the City of Lubbock and Ronnie Zahn Paving, Inc.
for North Avenue "N" - Strip Paving, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 26th day of September, 1991.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 26th day of September,
1991 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and Ronnie Zahn Paving, Inc. of
the City of Lubbock, County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
fo; 1 ows :
BID NO. 11518 North Avenue N Strip Paving (Streets Drainage -Engineering)
in the amount of $46,561.25
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
September 26, 1991
Page 693
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd /s/ B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Ronnie Zahn Paving, Inc.
Rt. 10 Box 820
Lubbock, Texas 79404
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3720
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50B-693-596
(26.) BID #11542--Public Safety System Computer Upgrade
(Communications Services).
Digital Equipment Corp.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50B-693-597
(27.) BID #11403--Annual pricing for safety boots and
shoes (various departments).
Safety Boot Store--641 pairs of safety boots and
shoes.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
September 26, 1991
Page 694
91-50B-694-598
(28.)
91-50B-694-599
(29.)
91-50B-694-600
BID #11604--Fuel Storage Monitor System (Citibus).
E.J. Ward, Inc., Ft. Worth--Citibus System System
Upgrade
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
BID #11246--Collection services (Municipal Court).
Capital Assistance Group, Arlington --Overall rating
was 42; ranked #1. Proposals were evaluated on the
basis of contractor qualifications, collection
procedures, collection notices, computer network,
management reports and fee structure. Overall
ratings are the total evaluated score.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
(30.) BID #11543--Drilling Foundation Piers, and authorize
same (Electric Distribution).
RESOLUTION #3721
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 by and between the City of Lubbock and Precision Drilling for
Drilling Foundation Piers, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 26th day of September, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gep a Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
September 26, 1991
Page 695
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th day of September,
1991 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and Precision Drilling of the
City of Lubbock, County of Lubbock, and the State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11543 Drilling Foundation Piers (Electric Distribution) in the
amount of $ various figures based upon hours
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd /s/ B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
CONTRACTOR
S cretary
By:
TITLE:
COMPLETE ADDRESS: Precision Drilling
4801 Globe Avenue
Lubbock, Texas 79404
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3721
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
September 26, 1991
Page 696
03 mil1:1s.'Z-Iff-113
(31.) BID #11510--Annual pricing for trenching, boring and
excavation (Electric Distribution).
H.D. Weaver Ditching Service, Inc. --Ranked #1--
Contractor rankings are based on overall rate
structure, crew, and equipment availability.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50B-696-602
(32.) BID #11517--Plant materials for Municipal Hill
OOgerations Facility (Building Services).
Miller Nursery & Tree Co., Stephenville--7 ea. Malus
Floribunda Crabapple (white); 10 ea. Querus Shumardi
'Texana' Red Oak; 4 ea. Ulmus Crassofolia Cedar Elm.
Sunbelt Trees, Richmond--8 ea. Malus Purpurea
'Eleyi' Crabapple (red).
Tom's Tree Place--121 ea. Juniperus Chinensis
Keteler Juniper.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50B-696-603
(34.) Consider one appointment to the Civic Centers Board
to fill the unexpired term of Bob Bray. Mr. Bray's
term will expire on August 1. 1992.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to appoint Rodney Cates to fill
the unexpired term of Bob Bray on the Civic Centers
Board. Motion carried: 7 Yeas; 0 Nays.
aim I :-'I�-fl>i!
( 9.) ORDINANCE #9480--Zone Case #2675 (various locations
along the south side of 19th Street from Upland to
Alcove Avenues and northwest of 24th Street and
Alcove Avenue) --Hold a Public Hearing to consider
request of Boyd 0. Roberts et. al. for a zoning
change from R-1 to C-4 on various tracts out of
Section 42, Block AK.
ORDINANCE #9480
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2 X 5; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON VARIOUS TRACTS OUT OF
S TION 42, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Boyd Roberts appeared to present this request for
zone change and asked that uses (a), (e), (f), (h),
(i), and (j) be deleted from the strike list
approved by P&Z.
No one spoke in opposition. Mayor McMinn closed the
hearing at 10:38 a.m.
September 26, 1991
Page 696
03MIT1:N.'I.1 M-113I
(31.) BID #11510--Annual pricing for trenching, boring and
excavation (Electric Distribution).
H.D. Weaver Ditching Service, Inc. --Ranked #1--
Contractor rankings are based on overall rate
structure, crew, and equipment availability.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50B-696-602
(32.) BID #11517--Plant materials for Municipal Hill
Operations Facility (Building Services).
Miller Nursery & Tree Co., Stephenville--7 ea. Malus
Floribunda Crabapple (white); 10 ea. Querus Shumardi
'Texana' Red Oak; 4 ea. Ulmus Crassofolia Cedar Elm.
Sunbelt Trees, Richmond--8 ea. Malus Purpurea
'Eleyi' Crabapple (red).
Tom's Tree Place--121 ea. Juniperus Chinensis
Keteler Juniper.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50B-696-603
(34.) Consider one appointment to the Civic Centers Board
to fill the unexpired term of Bob Bray. Mr. Bray's
term will expire on August 1. 1992.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to appoint Rodney Cates to fill
the unexpired term of Bob Bray on the Civic Centers
Board. Motion carried: 7 Yeas; 0 Nays.
4 a&90]
( 9.) ORDINANCE #9480--Zone Case #2675 (various locations
along the south side of 19th Street from Upland to
Alcove Avenues and northwest of 24th Street and
Alcove Avenue) --Hold a Public Hearing to consider
request of Boyd 0. Roberts et. al. for a zoning
change from R-1 to C-4 on various tracts out of
Section 42, Block AK.
ORDINANCE #9480
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2 X 5; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON VARIOUS TRACTS OUT OF
S TION 42, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Boyd Roberts appeared to present this request for
zone change and asked that uses (a), (e), (f), (h),
(i), and (j) be deleted from the strike list
approved by P&Z.
No one spoke in opposition. Mayor McMinn closed the
hearing at 10:38 a.m.
September 26, 1991
Page 697
David Jones, Director of Planning, stated that the
request for zoning is for about half a mile of
frontage on the south side of 19th between Upland
and Alcove and also for a parcel south of 19th
Street on Upland, between 22nd and 24th.
Mr. Jones went on to say that the adjacent land
uses, both south and north, of 19th are mixed with
primarily heavy commercial uses which would require
C-4 or M-1 zoning; the uses are legal
non -conforming, or grandfathered. The primary
function of this zone request will be new
development or major redevelopment or additions to
existing non -conforming uses.
The portions of property adjacent to 19th Street are
consistent with the Comprehensive Land Use Plan
which indicates that C-4 should be on State or U.S.
Highways. The parcel on Upland is located
approximately 1300' south of 19th, versus the
standard 660' policy that dominates the plan;
however a minimal portion of this area fits the
Conceptual Plan since it was subdivided and
developed prior to being annexed.
According to Staff memo, Mr. Vittito, owner of the
parcel on Upland, contended that short-term light
commercial uses are improbable for the property on
Upland. Discussion during the PR hearing was
sympathetic with the near -term use problems, but the
P&Z Commission recognized that the parcel does not
meet the Plan guidelines.
Zoning Policy in this area has a precedent from the
1985 Zone Case #2537 on the old gin property at
Upland and 19th Street. The PR Commission reviewed
copies of the "strike list" of C-4 permitted uses
from that case and the proponents were notified that
it was their challenge whether or not to include
those uses in this request. The proponents
requested that the following uses from the strike
list from Zone Case #2537 be allowed in this
request: Auto body shops, billboards, feed store,
used furniture, motorcycle shops, second hand goods
and pawn shops, and used car lots.
For the property along 19th Street, Staff
recommended approval of the request subject to the
strike list from Zone Case #2537 and a standard site
plan review prior to permit issuance. A majority of
the properties must be platted prior to issuance of
building permits for major projects. There should
be little effect on traffic.
One additional issue considered by the PR
Commission was for property just west of Upland
which contains mini -warehouses enclosed by a 10'
raised seam panel fence. The owner requested a
condition allowing construction of carports over
three spaces currently leased to RV owners. Staff
recommended that the Ordinance reflect approval of
these structures by reference to the Site Plan.
September 26, 1991
Page 698
w
The P&Z Commission recommended this request with the
following conditions:
1. The C-4 uses shall be limited to:
A. Uses unconditionally permitted
in the C-4 Zoning District
except:
(a) Automobile Body Shops;
(b) Billboards;
(c) Commercial Private Clubs and
Teenage Clubs;
(d) Dancehall;
(e) Feed Store;
(f) Used Furniture Store;
(g) Gameroom (except as an
incidental
use in a restaurant), Pool
Billiard and/or Domino Parlor;
(h) Motorcycle Shop;
(i) Second-hand Goods Store or
Pawn Shop;
(j) Used Car Lot; and
(k) Nightclubs.
2. A Site Plan, including building
elevations showing materials, color
and texture, will be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of
a Building Permit.
3. Tract F will be tied to the Site
Plan #2675 as presented to the
Planning and Zoning Commission on
September 5, 1991.
Councilwoman Baker stated her opinion that to ensure
the aesthetics of the corridor, Council should not
grant the request of Mr. Roberts for deletions from
the strike list.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to pass on first reading Ordinance
#9480 with conditions recommended by P&Z and City
Staff as follow:
1. The C-4 uses will be limited to:
A. Uses unconditionally permitted
in the C-4 Zoning District
except:
(a) Automobile Body Shops;
(b) Billboards;
(c) Commercial Private Clubs and
Teenage Clubs;
(d) Dancehall;
(e) Feed Store;
(f) Used Furniture Store;
(g) Gameroom (except as an
incidental use in a
restaurant), Pool
Billiard and/or Domino Parlor;
(h) Motorcycle Shop;
(i) Second-hand Goods Store or
Pawn Shop;
(j) Used Car Lot; and
(k) Nightclubs.
September 26, 1991
Page 699
2. A Site Plan, including building
elevations showing materials, color
and texture, will be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of
a Building Permit.
3. Tract F will be tied to the Site
Plan #2675 as presented to the
Planning and Zoning Commission on
September 5, 1991.
Motion carried: 7 Yeas; 0 Nays.
91-50B-699-605
(10.) ORDINANCE #9481--Zone Case #2460-
Escondido Oil, Inc.) for a zoning change from R-1.
R-2 and GO to A-2 (limited to church and church
related uses) on a tract out of Section 11, Block
E-2.
ORDINANCE #9481
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2460-E; A ZONING CHANGE FROM R-1, R-2 AND GO TO A-2 ZONING, LIMITED
CHURCH USES ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Henry L. Huneke appeared on behalf of Escondido Oil,
Inc. to present this request for zone change.
No one spoke in opposition. Mayor McMinn closed the
hearing at 11:47 a.m.
David Jones, Director of Planning, stated that
current zoning for this parcel is approximately 50%
R-2 (along Memphis south from Loop 289) and 50% R-1
(from the center of the overflow route to 75th).
Mr. Jones gave the adjacent land use relationships
as follows:
North - Loop 289
South - proposed R-1
East - existing R-1 and Miller Park
West - proposed commercial (north 112) and
proposed residential south
According to Staff memo, the Comprehensive Land Use
Plan provides that churches be located (1) on the
perimeter of neighborhoods and (2) adjacent to
0 thoroughfares. This proposed site meets both
criteria. Zoning policy for churches suggests site
plan review by the P&Z Commission.
The proponent submitted a preliminary development
plan for land from Loop 289 to the alley between
74th and 75th. The balance of the area to the south
is open space for future development. The proponent
also requested that the P&Z Commission review their
building plans at a later date.
September 26, 1991
Page 700
Memphis is a designated collector street on the
Master Thoroughfare Plan and Memphis will be used
for ingress/egress to the south.
Staff supported the recommendation of the Planning
and Zoning Commission with the following conditions:
1. The permitted uses will be limited
to church and church related uses.
2. Site Plan, including building
elevation showing materials, color
and texture, approval by the
Planning and Zoning Commission prior
to issuance of a Building Permit and
notice of initial site plan
consideration by P&Z be sent to
those within the 200' radius.
Councilman Maloy requested a stipulation of
notification to those within 200' radius of
the site of all future site plan changes.
Motion was made by Councilman Maloy, seconded
by Councilwoman Trejo to pass on first reading
Ordinance #9481, with conditions recommended
by P&Z and City Staff, and a stipulation that
notification of all future site plan changes
be given to those within 200' radius of the
site. Motion carried: 7 Yeas; 0 Nays.
91-50B-700-606
(11.) ORDINANCE #9482--Zone Case #2460-F (northeast corner
of 78th Street and Quaker Avenue) --Hold a Public
ORDINANCE #9482
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2460-F; A ZONING CHANGE FROM GO TO C-2A SPECIFIC USE PERMIT FOR
REDUCTION OF SETBACK ON 78TH STREET ON A TRACT OUT OF SECTION 11, BLOCK
E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Henry L. Huneke appeared on behalf of Escondido Oil,
Inc. to present this request for zone change.
No one spoke in opposition. Mayor McMinn closed the
hearing at 10:53 a.m.
David Jones, Director of Planning, gave the adjacent
land use relationships as follows:
North - zoned GO, undeveloped
South - zoned C-2, undeveloped
East - zoned C-3, undeveloped
West - west of Quaker is single-family
According to Mr. Jones, the strip along Quaker at
this point is constricted by the old Landfill Site
and this request is consistent with the
Comprehensive Land Use Plan.
September 26, 1991
Page 701
91-50B-701-607
(12.)
According to Staff memo, the transition from GO to
C-2A increases the number of uses permitted on the
property but will have little effect on the style of
development and with careful Site Plan review and
approval prior to a building permit, the change will
not have a negative effect. Additionally, there
should be little effect on traffic.
Staff supported the recommendation of the Planning
and Zoning Commission, with one condition:
1. A Site Plan, including building
setbacks and building elevations
showing materials, color and
texture, will be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of
a Building Permit.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to pass on first reading
Ordinance #9482 with condition recommended by P&Z
and City Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9483--Zone Case #1941-B (northwest corner
of Colgate Street and Detroit Avenue) --Hold a Public
ORDINANCE #9483
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1941-B; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT FOR
SELF-SERVICE GASOLINE SALES ON LOT 6-12, BLOCK, 1, MADDOX ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
David Jones, Director of Planning, presented this
request for zone change on behalf of E.Z. Hogan, Jr.
No one spoke in opposition. Mayor McMinn closed the
hearing at 10:59 a.m.
According to Mr. Jones, the City of Lubbock is
acquiring right of way to widen Detroit Avenue and a
convenience store was on this property for a number
of years.
Mr. Jones gave the adjacent land use relationships
as follows:
North
- church
# South
- single family
East
- single family
West
- neighborhood commercial
September 26, 1991
Page 702
As an existing commercial zone, there was no
Comprehensive Land Use Plan policy discussion but
the request was submitted as Specific Use so that
the ordinance and site plan can detail several
items:
1. Building line (no change);
2. Curb cuts adjusted with the new
street construction;
3. Sign size and location (legal except
for 5' setback versus the standard
10' setback);
4. Outline of area providing for
potential of two gas islands with
canopies (setback proposed is even
with the church building to the
north); and
5. Parking at a number of spaces based
on available property on the site,
with no specific ratio as required
by the Code under open zoning.
According to Staff memo, the proposal should not
have additional negative effects on traffic. The
P&Z Commission recommended the following conditions:
1. Any unconditionally permitted C-2
uses shall be permitted.
2. Tied to site plan 1941-B as
presented to the Planning and Zoning
Commission on September 5, 1991
which denotes the following:
(a) Building lines
(b) Two 40' and one 32' feet curb
cuts as well as two curb cuts
on Colgate.
(c) Sign size and location
(d) Outline of an area providing
for the potential of two gas
islands with canopies.
(e) Parking will be provided on
the basis of available
property on the site in the
circumstance of the entire
building area noted on Site
Plan 1941-B is utilized, with
no specific ratio as required
by the Code under open zoning.
3. This zoning shall remain in effect
until rezoned by the City Council.
Mr. Jones advised that no signed Judgment had been
received and recommended approval contingent upon
its receipt.
September 26, 1991
Page 703
Motion was made by Councilman Maloy, seconded by
Councilwoman Baker to pass on first reading
Ordinance #9483, with conditions recommended by P&Z
and City Staff, and stipulating that second reading
of this Ordinance be held until the executed
Judgment is received. Motion carried: 7 Yeas; 0
Nays.
91-50B-703-608
(13.) Hold a Public Hearing to consider an Amendment to
the Community Development Block Grant Program.
91-50B-703-609
(14.) Consider the allocation of Community Development
Block Grant funds for Public Services and
Improvements.
Those speaking in favor of this request were:
Fran Anderson, representing Goodwill.
Quincy White representing Drug Elimination
Program in Lubbock Housing Authority.
Laurin Prather, Director of BCD, regarding
$25,000 match for SPAG Revolving Loan Fund.
Those speaking in opposition were:
Cecil Puryear opposed allocation for Detroit
Avenue landscaping.
Mikel Ward questioned indirect costs and
landscaping allocations.
Mayor McMinn closed the hearing at 11:32 a.m.
Sandy Ogletree, Community Development Administrator,
stated that as part of the City of Lubbock's
Community Development Block Grant Program, citizen
input on proposed expenditures of Community
Development funds is to be heard for any new or
expanded projects funded under the Community
Development Block Grant Program.
Staff recommendation is for an interim CDBG
allocation to comply with HUD's timeliness concerns
in reprogramming available funds. Staff recommended
approval for $150,000 in the Contingency Fund
balance to fund projects until June, 1992.
According to Staff memo, final regulations for the
HOPE and HOME programs have not been released and
funding requirements for participation in these
programs is not yet known.
September 26, 1991
Page 704
During the past several months a number of potential
projects have been submitted for consideration and
recommended projects include:
Helping Hands
$ 25,000
Indirect Cost
25,000
Homestead Prop. Mgt.
10,000
I-27 Acq./Relo.
75,000
Health Dept. Renov.
10,000
Eco. Dev.-Revolving Loan Fund
25,000
Detroit Avenue Landscape
22,310
Goodwill Industries of
Lubbock, Inc.
20,000
Youth Opportunities
85,000
297 310
The listing of projects was advertised for comments
on September 15, 1991 in the Lubbock Avalanche
Journal.
This allocation will decrease the Contingency Fund
balance from $463,185.25 to $165,875.25. Staff
recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to approve allocation of
Community Development Block Grant funds as follow:
Helping Hands
$ 25,000
Indirect Cost
25,000
Homestead Prop. Mgt.
10,000
I-27 Acq./Relo.
75,000
Health Dept. Renov.
10,000
Eco. Dev.-Revolving Loan Fund
25,000
Detroit Avenue Landscape
22,310
Goodwill Industries of
Lubbock, Inc.
20,000
Youth Opportunities
85,000
Motion carried: 7 Yeas; 0 Nays.
C-1
297 310
September 26, 1991
Page 705
There being no further business to come before Council, motion was made
by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to adjourn
the meeting at 11:34 a.m. Motion carried: 7 Yeas; 0 Nays.
X)tj- C. 110W-�� -
B. C. McMinn, Mayor
ATTEST:
4Ran Boyd, City Sec eta
Read and approved this the loth day of October, 1991.
C � .
B. C. Mc nn,. Mayor
ATTEST:
(4RaetZt-fe-&Boayd,City ec etary
10