HomeMy WebLinkAboutMinutes - City Council - Regular - 11/9/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
November 9, 1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 9th
day of November 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, Mayor Pro Tem Randy Neugebauer,
Councilmember Victor Hernandez, Councilmember T. J. Patterson,
Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex
Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary
Betty M. Johnson.
Mayor Langston called the meeting to order at 10:35 A.M.
( 1.) The Invocation was given by Cliff Wright, Jr., Pastor of First
United Methodist Church.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
(3.) Board Appointments.
(4.) Margie Jefferson appeared to recognize Councilmember T.J.
Patterson for his work with the neighborhoods and gangs in
the community.
Ms. Jefferson recognized Councilmember Patterson for his work
with the marches against drug use and gang violence in East
Lubbock. Councilmember Patterson has been instrumental in
organizing several marches against these detrimental factors in our
community. His hands-on approach has been well received by the
community and the Police Department.
( 5.) Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve the minutes of the
October 19, 1995, Regular City Council Meeting as written.
Motion carried: 7 Yeas; 0 Nays.
City Council Meeting
November 9, 1995
Page 748
(6.) ORDINANCE #9848--Amending Chapter 12, Article IX.,
Smoking in Public Places.
ORDINANCE #9848
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PUBLIC
HEALTH BY AMENDING ARTICLE IX WITH REGARD TO DEFINITIONS; WITH
REGARD TO THE PENALTY FOR VIOLATION; WITH REGARD TO
ENFORCEMENT RESPONSIBILITY; WITH REGARD TO PROHIBITING
SMOKING IN GOVERNMENT BUILDINGS; WITH REGARD TO SIGNAGE
REQUIRED WHEN SMOKING IS PERMITTED; WITH REGARD TO POSSESSION
OF TOBACCO BY MINORS; WITH REGARD TO SELF-SERVICE
MERCHANDISING OF TOBACCO PRODUCTS FOR SALE; WITH REGARD TO
DISTRIBUTION OF FREE SAMPLE TOBACCO PRODUCTS TO MINORS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on second and final reading
Ordinance #9848. Prior to the vote on the original motion, motion
was made Mayor Pro Tem Neugebauer, seconded by
Councilmember Sitton to amend the original motion to add Section
12-248 regarding signage requirements. Motion to amend carried:
6 Yeas; 1 Nay--Councilmember Ince.
Motion was made by Councilmember Sitton, seconded by Mayor
Pro Tem Neugebauer to amend the original motion to add a section
declaring all municipal buildings as smoke -free environments, with
the exception of the lounge area at Lubbock International Airport.
Motion to amend failed: 3 Yeas; 4 Nays--Councilmember
Hernandez, Councilmember Ince, Councilmember Patterson and
Councilmember Cooke.
Original motion with one amendment carried: 7 Yeas; 0 Nays.
(7.) Consider Resolution #5002 authorizing the Mayor to execute
an agreement with Parkhill Smith & Cooper for professional
engineering services in association with amending and
submitting an application to the FAA for passenger facility
charges.
RESOLUTION 45002
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 Parkhill, Smith & Cooper, Inc., for professional
engineering services necessary to assist the City to amend its Passenger Facility Charge
application, 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
November 9, 1995
Page 749
Passed by the City Council this 9th day of November 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 N. Earle
Mark N. Earle, Aviation Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Agreement by and between the City of Lubbock and Parkhill, Smith &
Cooper, Inc., is filed with Resolution No. 5002.
According to staff memo, passenger Facility Charges (PFC's) were
authorized by Congress in 1990 to provide airports with capital
project funding to preserve and enhance the safety, capacity, and
security of the national air transportation system. These charges
are imposed on a per passenger ticket basis and can range from
$1.00 - $3.00, depending on the length of collection needed to raise
the funds required for the projects.
In 1993 the City of Lubbock received approval of its application to
impose PFC's at Lubbock International Airport. The projects
included in that application chosen for implementation are the air
cargo ramp and taxiway, airfield pavement and signage
improvements, emergency access roads, security access control
and fencing improvements, a sweeper for the air carrier ramp, fire
rescue vehicles, and land acquisition. These projects have been
completed or are in the final stages of completion. It is now
necessary to amend the original application to revise the project list
and to adjust the amounts of the active and completed projects
based on actual project costs.
It is also necessary to submit another original application for
eligible projects scheduled in the next 4-5 years as derived from
the Airport Master Plan previously approved by the Council.
Projects for the new application include the terminal graphics and
signage project, extension of the east -west air carrier runway,
reconstruction of the north -south air carrier runway, improvement
to the terminal entrance roadway and street in front of the terminal,
and installation of an elevator in the terminal lobby to assist
persons with disabilities.
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City Council Meeting
November 9, 1995
Page 750
The FAA has recommended that a consulting engineer be retained
to assist with the application process due to its extensive technical
requirements. Parkhill Smith & Cooper successfully completed the
City's first PFC application and has extensive experience in the
FAA process. The proposed agreement for the PFC amendment
and application is for a lump sum fee of $14,940.00. This amount
is eligible for recovery from the PFC's imposed and will be
included in the application.
Staff recommended that the agreement with Parkhill Smith &
Cooper be approved.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution 45002 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
( 8.) Consider Resolution 95003 accepting paving improvements
constructed by Zahn Paving, Inc., in Renaissance Park
Addition, Lots 1-42.
RESOLUTION #5003
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS, AVENUES AND ALLEYS 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 1-42,
Renaissance Park Addition, made arrangements with Zahn Paving, Inc. for the
construction of paving improvements on certain streets, avenues and alleys 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 streets,
avenues and alleys:
5th Street from the West lip line of Toledo Avenue to the elbow cul-de-
sac at Vale Avenue, known and designated as New Subdivision Sub -Unit
Number 78 of Unit Number 2036.
Topeka Avenue from the North lip line of 5th Street to the cul-de-sac
South of 4th Street, known and designated as New Subdivision Sub -Unit
Number 79 of Unit Number 2036.
Troy Avenue from the North lip line of 5th Street to the cul-de-sac South
of 4th Street, known and designated as New Subdivision Sub -Unit
Number 80 of Unit Number 2036.
Utica Drive from the North lip line of 5th Street to the cul-de-sac South
of 4th Street, known and designated as New Subdivision Sub -Unit
Number 81 of Unit Number 2036.
Vale Avenue from the South lip line of 4th Street to the elbow cul-de-sac
at 5th Street, known and designated as New Subdivision Sub -Unit
Number 82 of Unit Number 2036.
The East-West alley located between 5th Street and 6th Street from
Toledo Avenue to Vicksburg Avenue, known and designated as Alley
Paving Sub -Unit Number 45 of Unit Number A-461.
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City Council Meeting
November 9, 1995
Page 751
The North -South alley located between Topeka Avenue and Toledo
Avenue from 4th Street to 5th Street, known and designated as Alley
Paving Sub -Unit Number 46 of Unit Number A-461.
The North -South alley located between Troy Avenue and Topeka
Avenue from 4th Street to 5th Street, known and designated as Alley
Paving Sub -Unit Number 47 of Unit Number A-461.
The North -South alley located between Utica Drive and Troy Avenue
from 4th Street to 5th Street, known and designated as Alley Paving
Sub -Unit Number 48 of Unit Number A-461.
The North -South alley located between Vale Avenue and Utica Drive
from 4th Street to 5th Street, known and designated as Alley Paving
Sub -Unit Number 49 of Unit Number A-461.
WHEREAS, the construction of the above improvements on the above -
mentioned streets, avenues and alleys 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
streets, avenues and alleys BE and the same are hereby accepted and the City Engineer
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 9th day of November 1995.
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
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
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City Council Meeting
November 9, 1995
Page 752
According to staff memo, this is a routine acceptance of paving
improvements required at the time of platting this new subdivision.
These improvements consist of street and alley paving and curb
and gutter on the following:
5th Street from Toledo Avenue to the cul-de-sac at Vale
Avenue
Topeka Avenue from 5th Street to the cul-de-sac south of
4th Street
Troy Avenue from 5th Street to the cul-de-sac south of 4th
Street
Utica Drive from 5th Street to the cul-de-sac south of 4th
Street
Vale Avenue from 4th Street to the cul-de-sac at 5th Street
The east -west alley between 5th Street and 6th Street from
Toledo Avenue to Vicksburg Avenue
The north -south alley between Topeka Avenue and Toledo
Avenue from 4th Street and 5th Street
The north -south alley between Troy Avenue and Topeka
Avenue from 4th Street to 5th Street
The north -south alley between Utica Drive and Troy
Avenue from 4th Street to 5th Street
The north -south alley between Vale Avenue and Utica
Drive from 4th Street to 5th Street
There is no City cost due to the contractor upon this acceptance.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5003 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
( 9,) Consider Resolution #5004 accenting paving improvements
constructed by Williams and Peters Construction Company,
Inc, in Westchester Park Addition Lots 139-194.
RESOLUTION #5004
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES 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 139-194,
Westchester Park Addition, made arrangements with William & Peters Construction
Company, Inc. for the construction of paving improvements on certain streets and
avenues 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 streets and avenues:
752
City Council Meeting
November 9, 1995
Page 753
7th Street from the East lip line of Justice Avenue to the East end of the
alley return East of Justice Avenue, known and designated as New
Subdivision Sub -Unit Number 04 of Unit Number 2037.
8th Street from the East lip line of Milwaukee Avenue to the West lip
line of Justice Avenue, known and designated as New Subdivision Sub -
Unit Number 05 of Unit Number 2037.
Justice Avenue from the North end of the alley return South of 8th Street
to the North end of radius of Street stub North of 7th Street, known and
designated as New Subdivision Sub -Unit Number 06 of Unit Number
2037.
Kline Avenue from the North lip line of 8th Street to the North end of
the alley return North of 8th Street, known and designated as New
Subdivision Sub -Unit Number 07 of Unit Number 2037.
Kline Avenue from the North end of the alley return South of 8th Street
to the South lip line of 8th Street, known and designated as New
Subdivision Sub -Unit Number 08 of Unit Number 2037.
East half of Milwaukee Avenue from the North end of the alley return
South of 8th Street to the North end of the alley return North of 8th
Street, known and designated as New Subdivision Sub -Unit Number 09
of Unit Number 2037.
WHEREAS, the construction of the above improvements on the above -
mentioned streets and avenues 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
streets and avenues BE and the same are hereby accepted and the City Engineer 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.
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City Council Meeting
November 9, 1995
Page 754
Passed by the City Council this 9th day of November 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 D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, 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 the following:
7th Street from Justice Avenue to the alley east of Justice
Avenue
8th Street from Milwaukee Avenue to Justice Avenue
Justice Avenue from the alley south of 8th Street to 7th
Street
Kline Avenue from the alley south of 8th Street to 8th
Street
Kline Avenue from 8th Street to the alley north of 8th
Street
East half of Milwaukee Avenue from the alley south of 8th
Street to the alley north of 8th Street (curb and gutter and
temporary paving only)
There is no City cost due to the contractor upon this acceptance.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5004 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Meeting
November 9, 1995
Page 755
(10.) Consider Ordinance 99849 abandoning and closing a Portion
of 98th Street in Section 16, Block E-2, Lubbock County, Texas
(4502 98th Street).
ORDINANCE #9849
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 98TH
STREET LOCATED IN SECTION 16, BLOCK E-2, 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.
According to staff memo, this ordinance abandons and closes a
.532 acre tract of land that was dedicated in 1984 by Hubert E.
Cone for construction of 98th Street. In 1994, Dr. Cone dedicated
a new portion of 98th Street that was needed for the realignment of
98th Street and Quaker Avenue as requested by the Texas
Department of Transportation. The State has now completed this
street widening project and this .532 acre tract is ready to be closed
and abandoned. Since Dr. Cone was the original dedicator, he will
not be charged for this right-of-way.
The Right -of -Way Department recommended the approval of this
ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9849 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(11.) Consider Ordinance #9850 abandoning and closing a Portion
of 98th Street in Sections 14 and 17, Block E-2, Lubbock
County, Texas (4302 98th Street).
ORDINANCE #9850
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 98TH
STREET LOCATED IN SECTIONS 14 AND 17, BLOCK E-2, 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.
According to staff memo, this ordinance abandons and closes a
1.030 acre tract of land that was dedicated in 1984, by H.A.
Sessions for construction of 98th Street. In 1994, Mr. Sessions
dedicated a new portion of 98th Street that was needed for the
_ realignment of 98th Street and Quaker Avenue as requested by the
Texas Department of Transportation. The State has now
completed this street widening project and this 1.030 acre tract is
ready to be closed and abandoned. Since Mr. Sessions was the
original dedicator, he will not be charged for this closed piece of
right-of-way.
755
City Council Meeting
November 9, 1995
Page 756
The Right -of -Way Department recommended the approval of the
first reading of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9850 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution #5005 authorizing the Mayor to execute a
private road crossing agreement with the Atchison, Topeka, &
Santa Fe Railway Company (502 N. I-27).
RESOLUTION #5005
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 a
private road crossing across railway property by and between the City of Lubbock and
the Atchison, Topeka & Santa Fe Railway Company to be constructed, owned,
operated and maintained by said City of Lubbock across said Railroad's right-of-way at
mile post 0 + 4992, 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 9th day of November 1995.
/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 Agreement by and between the City of Lubbock and the Atchison,
Topeka & Santa Fe Railway Company is filed with Resolution No. 5005.
According to staff memo, this private road crossing agreement
with Santa Fe Railway Company will allow the Street Department
to construct a road across Santa Fe's tracks east of I-27 and north
of Municipal Drive. This private road will connect the Municipal
Hill equipment storage area with the land purchased earlier this
year that is north of Municipal Hill. The cost of this agreement is
$150.00.
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City Council Meeting
November 9, 1995
Page 757
The Right -of -Way Department recommended the approval of this
private crossing agreement.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5005 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.) Consider Ordinance #9851 abandoning and closing a 20-foot
alley and a 10-foot utility easement located in the James
Subdivision (901 E. 52nd Street)
ORDINANCE #9851
AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY AND
A 10 FOOT UTILITY EASEMENT LOCATED IN JAMES SUBDIVISION 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.
According to staff memo, this ordinance abandons and closes a 20-
foot alley and a 10-foot by 67.5 foot utility easement located in
Block 17, James Subdivision. The areas being closed for replat
purposes are located north of East 52nd Street and east of Ivory
Avenue. A new street is to be dedicated to offset the areas being
closed; all utilities are in agreement.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9851 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14.) Consider Resolution 95006 authorizing the Mayor to execute a
corrected Quitclaim Deed in favor of the Urban Renewal
Agency of the City of Lubbock (2412 Globe).
RESOLUTION #5006
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 Correction Quitclaim
Deed in favor of The Urban Renewal Agency of the City of Lubbock, which Deed 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.
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City Council Meeting
November 9, 1995
Page 758
Passed by the City Council this 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Correction Quitclaim Deed in favor of the Urban Renewal Agency is
filed with Resolution No. 5006.
According to staff memo, on October 8, 1970, the City approved a
quitclaim deed to the Urban Renewal Agency for a portion of East
25th Street, west of Globe Avenue, that was officially closed
through Ordinance #5836. This original quitclaim deed omitted a
distance call which now reads "Thence east a distance of 140.00
feet to a point." The Community Development Department and
Urban Renewal Agency are requesting that this be done for title
purposes since they are going to sell the property.
The Right -of -Way Department recommended the approval of this
resolution and corrected quitclaim deed.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5006 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Consider Resolution #5007 authorizing the Mayor to execute
an alley -use license for an underground private sewer line with
Rainbo Baking Company (1950 Texas Avenue).
RESOLUTION #5007
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 Alley Use License in —
favor of Rainbo Baking Company, Inc., 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.
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City Council Meeting
November 9, 1995
Page 759
Passed by the City Council this 9th day of November 1995.
/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 Alley Use License in favor of Rainbo Baking Company, Inc., is filed
with Resolution No. 5007.
According to staff memo, this alley -use license is for a private
sewer line which will run from the Rainbo Baking Company
building at 1950 Texas Avenue westward across the alley to a
grease trap on Rainbo's property. The cost of this license is the
$50.00 minimum per year, or $250.00 for the first five-year term.
The length of term for this license is 20 years, payable every five
years. The $150 application fee has been paid and no utility
problems are seen.
The Right -of -Way Department recommended the approval of this
alley -use license.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5007 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(16.) Consider Ordinance #9852 abandoning and closing two utility
easements located in Tract "C", West Chase Addition (4301
South Loop 289).
ORDINANCE 49852
AN ORDINANCE ABANDONING AND CLOSING TWO UTILITY
EASEMENTS LOCATED IN TRACT "C", WEST CHASE 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.
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City Council Meeting
November 9, 1995
Page 760
According to staff memo, this ordinance abandons and closes two
10-foot utility easements located on the Wal-Mart property at
South Loop 289 and Quaker Avenue. These easements are being
closed for building purposes; two new easements will be dedicated
to replace these being closed. All utilities are in agreement.
The Right -of -Way Department recommended the approval of the
first reading of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9852 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(17.) Consider Ordinance #9853 abandoning and closing a ten -foot
electric line easement in Section 8, Block B. Lubbock County
Texas (4709 Avenue C).
ORDINANCE #9853
AN ORDINANCE ABANDONING AND CLOSING A TEN FOOT
ELECTRICAL UTILITY EASEMENT LOCATED IN SECTION 8, BLOCK B,
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.
According to staff memo, this ordinance abandons and closes a 10-
foot by I I5.75-foot electric line easement which was acquired for
LP&L. LP&L has relocated their line which was in this easement
southward and no longer needs this easement. Tracy Randolph
Nichols, the original grantor, is requesting that this easement be
closed.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance
49853 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(18.) Consider Resolution 45008 authorizing acknowledgment and
release by and between the City of Lubbock and NATGUN
Corporation to make an inspection and do certain repairs free
of charge on a water storage reservoir.
RESOLUTION #5008
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 acknowledgment and
release by and between the City of Lubbock and Natgun Corporation, to make an
inspection and do certain work or make certain repairs free of charge on a water
storage tank for the City of Lubbock, which acknowledgment and release is attached
hereto, which shall be spread upon the minutes of the Council and as spread upon the
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City Council Meeting
November 9, 1995
Page 761
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 9th day of November 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/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the acknowledgment and release by and between the City of Lubbock and
Natgun Corporation is filed with Resolution No. 5008.
According to staff memo, in 1975 NATGUN Corporation
constructed a five -million gallon ground storage reservoir at Pump
Station No. 9 located at Clovis Highway and Quaker Avenue.
During a recent inspection by Water Utilities employees, it was
determined that this reservoir was in need of some minor repair
work to bring this facility up to City standards. Because this
reservoir was a custom project, the staff contacted NATGUN for
information on proper repair materials and techniques. Upon
learning of the need for repair, NATGUN offered to make the
needed repairs at no cost to the City. Although NATGUN was
under no legal obligation to make these repairs, the offer was made
as part of that company's extended customer service program.
In exchange for NATGUN's offer to do this repair work without
cost to the City, the City of Lubbock must acknowledge that
NATGUN is not obligated to perform this work by any prior
contract or warranty and that no warranty or guarantee would be
granted in association with the repair work performed.
Staff recommended approval of this item.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5008 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
761
City Council Meeting
November 9, 1995
Page 762
(19.) Consider Resolution 95009 authorizing the Mayor to execute
an amendment to the contract with HDR Engineering for
renovation of the Water Treatment Plant.
RESOLUTION #5009
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to an
Agreement between the City of Lubbock and HDR Engineering, Inc., for additional
engineering services, 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 9th day of November 1995.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Director of Water Utilities
APPROVED AS TO FORM:
/s/ Clarence Walker
Clarence Walker, Assistant City Attorney
A copy of the Amendment to the Agreement by and between the City of Lubbock and
HDR Engineering, Inc., is filed with Resolution No. 5009.
According to staff memo, in December 1990 the City of Lubbock
engaged the services of HDR Engineering to do the planning and
design work on the $17 million project to expand and renovate
Lubbock's Water Treatment Plant. This contract was subsequently
amended to allow HDR to oversee the construction work on the
water treatment plant, as well as to provide the engineering
services for the repair of the terminal storage reservoir (a separate
project). The last contract amendment, which was approved by the
City Council in May 1994, authorized engineering services for
Project 7. This project included a number of miscellaneous items
not included in prior construction contracts and not included in the
prior contractual obligations of the engineers.
Operation of the plant over the prior sixteen months has revealed
other needs which the staff considers to be of higher priority than
some of the items included in Project 7. The most important of
these needs is replacement of the media and underdrain for the "A"
762
City Council Meeting
November 9, 1995
Page 763
filters. Other needed items include a drain for the alum
containment area, additional fencing around a meter vault, erosion
control, additional maintenance building paving, and additional
security cameras. The staff proposed to amend the HDR contract
to include the preparation of plans and specifications for the above -
mentioned items. Certain items which were previously included in
Project 7 and which staff now considers to be of lower priority will
be delayed until additional funding becomes available. This
amendment would add a total of $21,500 to the HDR Engineering
contract.
Staff recommended approval of this item.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5009 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(20.) Consider Resolution #5010 authorizing the Mayor to execute a
professional services agreement with BGR Architects and
Engineers for the Civic Center Renovation Project.
RESOLUTION #5010
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 BGR Architects -Engineers,
Inc., for the Lubbock Memorial Civic Center Renovations, 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 9th day of November 1995.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Carolyn Aliamus
Carolyn Aliamus, Managing Director of
Cultural and Leisure Services
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
763
City Council Meeting
November 9, 1995
Page 764
A copy of the Agreement by and between the City of Lubbock and BGR Architects -
Engineers, Inc., is filed with Resolution No. 5010.
According to staff memo, in April 1995 the City Council passed a
resolution reallocating the Hotel -Motel Occupancy Tax. The
redistribution included an allocation of two cents for the Civic
Center renovation project.
Requests for proposals were solicited from qualified firms
interested in developing recommendations, plans and specifications
for this renovation project. The City received written proposals
from seven firms. These proposals were reviewed and evaluated by
a committee of eight (seven city employees and one member of the
Civic Centers Board). Based on the cumulative ratings, interviews
and reference checks, BGR Architects and Engineers in association
with Thompson, Ventulett, Stainback & Associates, emerged as the
committee's recommended firm. BGR Architects and Engineers
will be the lead firm and contracting party.
The negotiated lump sum flat fee is 8 percent of the estimated
project budget of $1,470,803.
Staff recommended that the negotiated agreement with BGR
Architects and Engineers for professional services associated with
the Civic Center renovation project be approved.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5010 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(21.) Consider a resolution authorizing the Mayor to execute
contracts with Compliance Services Group, Inc. and
ENPROTEC, Inc. for Environmental Engineering Services.
This item was deleted from the agenda.
(22.) Consider Resolution 45011 authorizing the Mayor to execute
for and on behalf of the City of Lubbock funding agreements
between the City of Lubbock and the YWCA of Lubbock.
RESOLUTION #5011
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 two (2) Agreements by
and between the City of Lubbock and the YWCA to provide funding from the
Department of Housing and Urban Development for Day Camp Expansion and
YWCare Expansion. Said Agreements are attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
764
City Council Meeting
November 9, 1995
Page 765
Passed by the City Council this 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
A copy of the two Agreements by and between the City of Lubbock and YWCA are
filed with Resolution No. 5011.
On June 9, 1995, the City Council authorized the following
proposed projects:
YWCA Day Camp Expansion - YWCA of Lubbock ($58,851)
This project will provide day care during the summer for low-
income, elementary age children who reside in Chatman Hill,
Arnett Benson and Harwell neighborhoods. The YWCA of
Lubbock will provide a match of $99,091, made available through
donations, cash and other grants.
YW-Care Expansion Project - YWCA of Lubbock ($41,416)
This project will provide an after school program for elementary -
age children at the Harwell, Tubbs and Wolfforth Elementary
schools during the 1995-1996 academic year. The YWCA of
Lubbock will provide a match of $456,775, made available
through donations, cash and other grants.
The Community Development Advisory Committee and
Community Development and Neighborhood Initiative's staff
recommended the approval of this resolution approving agreements
with the YWCA of Lubbock.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5011 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
765
City Council Meeting
November 9, 1995
Page 766
(23.) Consider Resolution 45012 authorizing_ the Ma3or to execute
for and on behalf of the City of Lubbock a funding agreement
between the City of Lubbock and the Early Learning Center.
RESOLUTION 45012
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 the Early Learning Centers of Lubbock to provide
funding from the Department of Housing and Urban Development for the Fee
Assistance Program. 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 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community 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 Early Learning
Centers of Lubbock is filed with Resolution No. 5012.
On June 9, 1995, the City Council authorized CDBG funding for
the following proposed project:
Child Care Fee Assistance - Early Learning Centers ($65,000)
This project will provide fee assistance for quality child care to
low-income families, especially single parent families, who are
working or who attend school. The Early Learning Centers will
provide a match of $114,640, made available through donations,
cash and other grants.
The Community Development Advisory Committee and
Community Development and Neighborhood Initiative's staff
recommended the approval of this resolution approving an
agreement with the Early Learning Centers of Lubbock.
766
City Council Meeting
November 9, 1995
Page 767
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5012 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(24.) Consider Resolution #5013 authorizing the Mayor to execute
for and on behalf of the City of Lubbock funding agreements
between the City of Lubbock and Lubbock United
Neighborhood Association.
RESOLUTION #5013
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 two (2) Agreements by
and between the City of Lubbock and the Lubbock United Neighborhood Association
to provide funding from the Department of Housing and Urban Development for the
Neighborhood Leadership Program and the LUNA Learning Services. Said
Agreements are 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 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
Ls/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamale
Linda L. Chamales, Assistant City Attorney
A copy of the two Agreements by and between the City of Lubbock and the Lubbock
United Neighborhood Association are filed with Resolution No. 5013.
On June 9, 1995, the City Council authorized CDBG funding for
the following proposed projects:
Lubbock Connections Neighborhood Leadership Program -
Lubbock United Neighborhood Associations (LUNA) ($6,600)
This project will provide training of participants in the necessary
skills for effective leadership. LUNA will provide a match of
$3,710, made available through donations.
767
City Council Meeting
November 9, 1995
Page 768
LUNA Learning Series - Lubbock United Neighborhood
Associations (LUNA) ($6,557)
This project will provide training of neighborhood board members
from the seven target neighborhoods regarding the essential skills
necessary for effective neighborhood organizations. LUNA will
provide a match of $1,640, made available through donations,
cash, other grants and sweat equity.
The Community Development Advisory Committee and
Community Development and Neighborhood Initiative's staff
recommended the approval of this resolution approving agreements
with Lubbock United Neighborhood Associations.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5013 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(25.) Consider Resolution #5014 authorizing the Mayor to execute
for and on behalf of the City of Lubbock a funding agreement
between the City of Lubbock and Lubbock Victim Assistance
Services.
RESOLUTION #5014
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 Victim Assistance Services to provide
funding from the Department of Housing and Urban Development for Neighborhood
Victim Assistance Services. 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 9th day of November 1995.
/s/ David R Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
City Council Meeting
November 9, 1995
Page 769
A copy of the Agreement by and between the City of Lubbock and Lubbock Victim
Assistance Services is filed with Resolution No. 5014.
On June 9, 1995, the City Council authorized CDBG funding for
the following proposed projects:
Neighborhood Victim Assistance - Lubbock Victim Assistance
Services ($17,000)
This project will provide for establishment of a volunteer
neighborhood -based victim advocate to provide individualized
services. The Lubbock Victim Assistance Services will provide a
match of $5,620, made available through other grants and sweat
equity.
The Community Development Advisory Committee and
Community Development and Neighborhood Initiative's staff
recommended the approval of this resolution approving an
agreement with Lubbock Victims Assistance Services.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5014 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(26.) Consider Resolution #5015 authorizing the Mayor to execute
for and on behalf of the City of Lubbock Emergency Shelter
Funding Agreements between the City of Lubbock and the
Salvation Army of Lubbock.
RESOLUTION 45015
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 three (3) Agreements by
and between the City of Lubbock and the Salvation Army to provide funding from
Emergency Shelter Grant Program funds for provision of essential services for the
homeless. Said Agreements are attached hereto and incorporated in this Resolution as
if fully set forth herein and shall be included in the minutes of the Council.
VE
City Council Meeting
November 9, 1995
Page 770
Passed by the City Council this 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health & Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
A copy of the three Agreements by and between the City of Lubbock and the Salvation
Army are filed with Resolution No. 5015.
The City Council authorized Emergency Shelter Grant funding for
the following proposed projects:
Essential Services - Salvation Army of Lubbock ($3,000)
This project will be used for essential services to provide food and
medication to individuals and families living in the Salvation
Army shelter or other city shelters and transitional housing and
those at -risk of homelessness and participating in the rent/utility
assistance program. The Salvation Army will provide a match of
$3,000, made available through donations and other grants.
Security Deposit Assistance - Salvation Army of Lubbock
($9,000)
This project will provide security deposits and first month's rent.
The Salvation Army will provide a match of $9,000, made
available through donations, cash, and sweat equity.
Homeless Prevention - Salvation Army of Lubbock ($23,400)
This project will be used for homeless prevention activities to
provide mortgage, rent and utility assistance to individuals and
families suffering from an emergency that has left them
temporarily without funds. The Salvation Army will provide a
match of $29,200, made available through donations, other grants
and sweat equity.
The Community Development Advisory Committee and
Community Development and Neighborhood Initiative's staff
recommended the approval of this resolution approving agreements
with the Salvation Army of Lubbock.
770
City Council Meeting
November 9, 1995
Page 771
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5015 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(27.) Consider Resolution 45016 authorizing the Mayor to execute
for and on behalf of the City of Lubbock a HOME Funding
Agreements between the City of Lubbock and the Community
Housing Resource Board.
RESOLUTION #5016
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 two (2) Agreements by
and between the City of Lubbock and the Community Housing Resource Board of
Lubbock to provide funding from Home Program Funds for construction and
rehabilitation of homes for first time home buyers. 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 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Services
0-0
�I It • YllC�l��1.�u�
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
A copy of the two Agreements by and between the City of Lubbock and the
Community Housing Resource Board of Lubbock are filed with Resolution No. 5016.
The City Council has authorized HOME Grant funding for the
following proposed projects:
Lease/Purchase - Community Housing Resource Board
(CHRB) ($159,297)
This project will provide funds purchasing five foreclosed
properties for resale through a lease program. The Community
Housing Resource Board (CHRB) will provide a match of $37,500,
made available through the rent fees of an ongoing lease -purchase
program.
771
City Council Meeting
November 9, 1995
Page 772
New Construction - Community Housing Resource Board
(CHRB) ($432,000)
This project will provide funds for creating more affordable
housing through new construction of single-family units in the
areas of Harwell, Arnett Benson and Chatman Hill. The CHRB
will use $400,000 for the purpose of constructing 10 new homes
and $32,000 for administrative costs. This project will generate
income by providing a grant loan and bank loan combination for
payback by the first-time homebuyer. The combination of
assistance will be determined by affordability, and the loans will be
carried over 20 years at low interest. The proceeds from the project
will create a revolving loan fund to build more houses and will be
used as program match. Norwest Bank has agreed to provide the
permanent financing.
The Community Development Advisory Committee and
Community Development and Neighborhood Initiative's staff
recommended the approval of this resolution approving agreements
with the CHRB.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5016 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(28.) Consider Resolution #5017 authorizing the Mayor to execute
for and on behalf of the City of Lubbock an Emergency Shelter
Funding Agreement between the City of Lubbock and the
Community Housing Resource Board.
RESOLUTION #5017
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 the Community Housing Resource Board of Lubbock
to provide funding from Emergency Shelter Grant Program funds for provision of
operational funds for the homeless. 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.
772
City Council Meeting
November 9, 1995
Page 773
Passed by the City Council this 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
FW a Q •li D WWWOz *)ft#a01"
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community 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 Community
Housing Resource Board of Lubbock is filed with Resolution No. 5017.
The City Council has authorized Emergency Shelter funding for
the following proposed projects:
Transition to Better Living - Community Housing Resource
Board (CHRB) ($12,800)
This project will provide funds for maintenance and operations
activities of two transitional houses to be obtained through the
HUD $1.00 per year lease -purchase program. The CHRB will
provide a match of $12,800, made available through the salaries of
the staff and donations.
The Community Development Advisory Committee and
Community Development and Neighborhood Initiative's staff
recommended the approval of this resolution approving an
agreement with the Community Housing Resource Board.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5017 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
773
City Council Meeting
November 9, 1995
Page 774
(29.) Consider Resolution #5018 authorizing the Mayor to execute
for and on behalf of the City of Lubbock Emergency Shelter
Funding Agreements between the City of Lubbock and
Women's Protective Services, Inc.
RESOLUTION #5018
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 two (2) Agreements by
and between the City of Lubbock and the Women's Protective Services to provide
funding from Emergency Shelter Grant Program funds for provision of essential
services and homeless prevention. Said Agreements are 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 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
A copy of the two Agreements by and between the City of Lubbock and the Women's
Protective Services are filed with Resolution No. 5018.
The City Council has authorized Emergency Shelter Grant funds
for the following proposed projects:
Essential Services - Women Protective Services, Inc. (WPS)
($35,400)
This project will provide services concerned with employment,
health, drug abuse, and education for homeless persons. WPS will
provide a match of $35,400, made available through donations.
774
City Council Meeting
November 9, 1995
Page 775
Security Deposit Assistance - Women's Protective Services
(WPS) ($6,000)
This project will assist homeless battered women and children to
become self-sufficient, independent, and contributing members to
the Lubbock community. WPS will provide a match of $6,000,
made available through donations.
The Community Development Advisory Committee and
Community Development and Neighborhood Initiative's staff
recommended the approval of this resolution approving agreements
with Women's Protective Services, Inc.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5018 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(30.) Consider Resolution #5019 authorizing the Mayor to execute
for and on behalf of the City of Lubbock an Emergency Shelter
Grant Funding Agreement between the City of Lubbock and
Walker House Inc.
RESOLUTION #5019
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 the Walker House, Inc. to provide funding from
Emergency Shelter Grant Program funds for renovations. 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 9th day of November 1995.
ATTEST:
/s/ Betty M. J_ hn on
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamale
Linda L. Chamales, Assistant City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
775
City Council Meeting
November 9, 1995
Page 776
A copy of the Agreement by and between the City of Lubbock and the Walker House,
Inc.. is filed with Resolution No. 5019.
The City Council has authorized Emergency Shelter Grant funding
for the following proposed projects:
Walker House Renovation - Walker House, Inc. ($32,000)
This project will provide funding for renovations to the facility
located at 1614 Avenue K. Walker House, Inc., will provide a
match of $32,000, the appraised value of the units.
The Community Development Advisory Committee and
Community Development and Neighborhood Initiative's staff
recommended the approval of this resolution approving an
agreement with Walker House, Inc.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5019 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(31.) Consider Resolution #5020 amending the 1994-1995
Emergency Shelter Grant allocations and authorizing the
Mayor to execute for and on behalf of the City of Lubbock,
funding agreements with Walker House, Inc., and Salvation
Army, and MHMR for the reallocated funds.
RESOLUTION 45020
WHEREAS, $16,400 of the 1994-95 Emergency Shelter Grant Funding was
allocated to Guadalupe Economic Services, Inc.; and
WHEREAS, Guadalupe Economic Services, Inc. was unable to utilize the
funding for renovations as planned; and
WHEREAS, the City of Lubbock desires to reallocate said funds for the public
benefit; and
WHEREAS, the Community Development Advisory Committee has
recommended that the reallocated funds be awarded to the Salvation Army, Walker
House, Inc., and Lubbock Mental Health & Mental Retardation Center; and
WHEREAS, the City Council has found that these organizations possess the
special expertise, knowledge, and experience necessary for the renovations and that the
City will receive adequate consideration in the form of substantial public benefit; NOW
THEREFORE:
776
City Council Meeting
November 9, 1995
Page 777
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK;
SECTION 1. THAT the SIXTEEN THOUSAND FOUR HUNDRED AND
N0/100 DOLLARS ($16,400.00) of the 1994-95 Emergency Shelter Grant which was
previously allocated to Guadalupe Economic Services, Inc. be reallocated to the
following agencies for renovations:
Walker House, Inc.
Salvation Army
Lubbock Mental Health
& Mental Retardation
$ 5,161.00
$ 6,156.00
$ 5,083.00
TOTAL $16,400.00
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an Agreement by and
between the City of Lubbock and the Walker House, Inc. and an Agreement between
the City of Lubbock and the Salvation Army to provide funding from the 1994-95
Emergency Shelter Grant Program for renovations. Said Agreements are 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 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Services
APPROVED AS TO FORM:
Is/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
A copy of the Agreement by and between the City of Lubbock and the Walker House,
Inc., is filed with Resolution No. 5020.
The Community Development Advisory Committee and the
Community Development & Neighborhood Initiatives staff
recommended amending the 1994-1995 Emergency Shelter Grant
allocation and allocating the funding to Salvation Army and
Walker House, Inc.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5020 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Meeting
November 9, 1995
Page 778
(32.) Bid #13381 - Garden/Arts Center & Tea Terrace Renovation
and authorize same (Park Development).
RESOLUTION 95021
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 Quicksilver Construction, of
Lubbock, Texas to furnish and install all services and materials as bid for the
Garden/Arts Center and Tea Terrace Renovation 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 9th day of November 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 8
THIS AGREEMENT, made and entered into this 9th day of November 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 Quicksilver Construction 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:
%%�:j
City Council Meeting
November 9, 1995
Page 779
BID NO. 13381--Garden/Arts Center & Tea Terrace Renovation in the amount of
$22,735.00
and all extra work in connection therewith, under the terms as stated in the contract
documents and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted therefore,
subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
/s/ John Webb
ATTEST:
/s/ Name not Legible
Secretary
COMPLETE ADDRESS
(33.)
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Quicksilver Construction
CONTRACTOR
By: /s/ Loyde Castle
TITLE: Vice President
Quicksilver Construction Company
1205 E. 46th Street
Lubbock, Texas 79404
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5021 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
Bid #13384 - Film and Film Processing (Print Shoff
J & L Photo Supply --Film.
Rapid Color Photo, Inc. --Film Processing.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
779
City Council Meeting
November 9, 1995
Page 780
(34.) Bid #13385 - Water Meters - Annual Pricing (Water Utilities).
Master Meters, Inc.--4500 Ea 5/8" x 3/4" Cold Water Multijet Dry
Top Water Meter; 1000 Ea 1" Cold Water Multijet Dry Top Water
Meter; 10 Ea 1 1/2" Cold Water Multijet Dry Top Water Meter; 40
Ea 2" Cold Water Multijet Dry Top Water Meter; 100 Ea. 3" Class
11 Turbine Type Fire Hydrant Water Meter.
Badger Meter, Inc.--10 Ea 3" Cold Water Class II Turbine Type
Water Meter; 2 Ea 4" Cold Water Class II Turbine Type Water
Meter; 2 Ea 6" Cold Water Class II Turbine Type Water Meter.
Mueller Company--10 Ea 3" Cold Water Compound (In -Line)
Type Water Meter; 2 Ea 4" Cold Water Compound (In -Line) Type
Water Meter; 2 Ea 6" Cold Water Compound (In -Line) Type
Water Meter.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(35.) Bid #13390 - Bleachers & Installation at Berl Huffman Park,
and authorize same (Park Development).
RESOLUTION #5022
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 Quicksilver Construction, of
Lubbock, Texas to furnish and install all services and materials as bid for the Bleachers
and Installation at Berl Huffman Softball Complex 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.
: 01
City Council Meeting
November 9, 1995
Page 781
Passed by the City Council this 9th day of November 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 8
COUNTY OF LUBBOCK 8
THIS AGREEMENT, made and entered into this 9th day of November 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 Quicksilver Construction 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. 13390--Bleachers and Installation at Berl Huffman Softball Complex in the
amount of $38,172.00
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.
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City Council Meeting
November 9, 1995
Page 782
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted therefore,
subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT
/s/ John Webb
ATTEST:
/s/ Name not Legible
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Quicksilver Construction
CONTRACTOR
By: /s/ Loyde Castle
TITLE: Vice President
COMPLETE ADDRESS: Quicksilver Construction Company
1205 E. 46th Street
Lubbock, Texas 79404
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5022 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(36.) Bid #13391 - Meter Test Set and Calibration Unit (Electric
Production).
AVO International--1 Ea Meter Test Set and Calibration Unit.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(36A.) Bid #13421 - Telecommunications T-1 Channel Bank
(Communications).
Southwestern Bell Telephone Company-4 Ea 3624 Rack Mount
Shelf with Two 3624 Channel Banks; 2 Ea Remote 3624 Wall
Mount Channel Banks.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
AWN
City Council Meeting
November 9, 1995
Page 783
(36B.) Consider a resolution authorizing the Mayor to execute a lease
agreement between the City of Lubbock and Simmons
Airlines, Inc., dba American Eagle.
This item was deleted from the agenda.
(37.) ZONE CASE NO.2763 (northeast corner of 52nd Street and
Ivory Avenue) --Hold a public hearing to consider request of
Hugo Reed and Associates (for Billy Hall) for a zoning change
from R-1 to M-1 (parking area for industrial use) on Lots 17,
17-A and 18, James Subdivision, and to consider ordinance
ORDINANCE #9854
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2763; A ZONING CHANGE FROM R-1 TO M-1
ZONING ON LOTS 17, 17-A AND 18, JAMES SUBDIVISION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:10 a.m. Bernie
Gradel, Jr., appeared on behalf of Billy Hall to present this request
for zone change from R-1 to M-1. No one appeared in opposition.
Mayor Langston closed the hearing at 11:14 a.m.
Randy Henson, Senior Planner, presented staff comments and gave
the adjacent land use relationships as follows:
North - industrial
South - single family
East - industrial
West - industrial
The Comprehensive Land Use Plan notes the parcel as residential,
fronting on 52nd Street and backed up to the tier of M-1 zoning on
50th Street. The James Subdivision from 52nd Street to 58th
Street, Ivory to Martin Luther King, Jr. Blvd. is sparsely developed
with residential and a mixture of other uses. Industrial zoning
surrounds the subdivision and encroachments similar to this
request exist from 50th Street, 58th Street and Martin Luther King,
Jr. Blvd.
The proponent requested that screening fences be waived due to
the large lot and the desire not to create hiding places behind any
solid fences. The Code allows consideration by the Planning and
Zoning Commission and City Council as to whether the solid
screening fence required by the Code on 52nd Street and the east
property line should be installed when a construction permit is
requested.
The Planning and Zoning Commission found the request valid and
approved the zone case to the City Council as M-1 without the
requirement to screen. A plat is being processed which will
dedicate a street on the east property line north from 52nd Street.
The proposal should have no adverse effect on traffic in the area.
783
City Council Meeting
November 9, 1995
Page 784
The Planning and Zoning Commission recommended approval of
this request subject to the following condition:
The screening fence on the south and east sides of the
property shall not be required.
The staff supported the recommendation of the Planning & Zoning
Commission.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Cooke to pass on first reading Ordinance #9854
with condition as recommended by P&Z and City staff. Motion
carried: 7 Yeas; 0 Nays.
(38.) ZONE CASE NO.2764 (west of Albany between 69th and
72nd Streets) --Hold a public hearing to consider request of
Hugo Reed and Associates (for Lubbock Land Company) for a
zoning change from R-1 to R-1 Specific Use (garden homes) on
a tract out of Section 27 Block E-2, and to consider ordinance.
ORDINANCE #9855
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2764; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION
27, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:16 a.m. Bernie
Gradel, Jr., appeared on behalf of Lubbock Land Company to
present this request for zone change from R-1 to R-1 Specific Use.
No one appeared in opposition. Mayor Langston closed the hearing
at 11:18 a.m.
Randy Henson, Senior Planner, presented staff comments and gave
the adjacent land use relationships as follows:
North - vacant, A-1
South - residential
East - residential
West - residential and a playa
The request is consistent with both the Comprehensive Land Use
Plan and zoning policy. The project should have little or no
adverse effect on traffic.
The Planning and Zoning Commission recommended approval of
this request. 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 #9855
as recommended by P&Z and City staff. Motion carried: 6 Yeas;
0 Nays --Mayor Pro Tem Neugebauer recused and excused himself
from voting on this item.
U.&I
City Council Meeting
November 9, 1995
Page 785
(39.) ZONE CASE NO.2164-F (south of 86th Street and east of
Boston Avenue) --Hold a Public hearing to consider request of
Hugo Reed and Associates (for Lubbock Land Company)for a
zoning change from A-1 to A-2 limited to an assisted living
center on a tract out of Section 13, Block E-2, and to consider
ordinance.
ORDINANCE #9856
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2164-F; A ZONING CHANGE FROM A-1 TO A-2
ZONING ON A TRACT OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:20 a.m. Bernie
Gradel, Jr., appeared on behalf of Lubbock Land Company to
present this request for zone change from A-1 to A-2. No one
appeared in opposition. Mayor Langston closed the hearing at
11:22 a.m.
Randy Henson, Senior Planner, presented staff comments and gave
the adjacent land use relationships as follows:
North - vacant, C-2
South - playa lake, zoned R-1
East - vacant, A-1
West -vacant, R-1
The request is consistent with both the Comprehensive Land Use
Plan and zoning policy. The proponents presented a preliminary
site plan during the hearing.
The Planning and Zoning Commission recommended approval of
this request subject to the following condition:
Limited to a personal care facility and all unconditionally
permitted A-1 uses.
The staff supported the recommendation of the Planning & Zoning
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9856 with condition as recommended by P&Z and City staff.
Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer
recused and excused himself from voting on this item.
785
City Council Meeting
November 9, 1995
Page 786
(40.) ZONE CASE NO. 1490-P (5164 69th Street) --Hold a public
hearing to consider request of Chips Club, Inc., for a zoning
change from C-3 to C-4 limited to a gameroom and bar and all
.permitted C-3 uses on the east 146 feet of the south 188 feet of
Lot 2-A, Fiesta Autoland Center, and to consider ordinance.
ORDINANCE #9857
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1490-P; A ZONING CHANGE FROM C-3 TO C-4
ZONING ON THE EAST 146 FEET OF THE SOUTH 188 FEET OF LOT 2-A, FIESTA
AUTOLAND CENTER, 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. Pat
Simek appeared on behalf of Chips Club, Inc., to present this
request for zone change from C-3 to C-4. No one appeared in
opposition. Mayor Langston closed the hearing 11:25 a.m.
Randy Henson, Senior Planner, presented staff comments and gave
the adjacent land use relationships as follows:
North - shopping center
South - C-4, commercial
East - C-4, mini -warehouse project
West - shopping center
The proposal is not contrary to the Comprehensive Land Use Plan
policy. The Planning and Zoning Commission found no fault with
the request and recommended approval subject to the following
condition:
Limited to a sports bar and gameroom and all
unconditionally permitted C-3 uses.
The staff supported the recommendation of the Planning & Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9857 with condition as recommended by P&Z and City staff.
Motion carried: 7 Yeas; 0 Nays.
(41.) ZONE CASE NO.2765 (north of 82nd Street and east of
Cedar) --Hold a public hearing to consider appeal of Juventino
Calvillo for a zoning change from R-1 to C-4 on a portion of
Section 6 Block E, and to consider ordinance.
Mayor Langston opened the public hearing at 11:30 a.m. Juventino
Calvillo appeared to present this request for zone change from R-1
to C-4. Margie Jefferson, E. W. Johnson, Clifford Johnson, John
Rayburn, James Vines, Ted Hines, and Don Pruitt appeared in
opposition. Mayor Langston closed the hearing at 11:50 a.m.
City Council Meeting
November 9, 1995
Page 787
Randy Henson, Senior Planner, presented staff comments and gave
the adjacent land use relationships as follows:
North - vacant, R-1
South - 82nd Street and the city limits
East - vacant, R-1
West - R-1, mostly vacant
The request does not comply with the Comprehensive Land Use
Plan. The Planning staff had several discussions with Mr. Calvillo
about Land Use Plan policy and zoning issues related to dance
halls. Mr. Calvillo indicates feeling overwhelmed by all these
comments and that he did not get a fair hearing before the Planning
Commission. The Senior Planner explained that the proponent
could present any additional information to the Council and correct
any information he felt was misunderstood by the Planning
Commission.
The Planning and Zoning Commission recommended denial of this
request.
The staff supported the denial of the Planning & Zoning
Commission. State law requires a 6/7 vote by the City Council to
overturn the denial by the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Neugebauer to uphold the decision of the Planning
& Zoning Commission to deny the zone change request. Motion
carried: 7 Yeas; 0 Nays.
(42.) Consider Resolution #5023 declaring a Public necessity for
paving improvements in Portions of streets and alleys, and
directing the City Engineer to prepare plans and specifications
for such improvements.
RESOLUTION #5023
A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF
STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF
LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY, AND
DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT public necessity exists that the following portions of
streets and avenues in the City of Lubbock and along the boundaries thereof be
improved as herein provided, to -wit:
26th Street from LaSalle Avenue to Kewanee Avenue.
Frankford Avenue from Spur 327 to 50th Street.
66th Street from Frankford Avenue to Iola Avenue.
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City Council Meeting
November 9, 1995
Page 788
SECTION 2. THAT said portions of the above -described streets and avenues
shall be improved by raising, grading and filling same, by installing curbs and gutters,
and by installing base material and asphaltic concrete surface or concrete paving within
the right-of-way.
SECTION 3. THAT the City Engineer is hereby directed to prepare plans and
specifications for such improvements.
SECTION 4. THAT such improvements in each unit shall be paid for in the
following manner:
STREET IMPROVEMENTS
(a) The abutting property and owners thereof shall pay and shall be
assessed for all the cost of constructing curbs in front of such
respective property and a part of the remaining cost of such
improvements; provided, that such part of the cost assessed to the
abutting property or owners thereof will not exceed ninety
percent (90%) of the cost of the improvements plus the cost of
the curb; and further provided that if it shall appear at the
hearing, to be had before final assessment is made, that the
special benefits to such property by way of enhancement value
thereof by means of such improvements will not aggregate to
such proportion of the cost as specified above, then there shall be
assessed and be paid by such abutting property and the owners
thereof a lesser amount not to exceed the benefits.
(b) The remaining cost of said improvements after deducting the
sums finally assessed against abutting property and the owners
thereof under subparagraph (a) above shall be paid by the City of
Lubbock.
SECTION 5. THAT the amounts assessed against and to be paid by the
abutting property and the owners thereof shall be payable in five (5) equal installments,
the first of which shall become due on or before twenty (20) days after completion and
acceptance by the City Council of the improvements in the unit on which the property
abuts; the second, third, fourth and fifth installments shall become due one, two, three
and four years respectively after completion and acceptance by the City Council of the
improvements in the unit upon which the property abuts, and shall bear interest from
the date of completion and acceptance until paid, at the rate of eight percent (8 %) per
annum, payable annually, with provisions that if default be made in the payment of any
installment promptly as the same matures, then at the option of the holder of such
certificate of assessment issued in evidence thereof, such default shall mature the entire
assessment upon which same is made.
SECTION 6. THAT assessments shall be made and levied, and shall be a first
and prior lien and personal liability for principal, interest, reasonable attorneys' fees
and costs of collection, if incurred, all under and in accordance with the Charter of the
City of Lubbock and amendments thereto, now in force in this City, and in accordance
with the provisions of Article 1105b, Revised Civil Statutes of Texas.
SECTION 7. THAT this Resolution shall take effect and be in force from and
after its passage.
City Council Meeting
November 9, 1995
Page 789
Passed by the City Council this 9th day of November 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 D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
Larry Hertel, City Engineer, presented staff comment. This
resolution is the first of five resolutions to initiate an assessment
paving program for the construction of paving improvements as
follows:
26th Street from LaSalle Avenue to Kewanee Avenue
Frankford Avenue from Spur 327 to 50th Street
66th Street from Frankford Avenue to Iola Avenue
The paving policy states that staff will collect all paving petitions
on file in October of each year to present to City Council for
consideration. The paving of 26th Street will be paid for primarily
by assessment of abutting properties. This street paving was
petitioned by a majority of the property owners.
Frankford Avenue is included in the 1995 Transportation
Improvement Program resulting in Federal participation in the cost
of the street paving improvements. The project is to be designed
and bid by the Texas Department of Transportation (TxDOT).
TxDOT, utilizing the federal funding, will pay for 80 percent of the
construction and engineering costs. Prior to construction, TxDOT
will prepare the Environmental Impact Statement and hold a public
hearing for public comment relating to the project. The City will
be responsible for right-of-way, utility adjustments, and 20 percent
of the construction and engineering costs. The City will provide
for its portion of the costs with funds in escrow for prepaid paving
and assessment of abutting properties.
The paving of 66th Street will be paid for using bond funds. The
bond funds will be supplemented with prepaid paving accounts and
assessment of abutting properties. Frankford Avenue and 66th
Street were not petitioned but are included in the City's Capital
Projects Budget.
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City Council Meeting
November 9, 1995
Page 790
On assessment paving programs the City is required by State law
to participate in a minimum of 10 percent of the construction and
engineering costs associated with these paving improvements.
Staff recommended approval of this resolution which initiates
assessment proceedings for these streets.
Motion was made by Councilmember Sitton, seconded by
Councilmember Patterson to authorize Resolution #5023 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays--
Councilmember Cooke was absent from the Council Chambers.
(43.) Consider Resolution 95024 authorizing the Mayor to execute
an escrow agreement with the Texas Department of
Transportation (TxDOT) for the reconstruction and widening
of Indiana Avenue from 34th Street to 50th Street.
RESOLUTION #5024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with the
State of Texas, acting by and through the Texas Department of Transportation
Commission, 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 9th day of November 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
A copy of the Agreement by and between the City of Lubbock and the State of Texas is
filed with Resolution No. 5024.
790
City Council Meeting
November 9, 1995
Page 791
Larry Hertel, City Engineer, presented staff comments. A contract
was executed on November 18, 1993, between the City of Lubbock
and the TxDOT for the reconstruction and widening of Indiana
Avenue from 34th Street to 50th Street. The estimated cost of the
project, at that time, was $2,640,000. Of this, 80 percent was to be
paid with federal funds ($2,112,000) and 20 percent from local
funds ($528,000).
TxDOT, in accordance with the executed contract, has completed
the necessary engineering work, the environmental assessment and
the bid letting for the project. The project was bid out twice in
order to secure the best possible price for the project. The final
bid, however, still exceeded the original estimate for the project,
bringing the total project cost to $3,460,585.65. The City's 20
percent share has also increased to a total of $692,117.13.
The escrow agreement states that the City of Lubbock will place
into escrow an amount equal to $692,117.13. The City has
previously paid $33,000.00 for the preliminary engineering and
design work, leaving a balance of $659,117.13 payable upon
execution of this escrow agreement. The balance will be made
payable in two payments. The first payment will be in the amount
of $400,000.00. The second payment will be for $259,117.13 or
an adjusted amount per the actual cost of the project.
This revised City cost is approximately $164,117.13 greater than
the amount originally budgeted for City participation in this
project. The additional funding needed for the completion of this
project ($164,117.13) would be transferred from the Indiana
Avenue right-of-way project and would be enough to cover the
additional cost.
Staff recommended approval of the escrow agreement.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Patterson to authorize Resolution #5024 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays--
Councilmember Cooke was absent from Council Chambers.
Mayor Pro Tern Neugebauer presided over the next item due to the Mayor's absence from
the Council Chambers.
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City Council Meeting
November 9, 1995
Page 792
(44.) Consider Resolution #5025 authorizing the Mayor to execute a
contract with the Texas Tech University Health Sciences
Center School of Nursing to provide clinical services for the
Breast and Cervical Cancer Control Program.
RESOLUTION 95025
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement
with the Texas Tech University Health Sciences Center School of Nursing to allow the
City of Lubbock Health Department to implement Breast and Cervical Cancer
Screening, 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 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health & Community Services
APPROVED AS TO FORM:
/s/ Clarence Walker
Clarence Walker, Assistant City Attorney
A copy of the Interlocal Agreement by and between the City of Lubbock and Texas
Tech University Health Sciences Center School of Nursing is filed with Resolution No.
5025.
Doug Goodman, Managing Director of Health and Community
Services, presented staff comments. In July 1995, the City of
Lubbock Health Department applied for a grant from the Texas
Department of Health to perform breast and cervical cancer
screening. The funding was granted and the resolution was passed
by City Council on October 12, 1995.
792
City Council Meeting
November 9, 1995
Page 793
Texas Tech University Health Sciences Center School of Nursing
will supply qualified staff to provide services and complete
required paper work. They have also indicated they will utilize the
expertise of two Health Department employees as needed. In this
occurrence, the Health Department will be reimbursed at the rate of
$16 per hour, the mean of two nurses' hourly salary. In addition,
the City will receive $6,000 for managing the contract.
There will be no cost to the City to contract with the Texas Tech
University Health Sciences Center School of Nursing to provide
these services at the City of Lubbock Health Department.
This agreement exemplifies public -private cooperation in
providing needed services to the community. The staff
recommended approval of this contract.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Sitton to authorize Resolution #5025 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor
Langston was absent from the Council Chambers.
(45.) Consider Resolution #5026 authorizing the Mayor to execute a
contract with the Texas Department of Health to provide HIV
Counseling services for prevention and education.
RESOLUTION #5026
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 Application,
attached herewith, by and between the City of Lubbock and the Texas Department of
Health, HIV Division for HIV counseling and testing, and any associated documents,
which Application 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.
793
City Council Meeting
November 9, 1995
Page 794
Passed by the City Council this 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Director of Health
and Community Services
APPROVED AS TO FORM:
/s/ Clarence Walker
Clarence Walker, Assistant City Attorney
A copy of the Grant Application by and between the City of Lubbock and the Texas
Department of Health, HIV Division is filed with Resolution No. 5026.
Doug Goodman, Managing Director of Health and Community
Services, presented staff comments. This contract with the Texas
Department of Health comes before the City Council annually.
Although there are numerous agencies within the city who provide
HIV testing, the City Health Department is one of the few who
provides both testing and counseling services. The counseling is
provided at both the pre -test and post-test with heavy emphasis
placed on education and preventive measures.
With the focus of HIV no longer being solely on the homosexual
population, the counseling for education and preventive measures
is increasing in the heterosexual population. The City Health
Department targets various types of persons who are at risk for
HIV infection, some of which include homosexuals, heterosexuals,
teens, college students, incarcerated persons (both teens and
adults), and gang members. Through these targeted groups,
education and preventive measures are presented. Due to our
educational efforts, the incidence of HIV/AIDS has not increased
as rapidly as other parts of the country.
Without the Texas Department of Health contract, the City of
Lubbock Health Department would not be able to fulfill a segment
of the prevention aspect of the core missions of public health.
Therefore, staff recommended approval of this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution #5026 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
M.1
City Council Meeting
November 9, 1995
Page 795
(46.) Consider Ordinance #9858 repealing Sections 27-181 through
27-209 of Chapter 27, Article VI of the City of Lubbock Code
of Ordinances entitled "Wrecker Service." Enact Sections 27-
181 through 27-192, Chapter 27, Article VI entitled "Tow
Truck Services."
ORDINANCE 49858
AN ORDINANCE REPEALING SECTIONS 27-181 THROUGH 27-209 OF
CHAPTER 27, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK AND ENACTING SECTIONS 27-181 THROUGH 27-192 IN LIEU
THEREOF; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Carrol Bartley, Assistant Police Chief, presented staff comments.
A new Federal Statute, 49 U.S.C. Section 11501 (h) (1) precludes a
state or political subdivision of a state from regulating prices,
routes, or services of motor carriers. Tow trucks are considered
motor carriers per Federal definition. Municipalities may regulate
the towing of vehicles that are without the owners' consent.
Municipalities may also regulate tow trucks insofar as assuring
safety.
The provisions of the new ordinance will comply with Federal and
State requirements. The ordinance will also provide means for the
City to reorganize its method of providing tow truck services to the
citizens. The Lubbock Police Department recommended the first
reading of this ordinance.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9858 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(47.) Consider a resolution approving conversion of the Landwer
House into the Buddy Museum.
Carolyn Aliamus, Managing Director of Culture & Leisure
Services, presented staff comments. Two presentations have been
made by representatives of the United People for the Betterment of
the Llano Estacado to Council regarding the conversion of the
Landwer House into a museum for the exhibition of the Buddy
Holly memorabilia. Although the proposal has merit in terms of
economic development and revitalization of North Lubbock, the
physical structure of building is not conducive to the preservation,
conservation or display of the artifacts which the City owns.
Square footage of the proposed site is approximately 3100 square
feet. Most of the building would be dedicated to exhibition space
with some office, storage and a cafe/gift shop area. If staff take the
proposed exhibition of the Buddy Holly memorabilia out of the
proposal for the Lubbock Center for the Arts, staff should plan for
a minimum of 7000 square feet total. That square footage would
allow for administrative support, security/reception, storage,
preparation and conservation areas and a gift shop. However, in
doing so, an opportunity is lost to develop additional related
exhibits within a West Texas Music Wing.
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City Council Meeting
November 9, 1995
Page 796
The limited space available for the actual exhibition of artifacts
imposes the following several restrictions:
Almost all of the wall space is consumed by windows. There
would be no opportunity to develop text panels, mural size
photographs or other two-dimensional visual documentation.
Ideally, the exhibit should have a minimum of 400
uninterrupted running feet for the display of panels and
photographs.
A limited number of display cases would be allowed. Ideally
there should be a minimum of six feet between each of the
vitrines or display cases and between each of the cases and the
walls. This allows for viewers to study the display at their
leisure without blocking the flow of traffic around them. Even
with a minimum number of display cases, there would be no
more than three feet between cases and walls or between each of
the cases.
The design of the exhibit should satisfy certain basic principles of
function, flow, form and communication. With the number of
windows in the building, objects in the display will be subject to
direct sunlight, which can be extremely detrimental to artifacts
such as those that would be on display.
Ideal ceiling height for exhibition or gallery space is 12 to 14 feet.
Height of ceilings at the proposed site is 9 feet.
There is virtually no transactional or transitional space available at
the proposed site. An information station is situated at the front
entrance to the building and would be where visitors would pay an
admittance fee. The configuration of the building does not allow
for the processing of large groups. The information desk is located
in the midst of the exhibit and during tours or visits by groups it
would be almost impossible to process more than five to ten people
at once and maintain any kind of control.
The current occupancy rate allowed in the site is 59. Once the
exhibit is installed the allowable number of people on the site
would decrease. This would need to be strictly enforced in order to
ensure the safety of the memorabilia. Promoting and recruiting
large tour groups would not be practical given the limitations of the
site.
Use of the Landwer House is restricted by the Texas Parks and
Wildlife Department and must be dedicated permanently only to
outdoor recreation use.
The Land and Water Conservation Fund Manual states that a
conversion to other than outdoor recreation use concurs, among
several other situations, when "non -recreation uses (public or
private) are made of the project area." To make a specific
determination if a proposal constitutes a conversion, a consultation,
a written proposal with site plans and layouts, and a site visit by
the Department of Texas Parks and Wildlife would be necessary.
The City would be required to identify and acquire property not
already owned by the City that could be substituted for the
796
City Council Meeting
November 9, 1995
Page 797
converted site. The City would also be required to justify that the
substitute property is of equal recreation value, and concurrence
would need to be sought on both the State and the Federal level.
Cost to convert the property would be a minimum of $1 million.
In 1982 the Landwer House was designated by the Lubbock City
Council as a Lubbock Historic Landmark. Restrictions imposed by
this designation require that the Urban Design and Historic
Preservation Commission, appointed by Council, review any
alterations, changes, restoration, removal, or demolition of any
exterior architectural feature of the structure.
Staff recommended that conversion of the Landwer House into a
museum for the permanent display of Buddy Holly memorabilia
not be approved.
Following discussion regarding building new construction at
Buddy Holly Park rather than using the Landwer House, motion
was made by Councilmember Hernandez to convert the Landwer
House into the Buddy Holly Museum. Motion died due to the lack
of a second.
(48.) Cast votes for and take action regarding Resolution #5027 for
director nominees for Lubbock Central Appraisal District.
RESOLUTION 45027
WHEREAS, there has been enacted in the State of Texas a Property Tax Code,
V.A.C.S., relating to the ad valorem taxation of property; and
WHEREAS, the Property Tax Code, V.A.C.S., authorized the establishment of
appraisal districts to be governed by a Board of Directors; and
WHEREAS, the City of Lubbock is a taxing unit within the District entitled to
cast votes for the election of persons to the Board of Directors of the District; and
WHEREAS, the City of Lubbock is desirous of casting its votes for the election
of persons to constitute the Board of Directors; and
WHEREAS, the Lubbock County Clerk has prepared a ballot of candidates for
the Board of Directors and has determined that the City of Lubbock is entitled to cast
1,276 votes in the election of the District's Board of Directors; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 1,276 votes of the City of Lubbock are cast for the candidates for the
Lubbock Central Appraisal District Board of Directors as follows:
NAME
NO. OF VOTES
W. B. Criswell
255
Eugene Ehler
255
LeRoy Montoya
255
Marland Ribble
255
Richard Spikes
256
797
City Council Meeting
November 9, 1995
Page 798
THAT a copy of this Resolution BE submitted to the Lubbock County Clerk
before November 15, 1995, in order that the votes of the City of Lubbock may be
counted.
Passed by the City Council this 9th day of November 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Ballot is filed with Resolution No. 5027.
Bob Cass, City Manager, presented staff comments. On October
12, 1995, the City Council took action to nominate the five current
members of the Lubbock Central Appraisal District (LCAD) to
another two-year term. The City has received the ballot for the
election of the five directors. The candidates are W. B. Criswell,
Eugene Ehler, LeRoy Montoya, Marland Ribble, and Richard
Spikes. According to the materials provided by the LCAD, the City
Council is eligible to cast 1,276 votes.
The staff recommended dividing the votes evenly among the five
candidates as follows:
Candidate No. of Votes
W. B. Criswell
255
Eugene Ehler
255
LeRoy Montoya
255
Marland Ribble
255
Richard Spikes
256
1,276
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Patterson to authorize Resolution #5027 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(49.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation ,Building Inspection and Water
Utilities).
City Council Meeting
November 9, 1995
Page 799
(50.) 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:
Appointments Advisory Board
Drainage Criteria Advisory Committee
Neighborhood Redevelopment Commission
Planning and Zoning Commission
South Plains Association of Governments
(51.) Confirm appointment of Tammy Riojas-Brown, Art Chavez,
Rodrick Evans, Dale Gannaway, Ruben John Garcia II,
Debbie Hurt, and Path Lupton to the Appointments Advisory
Board.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to appoint Tammy Riojas-Brown, Art
Chavez, Rodrick Evans, Dale Gannaway, Ruben John Garcia II,
Debbie Hurt and Patty Lupton to the Appointments Advisory
Board. Motion carried: 7 Yeas; 0 Nays.
(52.) Confirm appointment of Linda Sadler to the Community
Development Advisory Committee.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to appoint Linda Sadler to the Community
Development Advisory Committee. Motion carried: 7 Yeas; 0
Nays.
(53.) Confirm appointment of Tom Tuning to the Lubbock
Emergency Communication District Board of Managers.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to appoint Tom Tuning to the Lubbock
Emergency Communication District Board of Managers. Motion
carried: 7 Yeas; 0 Nays.
(54.) Confirm appointment of Terrie Esping to the Neighborhood
Certification Committee.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to appoint Terrie Espino to the Neighborhood
Certification Committee. Motion carried: 7 Yeas; 0 Nays.
(55.) Confirm appointment of Jan Blacklock to the Urban Design
and Historic Preservation Commission.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to appoint Jan Blacklock to the Urban Design
and Historic Preservation Commission. Motion carried: 7 Yeas; 0
Nays.
799
City Council Meeting
November 9, 1995
Page 800
There being no further business to come before Council, motion was made by
Councilmember Patterson, seconded by Councilmember Ince to adjourn the meeting at
1:29 p.m. Motion carried: 4 Yeas; 0 Nays --Mayor Langston, Councilmember Sitton, and
Councilmember Cooke were absent from tle`ou c ��mbers_
ATTEST:
Betty M. Johnso , City Secretary
Read and approved this the 7th day of
ATTEST:
Betty M. johnsorUCity Secretary
AVID R. LANG9TON, MAVOR
X:11