HomeMy WebLinkAboutMinutes - City Council - Regular - 12/7/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
December 7, 1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 7th
day of December 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 Anita Burgess, and City Secretary
Betty M. Johnson.
Mayor Langston called the meeting to order at 10:17 A.M.
( 1.) The Invocation was given by Lemuel F. Thuston, Pastor of
Alexander Chapel Church.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
(3•) Board Appointments
( 4•) Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve the minutes of the
November 9, 1995, Regular City Council Meeting and the
November 16, 1995, Regular City Council Meeting as written.
Motion carried: 7 Yeas; 0 Nays.
(5•) ORDINANCE #9859--Authorizing the Mayor to grant cily
employees prior service credit for probationary service (not in
excess of six months) as credit toward service time under the
Texas Municipal Retirement System as authorized under
Section 853.303 Title 8 of the Government Code.
ORDINANCE #9859
AN ORDINANCE GRANTING TO THE CITY OF LUBBOCK EMPLOYEES
ADDITIONAL RIGHTS AND CREDITS IN THE TEXAS MUNICIPAL
RETIREMENT SYSTEM AS AUTHORIZED BY SECTION 853.303, TITLE 8, OF
THE GOVERNMENT CODE.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9859 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
City Council Minutes
December 7, 1995
Page 830
( 6.) ORDINANCE #9861--Amending Sections 6-153 of the Code of
Ordinances relating to the reciprocation of electrical licenses
with other cities.
ORDINANCE 99861
AN ORDINANCE AMENDING SECTION 6-153 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO _
RECIPROCATION WITH OTHER CITIES UPON ELECTRICAL LICENSES AND
REGISTRATION; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9861 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(7.) Consider Resolution #5039 accepting paving improvements
constructed by Williams and Peters Construction Company,
Inc., in Chicago Court Villas Addition, Lots 1-39.
RESOLUTION 45039
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS 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 1-39, Chicago
Court Villas Addition, made arrangements with Williams & Peters Construction
Company, Inc. for the construction of paving improvements on certain streets 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 and alleys:
65th Street from the West lip line of Chicago Avenue to the West
end of the cul-de-sac West of Chicago Avenue, known and
designated as New Subdivision Sub -Unit Number 13 of Unit
Number 2037.
The alley return on the West side of Chicago Avenue between 65th
Street and 66th Street, known and designated as New Subdivision
Sub -Unit Number 84 of Unit Number 2036.
The East-West alley North of 65th Street from the West property
line of Chicago Avenue to the North -South alley East of Elkhart
Avenue, known and designated as Alley Paving Sub -Unit Number
62 of Unit Number A-461.
The East-West alley between 65th Street and 66th Street from the
West property line of Chicago Avenue to the North -South alley East
of Elkhart Avenue, known and designated as Alley Paving Sub -Unit
Number 63 of Unit Number A-461.
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City Council Minutes
December 7, 1995
Page 831
The North -South alley East of Elkhart Avenue from the North
property line of 66th Street to the East-West alley North of 66th
Street, known and designated as Alley Paving Sub -Unit Number 64
of Unit Number A-461.
WHEREAS, the construction of the above improvements on the above -
mentioned streets 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 and alleys BE and the same are hereby accepted and the City Engineer BE and
he is hereby authorized to notify the Developer of acceptance by the Lubbock City
Council.
SECTION 2. THAT a refund of deposit be made for completion of N.S.
2036-84 in the amount of $750.00.
SECTION 3. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 7th day of December 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 Minutes
December 7, 1995
Page 832
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 at the following locations:
65th Street from Chicago Avenue to the cul-de-sac west of
Chicago; the alley return on the west side of Chicago
Avenue between 65th Street and 66th Street; the east -west
alley north of 65th Street from Chicago Avenue to the
north -south alley east of Elkhart Avenue; the east -west
alley between 65th Street and 66th Street from Chicago
Avenue to the north -south alley east of Elkhart Avenue; the
north -south alley east of Elkhart Avenue from 66th Street
to the east -west alley north of 66th Street.
There is no City cost due the contractor upon this acceptance.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5039 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(8.) Consider Resolution #5040 accepting paving improvements
constructed by Williams and Peters Construction Co.. Inc..
included on the 1993 Assessment Paving Program (Project No.
9925).
RESOLUTION 95040
A RESOLUTION ACCEPTING IMPROVEMENTS ON THE 1993
ASSESSMENT PAVING PROGRAM AS LISTED BELOW AND ORDERING THE
ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvement
ordinances and resolutions and entered into a contract with Williams & Peters
Construction Company, Inc. (Bid No. 13129) for the making and construction of
paving improvements in said City, including the following:
Frankford Avenue Reconstruction - 66th Street to 82nd Street, Unit
Number 2035-94.
WHEREAS, the construction of the above improvements on the above -
mentioned street was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with said Contract (Bid No. 13129); 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
street BE and the same are hereby accepted and the City Engineer is hereby authorized
to direct final payment in the amount of $54,168.43 .
832
City Council Minutes
December 7, 1995
Page 833
SECTION 2. THAT the Mayor and City Secretary BE and they are hereby
instructed to execute and deliver certificates in evidence of the assessments levied
against the parcels of property abutting upon the said portions of the street listed above
and against the owners of such property in accordance with law and in the manner
provided in said Contract and the proceedings with reference to said improvements and
assessments where such assessments were levied.
SECTION 3. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 7th day of December 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/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the paving assessments are filed with Resolution No. 5040.
According to staff memo, this is a routine acceptance of
thoroughfare paving improvements authorized by the City Council.
These improvements consist of paving and curb and gutter at the
following location:
Frankford Avenue from 66th Street to 82nd Street.
Improvements constructed on 98th Street from Indiana Avenue to
Slide Road, which were included with this assessment program,
will be accepted at a later date.
Staff recommended acceptance of these paving improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5040 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
833
City Council Minutes
December 7, 1995
Page 834
( 9.) Consider Ordinance #9864 abandoning and closing a two -foot
underground street -light cable easement in Lot 206, King
Gate Addition (4011 93rd Street).
ORDINANCE #9864
AN ORDINANCE ABANDONING AND CLOSING A TWO FOOT
UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN LOT 206,
KING'S GATE 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.
According to staff memo, this ordinance abandons and closes a
two -foot street -light cable easement along the east two feet of Lot
206 in the King's Gate Addition. This easement is no longer
needed and a new easement has been dedicated on the residential
lot to the west.
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
#9864 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(10.) Consider Resolution #5041 authorizing the Mayor to execute
an amendment to a food services agreement with Marriott
Management Services Corporation for the availability of
prepared foods for the City of Lubbock Senior Citizen Meal
Program.
RESOLUTION 45041
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to a Food
Services Agreement with Marriott Management Services Corp. for the availability of
prepared foods for the City of Lubbock Senior Citizen Meal Program, 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.
834
City Council Minutes
December 7, 1995
Page 835
Passed by the City Council this 7th day of December 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s Carolyn Aliamus
Carolyn Aliamus, Managing Director
of Culture & Leisure
APPROVED AS TO FORM:
/s/ Clarence Walker
Clarence Walker, Assistant City Attorney
A copy of the amendment to the Food Services Agreement by and between the City of
Lubbock and Marriott Management Services Corporation is filed with Resolution No.
5041.
According to staff memo, the City of Lubbock and Furr's Family
Dining entered into a food service agreement for the availability of
prepared foods for the City of Lubbock Senior Citizen Meal
Program on July 1, 1994. The agreement provided for meal
delivery to six sites five days a week. On July 13, 1995, Furr's
requested and was granted permission from the City Council to
assign the food service agreement to Marriott Management
Services Corporation. The City serves approximately 90,000 meals
each year at a cost of $2.03 per meal.
The Parks and Recreation Department is currently funding and
administering the Senior Meal Program through ongoing donations
and remaining FY1994-95 South Plains Association of
Governments' funds. Although the 1994-95 grant has not been
closed out, it is anticipated that approximately $60,000 will be
carried over to the new funding. Approximately 7,000 meals are
served per month, at an estimated cost of $16,000.
If federal funding is eliminated, the City of Lubbock has the right
to terminate its contractual obligation with Marriott Management
Services Corporation immediately.
This amendment clarifies and updates the contract to conform with
Marriott's policies rather than using policies from the original
agreement with Furr's Family Dining. Staff recommended
approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5041 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
835
City Council Minutes
December 7, 1995
Page 836
(11.) Consider Resolution #5042 authorizing the Mayor to execute
an amendment to a contract with the architectural firm of SLS
Partnership to provide architectural/engineering services for
the design of a press box/concession building that will serve a
four -field baseball complex
RESOLUTION 45042
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an amendment to a
contract by and between the City of Lubbock and SLS Partnership, Inc., for additional
architectural services, which amendment 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 7th day of December 1995.
/s/ David R. Langston
ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ John Webb
John Webb, Park Development Supervisor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the amendment to the Contract by and between the City of Lubbock and SLS
Partnership, Inc., is filed with Resolution No. 5042.
According to staff memo, Park Development is supervising a 1993
bond project to construct new pressbox/concession stands at
Maxey, Stubbs, and Simmons parks. SLS Partnership, Inc., (SLS)
is providing architectural services for this project, with their total
basic compensation being $32,577.00. The scope of this project
calls for SLS to develop a prototype pressbox/concession design
for single and double baseball field complexes and specifies the
City's intent to reuse the designs in the future.
836
City Council Minutes
December 7, 1995
Page 837
The estimated construction cost for a four -field
pressbox/concession is $86,000. The proposed amendment to the
original contract provides for SLS' compensation to be increased
by $4,768, which is approximately 5.5 percent of the estimated
construction budget. In return, SLS will provide a prototype
design of a four -field pressbox/concession which the City will be
able to reuse at any time in the future without having to pay
additional fees to the architectural firm of SLS.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5042 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution #5043 authorizing the Mayor to execute a
tax abatement agreement with United Supermarkets #503.
RESOLUTION #5043
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 United Supermarkets, Inc.
#503, for commercial tax abatement, which Agreement is attached hereto and shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 7th day of December 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Joel Beesinger
Joel Beesinger, Interim Director of
Business Development
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Agreement by and between the City of Lubbock and United
Supermarkets #503 is filed with Resolution No. 5043.
837
City Council Minutes
December 7, 1995
Page 838
According to staff memo, the City received a request from United
Supermarkets, Inc., for a commercial tax abatement for ten years in
the North Enterprise Zone. This is the first of two new United
stores which will be built in the North Zone. Both have received
Enterprise Zone project designation from the Texas Department of
Commerce. United plans to build a new 50,000 square foot store
at Auburn and University to replace the 15,000 square foot store at
106 N. University. United plans to invest a total of $6.1 million in
this new facility. The breakdown will be $3.9 million for the new
building, the remaining $2.2 million for machinery and equipment.
The annual amount of tax abatement will be $35,740. The total
amount of tax abatement over the life of the contract would be
approximately $357,399.
United currently employs 59 persons at their present location and
plans to increase employment by 103 persons in this new facility.
The payroll of the new store will be approximately $2.1 million.
The project will add $6.1 million in new value to the tax base in
the North Enterprise Zone and will result in the employment of 162
persons.
Staff recommended approval of the tax abatement for a period of
ten years.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5043 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.) Consider Resolution #5044 authorizing the Mayor to execute
an agreement renewing the contract with Texas Tech
University Health Sciences Center Department of Pediatrics
C.A.R.E. Center.
RESOLUTION #-5044
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 between the
Child Advocacy Research and Education Center of the Texas Tech University Health
Sciences Center School of Medicine Department of Pediatrics ("C.A.R.E. Center") and
the City of Lubbock, relating to the provision of services in investigations of child
abuse cases referred to C.A.R.E. Center by the Police Department of the City of
Lubbock, a copy of which Agreement is attached hereto, and which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
838
City Council Minutes
December 7, 1995
Page 839
Passed by the City Council this 7th day of December 1995.
/S/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
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 Texas Tech
University Health Sciences Center School of Medicine Department of Pediatrics is filed
with Resolution No. 5044.
According to staff memo, the City of Lubbock Police Department
(LPD) has contracted with Texas Tech University Health Sciences
Center School of Medicine, Department of Pediatrics Child
Advocacy Research and Education Center (C.A.R.E. Center) for
specialized forensic evaluation including medical evaluation, case
review, consultation, professional training and other needed
services for the investigation of child abuse cases referred to
C.A.R.E. by the LPD. All suspected cases are referred for
evaluation. Many of the individuals referred do not show up for
the exam or instead go to a family doctor for evaluation.
Considering the number of examinations performed during the past
year from police department referrals, the current cost per
examination appears excessive. Therefore, staff will be exploring
alternate providers of this service during the coming year.
Staff recommended that this contract be renewed for one year.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5044 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
839
City Council Minutes
December 7, 1995
Page 840
(14.) Consider Resolution 95045 authorizing the Mayor to execute a
contract with the architectural firm of SLS Partnership to
provide architectural/engineering services for the renovation of
Maxey Swimming Pool, located in Maxey Park at 4007 30th
Street.
RESOLUTION #5045
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 SLS Partnership, Inc., of
Lubbock, Texas for architectural services for the renovations of Maxey Swimming
Pool, 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 7th day of December 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ John Webb
John Webb, Park Development Supervisor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Contract by and between the City of Lubbock and SLS Partnership, Inc.,
of Lubbock is filed with Resolution No. 5045.
According to staff memo, the Park Development section is
overseeing a 1995 bond sale capital project that will renovate the
swimming pool in Maxey Park. Renovations will include
replacing filtration and circulation systems, renovations of dressing
and concession areas, and the repair of the concrete decking and
gutters. The project has a budget of $25,000 for professional
services and $200,000 for construction.
City Council Minutes
December 7, 1995
Page 841
In July 1995, a selection committee was appointed by the City
Manager to analyze proposals for professional services for this
project. In September 1995, the selection committee
recommended that the architectural firm of SLS Partnership (SLS)
be used to provide the necessary services, and the City Council
authorized Park staff to negotiate a contract with SLS. The results
of that negotiation are as follows: SLS will provide basic
architectural services for $14,000, which is 7 percent of the
construction budget of $200,000. Basic services include
architectural/engineering design, production of drawings, and
specifications necessary to carry out City priorities of work to be
performed on Maxey Pool. Other services provided by SLS at a
negotiated cost not to exceed $4,000 include the development of a
master plan to extend the useful life of the facility for 20 years,
examination of regulatory and compliance deficiencies, and the
prioritization of the scope of work based upon available funding.
The total amount paid to SLS is not to exceed $18,000, which is 8
percent of the total project budget.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5045 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Consider Resolution #5046 authorizing the Mayor to execute
an interlocal agreement between the City of Lubbock and
Lubbock County pertaining to Reese redevelopment efforts.
RESOLUTION #5046
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 Cooperation
Agreement for Reese AFB Redevelopment, attached herewith, by and between the City
of Lubbock and Lubbock County, Texas, and any associated documents, which
Agreement shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
City Council Minutes
December 7, 1995
Page 842
Passed by the City Council this 7th day of December 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 Interlocal Cooperation Agreement by and between the City of Lubbock
and Lubbock County for Reese AFB Redevelopment is filed with Resolution No. 5046.
According to staff memo, at the November 13, 1995, Lubbock
County Commissioners Court meeting, the County Commissioners
approved an appropriation of $10,000 to be used toward the efforts
of redeveloping Reese Air Force Base. County staff has requested
that the City approve an interlocal agreement which would transfer
the monies to the City of Lubbock and be included in the Reese
Redevelopment budget. City staff has proposed to budget these
dollars in the contractual services account which will be used for
paying a land use consultant.
The City currently has $300,000 budgeted in fiscal year 1995-96
for redevelopment efforts. The Office of Economic Adjustment
has already approved a $131,250 grant for planning monies to be
utilized by the city for reusing the base. The $10,000 appropriated
by Lubbock County will help offset some of the costs associated
with redeveloping Reese Air Force Base.
Staff recommended approval of this interlocal agreement with
Lubbock County.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5046 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
842
City Council Minutes
December 7, 1995
Page 843
(16.) Bid #13393--Creosote Wood Poles - Annual Pricing (Central
Warehouse).
Worldwide Forest Products --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(17.) Bid #13397--Swat Body Armor Jacket (Police Department).
Texas State Distributors, Inc.--20 Ea Soft Body Armor Jacket.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(18.) Bid #13403--Furnish and Install Thermoplastic Marking
Materials - Annual Contract, and authorize same (Traffic
Department).
RESOLUTION #5047
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 Barricades Unlimited, Inc., of
Lubbock, Texas to furnish and install all services and materials as bid to Furnish and
Install Thermoplastic Marking Materials - Annual Contract, 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.
843
City Council Minutes
December 7, 1995
Page 844
Passed by the City Council this 7th day of December 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
/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 7th day of December 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 Barricades Unlimited, Inc. of the City of Lubbock, County of
Lubbock, and the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID NO. 13403--Furnish and Install Thermoplastic Marking Materials - Annual
Contract in the amount of $24,850.00
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.
City Council Minutes
December 7, 1995
Page 845
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/ Jerry Hart
ATTEST:
Secretary
COMPLETE ADDRESS
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
/s/ Donald G. Vandiver
Barricades Unlimited, Inc.
CONTRACTOR
By: /s/ Bill Watson
TITLE: President
Barricades Unlimited, Inc.
P.O. Box 11001
Lubbock, Texas 79408
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5047 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(19.) Bid 913408--Construction of Northwest Branch Library, and
authorize same (Library).
RESOLUTION 95048
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 Pharr and Company of Lubbock,
Texas to furnish and install all services and materials as bid for the Northwest Branch
Library, 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.
City Council Minutes
December 7, 1995
Page 846
Passed by the City Council this 7th day of December 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 6
COUNTY OF LUBBOCK 8
THIS AGREEMENT, made and entered into this 7th day of December 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 Pharr & Company of the City of Lubbock, County of Lubbock,
and the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID NO. 13408--Northwest Branch Library in the amount of $657,290.00
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.
700
City Council Minutes
December 7, 1995
Page 847
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/ Jeff Rippel
ATTEST:
Secretary
COMPLETE ADDRESS:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Pharr & Company
CONTRACTOR
By: /s/ John K. Pharr
TITLE: Vice President
Pharr & Company
P.O. Box 2791
Lubbock, Texas 79408
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #5048 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(20.) Bid 913412--Concrete - Annual Pricing (Street Department.
Lubbock Building Products--200 Lf 1/2 x 3 Expansion Joint
Material; 200 Lf 1/2 x 3 - 1/2 Expansion Joint Material; 250 Lf 1/2
x 6 Expansion Joint Material; 200 Lf 30" Curb & Gutter
Expansion Joint Material; 300 Cy Class A 5-1/2 Sack Concrete;
600 Cy Class A 5-1/2 Sack Concrete with Fibermesh; 400 Cy
Class A High Early Strength Concrete; 700 Cy Class A High Early
Strength Concrete with Fibermesh; 100 Cy Class A Calcium
Chloride Concrete; 200 Cy Class A 6 Sack Concrete; 300 Cy Class
B 5 Sack Concrete; 300 Cy Class B High Early Strength Concrete;
300 Cy Class B Calcium Chloride Concrete; 1,200 Cy Class C 4-
1/2 Sack Concrete; 200 Cy Class C High Early Strength Concrete;
600 Cy 3500 PSI, 5-1/2 Sack Concrete with Fly Ash; 1,700 Cy
Ground Stabilizer; 5,000 Lb Type "S" Lime.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(21.) Bid #13413--Asphalt - Annual Pricing, (Street Department
Koch Materials Company--35,000 G1 Asphalt MS -1 + 3% Latex;
35,000 GI Asphalt MS -2 + 3% Latex; 5,000 GI Asphalt MS -1;
5,000 GI Asphalt MS -2; 150,000 GI Asphalt CRS -2P by ASPM.
Walter Jarnagin Asphalt--10,000 G1 Prime Oil.
847
City Council Minutes
December 7, 1995
Page 848
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(22.) Bid #13415--Sand, Gravel & Caliche - Annual Pricing (Street
Department).
R. E. Janes Gravel Company--6,500 Tn "00" Backfill Gravel;
5,300 Tn Grade 3 Gravel; 300 Tn Grade 4 Gravel; 5,200 Tn Grade
5 Gravel; 200 Tn Grade 6 Gravel; 500 Tn Grade 1/2" Base Course
Gravel; 500 Tn Grade 3/4" Base Course Gravel; 2,500 Tn 1" Base
Course Gravel; 300 Tn 1" Concrete Rock; 100 Tn Vealmore
Exposed Aggregate, 3/4"; 200 Tn Brick Sand; 1,500 Tn Stone
Screening or Stone Crush Fines.
Allen Butler Construction, Inc.--9,500 Cy Crushed Caliche.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(23.) ORDINANCE #9860--Abandoning and closing a portion of
20-foot drainage easement located in Section 13, Block E-2,
Lubbock County., Texas (8715 Boston Avenue).
ORDINANCE #9860
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
DRAINAGE EASEMENT LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The Right -of -Way Department recommended the approval of the
second reading of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9860 as recommended by staff. Motion carried: 6
Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused
himself from any discussion and voting on this item.
848
City Council Minutes
December 7, 1995
Page 849
(26.) Zone Case No 2126-B (south of 50th Street and west of
Chicago) --Hold a public hearing to consider request of Henry
Huneke (for H. A Sessions) for a zoning change from C-2 and
C-3 to A-2 on a .portion of Section 28, Block E-2, and to
consider ordinance.
ORDINANCE #9865
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2126-B; A ZONING CHANGE FROM C-2 AND C-3
TO A-1 ZONING ON A PORTION OF SECTION 28, BLOCK E-2, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:30 a.m. Henry
Huneke appeared on behalf of H. A. Sessions to present this
request for zone change from C-2 and C-3 to A-2. No one appeared
in opposition. Mayor Langston closed the hearing at 10:34 a.m.
Randy Henson, Senior Planner, presented staff comments. The
owner of this parcel is proposing an apartment development.
During the hearing the proponent requested a reduction to A-1
(Family Apartment Zone) versus the original application for A-2
(High Density Apartment Zone). Mr. Henson gave the adjacent
land use relationships as follows:
North - City park
_ South - vacant, zoned commercial
East - vacant and apartments
West - commercial zoned, vacant
The current Comprehensive Land Use Plan indicates commercial
on this site. The previous two plans (1975 and 1983) targeted this
area as high density residential for apartments. The Land Use Plan
was changed in 1986 to correspond with a proposal to bring 53rd
Drive under the Loop and develop commercial in the area. That
proposal expired several years ago. The Planning Commission
recommendation contains a recognition of this as a minor change
to the Comprehensive Land Use Plan.
The reduction of the request to A-1 by the proponent represents a
density more consistent with the entire area. A-2 zoning allows a
75 percent F.A.R. (floor -to -lot area ratio), while A-1 provides for a
50 percent F.A.R. Several of the pods of apartments are
anticipated as three story, with elevators. The three-story
construction would normally require A-2; the staff proposed a
fourth condition for Council to consider adding to the ordinance on
first reading. The condition will allow a mixture of two and three
story structures but maintain the more desirable A-1 with a 50
percent F.A.R.
849
City Council Minutes
December 7, 1995
Page 850
The project is proposed to have a perimeter fence, primarily steel
pickets with brick piers and portions of solid brick. The developer
requests to use the solid portions of the fence as the rear wall of
garages. Since the zoning ordinance normally requires a 15-foot
minimum setback, the Commission approved a condition allowing
the reduced setback.
The project should have little or no additional effect on traffic in
the area other than that anticipated by the existing commercial
zoning.
The Planning and Zoning Commission recommended this zone
case with three conditions:
A combination brick and wrought iron picket security fence
may occupy the perimeter of the site on the property line (with
zero setback), except that any fence or other obstructions in the
future drainage easement along 53rd Street shall be subject to
review and approval by the City Engineer.
The fence will maintain the required 25-foot vision triangle at
street intersections. In addition, the fence will have wrought
iron pickets with brick piers along the side of the vision triangle
and for a distance of at least 25 feet along each street from the
vision triangle.
The perimeter fence may be the rear wall of garages where a
solid brick fence is used (the setback will be reduced to less
than the required 15 feet).
Staff supported the recommendation of the Planning & Zoning
Commission, with consideration for adding a condition allowing
the structures within the interior of the parcel to be three story.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on first reading Ordinance #9865
with conditions as recommended by P&Z and City staff. Motion
carried: 7 Yeas; 0 Nays.
(27.) Zone Case No. 2718-A (6506 and 6508 4th Streeter Hold a
public hearing to consider request of Don Osborne (for Kurion
Development Company) for a zoning change from R-2 to A-2
limited to a personal care facility on Lots 212 and 213, Terra
Estates North Addition, and to consider ordinance.
ORDINANCE #9866
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2718-A; A ZONING CHANGE FROM R-2 TO A-2
ZONING ON LOTS 212 & 213, TERRA ESTATES NORTH ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
850
City Council Minutes
December 7, 1995
Page 851
Mayor Langston opened the public hearing at 10:39 a.m. Don
Osborne appeared on behalf of Kurion Development Company to
present this request for zone change from R-2 to A-2. No one
appeared in opposition. Mayor Langston closed the hearing at
10:40 a.m.
Randy Henson, Senior Planner, presented staff comments. This
request would extend A-2 for a personal care facility two lots
west. Mr. Henson gave the adjacent land use relationships as
follows:
North - single-family
South - 4th Street
East - personal care facility
West - R-2, vacant
The proposed use does not reflect the current commercial policy
noted on the Comprehensive Land Use Plan for a strip of
commercial along 4th Street. The proposed zoning does create a
more compatible neighbor for the residential development to the
north. The north lot line of this request is the city limit.
The request is compatible with zoning policy. The project should
have little effect on traffic on 4th Street.
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 R-2 uses.
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
#9866 with condition as recommended by P&Z and City staff.
Motion carried: 7 Yeas; 0 Nays.
(28.) Zone Case No. 2303-A (west of West Loop 289 and south of
11th Place) --Hold a public hearing to consider request of Fred
Wilson. Jr., (for LBB Mgmt, Inc.) for a zoning change from A-
1 to C-4 Specific Use limited to model home sales and office
and all permitted GO uses on a tract out of Section 9, Block JS
and to consider ordinance.
ORDINANCE #9867
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2303-A; A ZONING CHANGE FROM A-1 TO C-4
SPECIFIC USE ZONING LIMITED TO MODEL HOME SALES AND OFFICE, ON A
TRACT OUT OF SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
851
City Council Minutes
December 7, 1995
Page 852
Mayor Langston opened the public hearing at 10:42 a.m. Fred
Wilson appeared on behalf of LBB Mgmt., Inc., to present this
request for zone change from A-1 to C-4 Specific Use. No one
appeared in opposition. Mayor Langston closed the hearing at
10:49 a.m.
Randy Henson, Senior Planner, presented staff comments. The
business will display ready -built homes on the site and have a sales
office. No construction will take place at this location. The
Zoning Code lists "mobile home sales" and "portable building
sales" in the C-4 District, which are the comparable uses driving
the need for C-4 by this request. The proposed "GO" will also
zone the land for office uses in the future if the display of ready -
built homes discontinues.
The area will have a residential appearance and the density of
display homes will be less than the existing zoning for townhomes
would allow. Mr. Henson gave the adjacent land use relationships
as follows:
North - vacant, zoned R-1 (advertised as potential
commercial by an on -site sign)
South - residential
East - Loop 289
West - vacant, zoned for garden homes
The Comprehensive Land Use Plan notes this area as residential,
and the existing zoning is A-1 limited to townhomes or
gardenhomes. The request represents a minor change to the
Comprehensive Land Use Plan. Because of the unique character of
the proposed use, the request should be in keeping with the
objectives of the Plan. A zone case would be required for any use
other than the display of homes and the Garden Office zoning that
is included in this request. The site plan is acceptable for zoning
policy. A condition approved by the Commission notes that a
portion of the parking area and drives is gravel versus asphalt,
which will help reduce the commercial appearance of the area.
The proposal will have little effect on traffic in the area.
The Planning and Zoning Commission recommended approval of
this request subject to the following conditions:
Limited to model home sales and office and all unconditionally
permitted GO uses.
Gravel parking and walkways are indicated on site plan 2303-
A.
Staff supported the recommendation of the Planning & Zoning
Commission.
Motion was made by Councilmember Sitton, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9867 with conditions as recommended by P&Z and City staff.
Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was
absent from the City Council Chambers.
852
City Council Minutes
December 7, 1995
Page 853
(29.) Zone Case No. 1837-D (southeast corner of Frankford and
Erskine) --Hold a public hearing to consider request of Ken
Flagg (for McDougal Construction) for a zoning change from
C-2 to R-2 (for duplexes) on Tract B, Horizon West Addition,
and to consider ordinance.
ORDINANCE #9868
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1837-D; A ZONING CHANGE FROM C-2 TO R-2
ZONING ON TRACT B, HORIZON WEST ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:54 a.m. Ken
Flagg appeared on behalf of McDougal Construction to present this
request for zone change from C-2 to R-2. No one appeared in
opposition. Mayor Langston closed the hearing at 10:58 a.m.
Randy Henson, Senior Planner, presented staff comments. Mr.
Henson gave the adjacent land use relationships as follows:
North - vacant, zoned commercial
South - single family
East - duplex homes
West - commercial
The Comprehensive Land Use Plan, as well as the current zoning,
identifies this corner as commercial. The east half of the tract was
rezoned to R-2, along with a minor Plan change, several years ago.
With the adjacent commercial zoning in place, a zone change
argument will not develop when the owners of those properties
choose to proceed with commercial development after these duplex
units are occupied. At some point in the future, Frankford and
Erskine will be a pair of five- or seven -lane thoroughfares.
Right-of-way is being dedicated for a seven -lane facility.
The Planning and Zoning Commission recommended approval of
this request subject to the following condition:
The utility easement or alley along Frankford Avenue shall be
screened from Frankford with a fence with a leave out for a curb
return to Frankford.
Staff supported the recommendation of the Planning & Zoning
Commission.
Motion was made by Councilmember Sitton, seconded by
Councilmember Ince to pass on first reading Ordinance #9868 with
condition as recommended by P&Z and City staff. Motion carried:
6 Yeas; 0 Nays--Councilmember Patterson was absent from the
City Council Chambers.
853
City Council Minutes
December 7, 1995
Page 854
(30.) Zone Case No. 2766 (5501-5505 34th Street) --Hold a public
hearing to consider request of Rev. Renae Phillips for
Metropolitan Community Church) for a zoning change from
R-1 to A-2 limited to church and church -related uses. a
.personal care facility or an adult day care facility on Tract B,
Sagemont Addition, and to consider ordinance.
ORDINANCE #9869
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2766; A ZONING CHANGE FROM R-1 TO A-2
ZONING, LIMITED TO A CHURCH, A PERSONAL CARE FACILITY OR AN
ADULT FOSTER/DAY CARE FACILITY, ON TRACT B, SAGEMONT ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:04 a.m. Rev.
Renae Phillips appeared on behalf of the Metropolitan Community
Church to present this request for zone change from R-1 to A-2.
No one appeared in opposition. Mayor Langston closed the hearing
at 11:06 a.m.
Randy Henson, Senior Planner, presented staff comments.
Metropolitan Community Church has a contract to sell to a family
who will operate a personal care facility and/or adult day care
center on the property. The church is seeking to move to a larger
facility. One part of the request will make the zoning proper for a
church. The property has a church building and a home: the home
would be converted to a personal care facility with proper permits
from the City and the State of Texas. Personal care allows
"assisted living" for handicapped persons with no direct medical
care. These facilities fill the gap between living at home and
nursing facilities. The church structure will be converted to day
care for seniors. These facilities will be licensed by the State of
Texas. In the event the day care business fails, the building will be
converted to a personal care facility with proper building permits
and state permits.
Mr. Henson gave the adjacent land use relationships as follows:
North - church
South - residential
East - residential
West - residential
The parcel meets the objectives of the Comprehensive Land Use
Plan for churches or day care facilities to be located on
thoroughfares and on the perimeter of neighborhoods.
The proposal should have little or no additional impact on traffic in
the area. The existing parking should be adequate for any
combination of uses envisioned by the person under contract to
buy the property.
854
City Council Minutes
December 7, 1995
Page 855
The Planning and Zoning Commission recommended approval of
this request subject to the following condition:
Limited to church and church related uses, a personal care
facility or an adult foster/day care.
Staff supported the recommendation of the Planning & Zoning
Commission.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Ince to pass on first reading Ordinance #9869 with
condition as recommended by P&Z and City staff. Motion carried:
6 Yeas; 0 Nays--Councilmember Patterson was absent from the
City Council Chambers.
(31.) Zone Case No 1996-F (south of 66th Street and west of
Albany --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 a personal care
facility on a tract out of Section 27 Block E-2, and to consider
ordinance.
ORDINANCE #9870
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1996-F; A ZONING CHANGE FROM A-1 TO A-2
ZONING ON A TRACT OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Pro Tern Neugebauer excused himself from the City
Council Chambers.
Mayor Langston opened the public hearing at 11:12 a.m. Bernie
Gradel 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 11:14 a.m.
Randy Henson, Senior Planner, presented staff comments. The
proposal will accommodate a new personal care facility. The north
boundary will be the new 69th/66th Street connection. Mr. Henson
gave the adjacent land use relationships as follows:
North - apartments
South - zoned A-1, vacant
East - commercial
West - garden homes, zoned A-1
The request conforms to both Comprehensive Land Use Plan
Policy and zoning policy. The request should have little effect on
traffic.
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.
855
City Council Minutes
December 7, 1995
Page 856
Staff supported the recommendation of the Planning & Zoning
Commission.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Cooke to pass on first reading Ordinance #9870
with condition as recommended by P&Z and City staff. Motion
carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent
from the City Council Chambers. Mayor Pro Tern Neugebauer
recused and excused himself from any discussion and voting on
this item.
(32.) Hold a public hearing to consider an amendment to the Zoning
Code to allow laundry and dry cleaning shops not exceeding
5,000 square feet in the C-2 District (versus the current "family
bundle laundry" definition)
ORDINANCE #9871
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY
AMENDING SECTION 29-17, ENTITLED "C-2 LOCAL RETAIL DISTRICT", TO
ALLOW LAUNDRY AND DRY CLEANING SHOPS NOT EXCEEDING 5,000
SQUARE FEET AS A PERMITTED USE AND BY AMENDING SECTION 29-18,
ENTITLED "C-3 GENERAL RETAIL DISTRICT" BY DELETING SECTION
29-18(c)(4), CLEANING, DYING TO DRY CLEANING SHOPS; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING A PENALTY AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 11:15 a.m. There
being no proponents or opponents, Mayor Langston closed the
hearing at 11:16 a.m.
Randy Henson, Senior Planner, presented staff comments. Since
the 1975 revision of the Zoning Code, laundry services have been
defined as follows in various districts:
C-1: Self-service laundry or dry cleaning pickup stations.
C2A: Self-service laundry or washateria and dry cleaning
pickup stations.
C-2: Family bundle laundry not exceeding five thousand
(5,000) square feet of gross floor area.
C-3: Cleaning, dyeing or dry cleaning shops.
C-4: Laundry, commercial.
The proposal will make an integrated laundry and dry cleaning
facility not over 5,000 square feet a permitted use in C-2 and less
restricted commercial districts (C-3 and C-4). Large commercial
operations for either dry cleaning or laundry will remain a C-4
permitted use.
The Planning and Zoning Commission recommended approval of
the proposed amendment.
856
City Council Minutes
December 7, 1995
Page 857
The staff supports the recommendation of the Planning & Zoning
Commission.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9871 as recommended by P&Z and City staff. Motion carried: 5
Yeas; 0 Nays--Councilmember Patterson and Councilmember Ince
were both absent from the City Council Chambers.
(33.) Consider Resolution #5049 authorizing the Mayor to execute a
contract with the Texas Department of Health to provide early
intervention medical treatment and psychosocial services to
local residents who have tested positive for HIV.
RESOLUTION #5049
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 Amendment No. 5 (TDH
Document No. 06000126) and all related documents by and between the City of
Lubbock and the Texas Department of Health to add a new Attachment for Bureau of
HIV and STD to fund the initiation/implementation of an early intervention medical
treatment and psychosocial services program for HIV -positive individuals, which
contracts 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 7th day of December 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
Health & Community Services
APPROVED AS TO FORM:
/s/ Clarence E. Walker
Clarence E. Walker, Assistant City Attorney
A copy of Amendment No. 5 by and between the City of Lubbock and the Texas
Department of Health is filed with Resolution No. 5049.
857
City Council Minutes
December 7, 1995
Page 858
Doug Goodman, Managing Director of Health and Community
Services, presented staff comments. Last year, the Texas
Department of Health annual contract included a section funding
the initiation/implementation of an early intervention medical
treatment and psychosocial services program for HIV positive
individuals. The FY 1994-95 contract was for $47,194. This
portion of the contract terminated on March 31, 1996.
Staff informed the State that staff did not want to renew this
contract and suggested that the South Plains AIDS Resource
Center (SPARC) be the contract agency. This was in keeping with
Council directives of not duplicating services that could be
provided by other organizations. The SPARC organization was
willing to accept this grant from the Texas Department of Health;
however, final negotiations have not been completed. The State
Health Department has requested that staff continue the contract
for three months so that the new contracts can be signed.
This is a pass through contract and no city employees will be
affected. Staff recommended the approval of this contract.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to authorize Resolution #5049 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays--
Councilmember Patterson was absent from the City Council
Chambers.
(24.) ORDINANCE #9862--Authorizing the issuance of $10,000,000
"City of Lubbock, Texas, Tax and Waterworks System
(Limited Pledge) Revenue Certificates of Obligation, Series
1995" and considering all matters incident and related to the
issuance of said Certificates.
ORDINANCE #9862
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 1995"; SPECIFYING THE
TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE
PAYMENT OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID
CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX
UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE
OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S
WATERWORKS SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY
OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING
AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION
OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN
EFFECTIVE DATE.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to accept the bid of Rauscher Pierce
Refnes for the purchase of $6,505,000 "City of Lubbock, Texas,
General Obligation Bonds, Series 1995A." Motion carried: 6
Yeas; 0 Nays--Councilmember Patterson was absent from the City
Council Chambers.
858
City Council Minutes
December 7, 1995
Page 859
Motion was made by Councilmember Ince, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9862. Motion carried: 6 Yeas; 0 Nays--
Councilmember Patterson was absent from the City Council
Chambers.
(25.) ORDINANCE #9863--Authorizing the issuance of $6,505, 000
"City of Lubbock, Texas, General Obligation Bonds, Series
1995A" and considering all matters incident and related to the
issuance of said Bonds.
ORDINANCE 49863
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1995A";
SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A
CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF
SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS,
INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT
AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT
PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Ince to accept the bid of Rauscher Pierce Refnes
for the purchase of $10,000,000 "City of Lubbock, Texas, Tax and
Waterworks System (Limited Pledge) Revenue Certificates of
Obligation, Series 1995." Motion carried: 6 Yeas; 0 Nays--
Councilmember Patterson was absent from the City Council
Chambers.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass on second and final reading
Ordinance #9863. Motion carried: 6 Yeas; 0 Nays--
Councilmember Patterson was absent from the City Council
Chambers.
(34.) Consider Resolution #5050 designating officers authorized to
sign checks for payment on behalf of the City of Lubbock
RESOLUTION #5050
WHEREAS, it would be in the public interest to designate such officers as are
empowered to sign checks for payment on behalf of the City of Lubbock; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY OF LUBBOCK:
THAT, pursuant to Sections 23 and 24 of Article IX and Section 4(f) of Article X
of Chapter 1 of the City Charter, all payroll checks and other checks issued by the City of
Lubbock shall be signed by the Mayor or Mayor Pro Tern or the City Manager or his
deputy and countersigned by the Director of Finance or his deputy unless otherwise
provided by law; and
THAT said persons and their successors are hereby authorized to execute
signature cards and such other documents as may be required to carry out the purposes of
this Resolution.
859
City Council Minutes
December 7, 1995
Page 860
Passed by the City Council this 7th day of December 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra Forte'
Debra Forte', Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
This resolution authorizes the Mayor or Mayor Pro Tem, the City
Manager or his deputy, and the Director of Finance or his or her
deputy to sign checks issued by the City of Lubbock. Sections 23
and 24 of Article IX of the City Charter do not specifically
empower the deputy to the City Manager or the deputy to the
Director of Finance to sign City of Lubbock checks. It is important
that those officers be permitted to sign checks in order to prevent
payment problems caused by changes in personnel.
Also, the City Charter requires the City Secretary to sign certain
documents. However, because Ordinance 8634 assigned the
administration of the financial affairs of the City formerly
discharged by the City Secretary to the Finance Director, it is no
longer necessary for the City Secretary to sign City of Lubbock
checks.
Staff recommended that the City Council approve this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Ince to authorize Resolution #5050 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays--
Councilmember Patterson was absent from the City Council
Chambers.
(35.) Consider appointment to Civic Lubbock, Inc. Board of
Directors.
Motion was made by Councilmember Ince, seconded by Mayor
Pro Tern Neugebauer to postpone appointing a member to the
Civic Lubbock, Inc., Board of Directors until the December 14,
1995, Regular City Council Meeting. Motion carried: 5 Yeas; 1
Nay--Councilmember Cooke. Councilmember Patterson was
absent from the City Council Chambers.
City Council Minutes
December 7, 1995
Page 861
The City Council recessed into executive session at 11:35 a.m.
(36.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
matters (City Manager).
(37.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation Building Inspection and Water
Utilities).
(38.) 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
Board of Electrical Examiners
Building Board of Appeals
Committee for Women
Drainage Criteria Advisory Committee
Housing Authority Board of Directors
Lubbock Housing Finance Corporation
Lubbock Libraries Board
Planning and Zoning Commission
South Plains Association of Governments
Structural Standards Commission
The Council reconvened into regular session.
861
City Council Minutes
December 7, 1995
Page 862
There being no further business to come before Council, motion was made by
Councilmember Patterson, seconded by Councilmember Hernandez to adjourn the
meeting at 1:50 p.m. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tern Neugebauer,
Councilmember Sitton, and Councilmember Ince were absent from the City Council
Chambers.
ATTEST:
kK ncn �'
Betty I& Johnso , City Secretary
Read and approved this the 1 Ith day of J
ATTEST:
etty . Johns i, City Secretary