HomeMy WebLinkAboutMinutes - City Council - Regular - 12/15/1994CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
December 15, 1994
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 15th
day of December 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, Councilmember Victor Hernandez,
Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember
Max L. Ince, Councilmember Alex Cooke, Managing Director of Electric Utilities
J. Robert Massengale, City Attorney John C. Ross, Jr., and City Secretary Betty M.
Johnson.
Absent: Mayor Pro Tem Randy Neugebauer.
Mayor Langston called the meeting to order at 10:15 A.M.
( 1.) The Invocation was given by Mark Hindman, Director of
Support Services.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) Mayor David R. Langston proclaimed December 15, 1994, as
"Lubbock Christian High School Girls Volleyball Team Day,"
in recognition of their winning the State Girls Volleyball
Championship,
The Lubbock Christian High School Lady Eagles recently won the
1994 Texas Association of Private Schools Level II State
Volleyball Championship. In recognition of their achievement,
Mayor Langston declared "Lubbock Christian High School Girls
Volleyball Team Day" in Lubbock.
The Lady Eagles volleyball coach is Keith Giboney, and the
principal of Lubbock Christian High School is Mr. Russell Beene.
( 4.) Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve the minutes of the
December 8, 1994, Regular City Council Meeting as written.
Motion carried: 6 Yeas; 0 Nays.
( 5.) ORDINANCE #--Zone Case #1721-B (5211 29th Street and
5212 30th Street) --Request of Lloyd Headrick for a zoning
change from R-1 to GO Specific Use and R-1 Specific Use on
the west 70 feet of Lot 203 and the west 70 feet of Lot 202,
Midway Park Addition.
This item was deleted from the agenda.
City Council Meeting
December 15, 1994
Page 752
( 6.) ORDINANCE #9762--Zone Case #2217-A (south of 681h Street
and west of Slide Road) --Request of Kimley Horn and
Associates, Inc. (for the Seitz Group, Inc.) for a zoning change
from A-1 to R-1 to C-3 Specific Use on a portion of Section 27,
Block E-2 which includes a portion of Lot 1, Gilbert Addition,
W' 1 '
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2217-A; A ZONING CHANGE FROM A-1 AND R-1
TO C-2 AND C-3 SPECIFIC USE ZONING ON A PORTION OF LOT 1, GILBERT
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9762 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
( 7.) ORDINANCE #9764--Zone Case #2745 (2302 50th Street) --
Request of Roger Schumacher (for Peerless Tyre Company)
for a zoning change from C-2A to C-3 Specific Use limited to a
tire store on Lot 31 and 8 feet of closed alley, Dollie Mac No 2
Addition.
ORDINANCE #9764
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2745; A ZONING CHANGE FROM C-2A TO C-3
SPECIFIC USE ZONING, LIMITED TO A TIRE STORE ON LOT 31 AND 8 FEET
OF CLOSED ALLEY, DOLLIE MAC NO.2 ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9764 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
( 8.) ZONE CASE #9765--Zone Case #2190-D (southwest corner of
69th Street and Frankford Avenue) --Request of Bernie Gradel,
Jr., (for Art Cuevas Construction) for a zoning change from
A-2 limited to church and church related uses to R-1 Specific
Use (garden homes) on a tract out of Section 29, Block AK
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2190-D; A ZONING CHANGE FROM A-2, LIMITED
TO A CHURCH, TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A
TRACT OUT OF SECTION 29, BLOCK A-K, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
752
City Council Meeting
December 15, 1994
Page 753
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9765 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
( 9.) ORDINANCE #9766--Zone Case #2494-A (4835 Interstate 27)
--Request of Robert W. Rose for a zoning change from IHC to
C-4 limited to trailer rental and IHC permitted uses on a
portion of Lot 1, Block 3, Suburban Homes Addition.
ORDINANCE #9766
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2494-A; A ZONING CHANGE FROM IHC TO C-4
ZONING, LIMITED TO TRAILER RENTAL AND IHC PERMITTED USES ON LOT
1, BLOCK E, SUBURBAN HOMES ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9766 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(10.) ORDINANCE #9761--Abandoning and closing a 25-foot
access, private drainage, and underground utility easement
located in Section 28, Block E-2 (6001 Frankford),
ORDINANCE #9761
AN ORDINANCE ABANDONING AND CLOSING A 25 FOOT ACCESS,
PRIVATE DRAINAGE, AND UNDERGROUND UTILITY EASEMENT LOCATED
IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND RECORDED IN
VOLUME 4261, PAGE 136 OF THE OFFICIAL REAL PROPERTY RECORDS OF
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MAKR THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9761 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(11.) Consider Resolution #4682 authorizing acceptance of water
and sewer improvements for Lots 296-371 Revier Farm
Addition.
RESOLUTION #4682
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR LOTS 296 THROUGH 371, REVIER FARM ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 296 through 371, Revier Farm 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
753
City Council Meeting
December 15, 1994
Page 754
WHEREAS, the total utility cost to the developer is $58,029.59, with the
improvements constructed by Utility Contractors of America (UCA) having a value of
$38,172.19, as determined by the unit prices established by said Chapter 28, and
$19,857.40 cash paid to the City, which amount includes $10,884.97 transferred funds for
adjacent lines, and $7,896.32 cash for adjacent lines, with Betenbough & Co., Inc., the
developer, to receive a refund of $4,094.25 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 $4,094.25 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 15th day of December, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murhpy
Michael E. Murphy, Senior Utilities Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
This was a routine acceptance of water and sewer improvements
constructed in accordance with the subdivision regulations. The
total cost of the improvements was $58,029.59 including value of
construction costs of $38,172.19 and $19,857.40 paid to the City of
Lubbock. The developer, Betenbough & Co., received a refund of
$4,094.25 in accordance with Chapter 28 of the Code of the City of
Lubbock. There was no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4682 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
754
City Council Meeting
December 15, 1994
Page 755
(12.) Consider Resolution #4683 authorizing the Mayor to sign
agreements with local property owners associated with the
1993 assessment paving program.
RESOLUTION #4683
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 Agreements with local
property owners wherein such owners voluntarily consent to an assessment against their
property and the placement of a lien thereon in consideration for the property being
included in the 1993 Paving Assessment Program, which agreements are attached hereto
and 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 15th day of December, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
At the August 25, 1994, public hearing for the 1993 assessment
paving program, the Council voted to retain all of the proposed
alleys and streets on the program. The assessment paving program
included:
Unit 2035-94 Frankford Avenue from 66th Street to 82nd
Street.
Unit 2035-95 98th Street from Indiana Avenue to Slide
Road.
Unit 2035-96 20th Street from Kewanee Avenue to Juneau
Avenue
Unit A-461-34 The north -south alley between York
Avenue and Wayne Avenue from 4th Street to York
Avenue
755
City Council Meeting
December 15, 1994
Page 756
Unit A-461-35 The north -south alley between York
Avenue and Zoar Avenue from 4th Street to York Avenue.
Unit A-461-36 The east -west alley between Slide Road
and Zoar Avenue and between 75th Street and 76th Street.
On Units 2035-96, A-461-34, 35, and 36 the enhancement value of
the paving improvements was less than the recommended
assessment rates. Therefore, the Council required agreements to be
signed by a majority of the property owners on each unit stating
that they felt that their property would be enhanced at least as
much as the recommended assessment rate.
The required agreement was signed and returned by property
owners as follows:
Unit A-461-34
Unit A-461-3 5
Unit A-461-36
Unit 2035-96
75% Signed
77% Signed
83% Signed
53% Signed
These agreements served as evidence that the recommended
assessment rate was reasonable and constituted contracts between
the signing property owners and the City assuring payment of the
assessment.
Agreements were not required on Units 2035-94 and 95 since the
assessments were set at the enhancement rate on these
thoroughfare streets.
Staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4683 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(13.) Consider Resolution #4684 authorizing the Mayor to sign a
street -use license with Bell Dairy Products (211 University
Avenue),
RESOLUTION #4684
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street Use License
Agreement between the City of Lubbock and Bell Dairy Products, Inc., 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.
756
City Council Meeting
December 15, 1994
Page 757
Passed by the City Council this 15th day of December, 1994.
/s/ David R. Langston
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/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Street Use License Agreement is filed with Resolution No. 4684.
In 1974 Bell Dairy took out a Street -Use License for a loading
dock encroachment on 2nd Street just east of University Avenue.
The original license was amended in 1988 for an ammonia tank
enclosure and for a silo pad. In 1991 the original license was
amended again for the construction of a warehouse with an
attached loading dock. The original license recently expired; the
new resolution allows Bell Dairy to use 2nd Street for these same
four encroachments for an additional 20-year period. Total area of
2nd Street utilized by Bell Dairy amounts to 462.85 sq. ft.
The Right -of -Way Department recommended the approval of this
street -use license.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4684 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(14.) Consider Ordinance #9767 abandoning and closing a portion
of Grover Avenue located in the Spur 327 Business Park
Addition (5805 63rd Street
ORDINANCE #9767
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF GROVER
AVENUE LOCATED IN THE SPUR 327 BUSINESS PARK ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER .TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
The 1,253 sq. ft. area being closed is a street stub for Grover
Avenue which was dedicated by plat several years ago along the
south side of 63rd Street west of Genoa Avenue. A street opening
was not needed at this location and the area was being platted into
Lot 8, Spur 327 Business Park.
The Right -of -Way Department recommended the first reading of
this ordinance.
757
City Council Meeting
December 15, 1994
Page 758
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9767 as recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(15.) Consider Ordinance #9768 abandoning and closing a portion
of 66th Street in the Spur 327 Business Park Addition (5802
66th Street).
Ryj 1 ► �f:�
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH
STREET LOCATED IN THE SPUR 327 BUSINESS PARK ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARY
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 an eight foot by sixty foot
portion of 66th Street west of Genoa Avenue for platting purposes.
Sixty-sixth Street was originally dedicated 80 feet wide, 40 feet
each side of the section line through a county road dedication. The
Engineering Department showed 66th Street as being 64 feet in
width, 32 feet each side of the section line. Thus, an extra eight
feet on each side that was not needed by the City. The ordinance
closes the eight foot by sixty foot wide portion.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9768 as recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(16.) Consider Resolution #4685 authorizing the Mayor to execute
Change Order No. 1 to Monitor Labs, Inc.
RESOLUTION #4685
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Change Order No. 1 for
Monitor Labs, Inc. to furnish all labor and material to furnish Xterminal and S02
Computer for monitoring stack gasses, 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.
758
City Council Meeting
December 15, 1994
Page 759
Passed by the City Council this 15th day of December, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jay Wadsworth
Jay Wadsworth, Production Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of Change Order No. 1 is filed with Resolution No. 4685.
The Federal EPA requirements to monitor stack gasses were
changed in September 1994 to include SO2. Staff asked Monitor
Labs, which manufactures our Continuous Emissions Monitoring
System, to meet these new requirements. The original bid was
$249,900. With their addition, it was $285,051.
The City staff recommended the acceptance of this change order.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4685 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(17.) BID #13047--Automobiles and Light Trucks (Fleet Service
Scoggin Dickey Chevrolet, Inc.--1 ea. Full Size Automobile, 4
Door per Spec 111; 53 ea. Police Marked Unit per Spec 201; 2 ea.
Four Wheel Drive Vehicle per Spec 303 A,B; 1 ea. 1 Ton Long
Wheel Base Single Wheel Pickup per Spec 318 A,B; 3 ea. 3/4 Ton
Long Wheel Base Cab and Chassis per Spec 331 A,B; 1 ea. 1/2
Ton Long Wheel Base Pickup, per Spec 333; 1 ea. Small Cargo
Van per Spec 411 A,B; 6 ea. Police Marked Units, per Spec 227; 1
ea. 1 Ton Single Wheel Cab and Chassis, per Spec 309 A,B; 3 ea.
2 or 4 Door Automobile with large V6 (Taurus, Lumina, Grand
Prix, etc.) Monthly Rental Rate; 3 ea. 2 or 4 Door Automobile with
large V8 (Crown Victoria, Caprice, Monte Carlo, etc.) Monthly
Rental Rate. (Scoggin Dickey Chevrolet, Inc., was awarded this
bid following a drawing by Mayor Langston to break the tie.)
Frank Brown GMC--1 ea. Small Passenger Van, per Spec 430 A,B.
759
City Council Meeting
December 15, 1994
Page 760
Gene Messer Ford--8 ea. Intermediate Automobile, 4 Door per
Spec 101 A,B; 6 ea. Full Size Automobile, 4 Door per Spec 102
A,B; 2 ea. Four Wheel Drive Vehicle per Spec 303 A,B; 10 ea. 1/2
Ton Full Size Pickup per Spec 307 A,B; 1 ea. 3/4 Ton 4 x 4 Long
Wheel Base Cab and Chassis per Spec 312 A,B; 1 ea. 3/4 Ton
Long Wheel Base Cab and Chassis per Spec 315 A,B; 3 ea. 3/4
Ton Long Wheel Base Cab and Chassis per Spec 331 A,B; 2 ea.
Cargo Van per Spec 405 A,B; 2 ea. 12 Passenger Van per Spec 406
A,B; 3 ea. 3/4 Ton Cargo Van per Spec 431.
Shamrock Chevrolet— 1 ea. 4 x 4 Utility Vehicle per Spec 303 A,B;
2 ea. 3/4 Ton Cargo Van per Spec 403 A,B; 1 ea. 3/4 Ton
Suburban 4WD per Spec 410 A,B; 1 ea. Small Passenger Van per
Spec 414; 1 ea. 1 Ton Cutaway Van Chassis per Spec 432.
Smith Ford, Inc.--2 ea. 1 Ton Crew Cab Pickup with Dual Wheels
per Spec 504.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(18.) BID #13061--Tire Recapping -Annual -Pricing (Fleet Services).
McWhorter's Inc.--6 ea. Recap 29.5 x 34-35 Hardrock Tread; 400
ea. Recap 11 R x 22.5 Hardrock Tread; 200 ea. Recap 1 OR20 and
IOR x 22.5 Waste Hauler Tread; 1,179 ea. Nailhole Repair; 221 ea.
Small Section Repair, Tread Area; 35 ea. Small Section Repair,
Excluding Tread Area; 11 ea. Medium Section Repair; 60 ea.
Large Section Repair.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bid meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(19.) BID #13088--Paper-6-Month Pricing (Print Shop),
Gulf Coast Paper Co., Inc.--400 M 20# Assorted Colors 8.5 x 11; 6
M 20# Assorted Colors 8.5 x 14; 600 M 20# White 3-Hole Punch
8.5 x 11; 3 M 25% Cotton White 24# 8.5 x 14.
Unisource--20 M 20# White Continuous Paper Clean Micro Perf
9.5 x 11; 20 M 18E White Computer Paper 14 7/8 x 11; 20 M 18#
White 1/2" Greenbar Computer Paper 14 7/8 x 8.5; 100 RI Fax
Paper 8.5 x 328; 30 RI Fax Paper 8.5 x 98% 60 M 60# White Offset
11x17.
Graphic Equipment and Supply--44 M 110# Index White 8.5 x 11;
5 M 110# Index Assorted Colors 8.5 x 11; 110 M 19# Carbonless
Paper 2-Part Reverse Sequence 8.2 x 11; 110 M 19# Carbonless
Paper 3-Part Reverse Sequence 8.2 x 11; 60 M 19# Carbonless
Paper 4-Part Reverse Sequence 8.2 x 11; 30 M 19# Carbonless
Paper 2-Part Reverse Sequence 11 x 17; 30 M 19# Carbonless
Paper 3-Part Reverse Sequence 11 x 17; 20 M 19# Carbonless
Paper 4-Part Reverse Sequence 11 x 17; 60 M 60# White Offset
8.5 x 11.
760
City Council Meeting
December 15, 1994
Page 761
Southwest Office Systems, Inc.--20 M 2-Part Carbonless Computer
Paper White/Canary 9.5 x 11; 10 M Clasp Envelopes 28# Kraft 9 x
12.
Hester's Office Center-4 M Clasp Envelopes 28# Kraft 10 x 15; 3
M Clasp Envelopes 28# Draft 12 x 15.5; 4 M Clasp Envelopes 28#
Draft 6 x 9; 10 M Clasp Envelopes 28# Draft 7 x 10; 2 M
Interoffice String and Button Mail Envelopes; 15 M # 10 Regular
White Wove 24# Envelope.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(20.) ORDINANCE #9763--Zone Case #2161-D (south of 82nd Street
and west of University Avenue) --Request of Bernie Gradel, Jr.,
(for Lubbock Land Company) for a zoning change from R-1,
A-1, GO and C-2 to R-1, R-1 Specific Use (garden homes),A-1,
C-2 and C-3 on tracts out of the northwest quarter of Section
13, Block E-2.
ORDINANCE #9763
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2161-D; A ZONING CHANGE FROM R-1, A-1, GO
AND C-2 TO R-1, R-1 SPECIFIC USE FOR GARDEN HOMES, A-1, C-2 AND C-3
ON TRACTS OUT OF THE NORTHWEST QUARTER OF SECTION 13, BLOCK E-
2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9763 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(21.) Consider Resolution #4686 ratifying and a- roving an
assignment of a ground -lease agreement to Browning -Ferris
Industries, Inc., from Bergstein Environmental Services
RESOLUTION #4686
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the attached Assignment of Ground Lease Agreement by and between
Bergstein Environmental, Inc., and Browning -Ferris Industries, Inc., which assigns that
certain Ground Lease Agreement executed by and between the City of Lubbock and
Browning -Ferris Industries Inc., is hereby ratified and approved by the City Council of
the City of Lubbock.
761
City Council Meeting
December 15, 1994
Page 762
Passed by the City Council this 15th day of December, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/Quentin Thomas
Quentin Thomas, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Ground Lease Agreement is filed with Resolution No. 4686.
Martha Ellerbrook, Compliance Specialist, presented staff
comments. On March 24, 1994, 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 wastes.
At that time, it was recommended that staff determine the
adequacy of SOJO treatment's insurance, specifically relating to
pollution control liability. 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 to determine their desire to operate the transfer
station. Staff 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 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 May 10, 1994.
Council ratified the assignment of the lease from SOJO to
Bergstein on June 9, 1994.
On October 27, 1994, Bergstein Environmental informed the City
of Lubbock of their intent to terminate the ground lease agreement.
Solid Waste personnel requested approval to request Browning -
Ferris Industries, Inc. (BFI) to determine the feasibility of
assuming the operations of collection and disposal of liquid waste.
Bergstein agreed to assign the ground lease agreement to BFI and,
in turn, BFI agreed to assume this operation on December 12,
1994.
762
City Council Meeting
December 15, 1994
Page 763
Staff recommended ratification of the ground lease assignment
from Bergstein Environmental to Browning -Ferris Industries, Inc.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4686 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(22.) Consider Resolution #4687 authorizing the Mayor to sign a
contract with Ponderosa Products for the sale of wood waste
collected at the City of Lubbock Landfill.
RESOLUTION #4687
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for the
Purchase and Sale of Wood Materials, attached hereto, by and between the City of
Lubbock and Ponderosa Products, Inc., 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 15th day of December, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra Frankhouser
Debra Frankhouser, Assistant Solid Waste
Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of the Agreement for the Purchase and Sale of Wood Materials is filed with
Resolution No. 4687.
Frank Espino, Recycling Coordinator, presented staff comments.
This contract with Ponderosa Products is a continuation of the
program since operation began in February 1993. The term of this
agreement is three years, beginning January 1, 1995. Ponderosa
Products will accept loads of wood blocks and sawdust free of
contaminants. The City will receive $2.00 per ton for wood blocks
and $8.00 per ton for sawdust. Each load will average a minimum
of 16 tons, with the freight being paid by Ponderosa Products. For
fiscal year 1993-94 over 1,700 tons of material were shipped to
Ponderosa Products. At present production rates, it is estimated
that over 2,400 tons of material will be reused. This will generate
763
City Council Meeting
December 15, 1994
Page 764
over $10,000 of revenue for Solid Waste. More significantly,
however, it will eliminate this amount of waste from the landfill.
Staff recommended approval of this contract between the City of
Lubbock and Ponderosa Products for the sale of wood waste.
Motion was made by Councilmember Sitton, seconded by
Councilmember Hernandez to authorize Resolution #4687 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(23.) Consider Ordinance #9769 amending Chapter 24 of the Code
of Ordinances relating to the assigning of street addresses and
providing for appeals.
ORDINANCE #9769
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ASSIGNMENT OF STREET ADDRESSES WITHIN THE CITY OF LUBBOCK;
PROVIDING FOR APPEAL OF STREET ADDRESS DECISIONS TO THE
BUILDING BOARD OF APPEALS; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Representatives from the U.S. Postal Service requested that the
City amend the City ordinance that specifies the method for
assigning addresses where there are multiple buildings or units on
one lot. The change in the ordinance will provide for numerical
suffixes which can be better understood by the new equipment
(i.e., 4124 34th Street, #1, instead of 4124-A 34th Street).
The proposed change to the ordinance was reviewed by City staff,
Emergency Services (9-1-1), and the Central Appraisal District.
All parties agreed that the ordinance change would be workable
and would assist the Postal Service in providing a better service for
our community.
Staff recommended approval of the ordinance amendment.
Councilmember Hernandez indicated that, even though he was
representing clients in a suit against the U.S. Postal Service, he
would be participating in the vote.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on first reading Ordinance #9769 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(24.) Consider Resolution #4688 appointing the Managing Director
of Electric Utilities as the designated representative for
Lubbock Power & Light under the Acid Rain Program.
RESOLUTION #4688
WHEREAS, the City of Lubbock is required to appoint a person as it's designated
representative for Lubbock Power and Light under the Environmental Protection
Agency's Acid Rain Program, 40 CFR 72; and
WHEREAS, the City Council of the City of Lubbock believes that appointment of
such designated representative will be in the best interest of the citizens of the City of
Lubbock; NOW THEREFORE:
764
City Council Meeting
December 15, 1994
Page 765
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Managing Director of Electric Utilities is hereby named as the
Designated Representative for Lubbock Power & Light (City of Lubbock) for the
Environmental Protection Agency's Acid Rain Program. Said Designated Representative
shall have such powers and duties as are permitted or required under the Acid Rain
Program to the extent allowed by law.
Passed by the City Council this 15th day of December, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale,
Managing Director of Electric Utilities
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City Attorney
According to staff memo, the Environmental Protection Agency
(EPA) promulgated regulations under the Clean Air Act designed
to deal with Acid Rain Program Regulations. Each utility source,
such as LP&L, must designate one representative to act on his
behalf. The representative would submit documents and forms on
behalf of the City and would be the representative for the City in
receiving orders and instructions from the EPA.
Staff recommended that the Robert Massengale, Managing
Director of Electric Utilities, be appointed as the designated
representative.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4688 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(25.) Consider Resolution #4689 authorizing the Mayor to execute a
Release of Lien on propejU of James Brent Tidwell
RESOLUTION #4689
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 a Release of Lien, 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.
City Council Meeting
December 15, 1994
Page 766
Passed by the City Council this 15th day of December, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Will
Harold Willard, Assistant City Attorney
A copy of the Release of Lien is filed with Resolution No. 4689.
John C. Ross, Jr., City Attorney, presented staff comments.
Pursuant to Vernon's Ann. Civ. Stat. Article I I05b, the City
Council passed an ordinance which was subsequently filed in the
Real Property Records for Lubbock County and created a lien for
paving improvements on property owned by James Brent Tidwell.
The attorney representing the property owner then requested the
release of the paving lien and provided the City with an affidavit
from the client declaring the property to be a homestead.
Article 16, Section 50 of the Texas Constitution declares most
liens placed on homestead property to be invalid unless contracted
for in writing. This particular property owner did not execute an
agreement with the City for the paving improvements even though
the value of his property has evidently been enhanced by such
improvements.
Article 1105b does not empower the City to create a lien for street
improvements against exempt property (i.e., homestead) contrary
to the constitutional provision, but the property owner remains
personally liable for the assessment.
A contract was prepared which would hopefully enable the City to
henceforth perfect valid liens against homestead property if
voluntarily executed. However, it appears the City must release
the paving lien it now has against the property owned by the
above -named individual and file suit against him if he refuses to
pay for this portion of the cost of the improvements.
Staff recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to authorize Resolution #4689 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
766
City Council Meeting
December 15, 1994
Page 767
(26.) Consider Ordinance #9770 amending Chapter 2 of the City of
Lubbock Code of Ordinances regarding appointment of
members to the Firemen's and Policemen's Civil Service
Commission.
ORDINANCE #9770
Betty Johnson, City Secretary, provided staff comments. In a
review of the procedure for making appointments to the Firemen's
and Policemen's Civil Service Commission, it became apparent
that the language in Section 2-212 of the Code of Ordinances did
not match the statutory language in the Texas Local Government
Code which requires members of the Commission to be appointed
by the chief executive of the municipality. Currently, the Code of
Ordinances requires the Mayor to make appointments to the Civil
Service Commission with confirmation by the City Council.
However, according to Article X, Section 4a of the City Charter,
the City Manager is the chief executive in charge of appointments
of employees and officers of the City.
In practice, the City Manager currently makes appointments to the
Civil Service Commission with confirmation by the City Council.
The purpose of this amendment is to match the language in the
City Code with the language in the governing state statute. This
amendment will in no way affect the current purpose and function
of the Civil Service Commission or change the current
appointment process whereby members of the Commission are
appointed by the City Manager and confirmed by the City Council.
Staff recommended adoption of this amendment.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance #9770 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(27.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071 (1)(A), to discuss pending
or contemplated litigation (Solid Waste and Water Utilities).
767
City Council Meeting
December 15, 1994
Page 768
There being no further business to come before Council, motion was made by
Councilmember Ince, seconded by Councilmember Sitton to adjourn the meeting at 11:50
a.m. Motion carried: 5 Yeas; 0 Nays--Cou mem a terson was absent from
Council Chambers.
AVID R. LANGS7"ON, MA
ATTEST:
&tt�' j
Betty M. Johnson, ity Secretary
Read and approved this the 12th day of J
ATTEST:
9-rr't-, Lk- C)2�e"_'j
Betty M. Johnson, tity Secretary
768