HomeMy WebLinkAboutMinutes - City Council - Regular - 6/22/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 22,1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 22nd
day of June 1995 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, City Manager Bob Cass, 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 10:10 A.M.
( 1.) The Invocation was given by Mel Swoyer, Pastor of Shepherd
King Lutheran Church and Vice -President of the Ministerial
Alliance.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) Presentation to Dr. Ron North for his past service as Chairman
of the Airport Board.
Due to Dr. North's scheduling conflicts, this item was deleted from
the agenda.
( 4.) Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to approve the minutes of the June
8, 1995, Regular City Council Meeting as written. Motion
carried: 6 Yeas; 0 Nays.
(5.) ORDINANCE #9812--Amending Article 12, Sections 2-309 and
2-310 of the Code of Ordinances relating to the composition,
function and goals of the Human Relations Commission.
ORDINANCE 99812
AN ORDINANCE AMENDING ARTICLE XII OF THE CODE OF
ORDINANCES ENTITLED HUMAN RELATIONS COMMISSION, BY AMENDING
SECTION 2-309 AS TO THE COMPOSITION AND SECTION 2-310 AS TO THE
FUNCTION AND GOALS OF THE COMMISSION; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to pass on second and final reading
Ordinance 49812 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
City Council Minutes
June 22, 1995
Page 424
( 6.) ORDINANCE #9813--Amending Chapter 28 of the Code of
Ordinances pertaining to wastewater system discharge
enforcement procedures.
ORDINANCE #9813
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
PROCEDURES TO BE FOLLOWED WITH REGARD TO ENFORCEMENT
PROCEDURES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to pass on second and final reading
Ordinance #9813 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(7.) Consider Resolution #4869 authorizing the Mayor to execute
an agreement with Lubbock Arts Alliance, Inc., for an arts
grant program for 1995.
RESOLUTION 94869
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 by and
between the City of Lubbock and Lubbock Arts Alliance, Inc., and any associated
documents. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 22nd day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Connie Gibbons
Connie Gibbons, Manager of Cultural
Art Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
A copy of the Agreement by and between the City of Lubbock and the Lubbock Arts
Alliance, Inc., is filed with Resolution No. 4869.
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City Council Minutes
June 22, 1995
Page 425
For the past 15 years, the City Council has approved an agreement
with the Lubbock Arts Alliance, Inc., whereby the City paid a
portion of the revenues collected from the hotel/motel tax for the
encouragement, promotion, and improvement of all forms of art in
the community. The 1995 agreement provides for a total sum of
$116,683.20, which is .400 cent of the 7 cent hotel/motel tax
collected during the fiscal year ended September 30, 1994. The
allocation for 1994 was $117,643.62. The agreement provides that
a review committee of the Lubbock Arts Alliance, Inc., will
receive and evaluate applications for art grants and make
recommendations to the City Council for awarding of these grants.
Staff recommended approval of the 1995 agreement.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4869 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(8.) Consider Resolution #4870 authorizing acceptance of water
and sanitary sewer improvements for Lots 1-19, and Tracts
A&B, Kings Lake Addition.
RESOLUTION #4870
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR LOTS 1 THROUGH 19 AND TRACTS A & B, KINGS LAKE
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1 through 19 and Tracts A & B, Kings Lake
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 $33,822.62, with the
improvements constructed by Lubbock Development Company having a value of
$32,040.54, as determined by the unit prices established by said Chapter 28, and
$1,782.08 cash paid to the City, which amount includes $1,150.90 cash for adjacent lines,
with Lubbock Development Company, 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.
425
City Council Minutes
June 22, 1995
Page 426
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 22nd day of June 1995.
/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. Murphy
Michael E. Murphy, Senior Utilities Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
This is a routine acceptance of water and sanitary sewer
improvements constructed in accordance with the subdivision
regulations. The total cost of the improvements is $33,822.62,
including value of construction costs of $32,040.54 and $1,782,08
cash paid to the City of Lubbock. The developer, Lubbock Land
Company, will not receive a refund. There is no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4870 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(9.) Consider Resolution 94871 accepting paving improvements
constructed by Williams and Peters Construction Co., Inc., in
Pheasant Ridge Addition, Lots 1-22 and Tract A-D.
RESOLUTION #4871
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF AN
AVENUE AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-22 and Tracts A-
D, Pheasant Ridge Addition, made arrangements with Williams & Peters Construction
Company, Inc. for the construction of paving improvements on a certain avenue
dedicated in said subdivision under the provisions of said Ordinance prior to the
recording of the subdivision plat of the above -mentioned Addition, including the
following avenue:
Freeport Avenue from the South lip line of 69th Street to the cul-de-sac
600 feet South, known and designated as New Subdivision Sub -Unit
Number 86 of Unit Number 2036.
426
City Council Minutes
June 22, 1995
Page 427
WHEREAS, the construction of the above improvements on the above -mentioned
avenue was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
avenue BE and the same are hereby accepted and the City Engineer BE and he is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council.
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 22nd day of June 1995.
/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 Willard
Harold Willard, Assistant City Attorney
This is a routine acceptance of paving improvements required at
the time of platting this new subdivision. These improvements
consist of street paving and curb and gutter on:
Freeport Avenue from 69th Street to the cul-de-sac 600 feet
south.
There is no City cost due the contractor upon this acceptance.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4871 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
427
City Council Minutes
June 22, 1995
Page 428
(10.) Consider Resolution #4872 authorizing the Mayor to execute a
grant agreement with the United States of America,
Department of Transportation, Federal Aviation
Administration for airport improvements including paving
runway 8-26 shoulders, reconstruction of runway 8-26 blast
pad, and ARFF station driveway turning radius
improvements.
RESOLUTION #4872
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 Grant Agreement and any
related documents with the United States of America, Department of Transportation,
Federal Aviation Administration, for Lubbock International Airport improvements
consisting of paving runway 8/26 shoulders, reconstructing runway 26 blast pad, and
increasing ARFF station driveway turning radius, which Agreement is 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 22nd day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Aviation Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Grant Agreement is filed with Resolution No. 4872.
This grant is for the paving of runway 8-26 shoulders,
reconstruction of the blast pad on the approach end of runway 26,
and increasing the driveway turn radius at the airport fire station.
The grant is for $1,296,479 in AIP enplanement funds for FY95
and represents 90 percent of the estimated cost of construction.
The 10 percent in matching funds is from passenger facility
charges authorized to be collected and used for this project.
City Council Minutes
June 22, 1995
Page 429
The shoulder pavement being added to the east -west air carrier
runway 8-26 is designed to improve safety in aircraft movement
and to prevent erosion along the edges of the pavement. This work
is the second phase of an overall project identified in the approved
Airport Master Plan to pave the shoulders along all pavements
used by the air carriers. The first phase included the north -south
runway 17R/35, which was completed in 1993. The third and final
phase will include the major taxiways and ramps and is scheduled
for 1996. The current work is included in the approved Airport
Capital Project Budget, Project 9980.
This project enhances safety in aircraft operations and protects the
welfare of the passengers and citizens using the airport. The staff
recommended acceptance of this grant.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4872 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(11.) Consider Resolution #4873 authorizing the Mayor to execute
an agreement between the City of Lubbock and Reese Air
Force Base for the Purpose of exercising the Emergency
Operations Plans.
RESOLUTION #4873
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 and all related
documents by and between the City of Lubbock and Reese Air Force Base, relating to
joint civil defense exercises, which Agreement is attached hereto and 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 22nd day of June 1995.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson, Emergency Preparedness and
Special Projects Coordinator
APPROVED AS TO FORM:
/s/ Jean E. Shotts
Jean E. Shotts, Jr., Trial Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
Me
City Council Minutes
June 22, 1995
Page 430
A copy of the Agreement by and between the City of Lubbock and Reese Air Force Base
is filed with Resolution No. 4873.
This agreement is necessary to conduct joint Civil Defense
Exercises with Reese Air Force Base. The exercises are conducted
in an effort to evaluate Emergency Plans for Reese Air Force Base
and the joint Lubbock County/City of Lubbock Emergency
Operations Plan and essential to ensure continuity within all levels
of government within the community.
Staff recommended approval.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4873 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(12.) Consider Resolution 94874 authorizing the Mayor to execute a
Letter of Agreement and license agreement with Personnel
Decisions, Inc., to provide a leadership and development
program.
RESOLUTION #4874
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 Personnel Decision, Inc., a
Minnesota Corporation, to provide materials, training and consulting services, 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 22nd day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews, Managing Director
Human Resources
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Contract by and between the City of Lubbock and Personnel Decision, Inc.,
is filed with Resolution No. 4874.
430
City Council Minutes
June 22, 1995
Page 431
In accordance with organizational and Council objectives on
training and development and as approved in the 1994-95 budget, a
Leadership Assessment and Development Program for the senior
management team is requested. The Leadership Assessment and
Development Program, in addition to developing a corporate
culture that encourages empowerment and leadership, will meet the
following objectives:
Assess individual strengths and development needs of
senior management team members with an instrument
which rates leadership abilities by self, supervision and
direct reports.
Benchmark managers' profile against a national norm from
Fortune 500 companies.
Create a development plan for each manager.
Provide training sessions to meet collective development
needs of the organization.
Provide information for succession planning.
Seven responses were received from the RFP for Leadership
Assessment and Development. The respondents were:
Personnel Decisions, Inc., Dallas, Texas
Workforce Solutions (IBM), Dallas, Texas
Priority Management Services, Lubbock, Texas
Leadership Resources, Austin, Texas
Total Leadership Consulting, Euless, Texas
Xerox Corp., Rochester, New York
The Cumberland Group - SW, Humble, Texas
The RFP Evaluation Committee reviewed each response and
ranked Personnel Decisions, Inc., (PDI) and Workforce Solutions
(IBM) as the top two contenders. After presentations and reference
checks, the Committee determined that PDI would best provide the
assessment and training outlined in the RFP. PDI was selected on
the basis of expertise, superiority of the multi -rater assessment
instrument, benchmarking capability, and suitability for future
development of lower -level management.
Total cost for the Leadership Assessment and Development
program for the senior management team is $30,655. This
includes assessment analysis, participant materials, three days on -
site training, and certification of three City of Lubbock staff as
trainers for the continuation of the program. The license
agreement provides for future use of the assessment instrument and
training materials.
The RFP Evaluation Committee and Human Resources
Department recommended the approval of this letter of agreement.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4874 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
431
City Council Minutes
June 22, 1995
Page 432
(13.) Consider Resolution #4875 authorizing the Mayor to execute a
tax abatement agreement with Economy Mills, Ltd.
RESOLUTION 94875
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 and all related
documents by and between the City of Lubbock and Economy Mills, Ltd., for industrial
tax abatement, which Agreement is 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 22nd day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Joel Beesinger
Joel Beesinger, Interim Director of
Business Development
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Agreement by and between the City of Lubbock and Economy Mills, Ltd.,
is filed with Resolution No. 4875.
Economy Mills' manufacturing plant at 1413 Avenue B was
destroyed by fire on April 10, 1995, and they are planning to build
a new expanded manufacturing facility at 211 15th Street. The
new facility will be 3,400 square feet and will house a 12,000
bushelbatching system, sweet feed system, pellet mill, roller mill,
full -circle grinder, grain cleaning, flaking, and rolling equipment.
Economy Mills will have a production capacity of over 100 tons of
bagged and bulk feed per 8 hour shift.
The base year appraisal value of the property and improvements is
$98,995. The additional value added to the property with the new
facility, improvements and tangible personal property will be
$602,000. The annual amount of tax abatement will be $3,852.80.
The total amount of tax abatement for five years will be $19,264.
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City Council Minutes
June 22, 1995
Page 433
The company employed ten full-time employees before the plant
burned and plans to retain the ten employees if the new facility is
built. The project will add $602,000 in new value to the tax base in
the North Enterprise Zone and will result in the retention of ten
employees.
Staff recommended approval of the tax abatement agreement for a
period of five years.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4875 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(14.) Consider Resolution #4876 authorizing the Mayor to execute a
weed agreement between the City of Lubbock and Larry
Torres for the removal of weeds and rubbish.
RESOLUTION 44876
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 Weed Agreement between
the City of Lubbock and Larry Torres, for the removal of weeds and rubbish, 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 22nd day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Managing Director of
Water Utilities
APPROVED AS TO FORM:
/s/ Lina Reyes -Trevino
Lina Reyes -Trevino, Assistant City Attorney
A copy of the Agreement by and between the City of Lubbock and Larry Torres is filed
with Resolution No. 4876.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4876 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
433
City Council Minutes
June 22, 1995
Page 434
(15.) Consider Resolution #4877 authorizing the Mayor to execute a
weed agreement between the City of Lubbock and Ken Kelley
for the removal of weeds and rubbish.
RESOLUTION #4877
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 Weed Agreement between
the City of Lubbock and Ken Kelley, for the removal of weeds and rubbish, 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 22nd day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Managing Director of
Water Utilities
APPROVED AS TO FORM:
/s/ Lina Reyes -Trevino
Lina Reyes -Trevino, Assistant City Attorney
A copy of the Agreement by and between the City of Lubbock and Ken Kelley is filed
with Resolution No. 4877.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4877 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(16.) BID 413219--23rd Street & Quaker Avenue Lift Station, and
authorize same ()Yater Utilities).
RESOLUTION 94878
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 Rhode Construction, of Lubbock,
Texas, to furnish install all services and materials as bid for the 23rd Street & Quaker
Avenue Lift Station for the City of Lubbock, which contract is attached hereto, which
434
City Council Minutes
June 22, 1995
Page 435
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 22nd day of June 1995.
/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
CONTRACT
STATE OF TEXAS S
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 22nd day of June 1995 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 Rhode Construction Company of the City of Lubbock, County of
Lubbock, and the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID NO. 13219--23rd Street & Quaker Avenue Lift Station in the amount of $445,137.00
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.
435
City Council Minutes
June 22, 1995
Page 436
IN WITNESS WHEREOF, the parties to these presents have executed this agreement
in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Rhode Construction Company
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Rhode Construction Company
P.O. Box 53370
Lubbock, Texas 794323
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4878 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(17.) BID #13268-- Lubbock International Runway 8-26 Shoulders
Improvements, and authorize same (Aviation).
RESOLUTION #4879
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 Williams & Peters of Lubbock to
furnish and install all services and materials as bid for the Lubbock International Airport
Runway 8-26 Shoulders Improvements 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.
436
City Council Minutes
June 22, 1995
Page 437
Passed by the City Council this 22nd day of June 1995.
/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
CONTRACT
STATE OF TEXAS S
COUNTY OF LUBBOCK 6
THIS AGREEMENT, made and entered into this 22nd day of June 1995 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 Williams & Peters Construction Company of the City of Lubbock, County
of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID NO. 13268--Lubbock International Runway 8-26 Shoulders Improvements in the
amount of $1,252,593.75
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.
437
City Council Minutes
June 22, 1995
Page 438
IN WITNESS WHEREOF, the parties to these presents have executed this agreement
in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Williams & Peters Construction Company
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Williams & Peters Construction Company
P.O. Box 3907
Lubbock, Texas 79452
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4879 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(26.) Consider Resolution 44880 creating the Lubbock Power and
Light Review Committee.
RESOLUTION 94880
WHEREAS, RMI, Inc. was retained by the City of Lubbock to study the future of
Lubbock Power & Light; and
WHEREAS, RMI, Inc. delivered its report to the City Council on June 8, 1995;
and
WHEREAS, the City Council deems it to be in the best interest of the City to
appoint a citizens committee to review the report of RMI, Inc. and to return detailed
recommendations to the City Council on the future of LP&L; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT there is hereby created a committee to be known as the
LP&L Review Committee; and
SECTION 2. (a) THAT such committee shall consist of nine (9) members
composed of members of the general public; and
(b) THAT the primary function of said committee will be to gather and
present all information for Council to make an informed decision as to future
ownership of LP&L.
SECTION 3. THAT such committee shall undertake the following:
(a) an evaluation of the assumptions of the RMI, Inc. study;
(b) investigate the current state of the electric utility industry in its effects on
LP&L;
City Council Minutes
June 22, 1995
Page 439
(c) a risk benefits analysis of continued ownership of LP&L; and
(d) a recommendation as to the disposition of sale proceeds in the event that a
decision is made to sell the utility.
SECTION 4. THAT each committee member shall disclose any relationship that
said committee member may have with another utility operating within the City limits of
the City of Lubbock including whether such committee member is an officer, an
employee or a shareholder of such utility.
Passed by the City Council this 22nd day of June 1995.
/s/ David R. Langston
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, Director of Electric Utilities
APPROVED AS TO FORM:
/s/ John C. Ross. Jr.
John C. Ross, Jr., City Attorney
At the June 8 City Council meeting, after hearing the results of the
RMI/Owner study on LP&L Ownership Options, the City Council
directed the staff to prepare a resolution concerning the creation of
a committee to extend the investigation into the future of LP&L.
The draft resolution creates a committee of nine members from the
City Council, Electric Utility Board, and the general public.
The resolution requires disclosure of any officer, employee or
shareholder relationships with any utility within the City limits of
Lubbock.
This resolution is consistent with the direction that the City
Council has been giving staff in the continuing study of LP&L.
The staff believes that the committee is a valid approach in trying
to help the City Council decide on ownership options.
Motion was made by Councilmember Sitton, seconded by
Councilmember Cooke to authorize Resolution #4880 with an
amendment to require that the nine members be from the general
public and with a 60-day life of the review committee. Motion
carried: 6 Yeas; 0 Nays.
439
City Council Minutes
June 22, 1995
Page 440
(27.) Consider Ordinance 99814 amending Chapter 18 of the Code
of Ordinances with regard to juvenile curfew procedures and
terminology.
ORDINANCE 49814
AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO SUB -
MINORS' CURFEW BY AMENDING THE POLICE PROCEDURES CONTAINED
THEREIN TO REFLECT CHANGES IN STATE LAW CHANGING THE TERM
"SUB -MINOR" TO "JUVENILE"; CHANGING THE TERM "SUB -MINOR" TO
"JUVENILE"; PROVIDING FOR A PERIODIC REVIEW; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
John Ross, City Attorney, presented staff comments. This
amendment updates Lubbock's curfew ordinance to be in
compliance with the newly enacted changes in state law (HB 327)
which authorize and define procedures for juvenile curfews and
juvenile curfew processing offices. These amendments do not
significantly change the nature or the enforcement of the existing
ordinance beyond correcting terminology and more clearly
defining, per state law, the procedures and requirements for
operating a juvenile curfew processing office. Also included in the
amendment is a requirement for the City to hold a public hearing
on the effectiveness of the curfew and enforcement efforts every
three years, which is required in the State Local Government Code.
The Police Department and the City Attorney recommended
passage of this amendment in order to bring our ordinance into
compliance with state law. Passage of this amendment would
allow the full implementation of the City's Aggressive Curfew
Enforcement Program (ACE) including the operation of a juvenile
curfew processing office.
Motion was made by Councilmember Cooke, seconded by
Councilmember Sitton to pass on first reading Ordinance #9814 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(28.) Consider Ordinance #9815 authorizing the issuance of
$13,505,000 "City of Lubbock, Texas, Electric Light and Power
System Revenue Refunding Bonds, Series 1995 "
ORDINANCE #9815
AN ORDINANCE AUTHORIZING THE ISSUANCE OF $13,505,00 "CITY OF
LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE
REFUNDING BONDS, SERIES 1995"; PRESCRIBING THE FORMS, TERMS, AND
PROVISIONS OF SAID BONDS; PLEDGING THE NET REVENUES OF THE
CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE
PRINICIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS
INCIDENT AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY, SALE
AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND
DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO, THE
APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT, THE APPROVAL
City Council Minutes
June 22, 1995
Page 441
OF A PURCHASE CONTRACT, THE APPROVAL OF A SPECIAL ESCROW
AGREEMENT, EXERCISING THE CITY'S RIGHT TO OPTIONALLY REDEEM ITS
OUTSTANDING SERIES 1976, SERIES 1987, AND SERIES 1988 ELECTRIC LIGHT
AND POWER SYSTEM REVENUE BONDS, AND PROVIDING AN EFFECTIVE
DATE.
Mark Hindman, Director of Support Services, Joe Smith and Mark
_ Westergard, Bond Counsel from Fulbright & Jaworski, presented
comments. Of the $28,029,964.55 current principal outstanding of
Electric Light and Power System Revenue Bonds, $12,440,000 has
been identified as favorable for debt service savings in an advance
refunding.
Specific series identified include:
Principal Series Current Interest Rate
$440,000 Series 1976 6.25%
3,500,000 Series 1987 7.0% and 8.0%
8,500,000 Series 1988 7.0%%
$12,440,000 Total
This issue is a negotiated sale. Prudential Securities Incorporated
is acting as lead underwriter, and Athena Capital Corporation and
Estrada Hinojosa & Company are acting as underwriters.
First Southwest Company's financial advisors for the City of
Lubbock project a current market interest rate of 5.33 percent. A
principal amount of $13,505,000 is necessary to make the required
deposit of $13,184,735.25 to the escrow account to refund the debt
on the call date and to pay all costs related to issuance. The
average annual cash savings on debt service is $61,500.
Issuing bonds to advance refund specific LP&L Revenue Bonds
would result in an annual debt service savings. As it is in the best
financial interest of the organization, staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance #9815 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(28A,) Consider Resolution #4881 requesting and consenting to the
issuance of "Brazos River Authority Special Facilities (Lake
Alan Henry) Revenue Refunding Bonds, Series 1995."
RESOLUTION #4881
WHEREAS, the Brazos River Authority (the "Authority") is seeking the consent
of the City of Lubbock, Texas (the "City"), under the terms of that certain Water Supply
Agreement by and between the City and the Authority (the "Contract"), relating to Lake
Alan Henry (the "System"), to issue refunding bonds (the "Bonds"), to refund the
outstanding bonds of the Authority's Special Facilities (Lake Alan Henry) Revenue
Bonds, Series 1989 and 1991 (the "Refunded Bonds"), in the aggregate principal amount
of $58,170,000, pursuant to the Contract; and
WHEREAS, the Bonds will be issued in an amount sufficient to (i) provide for the
costs of refunding the Refunded Bonds and (ii) pay the costs of issuance of the Bonds;
and
441
City Council Minutes
June 22, 1995
Page 442
WHEREAS, the governing body of the City deems it to be appropriate and in the
best interests of the City to give its consent to the issuance of such Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK, TEXAS:
Section 1: That the recitals set forth in the preamble hereof and incorporated
herein and shall have the same force and effect as if set forth in this Section.
Section 2: That the City Council of the City hereby requests the Authority to issue
and gives it consent to the issuance of the Bonds, and the sale thereof by negotiated sale
to the underwriters designated in the Bond Purchase Agreement, dated June 6, 1995,
between the Authority and said underwriters, rather than competitive sale, pursuant to the
provisions of the contract.
Section 3: That the City Manager, an Assistant City Manager or the Director of
Finance are hereby authorized and directed to execute a certificate on behalf of the City to
the effect that there has not been any material adverse change in the financial condition of
the City, other than as described in the Official Statement, since September 30, 1994, the
latest date as of which audited financial information of the City is available.
Section 4: That a certified copy of this resolution shall immediately be delivered
to the Authority following the adoption thereof.
Passed by the City Council on the 22nd day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
Mark Hindman, Director of Support Services, presented staff
comments. The bonds to be refunded are from Series 1989 and
1991. The issue will be approximately $58 million.
Staff received notification from financial advisors for the Brazos
River Authority that the refunding is being finalized. Annual
savings to the budget average approximately $270,000 per year.
The net present value coming back to the City converts to $3.7
million. Percentage of savings of the refunded principal is 6.8
percent. The savings quoted is after the costs of issuance.
Staff requests approval of this resolution to finalize the bond sale
and capitalize on the savings.
Motion was made by Councilmember Ince, seconded by
Councilmember Sitton to authorize Resolution #4881 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(29.) Consider an ordinance amending Chapter 27 of the Code of
Ordinances pertaining to vehicles for hire
This item was deleted from the agenda.
442
City Council Minutes
June 22, 1995
Page 443
(18.) ZONE CASE NO.2651-A (north of 57th Street and west of
Frankford)--Hold a public hearing to consider request of
Henry Huneke (for H. A. Sessions) for a zoning change from
IDP to IDP Specific Use for mini -warehouses on a tract out of
Section 36, Block AK, and to consider ordinance.
ORDINANCE 99816
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2651-A; A ZONING CHANGE FROM IDP TO IDP
SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON A TRACT OUT OF
SECTION 36, BLOCK AK, LUBBOCK, TEXAS: PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:37 a.m.
Henry Huneke appeared on behalf of H. A. Sessions to present this
request for zone change from IDP to IDP Specific Use.
No one appeared in opposition. Mayor Langston closed the hearing
at 10:40 a.m.
Randy Henson, Senior Planner, presented staff comments. Mini -
warehouse development is not in the list of permitted uses. The
staff recommended that the case be filed as IDP Specific Use
versus C-4 or M-1 Specific Use. Specific Use requests in all
zoning districts except R-1 are tied to a site plan presented during
the hearings.
Mr. Henson gave the adjacent land use relationships as follows:
North - IDP, vacant
South - strip commercial
East - mini -warehouse
West - city park, undeveloped
The request, properly designed, is consistent with both
Comprehensive Land Use Plan and zoning policy.
The proposed layout and materials meet the basic guidelines of the
zoning code. The Planning Commission eliminated a block of
property not illustrated as part of the project. That portion of the
property will remain zoned IDP.
The staff supported the recommendation of the Planning & Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance #9816
as recommended by P&Z and City staff. Motion carried: 6 Yeas;
0 Nays.
443
City Council Minutes
June 22, 1995
Page 444
(19.) ZONE CASE NO.2193-A (south of 82nd Street and east of
University) --Hold a public hearing to consider request of Hugo
Reed and Associates (for Postar Rentals) for a zoning change
from A-1 and R-1 to C-3 (for a shopping center) and C-4
Specific Use for mini -warehouses on tracts out of Section 9,
Block E, and to consider ordinance
ORDINANCE #9817
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2193-A; A ZONING CHANGE FROM A-1 AND R-1
TO C-3 AND C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON TRACTS
OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:41 a.m.
Bernie Gradel appeared on behalf of Postar Rentals for zone
change from A-1 and R-1 to C-3 and C-4 Specific Use. Stanley
Aldredge and Steve Synck appeared to voice their concerns about
live bands being allowed to rent warehouse space in which to
practice and the color scheme for the fencing.
No one appeared in opposition. Mayor Langston closed the hearing
at 10:50 a.m.
Randy Henson, Senior Planner, presented staff comments. This
case requests change of an A-1 (apartment tract) and R-1 area to
accommodate a mini -warehouse storage facility behind a
commercial strip center on 82nd Street. Mr. Henson gave the
adjacent land use relationships as follows:
North - commercial
South - zoned R1 - occupied by a non -conforming lumber
yard
East - zoned A-1, built as town and garden homes
West - commercial
The request is consistent with the principles of the Comprehensive
Land Use Plan. The Plan indicates commercial for this parcel with
the A-1 strip along Avenue X as a buffer. Since the developer
chose to construct town and garden homes in the A-1, which are
permitted uses, the row of increased density single family
residences continues to meet the definition of "buffer."
The proposed mini -warehouse portion is entirely enclosed as a
compound with ten -foot metal walls/fences and is substantially
shielded from both 82nd Street and University Avenue by existing _
or proposed commercial. After the adjacent commercial is
complete, the project will be behind the development along 82nd
Street or University Avenue. The project should have little effect
on traffic.
City Council Minutes
June 22, 1995
Page 445
Neighborhood comments expressed at the Planning and Zoning
meeting were related to the proposed levels of lighting at both
projects. The warehouse area will be lit with lamps at roof level
down into the compound.
The Planning Commission approved the request with a site plan for
the mini -warehouse portion and the following conditions:
A site plan, including building elevations showing
materials, color and texture, and a detailed landscape and
irrigation plan, shall be submitted to the Planning and
Zoning Commission for approval prior to the issuance of a
building permit for the property zoned C-3.
The staff supports the recommendation of the Planning & Zoning
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance #9817 with
conditions as recommended by P&Z and City staff, with the added
condition that no live bands be allowed to practice and no car
restorations be allowed to take place in the mini -warehouses.
Motion carried: 6 Yeas; 0 Nays.
(20.) ZONE CASE NO 1784-B (southeast corner of 51h Street and
Vicksburg Avenue) --Hold a public hearing to consider request
of Mike Long(for American State Bank) for a zoning change
from R 1 to AM Specific Use (for parking) on a portion of Lots
17 and 18, Block 14, Westover Heights Addition, and to
consider ordinance.
ORDINANCE #9818
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1784-B; A ZONING CHANGE FROM R-1 TO AM
SPECIFIC USE ZONING FOR PARKING ON A PORTION OF LOTS 17 AND 18,
BLOCK 14, WESTOVER HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston recused and excused himself from voting and
discussion on this item. Councilmember Ince presided and opened
the public hearing at 11:02 a.m.
Mike Long appeared on behalf of American State Bank to present
this request for zone change from R-1 to AM Specific Use.
No one appeared in opposition. Councilmember Ince closed the
hearing at 11:06 a.m.
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City Council Minutes
June 22, 1995
Page 446
Randy Henson, Senior Planner, presented staff comments. As an
extension of a previously approved Specific Use request, this
proposal will provide an employee parking lot at the south end of
the bank. Mr. Henson gave the adjacent land use relationships as
follows:
North - proposed bank
South - residential
East - residential
West - apartments
The proposed use is parking only. The adjacent residential will be
buffered by a brick fence on the east and a brick pier with cedar
insert fence on the south extending 15 feet north on Vicksburg
Avenue. A significant amount of landscaping is also being
proposed.
The staff supports the recommendation of the Planning & Zoning
Commission.
Motion was made by Councilmember Sitton, seconded by
Councilmember Patterson to pass on first reading Ordinance #9818
as recommended by P&Z and City staff. Motion carried: 4 Yeas;
0 Nays --Mayor Langston recused and excused himself from voting
and discussion on this item. Councilmember Cooke was absent
from the Chambers.
Mayor Langston presided over the remainder of the meeting.
(21.) ZONE CASE NO 2658-B (southeast corner of 50th Street and
Gary Avenue) --Hold a public hearing to consider request of
C.A.P. II (for Walgreens Stores, Inc) for a zoning change from
C-3 to C-2 Specific Use for a drug store on a portion of Tract
A, Monterey Center Addition, and to consider ordinance
ORDINANCE #9819
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2658-13; A ZONING CHANGE FROM C-3 TO C-2
SPECIFIC USE ZONING FOR A DRUG STORE ON A PORTION OF TRACT A,
MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:08 a.m.
Bernie Gradel and Rick Sanchez appeared on behalf of Walgreens
Stores, Inc., to present this request for zone change from C-3 to
C-2 Specific Use.
No one appeared in opposition. Mayor Langston closed the hearing
at 11:14 a.m.
Randy Henson, Senior Planner, presented staff comments. The
previous Monterey Center parcel is currently zoned tied to a site
plan. For any design of commercial structures other than that of
the now defunct shopping center project, a change of zoning is
required.
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City Council Minutes
June 22, 1995
Page 447
The Planning staff suggested Specific Use for Walgreens to delete
several required parking spaces on the parcel that will allow
salvaging some of the existing mature trees along 50th Street and
to accommodate a corner sign that would otherwise require a
separate variance request to the Zoning Board of Adjustment,
because Gary Avenue is not a thoroughfare. Mr. Henson gave the
adjacent land use relationships as follows:
North - commercial
South - commercial
East - commercial
West - commercial
The request meets both Comprehensive Land Use Plan and zoning
policy. Eight parking spaces are deleted to accommodate a five
foot increased setback of the structure and a wider landscape strip
along 50th Street. The sign is a code size with the relief being a
corner location in a large landscape area. The project will have
little effect on the thoroughfare system.
The Planning staff supports the recommendation of the Planning &
Zoning Commission.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to pass on first reading Ordinance #9819
as recommended by P&Z and City staff. Motion carried: 5 Yeas;
0 Nays--Councilmember Cooke was absent from the Chambers.
(22.) ZONE CASE NO 2757 (2301 15th Street) --Hold a public
hearing to consider request of Greg Collier for a zoning change
from R-2 to AM Specific Use for an office and duplex on Lot 1,
Block 81, Overton Addition, and to consider ordinance.
ORDINANCE #9820
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2757; A ZONING CHANGE FROM R-2 TO AM
SPECIFIC USE ZONING FOR AN OFFICE AND DUPLEX ON LOT 1, BLOCK 81,
OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:16 a.m.
Greg Collier appeared to present this request for zone change from
R-2 to AM Specific Use.
No one appeared in opposition. Mayor Langston closed the hearing
at 11:18 a.m.
Randy Henson, Senior Planner, presented staff comments. Mr.
Greg Collier has expressed the desire to use an abandoned grocery
store that was in place prior to the adoption of zoning in 1941 for
an office related to his real estate rental business. In addition, he
wishes to replace an older home on the rear of the lot with a
duplex. To accommodate both, the staff recommended AM
Specific Use. Mr. Henson gave the adjacent land use relationships
as follows:
447
City Council Minutes
June 22, 1995
Page 448
North - residential
South - residential
East - residential
West - residential
Tied to the site plan, the renovation of the current structure, the
new duplex and the six on -site parking spaces will be an asset to
the area. The project should not cause any traffic problems.
Representatives of both neighborhood groups in Overton South
expressed support for the project.
The Planning staff supports the recommendation of the Planning &
Zoning Commission.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass on first reading Ordinance #9820
as recommended by P&Z and City staff. Motion carried: 6 Yeas;
0 Nays.
(23.) ZONE CASE NO. 1864-D (southeast corner of 34th Street and
Milwaukee Avenue) --Hold a public hearing to consider request
of Ken Flagg (for Sonny Arnold) for a zoning change from C-2
to C-4 for office warehouse) on Tracts E-1, F, G, H and J�
Park Lorraine Addition, and to consider ordinance
ORDINANCE #9821
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1864-1); A ZONING CHANGE FROM C-2 TO C-4
ZONING ON TRACTS E-1, F, G, H AND J, PARK LORRAINE ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:24 a.m.
Ken Flagg appeared on behalf of Sonny Arnold to present this
request for zone change from C-2 to C-4.
No one appeared in opposition. Mayor Langston closed the hearing
at 11:31 a.m.
Randy Henson, Senior Planner, presented staff comments. Mr.
Henson gave the adjacent land use relationships as follows:
North - zoned C-1
South - single family
East - A-2, partially developed as a church
West - vacant "T" zoning
EM
City Council Minutes
June 22, 1995
Page 449
The Comprehensive Land Use Plan suggests that C-4 or heavy
commercial should be located on regional or state highways.
Neither 34th Street nor Milwaukee Avenue fits this description.
The proponent prepared a detailed site plan and conditions that
offer an increased setback from the residential to the south, brick
exterior walls on the building facades adjacent to streets, and a
strike list of the heavier permitted uses that cause most of the
concern in C-4. The site plan also deletes a normally required
screening fence on La Salle Avenue because a portion of the
project will have a business front on that street.
The project is well within acceptable development guidelines. The
project will have little negative impact on traffic in the area.
The Planning Commission approved the request with the following
condition:
Tied to the proposed site plan for front and rear setbacks,
landscape areas, building materials description, and the
screening fence on the south side. The actual building sizes
and locations are flexible within the 43 foot front and 30
foot rear setback lines.
The C-4 zoning shall prohibit the following C-4 uses:
Ambulance service
Billboards
Boat and boat trailers sales and service
Bus station
Commercial private clubs and teenage clubs
Dance hall
Game room, pool, billiard and/or domino
parlor
Golf driving range
Hotel and motel
Hot tamale plant
Mobile home sales
Monument sales
Nightclub, bar or lounge
Secondhand goods store or pawnshop
Secondhand or used car sales lot
Rental store
Swimming pool, commercial or sales
The two central buildings may be developed as a mini -
warehouse complex or as the other office/warehouse
structures.
The Planning staff supports the recommendation of the Planning &
Zoning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Sitton to pass on first reading Ordinance #9821
with conditions as recommended by P&Z and City staff. Motion
carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent
from the Chambers.
City Council Minutes
June 22, 1995
Page 450
(24.) ZONE CASE NO.2296-D (northwest corner of 81st Street and
University Avenue) --Hold a public hearing to consider request
of David Fleming (for Rod Warren) for a zoning change from
C-2 and R-2 to C-4 Specific Use for a drive -through restaurant
on Lots 57-60, Gatewood Addition, and to consider ordinance.
ORDINANCE #9822
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2296-D; A ZONING CHANGE FROM C-2 AND R-2
TO C-4 SPECIFIC USE ZONING FOR A DRIVE -THROUGH RESTAURANT ON
LOTS 57-60, GATEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 11:35 a.m.
David Fleming appeared on behalf of Rod Warren to present this
request for zone change from C-2 and R-2 to C-4 Specific Use.
No one appeared in opposition. Mayor Langston closed the hearing
at 11:3 8 a.m.
Randy Henson, Senior Planner, presented staff comments. The
proposal is a drive-in restaurant with no indoor seating. Mr.
Henson gave the adjacent land use relationships as follows:
North - across an alley - half C-2 and half R-1, all 4
lots are vacant
South - commercial
East - commercial, vacant
West - R-2, undeveloped
The request is routine for both Comprehensive Land Use and
zoning policy with the exception of the depth from University
Avenue. To the north, most of the development or zoning for
commercial is two lots deep from University Avenue. The block
to the south is already zoned commercial.
The proposed use should not have a significant effect on traffic in
the area.
As approved, the proposed site plan was amended to include an
eight foot masonry fence on the west (with a step down to 81 st
Street) and along the north property line of the west two lots with a
step down toward University Avenue.
The Planning staff supports the recommendation of the Planning &
Zoning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on first reading Ordinance #9822 as
recommended by P&Z and City staff. Motion carried: 6 Yeas; 0
Nays.
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City Council Minutes
June 22, 1995
Page 451
(25.) ZONE CASE NO.2444-A (northeast corner of Frankford
Avenue and proposed 55th Street) --Hold a Public hearing to
consider request of Kimley-Horn and Associates (for Horne
Properties) for a zoning change from C-4 to C-4 Specific Use
for a building/home supply center with a garden center on a
portion of Section 28, Block E-2 and to consider ordinance.
ORDINANCE 49823
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2444-A; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE ZONING FOR A BUILDING/HOME SUPPLY CENTER WITH A
GARDEN CENTER ON A PORTION OF SECTION 28, BLOCK E-2, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:43 a.m.
Kevin Gaskey appeared on behalf of Horne Properties to present
this request for zone change from C-4 to C-4 Specific Use.
No one appeared in opposition. Mayor Langston closed the hearing
at 11:53 a.m.
Randy Henson, Senior Planner, presented staff comments. The
request is filed to accommodate three items not allowed by the
existing zoning — C-4 with IDP development standards. The 3
items are as follows:
Provide an outdoor garden center screened with black
dipped chain link fence on the east side (Loop 289). The
proposed garden center does not meet the Code definition
for being enclosed within the structure. The Specific Use
Permit will allow this flexibility. The south facade of the
garden center toward the main parking lot and front of the
structure has the looks of being part of the main structure.
Permit an outdoor storage area at the northeast corner that
is completely screened from view by an 18 foot chain link
fence with vinyl slats.
Provide a ten -foot setback for the structure from Frankford
Avenue.
Mr. Henson gave the adjacent land use relationships as follows:
North - C-4, vacant
South - M-1
East - Loop 289
West - IDP
The request is consistent with Comprehensive Land Use Plan and
zoning policies. Frankford Avenue and 50th Street will eventually
be functioning elements of the thoroughfare system, and the
property has a service road of Loop 289 on the east. Although the
facility will generate a substantial amount of traffic, the adjacent
streets will easily handle the traffic.
451
City Council Minutes
June 22, 1995
Page 452
Because of drainage considerations the structure is oriented
east/west, with the front to the south. The site plan indicates an
extension of a chain link fence with vinyl slats on the north face to
shield the truck well.
The Planning staff supports the recommendation of the Planning &
Zoning Commission.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to pass on first reading Ordinance #9823
as recommended by P&Z and City staff, with the condition that
questions on the part of the proponent regarding outside displays
would be clarified prior to second reading. Motion carried: 6
Yeas; 0 Nays.
Council recessed into executive session at 11:55 a.m.
(33.) Confirm reappointment of Cyril Reasoner and Duane
McQueen to the Building Board of Appeals
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to reappoint Cyril Reasoner and Duane
McQueen to the Building Board of Appeals. Motion carried: 6
Yeas; 0 Nays.
(34.) Confirm appointment of Wilma Wright to the Committee for
Women.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Wilma Wright to the
Committee for Women. Motion carried: 6 Yeas; 0 Nays.
(35.) Confirm appointment of Edwin Scott, Jr., Todd McKee, R.C.
Douglas and John Kimbley to the Community Development
Advisory Committee
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Edwin Scott, Jr., Todd
McKee, R. C. Douglas and John Kimbley to the Community
Development Advisory Committee. Motion carried: 6 Yeas; 0
Nays.
(36.) Confirm appointment of Terrie Espino to the Community
Services Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Terrie Espino to the
Community Services Commission. Motion carried: 6 Yeas; 0
Nays.
(37•) Confirm appointment of Doyle Berry and Kristie Denton to the _
Drainage Criteria Advisory Committee
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Doyle Berry and Kristie
Denton to the Drainage Criteria Advisory Committee. Motion
carried: 6 Yeas; 0 Nays.
452
City Council Minutes
June 22, 1995
Page 453
(38.) Confirm reappointment of Judi Blakey, Elwood Keeney, Jr.,
and John Zwiacher to the Electric Utility Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to reappoint Judi Blakey, Elwood
Kenney, Jr., and John Zwiacher to the Electric Utility Board.
Motion carried: 6 Yeas; 0 Nays.
(39.) Confirm appointment of Judith Hogg to the Lubbock
Libraries Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Judith Hogg to the Lubbock
Libraries Board. Motion carried: 6 Yeas; 0 Nays.
(40.) Confirm reappointment of Sherry Hurst to the Lubbock Public
Transit Advisory Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to reappoint Sherry Hurst to the
Lubbock Public Transit Advisory Board. Motion carried: 6 Yeas;
0 Nays.
(41.) Confirm appointment of Jerry Posey to the Neighborhood
Certification Committee.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Jerry Posey to the
Neighborhood Certification Committee. Motion carried: 6 Yeas; 0
Nays.
(42.) Confirm appointment of Ric Shannon to the Park and
Recreation Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Ric Shannon to the Park and
Recreation Board. Motion carried: 6 Yeas; 0 Nays.
(43.) Confirm appointment of Ray Irvin to the Permit and License
Anneal Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Ray Irvin to the Permit and
License Appeal Board. Motion carried: 6 Yeas; 0 Nays.
(30.) Hold an executive session, in accordance with V.T.C.A.
Government Code Section 551.074(a)((1) to discuss Personnel
matters City Manager and City Secretary).
(31.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551 071()(A), to discuss pending or
contemplated litigation (Planning and Water Utilities).
(32.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.072, to discuss purchase,
exchange lease or value of real property (Culture & Leisure
Services).
453
City Council Minutes
June 22, 1995
Page 454
(32A.) 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:
Lubbock Power and Light Review Committee
There being no further business to come before Council, motion was made by
Councilmember Patterson, seconded by Cou ' ember Cooke to adjourn the meeting at
1:31 p.m. Motion carried: 4 Yeas; 0 Nay -Counci ember Hernandez and
Councilmember Sitton were absent from ambers.
ATTEST:
g4::� a nr�� -
Betty k"JohnsolY, City Secretary
Read and approved this the 13th day of
ATTEST:
&jj'- ��c' -
Betty M. Johnson, ity Secretary
rj
DAVID R: LANGSTONIMAYOR
454