HomeMy WebLinkAboutMinutes - City Council - Regular - 6/23/1994JUNE 23, 1994
Page 366
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JUNE 23, 1994
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of
June 1994 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock,
Texas, at 10:00 A.M.
Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councilmember
Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton,
Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City
Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson.
Mayor Langston called the meeting to order at 10:33 A.M.
(1.) The Invocation was given by Quentin Thomas, Assistant City Manager.
( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers.
(3.) Greg Davis appeared on behalf of D.F.C. Cycles Fitness to request a loudspeaker
permit for a bicycle freestyle and riding demonstration, which will take place on
June 30, 1994, from 5:00 p.m. to 8:30 p.m., and on July 2, 1994, from 10:00 a.m. to
4.00 p.m.
Mark Baron appeared on the behalf of Mr. Davis to request a loudspeaker permit for a
bicycle freestyle and riding demonstration which will take place in the parking lot of
Mission Plaza located at 3501 50th Street. The request was for Thursday, June 30, 1994,
from 5:00 p.m. to 8:30 p.m., and Saturday, July 2, 1994, from 10:00 a.m. to 4:00 p.m. All
residents in the area were petitioned and all who were contacted approved the event.
Motion was made by Councilmember Cooke, seconded by Councilmember Ince to
approve the request. Motion carried: 7 Yeas; 0 Nays.
(4.) Lisa Brown appeared to request a loudspeaker permit for a neighborhood 4th of
July celebration on July 4, 1994, from 2:00 p.m. to 10:00 p.m.
Robert Brown appeared on behalf of Ms. Brown to request a loudspeaker permit in
conjunction with a neighborhood Fourth of July block party celebration which will take
place at the 7500 block of Homestead. The loudspeaker permit request was for Monday,
July 4, 1994, from 2:00 p.m. to 10:00 p.m. All residents in the area were petitioned and
all who were contacted approved the event.
Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to
approve the request Motion carried: 7 Yeas; 0 Nays.
JUNE 23, 1994
Page 367
(21.) Zone Case No. 2255-E (north of 66th Street and west of Frankford Avenue) --Hold a
public hearing to consider request of HenryHuneke for Lubbock Development,
Inc) for a zoning change from C-2 to C-3 subject to site elan review (self-service car
wash) on a tract out of Section 36, Block AK, and consider ordinance.
ORDINANCE #9712
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2255-E; A ZONING CHANGE FROM C-2 TO C-3 ZONING, ON A
TRACT OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:40 a.m.
Henry Huneke appeared on behalf of Lubbock Development, Inc. to present this request
for zone change from C-2 to C-3 subject to site plan review on a tract out of Section 36,
Block AK.
No one appeared in opposition. Mayor Langston closed the public hearing at 10:44 a.m.
Randy Henson, Senior Planner, presented staff comments. The current zoning for this
tract is C-2. Mr. Henson gave the adjacent land use relationships as follows:
North - C-2/heavy commercial, vacant
South - C-2/R-1 vacant
East - C-2, convenience store
West - C-2, vacant
The proposal does not trigger a Comprehensive Land Use Plan discussion. The adjacent
land and this parcel are noted as commercial on the plan. Zoning policy discussion is
primarily related to the compatibility of the proposed car wash. The convenience store
with gas pumps to the east is a C-3 level of use. The proponent submitted both a site plan
and a building elevation for consideration. The proposal should have little effect on
traffic.
The Planning and Zoning Commission recommended approval of this request by a vote of
8-0 subject to the following conditions:
Tied to site plan and building elevation 2255-E as presented to the Planning and
Zoning Commission and signed by the Chairman on June 2, 1994.
2. There may be an on -site manager/security residence located within the facility.
Staff supported the recommendation of the Planning and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by Mayor Pro Tern Neugebauer to
approve on first reading Ordinance #9712 with conditions recommended by P&Z and the
City staff. Motion carried: 7 Yeas; 0 Nays.
JUNE 23, 1994
Page 368
(22.) Zone Case No 2734 (3403 33rd Street) --Hold a public hearing to consider reauest of
John Kallas for a zoning change from R-1 to GO on Lot 2, Block 1, Johnny & Jack
Addition, and consider ordinance.
ORDINANCE #9713
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2734; A ZONING CHANGE FROM R-1 TO GO ZONING ON LOT 2,
BLOCK 1, JOHNNY & JACK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:45 a.m.
John Kallas appeared to request a zone change from R-1 to GO on Lot 2, Block 1, Johnny
& Jack Addition.
No one appeared in opposition. Mayor Langston closed the public hearing at 10:50 a.m.
Randy Henson, Senior Planner, presented staff comments. The proposal is to rezone a
residential unit on the southwest corner of 33rd Street and Indiana Avenue as Garden
Office. Mr. Henson gave the adjacent land use relationships as follows:
North - residential
South - commercial
East - church
West - residential
The request may constitute a minor change to the Comprehensive Land Use Plan,
although the Garden Office District is included in the Zoning Code as a buffer district with
the primary purpose of producing an attractive environment between offices and adjacent
uses. Since this home already has the entire yard paved, is adjacent to Indiana, and has
been approved by the Zoning Board of Adjustment for commercial parking in conjunction
with the shopping center on 34th Street, this proposed transition should have little or no
adverse effect
The Planning and Zoning Commission recommended approval of this request by a vote of
7-0. Staff supported the recommendation of the Planning and Zoning Commission.
Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to
approve on first reading Ordinance #9713 with conditions recommended by P&Z and the
City staff. Motion carried: 7 Yeas; 0 Nays.
(23.) Zone Case No. 1585-A (1701 Quaker Avenue) --Hold a public hearing to consider
request of Marie Johnson (for Ouaker Avenue Church of Christ) for a zoning
change from A-1 to A-2 limited to church and church related uses on Lots 1, 2, 6
and the west 75 feet of Lot 3, Block 5, Cowan Addition; and Lot 6 and the west one-
half of Lot 7, Block 3. Cowan Addition, and consider ordinance.
ORDINANCE #9714
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 1585-A; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIIVIITED
TO CHURCH RELATED USES, ON LOTS 1, 2, 6 AND THE WEST 75 FEET OF LOT 3,
BLOCK 5, COWAN ADDITION, AND LOT 6, AND THE WEST ONE-HALF OF LOT 7,
BLOCK 3, COWAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, -
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 10:53 a.m.
JUNE 23, 1994
Page 369
Lynn Alexander appeared on behalf of Marie Johnson (for Quaker Avenue Church of
Christ) to present this request for zone change from A-1 to A-2 limited to church and
church related uses on Lots 1, 2, 6 and the west 75 feet of Lot 3, Block 5, Cowan
Addition; and Lot 6 and the west one-half of Lot 7, Block 3, Cowan Addition.
No one appeared in opposition. Mayor Langston closed the public hearing at 10:54 a.m.
Randy Henson, Senior Planner, presented staff comments. Mr. Henson gave the adjacent
land use relationships as follows:
North - zoned A-1, built residential
South - A-1 and C-3
East - zoned A-1, built residential
West - Quaker and R-1
The request meets both Comprehensive Land Use Plan and zoning policies. One adjacent
owner, Don Harris, submitted a reply form with a request for landscaping and a screen
fence on the north and east of the two lots north of 17th (proposed parking). Mr. Harris
was not present for the meeting. The staff noted that apartments could be built on the lot
under the present A-1 zoning with no screening. The Commission did not include a
condition in their motion. The 15 percent landscaping is required by the A-2 District. The
project should have little or no effect on traffic.
The Planning and Zoning Commission recommended approval of this request by a vote of
7-0 subject to the following condition:
Limited to church and church related uses.
Staff supported the recommendation of the Planning and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to
approve on first reading Ordinance #9714 with conditions recommended by P&Z and the
City staff. Motion carried: 7 Yeas; 0 Nays.
(24.) Zone Case No. 2178-D (105th Street west of Indiana and 104th Street between '
Indiana and Memphis Avenues) --Hold a public hearing to consider request of David
Govette (for Craft Development Corporation) for a zoning change from T/R-1 to R-
1 Specific Use (garden homes) and A-1 (quadraplex or duplex) on a 14 acre and a
2.4 acre tract out of Section 18, Block E-2, and consider ordinance.
ORDINANCE #9715
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2178-D; A ZONING CHANGE FROM T/R-1 TO R-1 SPECIFIC USE
ZONING FOR GARDEN HOMES ON A 14 ACRE TRACT AND TO A-1 ZONING FOR
QUADRAPLEX OR DUPLEX ON A 2.4 ACRE TRACT OUT OF SECTION 14, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10 - , 5 a. m
David Goyette appeared on behalf of Craft Development Corporation to present this
request for zone change from T/R-1 to R-1 Specific Use (garden homes) and A-1
(quadraplex or duplex) on a 14 acre and a 2.4 acre tract out of Section 18, Block E-2.
No one appeared in opposition. Mayor Langston closed the public hearing at 11:00 a.m.
Randy Henson, Senior Planner, presented staff comments. The request is Specific Use for
a garden home block and A-1 for a row of quadraplex units to buffer the Lubbock Power
& Light substation. It is the opinion of the Planning Department that the notice was so
JUNE 23, 1994
Page 370
general that the residents of High Country may have not understood that the block south
of their subdivision is proposed for garden homes. The A-1 zoning is south of the church
and on the north of the substation. After the proposal was explained during the meeting, a
resident representing the neighborhood expressed no reservations for the proposal.
Mr. Henson gave the adjacent land use relationships as follows:
Garden home tract:
North - residential
South - residential
East - church
West - residential
Quadraplex Tract:
North - church
South - substation
East - Indiana Avenue
West - single family
The request complies with both Comprehensive Land Use Plan and zoning policies. The
request should have no more than anticipated effect on the thoroughfare.
The Planning and Zoning Commission recommended approval of this request by a vote of
7-0 subject to the following condition:
The A-1 portion shall be limited to quadraplexes or lower density dwellings.
Staff supports the recommendation of the Planning and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to
approve on first reading Ordinance #9715 with conditions recommended by P&Z and the
City staff. Motion carried: 7 Yeas; 0 Nays.
(25.) Zone Case No. 2736 (east of University and south of 22nd Place) --Hold a public
hearing to consider request of David Govette (for Willoughby and Company) for a
zoning change from R-2 to C-2 on Lots 14, 15, and 16, Block 1, College Park
Addition, and consider ordinance.
ORDINANCE #9716
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2736; A ZONING CHANGE FROM R-2 TO C-2A ZONING ON LOTS 14,
15 AND 16, BLOCK 1, COLLEGE PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:04 a.m.
David Goyette appeared on behalf of Willoughby and Company to present this request for
zone change from R-2 to C-2A on Lots 14, 15, and 16, Block 1, College Park Addition.
No one appeared in opposition. Mayor Langston closed the public hearing at 11:07 a.m.
JUNE 23, 1994
Page 371
Randy Henson, Senior Planner, presented staff comments. Mr. Henson gave the adjacent
land use relationships as follows:
North - residential
South - residential
East - residential
West - University Avenue
The request is not entirely consistent with the Comprehensive Land Use Plan since the
existing commercial would not be a policy request. The single greatest issue for
consideration is compatibility of the expansion with the adjacent residential.
During the hearing adjacent property owners were less concerned about the expansion for
Willoughbys than the future effect of open C-3 zoning. The Planning Commission
discussed the alternatives and settled, with concurrence of the proponent, to reduce the
zone request to C-2A and establish a condition limiting that use to a gift shop and the
assembly of gift items. Any future change of use will be subject to another public hearing.
In addition, the Commission recommended a condition for site plan review prior to a
construction permit.
The Planning and Zoning Commission recommended approval of this request by a vote of
7-0 subject to the following conditions:
Limited to a gift shop and assembly of gift items.
2. A site plan, including building setbacks and building elevations showing materials,
color and texture, shall be submitted and approved the Planning and Zoning
Commission prior to the issuance of a Building Permit.
Staff supports the recommendation of the Planning and Zoning Commission.
Motion was made by Councilmember Patterson, seconded by Councilmember Ince to
approve on first reading Ordinance #9716 with conditions recommended by P&Z and the
City staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Hernandez.
(26.) Conduct a Public Hearing on use of the fund balance created by the one-half cent
economic development sales tax and take appropriate action.
Mayor Langston opened the public hearing at 11:10 a.m.
Lonnie Hollingsworth appeared to ask that the City Council use the money to forestall a
tax increase that will occur due to the bond sales. He further suggested that a finance
committee serve throughout the year to review the budget. He had no opposition to using
the $3.6 million as recommended.
Linda Hogan appeared to request that the City Council spend a portion of the funds
(approximately $150,000) to purchase the Thompson Junior High historical site for
economic development purposes.
Cecil Puryear, Mikel Ward, and Max Winn appeared to suggest that the City Council use
the funds to reduce property t" rates or at least to forestall an increase in property tax
rates.
The City of Lubbock collected $4,858,617 (plus any accrued interest) from the 1/2 cent
Economic Development Sales Tax during the period of July 1993 to December 1993. The
1/2 cent Economic Development Sales Tax was repealed by citizens on August 14, 1993.
JUNE 23, 1994
Page 372
Staff recommended that Council use the funds to retire the Psychiatric Hospital debt and
designate the remaining funds for the Economic Development Reserve Fund. These
reserve funds and accrued interest earnings will be available for future economic
development projects.
No action was taken.
( 5.) Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember
Ince to approve the minutes of the June 9, 1994, Regular City Council Meeting and
the June 16, 1994, Special City Council Meeting as written. Motion carried: 7
Yeas; 0 Nays.
(6.) ORDINANCE #9698--Abandoning and closing a portion of Richmond Avenue iust
north of 27th Street (4602 27th).
ORDINANCE #9698
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF RICHMOND
AVENUE IN 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.
Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to
pass on second and final reading Ordinance #9698 as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
(7.) Consider Resolution #4517 authorizing the sale of a parcel of land by the City
Council and authorizing the Mayor to execute for and on behalf of the City of
Lubbock, a Quitclaim Deed in favor of Howard and Betty Utz (2902 Grinnell).
RESOLUTION #4517
WHEREAS, a 5,150.29 square foot tract of land out of Lot 16, Block 5, Marlin Park
Addition to the City of Lubbock, Lubbock County, Texas, is hereby determined to be surplus to
the needs of the City of Lubbock and can be sold, due to its size and shape, without bid
procedures or publication to abutting owners for its fair market value pursuant to Section 272.001
of Vernon's Texas Codes Annotated Local Government Code; and
WHEREAS, said land has an appraised fair market value of $175.00, and abutting owners,
HOWARD and BETTY UTZ, have offered to purchase said land, and this City Council has
hereby determined that it would be in the public interest to sell said land to said abutting owners
at said fair market value; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT said sale as hereinabove set forth in the preamble hereof is hereby
approved.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed
to execute a Quitclaim Deed from the City of Lubbock unto the said HOWARD and BETTY
UTZ, as Grantees, for a consideration of $175.00 in cash paid to the City of Lubbock by said
Grantees, a copy of which Deed is attached hereto and shall be spread upon the minutes of this
Council, and as so spread upon said minutes shall constitute and be part hereof as if fully copied
herein in detail.
JUNE 23, 1994
Page 373
Passed by the City Council this 23rd day of June, 1994.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City Attorney
A copy of the Quitclaim Deed between Howard Utz and Betty Utz and the City of Lubbock is
filed with Resolution No. 4517.
(8.)
When the right-of-way was acquired for the widening of Detroit Avenue in 1989, several
whole takings (house and entire lots) were purchased. Only a portion of these lots were
used for the actual road construction; unusable remnants remained. Several of these
remnants were developed into park areas south of Erskine Street along the west side of
Detroit Avenue; others, such as the one this resolution addresses, are not needed by the
City and can be sold to the abutting property owner. Mr. and Mrs. Utz own the property
at 2904 Grinnell and desire to purchase this approximately 39 foot by 132.5 foot lot
remnant which contains 5,150.29 square feet.
The Right -of -Way Department recommended the sale of this Detroit Avenue lot remnant
to Mr. and Mrs. Utz for $175.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to
approve Resolution #4517 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9717
AN ORDINANCE ABANDONING AND CLOSING AN OVERHEAD POWERLINE
EASEMENT AND A PORTION OF A STORM WATER STORAGE AND DRAINAGE
EASEMENT LOCATED IN SECTION 14, BLOCK E-2, 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 ordinance abandons and closes a 10-foot by 145-foot overhead powerline easement
and a 4,156.7 square foot portion of a 70-foot storm water storage and drainage
easement, both of which are west of Quaker Avenue and just south of 95th Street in the
King's Point Addition. These are being closed for replatting purposes and the original
dedicator i.- the proponent of these closures. No problems are seen with the closure of
these two easements.
The Right -of -Way Department recommended the first reading of this ordinance.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to
pass on first reading Ordinance #9717 as recommended by staff. Motion carried: 7 Yeas;
0 Nays.
JUNE 23, 1994
Page 374
(9.) Consider Resolution #4518 authorizing the Mayor to execute an easement -use
license with NationsBank of Texas, N.A. (5102 82nd).
RESOLUTION #4518
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 Easement Use License Agreement with
Nations Bank of Texas, N.A., 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 23rd day of June, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City Attorney
The Easement Use License between the City of Lubbock and Nations Bank of Texas, N.A. is filed
with Resolution No. 4518.
This resolution authorizes the Mayor to grant NationsBank of Texas an easement -use
license to build a drive-in canopy over a portion of a 20-foot easement located across
Tracts F-9, F-10, F-42, and F-43, Woodland Park Addition. The yearly cost for this
license will be $50, which is the minimum license amount. This license will be for twenty
years, payable every five years or $250 per each five-year period. The $150 application
fee has been paid and all utilities are in agreement.
The Right -of -Way Department recommended the approval of this easement -use license.
Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to
approve Resolution #4518 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(10.) Consider Resolution #4519 authorizing the Mayor to execute on behalf of the City of
Lubbock a land lease for an airport outer marker site with Lubbock County Flower
Growers; Inc. (New Deal, Texas).
RESOLUTION #4519
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 to be entered into by and
between the City of Lubbock and Lubbock County Flower Growers, Inc. (as Lessor), attached
hereto, 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.
JUNE 23, 1994
Page 375
Passed by the City Council this 23rd day of June, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Jeff Hartsell "
Jeff Hartsell, Assistant City Attorney
A copy of the Lease Agreement between Lubbock County Flower Growers, Inc. and the City of
Lubbock is filed with Resolution No. 4519.
This outer marker site is located along the north side of Farm Road 1729 approximately
one-half mile east of New Deal, Texas, and contains Federal Aviation Administration
navigational equipment used in conjunction with the Lubbock International Airport. The
size of this site is 55 feet by 100 feet and contains 5,500 square feet. The term of this
lease is for 10 years and 3 months, starting July 1, 1994, and ending on September 30,
2004. The price of this lease is $250 per year for a total of $2,562.50, payable upon
execution of the lease.
The Right -of -Way Department recommended the execution of this lease.
Motion was made by Mayor Pro Tem. Neugebauer, seconded by Councilmember Ince to
approve Resolution 94519 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(11.) Consider Resolution #4520 authorizing the Mayor to sign the cover sheet of the
Texas Department of Transportation plans to construct curb ramps.
RESOLUTION #4520
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 the Cover (Title) Sheet of the Texas Department
of Transportation plans to construct curb ramps at various locations in the City of Lubbock, being
State Highway Project CAD 0905-06-023, 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 23rd day of June, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
JUNE 23, 1994
Page 376
APPROVED AS TO CONTENT:
/s/ Lam D. Hertel by R. Keith Smith
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
This is a project by the Texas Department of Transportation (TxDOT) to construct curb
ramps at various locations in the City on TxDOT right-of-way. The estimated cost of the
project is $676,725. The contract is proposed to bid in September 1994 and will take
approximately 15 months to complete.
TxDOT requests that the Mayor sign the cover sheet on plans for their projects that are
within the City of Lubbock to ensure Council awareness of the proposed construction.
There is no cost to the City related to this project.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tem. Neugebauer, seconded by Councilmember Ince to
approve Resolution #4520 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution #4521 accepting drainage improvements and fencing
constructed by Craze Construction, Inc., for the East 26th Street bridge.
RESOLUTION #4521
A RESOLUTION ACCEPTING STREET IMPROVEMENTS AS LISTED BELOW:
Wno WHEREAS, the City of Lubbock has heretofore entered into a Contract with Craze
Construction, Inc. for the construction of drainage improvements of a concrete drainage structure
and fencing at:
26th Street Bridge -- Concrete Drainage Structure and Fencing
WHEREAS, the construction of the above improvements at the above -mentioned location
was performed under the supervision of the City Engineer, and said improvements have been
completed and have been inspected and found to have been constructed in accordance with said
Contract, Bid Number 12786; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements at the above -mentioned location BE and the same
are hereby accepted and the City Engineer BE and he is hereby authorized to direct the final
payment to the Contractor in the amount of $1,139.90.
SECTION 2. THAT this Resolution shall take effect and be in force from and after the
date of its passage.
Passed by the City Council this 23rd day of June, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
JUNE 23, 1994
Page 377
APPROVED AS TO CONTENT:
/s/ Larry, Hertel by Louis D. Wood, Jr.
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
This is a routine acceptance of concrete drainage channels and fencing at the East 26th
Street bridge. The concrete channels are for erosion control around the bridge. The
fencing is to replace fencing that was removed when the bridge was reconstructed.
The estimated contract including Change Order No. 1 was $24,876. The final contract
amount is $22,798. Staff recommended acceptance of these paving improvements.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to
approve Resolution #4521 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.)
RESOLUTION #4522
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS
FOR TRACTS "D" THROUGH "H", WEST CHASE ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tracts "D" through "H", West Chase 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 $46,150.74, with the improvements
constructed by Utility Contractors of America having a value of $40,935.35, as determined by the
unit prices established by said Chapter 28 and $5,215.39 cash paid to the City, which amount
includes $4,416.06 for adjacent lines with Steve Hurt, the developer, to receive a refund of $0:00
in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of
deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was performed
under the supervision of the Water Utilities Engineer and completed in accordance with the City
of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 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 frc,-- and after the
date of its passage.
JUNE 23, 1994
Page 378
Passed by the City Council this 23rd day of June, 1994.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murphy
Michael E. Murphy
Senior Utilities Engineer
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard
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 $46,150.75,
including value of construction costs of $40,935.35 and $5,215.39 cash paid to the City of
Lubbock. There is no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Mayor Pro Tem. Neugebauer, seconded by Councilmember Ince to
approve Resolution #4522 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14.) Consider Resolution #4523 authorizing acceptance of water and sanitary sewer
improvements for Lots 874 through 893, Lakeridge Country Club Addition.
RESOLUTION #4523
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS
FOR LOTS 874 THROUGH 893, LAKERIDGE COUNTRY CLUB ESTATES ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 874 through 893, Lakeridge Country Club Estates
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 $30,543.04, with the improvements
constructed by Utility Contractors of America having a value of $29,013.37, as determined by the
unit prices established by said Chapter 28 and $1,529.67 cash paid to the City, which amount
includes $873.63 cash for adjacent lines with Lakeridge Country Club Estates, the developer, to
receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was performed
under the supervision of the Water Utilities Engineer and completed in accordance with the City
of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 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.
JUNE 23, 1994
Page 379
Passed by the City Council this 23rd day of June, 1994.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT
/s/ Michael E. Murphy
Michael E. Murphy
Senior Utilities Engineer
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard
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 $30,543.04,
including value of construction costs of $29,013.37 and $1,529.67 cash paid to the City of
Lubbock. There is no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to
approve Resolution #4523 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Consider Resolution #4524 authorizing the Mayor to execute Master Services
Agreement between the City of Lubbock and First Health Strategies, Inc.
RESOLUTION #4524
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 an on behalf of the City of Lubbock a Master Services Agreement by and between the
City of Lubbock and First Health Strategies, Inc., and an associated Acceptance of Annual
Renewal of a Minimum Premium Agreement executed in 1988 by and between the City of
Lubbock and Washington National Insurance Company, both attached herewith, which shall be
spread upon the minutes of Council and as spread on the minutes of the Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of June, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
JUNE 23, 1994
Page 380
APPROVED AS TO CONTENT:
/s/ Mga Andrews
Mary Andrews,
Director of Human Resources
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
A copy of the April 1, 1994 Renewal Letter from Washington National is filed with Resolution
No. 4524.
On April 1, 1988, the City of Lubbock entered into a contract with Alta Health Strategies
and Washington National Insurance Company for the administration of the group medical,
dental, and life insurance plans. These contracts have been renewed annually until March
31, 1994.
On April 1, 1994, a new plan year began and requires renewal of the Alta and Washington
National Contracts. Alta Health Strategies was purchased by First Financial Management
Corporation and changed its name to First Health Strategies. Although the City's working
relationship remains the same with First Health, the contract has changed in a few areas.
The following is a summary of changes from previous contract.
The Alta Administration Contract is now called the Master Services Agreement. The
main changes to this contract include: The "Fees" Statement under the First Health
contract does incorporate interest charges on any past due amounts at the lesser of 12
percent annually or the maximum rate allowed by law. The First Health contract does
contain a clause referred to "Compliance with Applicable Laws," which states both First
Health and the City will comply with laws, rules and regulations under this agreement, but
First Health will not be responsible for establishing or maintaining the City in compliance
and applicable state or federal legal requirements.
First Health has alleviated the separate "Standard Terms and Conditions" cont ract and
made it a part of the Master Services Agreement. A confidentiality clause and Proprietary
Information clause have been added. The term of the contract is an annual renewal, but
the contract termination notice has changed from 30 to 60 days. Contract termination
rights have been expanded to include failure to pay fees, bankruptcy, etc. The "Force
Majeure," which is subcontracting of certain duties to non-affiliated third parties, has been
included in the "Assignment" paragraph.
The Alta "Administrative Services Exhibit" and "Fee Exhibit" are synonymous to First
Health "Services and Fees Exhibit to Master Services Agreement for Administrative
Services." This agreement contains all the services provided by First Health even if the
City does not have those services in the plan design. Those services are marked with
"N/A." The new rates for Plan Year 94-95 are included in this agreement. Under
Section III, entitled Fees, number 4 "Other Optional Services" will be changed to
eliminate the Late Entrant Underwriting fee of $75.00 per application.
The ERISA DTE 77-9 Disclosure Statement is required under Federal law and is a part of
all First Health Contracts. First Health must follow ERISA guidelines disclosing the
money they make from commissions and how that money is made. The City does not pay
sales commission and that is indicated in the contract.
The "Alta Review Service Agreement" has become a part of the "Services and Fees
Exhibit To Master Services Agreement for Health Care Management Services."
Utilization Review services are now called Health Care Management -Inpatient. Hospital
JUNE 23, 1994
Page 381
in -patient stays preauthorization has always been a part of the plan design and the new
rates for this service are listed on the second page of this agreement. All Health Care
management services available through First Health are part of this agreement and are
marked by N/A if not a part of the City's plan. Under the "Miscellaneous" clause of the
Master Services agreement, the most noticeable change is the requirement of a 90-day
notice of a rate increase during the renewal term and an adjustment to fees should our
employee population decrease by 10 percent.
The Master Services Agreement for the Prescription Drug Program is the renewal contract
for the Alta Rx program. The drug program will remain under the Alta name. This
contract provides the new rates for PY94-95.
This is a summary of the contract changes and is essentially the same service as in previous
years.
Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to
approve Resolution #4524 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(17.) BID #12979--Land Application Site Fencing, and authorize same (Land Application
Site
RESOLUTION #4525
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 and all related documents by and
between the City of Lubbock and G&O Fence Company of Odessa, Texas to furnish and install all
materials as bid for the Land Application Site Fencing for the City of Lubbock, which contract is
attached hereto, 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 23rd day of June, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
JUNE 23, 1994
Page 382
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 23rd day of June, 1994, by and between
the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R.
Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and G & O
Fence, Inc. of the City of Odessa, County of Ector, 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. 12979 -- Land Application Site Fencing in the amount of $22,494.00
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:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
/s/ Don Vandiver
ATTEST:
/s/ Rosa Olivas
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Lan sg ton
Mayor
CONTRACTOR:
G & O FENCE, INC.
By: /s/ Efrain Olivas
Title: Vice President
COMPLETE ADDRESS:
11406 West 57th
Odessa, Texas 79764
JUNE 23, 1994
Page 383
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to
approve Resolution 94525 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(18.) BID #12981—Submersible Pump Package (Water Utilities).
Moore Supply Company--2 ea. 4" Flanged Check Valve; 2 ea. 15 LF - 4" Flanged D.I.
Sewer Pipe; 2 ea. 6 LF - 4" Flanged D.I. Sewer Pipe; 2 ea. 4" 45 Degree Flange Bend; 2
ea. 5 LF - 4" Flanged D.I. Sewer Pipe; 1 ea. 2 LF - 6" Flanged D.I. Sewer Pipe; 1 ea. 4.5
LF - 6" Flanged Pipe with Breakaway Joint, D.I. Sewer Pipe; 2 ea. 4" Flanged 90 Degree
Bend; 1 ea. 6" x 4" Flanged True Wye; 1 ea. 6" Flanged D. I. Sewer Tee; 1 ea. 6" Class
150 Blind Flange.
AMS Pump & Supply Company— 1 Lt. Submersible Pump Package.
Vaughn Concrete Products— 1 ea. 22'H x 90"D light Traffic Manhole; 1 ea. 5' x 5' x 6'
Concrete Vault.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to
approve low bids meeting specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(19.) BID #12989--Hot Mix 15-Month Pricing (Street Department).
Williams & Peters Construction--700 Tn Type C Hot Mix Using Local Aggregate; 700 Tn
Type D Hot Mix Using Local Aggregate; 600 Tn Cold Mix.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to
approve low bid meeting specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(20.) BID #12990--Meal Service at Senior Citizen Centers, and authorize same
(Community Development and Neighborhood Initiatives.)
RESOLUTION #4526
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 Furr's Family Dining, attached hereto, which Contract 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 23rd day of June, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
JUNE 23, 1994
Page 384
APPROVED AS TO CONTENT:
/s/ Sylvia Martinez -Flores
Sylvia Martinez -Flores, Manager of
Community Development and
Neighborhood Initiatives
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
The Food Service Agreement between the City of Lubbock and Furr's Family Dining is filed with
Resolution No. 4526.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to
authorize Resolution #4526 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(16.) Consider Resolution #4527 authorizing the Mayor to execute a Professional Service
Agreement between the City of Lubbock and Resource Management International.
RESOLUTION #4527
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 and all related documents by and
between the City of Lubbock and Resource Management International Inc., (RMI) of Austin,
Texas for a professional services agreement for Lubbock Power and Light, which contract is
attached hereto, 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 23rd day of June, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
The Professional Services Agreement between Resource Management International, Inc. and the
City of Lubbock and Lubbock Power & Light is filed with Resolution No. 4527.
This item was removed from consent agenda.
J. Robert Massengale, Assistant City Manager, presented staff comments. Lubbock Power
and Light (LP&L) is currently considering its power supply future. LP&L's present
JUNE 23, 1994
Page 385
growth rates indicate a need for additional power resources in the near future. Several
alternatives must be considered to meet these needs. These alternatives include:
1. Continue operations of LP&L's existing generation and purchase all additional
power needs from others.
2. Upgrade and modify LP&L's existing generation to produce additional power and
purchase remaining needs as required.
3. Construct new generation to supplement LP&L's existing system.
4. Sell LP&L's existing generation and purchase all needed power from others.
5. Some combination of the above.
Lubbock Power & Light is requesting a power supply study to help it determine the least
cost approach in meeting its future power supply needs both for the short and long term.
Due to the critical nature of these alternatives and their potential impact on future
revenues for LP&L and the City of Lubbock, it was felt that an independent consultant
should be used to study this issue.
The City of Lubbock solicited proposals to conduct this study. As a result of this request,
written proposals were received at the City's Purchasing office on March 22,1994. A
total of eight firms responded. These firms are listed in alphabetical order as follows:
Associated Utility Consultants
Atlanta, Georgia
Black & Veatch
Kansas City, Missouri
Burns & McDonnell
Kansas City, Missouri
GDS Associates
Marietta, Georgia
Lutz, Daily & Brain
Overland Park, Kansas
RMI-Resource Management Intnl.
Austin, Texas
Southern Engineering Co.
Atlanta, Georgia
Tippett & Gee
Abilene, Texas
A selection committee consisting of seven people from various City departments was
charged with reviewing all submitted proposals
and, based on the submitted proposals,
recommending to the City Council the best
qualified engineering firm. The criterion for
selection stated in the rating outline were:
1. Experience in working with Municipals
2. Experience in electric generation and purchased supply options
3. Performance for other utilities with similar studies
On April 4,1994, the review committee submitted its ratings for each of the proposals
received. As a result of the summary rating tabulations, the firms' ratings ranged from an
average of 67.96 to 90.96 out of a possible 100 points. The top three firms as identified
by consenst,� of the review committee, are as follows:
First: RMI-Resource Management International
Second: Tippett & Gee
Third: Burns & McDonnell
Each of these three companies was interviewed by the review committee on April
18,1994. The interview consisted of each company's response to specific items on a
proposed scope of work. Based upon responses to the scope of work and the following
question and answer session, each committee member was asked to rank each firm (first,
JUNE 23, 1994
Page 386
second, or third). Based upon the interview, RMI-Resource Management International
was selected as the best proposal (five 1 st place and two 2nd place votes) and Tippett &
Gee was selected as second place (two 1st place, four 2nd place and one 3rd place votes).
While any of these companies could adequately perform the study, RMI had demonstrated
a superior ability to perform the comprehensive analysis needed to arrive at the
recommendations needed to plan LP&L's future supply options.
RMI is an internationally known firm with extensive credentials and technical skills in the
areas of power supply and integrated resource planning. Their client list includes several
municipal utilities including the West Texas Municipal Power Agency. RMI will be able
to perform the independent study envisioned and produce a usable product to provide a
strong planning base for LP&L's future growth. The results of the study will be used to
support future capital projects and possible bond requests.
After a lengthy negotiation period with RMI, the review committee has negotiated an
agreement which will meet the needs of LP&L. This agreement provides full approval of
LP&L at each major step and allows LP&L the option of terminating the agreement at any
time. The agreement defines the project to encompass six separate tasks. Task one
involves the most time and the most expense. Task one gathers all the required data
including all required plant assessments. The cost to perform the work set forth in the
agreement is estimated to be $150,000. Approximately one-half of this cost will be
charged in task one. More definitive costs are not possible at this time. The specific work
to be performed in each task is subject to the results of the previous task.
The estimated time to complete the various tasks is as follows:
Task Description Approximate Dates
Resource Planning Program June 94-Aug 94
Assessment
Plant Life Assessment Aug 94-Sept 94
Establish Potential Resource Sept 94-Nov 94
Option
Lease Cost Plan Development Nov 94-Jan 95
Perform Long -Term Power Jan 95-Feb 95
Supply Business Strategy
Assessment
Plan Implementation Feb 95-Mar 95
This project involves possible joint projects with other municipals and cooperatives. Many
of these potential project partners have offered to pay a portion of these study costs.
This agreement allows LP&L the flexibility of securing the least cost plan for the future
power supply options. Staff believe this agreement and RMI will provide LP&L a strong
platform on which to build its future.
LP&L recommended that the City Council approve the enclosed Professional Services
Agreement.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson
to approve Resolution #4527 as recommended by staff. Motion carried: 5 Yeas; 1 Nay--
Councilmember Hernandez, Councilm—her Cooke was absent from Council Chambers
JUNE 23, 1994
Page 387
(27.) Consider Resolution #4528 authorizing the Mayor to execute a lease agreement with
Lykes Cartage Co., Inc.
RESOLUTION #4528
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 by and between the City of
Lubbock and Lykes Cartage Co., Inc., d/b/a Trans -Drayage Co., attached hereto, which
Agreement 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 23rd day of June, 1994
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Newsome
Jim Newsome, A.A.E., Interim Director
of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
The Lease Agreement between the City of Lubbock and Lykes Cartage Co. Inc. d/b/a Trans -
Drayage Co. is filed with Resolution No. 4528.
Jim Newsome, Interim Director of Aviation, presented staff comments. Lykes Cartage, a
freight forwarder, has been a tenant in the main terminal building for some time. When the
hangar previously occupied by Swetech Manufacturing became vacant, Lykes requested to
relocate to that hangar.
Before the Airport Board considered the relocation, the staff solicited Fixed Base
Operators' interests to make sure there weren't any aeronautical users wanting the hangar.
No interest surfaced and the staff took a proposal to the Airport Board which was
ultimately approved.
The term of the lease is for five years with one five-year extension. It will produce
$11,943.12 anni-11y. Other terms, conditions and representationq are standard. One
important feature of the new lease is that it captures the remaining nine months of Lykes'
current lease in the terminal and amortizes that balance owed over the initial term of the
new lease. A value of $13,778.91.
The staff recommended that the Council uphold the Airport Board recommendation.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to
approve Resolution #4528 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--
Councilmember Hernandez was absent from Council Chambers.
JUNE 23, 1994
Page 388
(28.) Consider Resolution #4529 authorizing the Mayor to execute a lease agreement with
K.F. Thiel & Sons Produce.
RESOLUTION #4529
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 Non -Aeronautical Lease Agreement by and
between the City of Lubbock and K. F. Thiel & Sons, attached hereto, 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 23rd day of June, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Newsome
Jim Newsome, Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
The Non -Aeronautical Lease Agreement between the City of Lubbock and K. F. Thiel & Sons
Produce is filed with Resolution No. 4529.
Jim Newsome, Interim Director of Aviation, presented staff comments. Mr. K.F. Thiel and
his family operate the farming lease on the airport. Recently they approached the staff to
lease two warehouses on the east side of the airport for their farming operations. They
propose to use these warehouses to sort, store, and process onions and other crops they
produce at the airport.
The warehouses are at 5500 and 5501 N. Zenith Avenue in the east district. The lease will
produce $6,900 over a one-year term and has a provision for a one-year extension. The
Airport Board approved this lease and recommended approval by Council.
Staff recommended that the Council uphold the Airport Board recommendation.
Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve
Resolution #4529 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--
Councilmember Hernandez and Mayor Pro Tern Neugebauer were absent from Council
Chambers.
(29.) Consider Resolution #4530 authorizing the Mayor to enter into an agreement
allowing Knights of Columbus Council #3008 to host a Battle of the Bands Festival
at Buddy Holly Recreation Area that will include the sale and consumption of
alcoholic beverages.
RESOLUTION #4530
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 Temporary Parks License Agreement by and
between the City of Lubbock and Knights of Columbus Council #3008 of Lubbock, which
JUNE 23, 1994
Page 389
temporary agreement is attached hereto, 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 23rd day of June, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Rusty Black
Rusty Black, Park Maintenance
Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
The Temporary Parks License Agreement between the City of Lubbock and the Knights of
Columbus Council #3008 is filed with Resolution No. 4530.
Carolyn Aliamus, Director of Culture and Leisure Services, presented staff comments. In
April, 1994, the Parks and Recreation Department was approached by Knights of
Columbus #3008 to host a Battle of the Bands Festival at the Buddy Holly Recreation
Area, adjacent to the Landwer Party House. This request included the desire to allow the
sale and consumption of alcoholic beverages as part of the event.
At the May 24, 1994 Park Board meeting, the Knights presented the request and it was
unanimously approved by the Park Board. The park area was reserved for the event with
details to be worked out with Parks and Recreation staff.
Guidelines and procedures have been developed to ensure that special concerts or events
would fall under proper control, access, security and management when alcohol is sold on
this property.
The Parks and Recreation staff will also have policies, procedures, and operating
regulations that each group will be mandated to follow for each concert or event unless
their specific lease exempts them from a provision. Requests for events that will want
alcohol sales will have to be approved by the Parks Board and then City Council.
In order to assure that this event will have proper security and other safeguards to provide
an orderly event, the following are provided in the lease agreement:
A. Security Fencing by K of C
B. Alcoholic Beverage Concessions - Maximum of 2 stands
C. Liability Insurance - $1,000,000 by K of C
D. Security - 3 officers per 1,000 participants
E. Parking - off -site parking south of concert site
F. Concessions - $200 per space
JUNE 23, 1994
Page 390
G. Restroom Facilities - minimum of 30
H. First Aid Station - minimum of 2
Bands by K of C
J. Promotion by K of C
K. Litter Control by K of C
L. Dumpsters - minimum of 6 by K of C
The Knights of Columbus previously hosted a two-day Cinco de Mayo Festival at Buddy
Holly Recreation area on April 30-May 1, 1994. Under this agreement, the Knights
agreed to $750/day, as a set fee. The City made $1,500 from this festival, less minor
expenses for electricity, dumpsters and site preparation. The Knights have again agreed to
pay $750 for the one -day event and to incur the costs of dumpsters.
The resolution would allow the Mayor to enter into an agreement that will allow Knights
of Columbus Council #3008 to sell alcoholic beverages during their Battle of the Bands
Festival. Staff and the Parks and Recreation Board recommended approval of this
resolution as per attached agreement and policies.
Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to
approve Resolution #4530 as recommended by staff. Motion carried: 6 Yeas; 1 Nay --
Mayor Pro Tern Neugebauer.
(30.) Consider Resolution #4531 authorizing the Mayor to sign an Interlocal Agreement
between the City of Lubbock and Lubbock County for the collection and disposal of
commercial waste.
RESOLUTION #4531
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the
City of Lubbock and Lubbock County regarding the commercial waste collection from County
buildings within the City of Lubbock limits, which Agreement is attached hereto, 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 23rd day of June, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
JUNE 23, 1994
Page 391
APPROVED AS TO CONTENT:
/s/ Lee Ramirez
Lee Ramirez, Solid Waste Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
The Interlocal Agreement between Lubbock County and the City of Lubbock is filed with
Resolution No. 4531.
Lubbock County has expressed an interest in contracting with the City of Lubbock for the
collection and disposal of commercial solid waste from County buildings within Lubbock
city limits.
In addition to commercial collection and disposal, this agreement allows for the collection,
separation, and marketing of recyclables to include white office paper, green -bar computer
paper, and cardboard. The City will provide and empty dumpsters used exclusively by the
County.
The County facilities included in this agreement are the Court House, the County parking
lot, the County Jail, the Youth Center, and the corrections facility.
The standard charge for commercial customers is $12 per cubic yard with twice per week
pick-up. The recyclables are scheduled for pick-up weekly. Therefore, the charge to the
County will be $862.50 per month.
Staff recommended that Council authorize the Mayor to sign an Interlocal Agreement
between the City of Lubbock and Lubbock County for the collection of commercial solid
waste from County buildings within Lubbock city limits.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to
approve Resolution #4531 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.`
(31.) Consider a resolution authorizing the Mayor to sign an Interlocal Agreement
between the City of Lubbock and Lubbock County for the management of a used oil
collection unit.
This item was deleted from the agenda.
(32.) Consider ratification and approval of assignment of ground -lease agreement
(Resolution #4435) originally executed between the City of Lubbock and SOJO
Treatment, L.C. to Bergstein Environmental Services, Inc.
RESOLUTION #4532
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the attached As--.- --nent of Ground Lease Agreement by and between SOJO
Treatment, L.C., and Bergstein Environmental, Inc., which assigns that certain Ground Lease
Agreement executed by and between the City of Lubbock and SOJO Treatment, L.C., is hereby
ratified and approved by the City Council of the City of Lubbock.
JUNE 23, 1994
Page 392
Passed by the City Council this 23rd day of June, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ramirez
Lee Ramirez, Solid Waste Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
The Assignment of Ground Lease Agreement between the City of Lubbock and SOJO Treatment,
L.C. is filed with Resolution No. 4532.
On March 24, the City of Lubbock Solid Waste Department recommended that the City
Council approve a ground lease agreement between the City of Lubbock and SOJO
Treatment, L.C. for the collection and disposal of liquid waste. At that time, it was
recommended that the City personnel determine the adequacy of SOJO Treatment's
insurance, specifically relating to pollution control liability. On April 28, 1994, the City of
Lubbock Solid Waste Department requested clarification of Council action regarding the
resolution to formalize the ground lease agreement On April 28, 1994, the resolution to
formalize the agreement was approved.
On May 10, 1994, SOJO Treatment, L.C. terminated the lease agreement with the City of
Lubbock. Solid Waste personnel met with Bergstein personnel to determine their desire
to operate the transfer station. With recommendations from the City of Lubbock Legal
Department, City personnel initiated the process of assigning the lease agreement from
SOJO Treatment to Bergstein Environmental. The liquid waste transfer station is a critical
operation due to the environmental responsibilities of the City of Lubbock. Therefore,
Solid Waste personnel recommended to upper management that Bergstein be allowed to
begin operation as soon as the assignment was agreed to by both SOJO Treatment and
Bergstein Environmental. Bergstein began operation of the liquid waste transfer station
on June 9, 1994.
The Solid Waste staff recommended ratification of the ground lease assignment from
SOJO Treatment and the City of Lubbock to Bergstein Environmental and the City of
Lubbock.
Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to
authorize Resolution #4532 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
JUNE 23, 1994
Page 393
(33.) Consider Resolution #4533 authorizing the Mayor to execute a Lease Agreement
between the City of Lubbock and Williams & Peters, Inc., for construction of an
asphalt plant at the Land Application Site.
RESOLUTION #4533
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 Williams & Peters
Construction, Inc., for equipment and vehicle storage and a hot mix plant and materials, which
lease agreement is attached hereto, 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 23rd day of June, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ John Hindman
John Hindman, Farm Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
The Lease Agreement between the City of Lubbock and Williams and Peters Construction Inc. is
filed with Resolution No. 4533.
John Hindman, Land Application Site, presented staff comments. Williams and Peters
recently contacted Water Utilities, asking if the City of Lubbock would be interested in
leasing some land for use as an asphalt plant and vehicle storage area. The Land
Application Site manager, working with Williams & Peters, selected a five -acre site
located just north of East 50th Street, about a quarter mile ease of Loop 289. This same
site was leased for an asphalt plant several years ago when the farm was operated by
Standefer & Gray.
The proposed lease provides for an initial one-year term, unless terminated earlier as
provided for in the lease. The lease agreement could be extended for additional one-year
terms upon mutual written agreement of both parties. Rent for the leased property would
be $500 per month. The lessee would be allowed to use the property for equipment and
vehicular storage and for operation of a hot mix plant. The washing, servicing, or
disassembly of any motor vehicle without the consent of the City of Lubbock would be
prohibited. The lease also p,uvides that the lessee must comply with all laws and
regulations, including environmental regulations, and keep the property clean and in good
condition. The lessee would be responsible for the clean-up of fuel spills, oil, or any other
hazardous materials in accordance with applicable environmental regulation. Should the
City of Lubbock determine that the lessee's operation is improper or objectionable, the
City would have the authority to terminate the lease with a 10-day notice of termination.
The staff believes that any problems associated with an asphalt plant operation should be
minimized in view of the fact that such operations are permitted and inspected by the
Texas Natural Resources Conservation Commission. Also, the proposed site, which is
JUNE 23, 1994
Page 394
outside the city limits and not subject to zoning regulations, is not located near any
residential development and thus should not constitute a nuisance for any neighbors.
Staff recommended approval of this item.
Motion was made by Councilmember Ince, seconded by Councilmember Patterson to
approve Resolution #4533 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(34.) Consider Resolution #4534 designating Mayor Pro Temaore.
RESOLUTION #4534
WHEREAS, the City Council of the City of Lubbock is required to elect a mayor pro tem
from among its membership pursuant to Chapter 1, Article IX, Section 12 of the Charter of the
City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE -CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT Randy Neugebauer is elected mayor pro tem of the Lubbock City Council until
such time as a successor may be elected and qualified.
Passed by the City Council this 23rd day of June, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
-- Betty M. Johnson, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
The members of the City Council are required by Chapter 1, Article IX, Section 12, of the
City Charter to elect a Mayor Pro Tempore from among the Council members at the first
regular meeting following the City general election and any applicable runoff elections.
Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to
approve Resolution #4534 appointing Randy Neugebauer as Mayor Pro Tempore.
Motion carried: 7 Yeas; 0 Nays.
(35.) Consider Resolution #4535 authorizing the mayor to execute an agreement for
services to assist with the retention of Reese Air Force Base.
RESOLUTION #4535
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement for services to assist with the
retention of Reese Air Force Base, attached hereto, by and between the City of Lubbock and Mr.
Christopher M. Lehman, Commonwealth Corporation, which Agreement 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.
JUNE 23, 1994
Page 395
Passed by the City Council this 23rd day of June, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Rod Ellis
Rod Ellis, Director of Business Development
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
The Agreement between Commonwealth Consulting Corporation and the City of Lubbock is filed
with Resolution No. 4535.
Bob Cass, City Manager, presented staff comments. Staff has completed the background
research and interviews with the firms who submitted proposals for assisting us in the
1995 Base Realignment and Closure process. This was an extremely difficult decision,
because all the firms staff interviewed were highly qualified and capable of offering the
services staff needed.
Mr. Cass recommended that the City of Lubbock engage the services of Chris Lehman
with Commonwealth Consulting Corporation.
Motion was made by Councilmember Patterson, seconded by Councilmember Ince to
approve Resolution #4535 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(35A.) Consider Resolution #4536 canvassing the report of the Recount Committee for the
Runoff Election held on June 11, 1994, and declaring the results.
RESOLUTION #4536
A RESOLUTION CANVASSING THE REPORT OF THE RECOUNT COMMITTEE
FOR THE RUN-OFF ELECTION HELD JUKE 11, 1994, AND DECLARING THE RESULT
OF THE RECOUNT.
BE IT REMEMBERED THAT on the 23rd day of June, 1994, the City Council of the
City of Lubbock met at 10:00 o'clock A.M. at the regular meeting place of the City Council in the
City of Lubbock -Municipal Building with the following members present, to -wit:
Mayor David Langston
Councilmember Victor Hernandez
Councilmember T.J. Patterson
Councilmember Windy Sitton
Councilmember Max Ince
Councilmember Randy Neugebauer
Councilmember Alex "Ty" Cooke
JUNE 23, 1994
Page 396
On motion of T.J. Patterson, second by Windy Sitton, it is unanimously carried that the
report of the Recount Committee for the recount of the votes in the Run -Off Election held June
11, 1994, for the election of the Council Member, District 1, as provided by law, be opened and
canvassed, and the results of the recount be declared therefrom, and said report having been duly
canvassed, it is found that the votes for the candidates are as follows:
CANDIDATES FOR COUNCIL MEMBER, DISTRICT 1 VOTES RECEIVED
RICHARD "RICHIE" LOPEZ .......................... 714
VICTOR HERNANDEZ ............................... 750
TOTAL VOTES CAST: 1,484*
*Includes over and under votes
And it further appearing that said recount was duly held as provided by law and that the
following person received a majority of the votes of the sum total of votes cast for such position:
Victor Hernandez
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF
THE CITY OF LUBBOCK:
THAT the following person was duly elected Council Member, District 1:
Victor Hernandez
PASSED, APPROVED AND ADOPTED ON MOTION OF T.J. PATTERSON, SECONDED
BY WINDY SITTON, THIS 23RD DAY OF JUNE, 1994, BY THE FOLLOWING VOTE:
COUNCIL MEMBERS VOTING AYE: David Langston
Victor Hernandez
T.J. Patterson
Windy Sitton
Max Ince
Randy Neugebauer
Alex "Ty" Cooke
COUNCIL MEMBERS VOTING NAY: None
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
On June 15, 1994, the City Secretary's Office received a valid petition from District 1
Council candidate Richard Lopez for a manual recount of the ballots from the June 11,
1994, Runoff Election between Richard Lopez and Victor Hernandez. On June 17, 1994,
JUNE 23, 1994
Page 397
the Recount Committee convened for the purpose of conducting the manual recount.
Council was provided a letter from the Chairman of the Recount Committee, Bill
McCullough, Senior Project Manager for Lubbock County Information Services. Mr.
McCullough's report indicated that the recount concluded that Mr. Lopez lost one vote
and Councilman Hernandez gained three votes. The committee unanimously agreed that
the change in the election results is directly related to improperly marked ballots that were
tallied as under votes or over votes by the electronic equipment and votes for a particular
candidate by the manual recount.
It was the recommendation of the City Secretary that the City Council act favorably on the
resolution.
Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to
authorize Resolution #4536 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(36.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section
551.074 (a)(1), to discuss personnel matters (City Manager).
(37.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section
551.074 (a)(1), to discuss personnel matters regarding duties, responsibilities, and/or
appointments to:
"Goals for Lubbock: A Vision Into the 21st Century"
(38.) Confirm appointments to the "Goals for Lubbock: A Vision Into the 21st Century
Subcommittees."
Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to
confirm appointments to the "Goals for Lubbock Subcommittees" as follows:
OVERALL CHAIRMAN
Gary Lawrence
ECONOMIC DEVELOPMENT
Dick Walsh, Chair
Jane Anne Stinnett, Vice Chair
Randy Wink
Randy Mckle
Marciano Morales
Sam Curl
Kent Moore
Ricky Scott
Randy Andrews
R. J. Givens
Zelda Cuevas
JUNE 23, 1994
Page 398
EDUCATION
Kenneth Bastian, Jr., Chair
Tom C. Nichols, Vice Chair
Curtis Culwell
Ramon Gallegos
Julie Blackard
Chevo Morales
Mary Tom Riley
Paul Whitton
Jim Shah
Linda Coronado
Dwight McDonald
HEALTH, SAFETY AND HUMAN SERVICES
Greg Garrison, Chair
Susan Stanton, Vice Chair
Bernhard Mittemeyer
Oscar Reyes
Dave Knapp
Ashley Pfeiffer
Marie Taylor
Delbert McDougal
Rebecca Wallace
Heenan Johnson, Jr.
Shirley McManigal
INTERGOVERNMENTAL COORDINATION
Nancy Neal, Chair
Col. Wymer, Vice Chair
Louise Cummins
Mary Blakemore
Shane Cunningham
Kenny Maines
Lorenzo Sedeno, Sr.
Dr. Michael Ward
Maria Mercado
Maggie Trejo
Ralph Madrid
LAND USE AND URBAN DESIGN
Melinda Green -Harvey, Chair
Henry Huneke, Vice Chair
Ken Flagg
Nita Kiesling
Mary Crites
Irasema Velasquez
David Goyette
Art Cuevas
Eddie Dixon
Gary Rothwell
Martin Harms
JUNE 23, 1994
Page 399
NEIGHBORHOOD AND CITIZEN INVOLVEMENT
Bill Blackwell, Chair
Marina Garcia, Vice Chair
Dwight Lusk
David Sowell
Penny Morin
Betsy Jones
Doug Hale
Lama Shoukfeh
Ellis Langston
Ms. Leigh Mires
Bennie Sims
RECREATION, PARKS, ENTERTAINMENT, AND
CULTURAL AFFAIRS
Sandy Henry, Chair
Everette Hooper, Vice Chair
Rick Lipps
Renee Underwood
Brad Green
Jane Prince -Jones
Anna Jenkin
Phillip Garcia
Evelyn Davis
Elizabeth Clarke
David Quintanilla
TRANSPORTATION
Shirley Christian, Chair
John Logan, Vice Chair
Lloyd Croslin
Bob Greenhill
Gary Bellair
Beverly McBeath
R. K. Miller
Jack Brown
Carl Utley
Gilbert Flores
Laura Jasso
UTILITIES
Don Richards, Chair
Jim Gilbreath, Vice Chair
Anthony Huggins
Jake Webb
David Sharbutt
Marjorie Kastman
Jerry Stephens
Robert Dominguez
Karen Worley
Jack Bounds
Kelvin Betzen
Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer was absent from Council
Chambers.
JUNE 23, 1994
Page 400
There being no further business to come before Council, motion was made by Councilmember
Patterson, seconded by Councilmember Ince to adjourn the meeting at 4:02 p.m. Motion carried:
6 Yeas; 0 Nays --Mayor Pro Tern NwagER-MrKas absent from Council Chambers.
DAVID R. LANGSTON) MAYOR
ATTEST:
,a �
- V
Betty M. Johnson, City Secretary
Read and approved this the 14th
ATTEST:
Betty M. Johnson, City Secretary