HomeMy WebLinkAboutMinutes - City Council - Regular - 1/10/2002CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 10, 2002
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the loth
day of January, 2002, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:31 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Councilmember Victor Hernandez,
Councilmember Marc McDougal, Councilmember Frank W.
Morrison, and Councilmember T.J. Patterson
Absent: Mayor Pro Tern Cooke and Councilmember Nelson
CITIZEN COMMENTS
No one appeared for citizen comments.
EXECUTIVE SESSION
Mayor Sitton stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Attorney; City Manager); to discuss and
deliberate the electric rates of Lubbock Power and Light (Electric
Utilities); to discuss and deliberate on a competitive matter regarding
retail energy sales/contracts by the City of Lubbock (Electric Utilities).
to discuss pending or contemplated litigation (Police Department; Water
Utilities); and to discuss personnel matters regarding duties,
responsibilities, and/or appointments (Boards and Commissions)
7:32 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager).
( 2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, to discuss and deliberate the electric rates of
Lubbock Power and Light (Electric Utilities).
( 2A.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, to discuss and deliberate on a competitive
matter regarding retail energy sales/contracts by the City of Lubbock
(Electric Utilities).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Police Department; Water Utilities).
( 4.) 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
Building Board of Appeals
Central Business District Tax Increment
Regular City Council Meeting
January 10, 2002
Page 2
Financing Reinvestment Zone
Community Relations Commission
Neighborhood Redevelopment Commission
10:25 A.M. COUNCIL RECESSED
( 5.) Presentation regarding January 1, 2002 population estimates. David
Buckberry, Planner (10 minutes)
This item was deleted.
(6.) Presentation on the Ports -to -Plains Progress. Kevin Evans, Ports to
Plains President; Tommy Gonzalez, Assistant City Manager (10
minutes)
This item was deleted.
10:42 A. M. COUNCIL RECONVENED INTO REGULAR SESSION
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke,
Councilmember Marc McDougal, Councilmember Frank W.
Morrison, Councilmember David Nelson, Councilmember T. J.
Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney;
and Rebecca Garza, City Secretary
Absent: Councilmember Hernandez
Mayor Sitton called the meeting to order at 10:42 A. M.
(7.) Invocation by Bishop Placido Rodriguez, Lubbock Catholic Diocese.
(8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
CONSENT AGENDA (Items Nos. 9-32)
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to approve Items Nos. 9 — 32 on consent agenda
as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(9.) Approval of Minutes: December 3, 2001
Regular City Council Meeting
December 13, 2001
Regular City Council Meeting
(10.) ORDINANCE #2001-00093—Abandoning and closing a 20-foot alley
adjacent to Tract A-1-C, C.N. Hodges Addition, and a 10-foot electric
easement in Tract A-1-C, C.N. Hodges Addition to the City of
Lubbock (5120 I-27) (second and final reading).
ORDINANCE NO. 2001-00093
AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY
LOCATED ADJACENT TO TRACT A-1-D OF THE C.N. HODGES ADDITION AND
A 10 FOOT ELECTRIC EASEMENT LOCATED IN TRACT A-1-C OF THE C.N.
HODGES 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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(11.) ORDINANCE #2001-0107—Abandoning and closing a portion of 66th
Street located in Section 36, Block AK, Lubbock County, Texas (6030
66th Street) (second and final reading).
ORDINANCE NO. 2001-00107
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66TH
STREET LOCATED IN SECTION 36, BLOCK AK, 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.
(12.) ORDINANCE #2001-0108—Abandoning and closing a 20-foot
underground utility easement and a sewer line easement located in
Section 8, Block E-2, Lubbock County, Texas (4315 50th Street)
(second and final reading).
ORDINANCE NO.2001-00108
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20
FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 8, BLOCK
E-2, LUBBOCK COUNTY, TEXAS, AND A 10 FOOT SEWER LINE EASEMENT
LOCATED IN SECTION 8, BLOCK E-2, LUBBOCK COUNTY, TEXAS, 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.
(13.) ORDINANCE #2001-0109—Amending Ordinance #10121 of the City
of Lubbock Code of Ordinances to amend the City's Deferred
Compensation Plan to conform with changes in State and Federal
Law (second and final reading).
ORDINANCE NO.2001-00109
AN ORDINANCE AMENDING ORDINANCE NO. 10121 OF THE CITY OF
LUBBOCK, WHICH ORDINANCE PROVIDED PARTICULARS OF A DEFERRED
COMPENSATION PLAN FOR CITY EMPLOYEES, AND MODIFYING SAID
ORDINANCE TO PROVIDE FOR ADDITIONAL VENDORS AND TO CONFORM
TO FEDERAL AND STATE LAW.
The first reading of an Amendment to City Ordinance #10121 regarding the
Deferred Compensation Plan for City of Lubbock employees was passed at
the December 13, 2001 Council meeting. The attached ordinance to be
considered for the second reading has been changed from the ordinance
considered at the first reading. The changes were made to correct certain
administrative functions and due to further review of the IRS regulations
governing the plan.
SECTION III — ADMINISTRATION:
Section III outlines the responsibilities of the Oversight Committee and Plan
Administrator. Revisions to this section include changing the Oversight
Committee meetings to quarterly from monthly, changing the duties of the
Plan Administrator to more closely reflect the tasks actually performed and
adding a statement in 3.06 that states approval of vendor contracts are with the
consent of Council.
SECTION IV — PARTICIPATING IN THE PLAN:
This section states that deferrals through payroll deductions will begin on the
first day of a calendar month. This section was revised to begin deferrals at
the beginning of a bi-weekly pay period to correlate with the City's pay cycle.
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SECTION V — CALCULATION OF BENEFITS:
Section V was deleted. This section discussed that monies invested into the
plan by employees would be considered as assets of the City subject to claims
of the City's general creditors. The IRS regulations have changed and
Deferred Compensation funds are not the property of the City. Plan assets are
considered individual retirement accounts and are not subject to claims by
creditors.
SECTION VIII — LEAVE OF ABSENCE:
Section VIII states that a participant could continue deferrals during an
approved leave of absence with or without compensation. This sentence was
changed to read that deferrals would continue only during leaves of absence
with compensation.
Staff recommended approval of this ordinance.
(14.) Ordinance No. 2002-00001 abandoning and closing a 15-foot alley in
Block 1, G. A. Rush Addition, and a portion of Avenue P adjacent to
Block 175, Original Town Addition to the City of Lubbock (1611 151h
Street) (first reading).
ORDINANCE NO.2002-00001
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 15
FOOT ALLEY LOCATED IN BLOCK 1, G.A. RUSH ADDITION AND A PORTION
OF AVENUE P BETWEEN BLOCK 1, G.A. RUSH ADDITION AND BLOCK 175,
ORIGINAL TOWN 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.
American State Bank is in the process of replatting Block 1, G. A. Rush
Addition and Block 175, Original Town Addition for building and parking
lot development. This block of land is located between 15th Street and
16th Street, and Avenue O on the east and Paris Avenue on the west.
There is an alley and a half portion of Avenue P to be closed as part of this
replat process, a 15-foot east -west alley containing 4,054.05 square feet
and a 25-foot wide portion of Avenue P containing 6,537.69 square feet
for a total area being closed of 10,591.74 square feet. There will be a
charge for this area being closed of $2.30 per square foot taken from
adjacent land sales for a total of $24,361. These areas being closed will
remain as easements so the proponents of these closures will be charged
50% of the $24,361, or $12,180.50. They are dedicating a 3,050.16 square
foot portion of 15`h Street that has never been dedicated so a credit of
$7,015.37 will be given them for a total due the City of $5,165.13. All
utilities are in agreement with this closure.
Right -of -Way Department recommended approval of the first reading of
this ordinance.
(15.) Resolution No. 2002-R0001 authorizing the Mayor to execute an
agricultural lease with Kelly Thomas-TKT Farms (northeast corner,
FM 1585 and Milwaukee Avenue).
RESOLUTION NO. 2002-R0001
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
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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 Agricultural Lease Agreement by and
between the City of Lubbock and Kelly Thomas - TKT Farms, and all related documents. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this loth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Lease Agreement is filed with Resolution No. 2002-R0001.
This agricultural lease allows Kelly Thomas of TKT Farms to farm the
160-acre tract of land owned by the Water Utilities Department at the
northeast corner of FM 1585 and Milwaukee Avenue. This lease is for
one year.
Right -of -Way Department recommended approval of this resolution.
(16.) Resolution No. 2002-R0002 approving and authorizing publication of
notice of sale with respect to General Obligation Bonds.
RESOLUTION NO.2002-R0002
A RESOLUTION approving and authorizing publication of notice of sale with
respect to general obligation bonds.
WHEREAS, the City Council of the City of Lubbock, Texas, has determined to issue and take
bids for the purchase of general obligation bonds in the principal amount of $9,400,000 and, in
accordance with the provisions of the City's Charter, the sale of such bonds is to be advertised
in a newspaper once a week for a period of 30 days; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1: The City Secretary is hereby authorized and directed to cause a notice of sale
relating to the sale of general obligation bonds to be published once a week for a period of
thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit A
hereto attached and incorporated herein by reference as a part of this resolution for all
purposes.
SECTION 2: It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by V.T.C.A., Government Code, Chapter 551, as amended.
SECTION 3: This Resolution shall be in force and effect from and after its passage on the
date shown below.
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PASSED AND APPROVED, this January 10, 2002.
CITY OF LUBBOCK, TEXAS
/S/ WINDY SITTON
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
(City Seal)
The bonds represent the third issuance of debt as approved in an election
held on September 18, 1999. The amount of bonds approved in the
election was $37,385,000. The City expects to issue these bonds over a
five-year period in increments that are not expected to increase the tax
rate. The available capacity is estimated at $9,400,000 for the 2001-02
fiscal year.
The projects tentatively scheduled to be funded include the following:
Parks
McAlister Park development
Park Benches/Seating Area
Canyon Lakes Dam #4
Fiesta Plaza @ Buddy Holly
Rec Area
Sandlewood Neighborhood Park
Chapel Hill Neighborhood Park
West End Neighborhood Park
Smithlawn Hts Neighborhood Park
Northridge Neighborhood Park
Skyview Neighborhood Park
Irrigation/Lighting
Miller Park subsurface drainage
Parks subtotal
Amount to Total Project
be funded Cost
$839,307 $1,998,525
$176,400 $ 202,400
$350,000 $ 786,667
$334,323 $ 500,000
$339,400
$
526,000
$185,400
$
306,000
$405,400
$
526,000
$267,370
$
387,970
$341,400
$
526,000
$516,000
$
526,000
$230,000
$
807,400
$260,000
$
524,000
$4,245,000
$4,245,000 represents 28.8% of the Parks Projects total bond authorization
for the five-year period.
Streets
Amount to
Total Project
be
funded
Cost
Subdivision/Assessment & Paving
$
125,000
$ 384,384
Curb ramps
$
375,000
$2,039,107
Frankford: 82nd Street to
$2,675,000
$2,776,000
98th Street
98th Street: Frankford
$
500,000
$ 600,000
Ave. to Slide Rd.
Frankford Ave. @ 191h
$
200,000
$ 390,000
St. intersection
Dip reconstruction
$
200,000
$ 500,000
Streets subtotal $4,075,000
$4,075,000 represents 23.7% of the total bond authorization for Streets
projects.
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Traffic
Computer System design
Traffic Signal new locations
Traffic subtotal
Amount to
Total Project
be funded
Cost
$985,000
$3,432,962
$95,000
$245,000
$1,080,000
$1,080,000 represents 32.8% of the total bond authorization for Traffic
Control.
Any excess bond proceeds and all interest on unexpended bond proceeds
will be reserved and allocated only to other qualifying bond projects as
approved by City Council. Cost of issuance is budgeted to be paid out of
interest earned on bond proceeds.
As this action is the first necessary step to proceed with a bond issuance,
staff recommended passage of this resolution. Pricing date is set for
February 28, 2002.
(17.) Resolution No. 2002-R0003 approving and authorizing publication of
"Notice of Intention to Issue" and "Notice of Sale" of $6,450,000
Combination Tax & Waterworks System Revenue Certificates of
Obligation, Series 2002.
RESOLUTION NO.2001-0003
A RESOLUTION approving and authorizing publication of (i) notice of intention
to issue certificates of obligation and (ii) notice of sale with respect to
such certificates of obligation.
WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates
of obligation should be issued in accordance with the provisions of V.T.C.A., Local
Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual
obligations to be incurred for (i) improvements and extensions to the City's Waterworks
System, (ii) Lake Alan Henry improvements and (iii) professional services rendered in
connection with such projects and the financing thereof; and
WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to
give notice of its intention to issue the same in the manner and time provided by law and
deems it appropriate to publish a notice of sale with respect to such certificates of obligation;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be
published of this Council's intention to issue certificates of obligation in the principal amount
not to exceed $6,450,000 for the purpose of paying contractual obligations to be incurred for
(i) improvements and extensions to the City's Waterworks System, (ii) Lake Alan Henry
improvements and (iii) professional services rendered in connection with such projects and the
financing thereof, such certificates to be payable from ad valorem taxes and a lien on and
pledge of the net revenues of the City's Waterworks System. The notice hereby approved and
authorized to be given shall read substantially in the form and content of Exhibit A hereto
attached and incorporated herein by reference as a part of this resolution for all purposes, and
such notice shall be published in a newspaper of general circulation in the City, once a week
for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior
to the date stated therein for the passage of the ordinance authorizing the issuance of the
certificates of obligation.
SECTION 2: The City Secretary is hereby authorized and directed to cause a notice of sale
relating to the sale of certificates of obligation to be published once a week for a period of
thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B
hereto attached and incorporated herein by reference as a part of this resolution for all
purposes.
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SECTION 3: It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by V.T.C.A., Government Code, Chapter 551, as amended.
SECTION 4: This Resolution shall be in force and effect from and after its passage on the
date shown below.
PASSED AND APPROVED, this January 10, 2002.
CITY OF LUBBOCK, TEXAS
/S/ WINDY SITTON
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
A copy of Exhibits "A" and `B" is filed with Resolution No. 2002-R0003.
The proceeds from the sale of this bond issuance will be used for
improvements and extensions to the City's Waterworks System, Lake
Alan Henry improvements and costs associated with issuance of these
bonds.
The projects tentatively scheduled to be funded include the following:
Waterworks System Projects Amount to
Total Project
be funded
Cost
Water Lines ahead of Marsha Sharp $2,300,000
$2,475,000
Fwy
Lake Alan Henry Improvements $1,190,000
$2,109,938
SW Lubbock Water Distribution $2,890,000
$5,500,000
Waterworks Total $6,380,000
As this action is the first necessary step to proceed with a bond issuance,
staff recommended passage of this resolution. Pricing date is set for
February 28, 2002.
(18.) Resolution No. 2002-R0004 approving and authorizing publication of
"Notice of Intention to Issue" and "Notice of Sale" of $1,545,000
Combination Tax & Sewer System Revenue Certificates of
Obligation, Series 2002.
RESOLUTION NO. 2001-R0004
A RESOLUTION approving and authorizing publication of (i) notice of intention
to issue certificates of obligation and (ii) notice of sale with respect to such certificates of
obligation.
WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates
of obligation should be issued in accordance with the provisions of V.T.C.A., Local
Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual
obligations to be incurred for (i) improvements and extensions to the City's Sewer System, and
(ii) professional services rendered in connection with such projects and the financing thereof;
and
WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to
give notice of its intention to issue the same in the manner and time provided by law and
Regular City Council Meeting
January 10, 2002
Page 9
deems it appropriate to publish a notice of sale with respect to such certificates of obligation;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be
published of this Council's intention to issue certificates of obligation in the principal amount
not to exceed $1,545,000 for the purpose of paying contractual obligations to be incurred for
(i) improvements and extensions to the City's Sewer System and (ii) professional services
rendered in connection with such projects and the financing thereof, such certificates to be
payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's
Sewer System. The notice hereby approved and authorized to be given shall read substantially
in the form and content of Exhibit A hereto attached and incorporated herein by reference as a
part of this resolution for all purposes, and such notice shall be published in a newspaper of
general circulation in the City, once a week for two consecutive weeks, the date of the first
publication to be at least fifteen (15) days prior to the date stated therein for the passage of the
ordinance authorizing the issuance of the certificates of obligation.
SECTION 2: The City Secretary is hereby authorized and directed to cause a notice of sale
relating to the sale of certificates of obligation to be published once a week for a period of
thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B
hereto attached and incorporated herein by reference as a part of this resolution for all
purposes.
SECTION 3: It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by V.T.C.A., Government Code, Chapter 551, as amended.
SECTION 4: This Resolution shall be in force and effect from and after its passage on the
date shown below.
PASSED AND APPROVED, this January 10, 2002.
CITY OF LUBBOCK, TEXAS
/S/ WINDY SITTON
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
A copy of Exhibits "A" and `B" is filed with Resolution No. 2002-R0004.
The proceeds from the sale of this bond issuance will be used for
improvements and extensions to the City's Sewer System and to pay costs
associated with issuance of these bonds.
The projects tentatively scheduled to be funded include the following:
Sewer System Projects Amount to Total Project
be funded Cost
Sewer Lines ahead of Marsha Sharp $1,360,000 $1,485,000
Fwy
Land Application Site System $150,000 $900,000
Improvements
Se'si,er Total $1,510,000
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As this action is the first necessary step to proceed with a bond issuance,
staff recommended passage of this resolution. Pricing date is set for
February 28, 2002.
(19.) Resolution No. 2002-R0005 authorizing the Mayor to execute a
Memorandum of Lease and Consent with Pinnacle Towers, Inc.
RESOLUTION NO.2002-R0005
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Memorandum of Lease and Consent
and any associated documents between City and Pinnacle Towers, Inc., approving the
assignment of a lease agreement dated March 22, 1990, from Motorola Communications
and Electronics, Inc., to Pinnacle Towers, Inc., a copy of which Memorandum of Lease
and Consent, is attached hereto and which shall be spread upon the minutes of this
Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this loth day of January, 2001.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning (by Mark Yearwood
Sharlett Chowning, Managing Director of
Information Technology
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
A copy of Memorandum of Lease and Consent is filed with Resolution No. 2002-R0005.
The City of Lubbock holds a lease agreement with Motorola for use of a
tower facility in southeast Lubbock, which is valid until August 31, 2010.
This tower facility houses equipment used in the Police Department's data
communications system. In 2000, Motorola sold its interests in this
facility, and assigned its leases to Pinnacle Towers, Inc. This
memorandum serves as the City's consent to the assignment of the lease
with the conditions of the original contract remaining valid.
Staff recommended approval of this resolution.
(20.) Resolution No. 2002-R0006 authorizing the Mayor to execute a
professional services contract with the Museum of Texas Tech in an
amount not to exceed $4,000,000 for the provision of professional
archaeological services through December 31, 2006.
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RESOLUTION NO. 2002-R0006
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 City of Lubbock
and the Museum of Texas Tech University for archeological services for the City of Lubbock,
and all related documents. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 1 Oth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Assistant City Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0006.
The Texas Antiquities Code requires that archaeological testing, under a
state -approved permit, take place on all publicly held lands prior to
construction. The extent of required testing is directly related to the
amount of disturbance caused by the construction project. The Texas
Historical Commission (THC), which administers the antiquities code,
mandates that approved archaeologists may have no more than three active
permits at any given time.
Given these constraints, city staff has creatively found a way to streamline
this process to positively impact future construction project timelines.
Staff has negotiated a mutually beneficial contract with the Museum of
Texas Tech for the provision of archaeological services. The term of the
contract is for five years and the value will not exceed $4,000,000 over
that time period. This expense will be borne by individual projects that
are managed by various City departments. Therefore, the entire
$4,000,000 will not be spent at one time, nor will the entire cost be paid
from the General Fund.
By utilizing graduate level students, the Museum is able to provide this
service at approximately sixty percent of the cost charged by the private
sector. Furthermore, the Museum typically charges a 25 percent
administration fee for this service. Due to this long-term agreement, the
Museum has lowered its administrative fee to 15 percent for the first
million dollars, 10 percent for the next million dollars, and 7.5 percent for
the last two million dollars.
This contract will enable the Museum of Texas Tech to obtain one permit
for archaeological investigations on all City owned lands, including the
Jim Bertram Lake System. Currently, the City is required to obtain a
permit for each project site. The City will benefit due to the elimination of
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the lag time between starting a project and successfully negotiating a
contract with a state approved archaeologist. In some instances, there has
been a one -month delay as the area archaeologists close out an active
permit to make room for a new one.
The Museum's permit will include monitoring water line repairs by the
Water Department to testing as well as testing and mitigation associated
with high profile projects such as the Mackenzie Amphitheater, the new
dam that will create Vaquero Lake underneath I-27, and Fiesta Plaza.
The Museum of Texas Tech will benefit from the long-term agreement by
being able to provide consistent research projects for its graduate students.
The Jim Bertram Lake System provides the Museum with an abundance of
research potential to attract top students from around the world.
Furthermore, all artifacts recovered during the archaeological
investigations will be curated for display in the Museum of Texas Tech.
Due to these mutual benefits, the THC is expected to use this contract as a
model for other Texas cities.
Staff recommended approval of this resolution.
(21.) Resolution No. 2002-R0007 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a contract for Public
Health Services between the City and the Texas Department of
Health, pertaining to HIV prevention services.
RESOLUTION NO.2002-R0007
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for Public Health Services
between City and the Texas Department of Health (TDH Document #7560005906
200301), pertaining to HIV prevention services, attached hereto, and any associated
documents, which Contract shall be spread upon the minutes of this Council and as
spread upon the minutes of this Council shall constitute and be a part hereof as if fully
copied herein in detail.
Passed by the City Council this loth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Department Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Contract is filed with Resolution No. 2002-R0007.
Our contract with the Texas Department of Health to provide HIV
counseling services comes before the City Council annually. The total
attachment amount is $46,350, which covers salary and fringe benefits for
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Regular City Council Meeting
January 10, 2002
Page 13
one FTE, travel, supplies, equipment, and $1,540 for indirect
(administrative) costs.
The contract includes the collaborative efforts between the Health
Department, South Plains AIDS Resource Center, Catholic Family
Services, Lubbock Mental Health Mental Retardation Center, Texas Tech
University, and the Lubbock County Community Correctional Facility to
provide HIV education, prevention counseling and testing. Each agency
has a unique role in providing these services to Lubbock residents. All
agencies are needed to provide comprehensive, continuous care for
persons at risk or who are diagnosed as HIV positive. The City Health
Department provides testing and counseling services, both pre -test and
post-test, with heavy emphasis placed on education and preventive
measures.
As of December 1, 2001, Lubbock has experienced 340 total cases of
AIDS since 1983 with 190 cases resulting in death. Lubbock had 36 new
cases of AIDS reported in 1999, 29 new cases reported in 2000, and 19
cases to date in CY 2001. Lubbock had 38 new HIV -positive infections
reported in 1999, 29 cases in CY 2000, and 32 new cases to date in CY
2001.
This program fulfills the Core Mission of Public Health as it relates to
prevention and health education. Without the funding from the Texas
Department of Health contract, local public health efforts will be greatly
impaired and the risk of illness in Lubbock citizens will increase.
Staff recommended approval of this resolution.
(22.) Resolution No. 2002-R0008 authorizing the Mayor to make changes to
the City of Lubbock FY 2001-02 Operating Budget.
RESOLUTION NO. 2002-R0008
WHEREAS, Section 102.010 of the Local Government Code of the State of Texas
authorizes City Councils to make changes in budget for municipal purposes; and
WHEREAS, in accordance with the City Budget Ordinance, the City Manager is
authorized to make transfers between funds, accounts, departments or programs for City
purposes: and
WHEREAS, the City Council deems it advisable to change the budget for municipal
purposes and reallocate funds as follows; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and
directed to make the following changes to the City of Lubbock Budget for municipal
purposes:
Revenue and Expenditures in the General Fund will be changed to account for
additional sales tax revenue. This revenue will be used to fund a Security Project.
The attached Exhibit A outlines the specific changes.
SECTION 2. THAT a copy of the change made to the City of Lubbock Budget pursuant
to the Resolution shall be filed with the City Secretary and County Clerk of Lubbock as
required by law.
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Regular City Council Meeting
January 10, 2002
Page 14
Passed by the City Council this 1 Oth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte'
Debra B. Forte', Deputy City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 2002-R0008.
The events of the September 11 tragedy in New York City have again brought
into question the security of the public buildings occupied by the citizens of
Lubbock as well as City employees. In an effort to enhance the security
measures already implemented since this event, an additional capital project
will be established. This project will include the addition of cameras, bollards,
and card readers as well as metal detectors. A filtration monitoring system and
phone intercom system will also be part of the project.
The funding for this project will be made available through savings from last
fiscal year's Seal Coat Program as well as additional sales tax revenue
received in October 2001. The sales tax receipts for the month of October
came in $247,672 over budget for the month of October. The General Fund
Operating Budget will be adjusted to reflect this additional revenue. There
will also be an increase to the transfer to General Facilities and System
Improvements Capital Projects Fund. There will be no impact to the General
Fund Operating Budget.
Staff recommended approval of this resolution.
(23.) Resolution No. 2002-R0009 authorizing the Mayor of the City of
Lubbock to approve a joint application with the City of Lamesa,
Lubbock County and Gaines County for a State administered
federally funded grant for the continuation of the South Plains
Regional Narcotics Task Force.
RESOLUTION NO.2002-R0009
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 joint application with Lubbock County,
Gaines County and the City of Lamesa, Texas, for grant funding and related documents for the
State of Texas, Office of the Governor, Criminal Justice Division, for the State and Federal
assistance for operation of the South Plains Regional Narcotics Task Force to combat
narcotics and illegal substances trafficking. The City Council hereby agrees to a cash match
of $123,794.00, from the City of Lubbock to fund 25% of the Project, as required by the State
of Texas in order to be eligible to receive such State and Federal assistance; and
THAT in the event of loss or misuse of funds of the State of Texas, Office of the
Governor, Criminal Justice Division, provided pursuant to said joint application for grant
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Regular City Council Meeting
January 10, 2002
Page 15
funding, this Council assures that the funds will be returned to the Criminal Justice
Division.
Passed by the City Council this 1 Oth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Interim Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Application is filed with Resolution No. 2002-R0009.
This grant application is being made in conjunction with the Governor's
Anti -Drug Abuse Program. The 52 law enforcement agencies represented
in the South Plains region cover some 10,000 square miles and are
responsible to approximately 300,000 people located in 12 counties.
Narcotic trafficking on the South Plains should be considered multi -
jurisdictional with the success of each individual law enforcement agency
in its operation having a direct effect on criminal activity in neighboring
jurisdictions. Illegal narcotic trafficking is a regional program requiring
regional coordination.
The citizens of the 12 county region, including the City of Lubbock,
would greatly benefit from this program. By identifying transient narcotic
dealers and coordinating efforts to monitor their activities, the program
will facilitate an effective impact on the narcotic problem in the 12 county
region.
Further, the Task Force will maintain an effective communications
network with local jurisdictions concerning criminal violator activity.
This approach will be promoted by an effective coordination of
enforcement priorities and an efficient violator apprehension program
working closely with the Drug Enforcement Administration, Department
of Public Safety, County and City law enforcement agencies. The unit
would also lend investigative support to local jurisdictions.
The grant application is to be received by the Governor's Office, Criminal
Justice Division. Awards for the grant have been set for June 1, 2002.
The total request for funding is $648,287 with the City of Lubbock, City
of Lamesa, Lubbock County, and Gaines County contribution being
$162,098. This is the required cash match for the total grant.
To assure compliance with the requirements of the program, each
participating agency must sign an Interlocal Cooperation Agreement with
the City of Lubbock.
The Police Department recommended approval of this resolution.
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Regular City Council Meeting
January 10, 2002
Page 16
(24.) Resolution No. 2002-R0010 authorizing the Mayor of the City of
Lubbock to execute an Interagency Agreement for law enforcement
purposes for the investigation and prevention of narcotic and drug
related laws of the State of Texas by and between the City of Lubbock
and the City of Lamesa, Texas.
RESOLUTION NO. 2002-R00IO
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
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 Interagency Agreement to develop a
narcotics task force for law enforcement purposes, by and between the City of Lubbock and
the City of Lamesa, Texas, attached hereto, and which Agreement shall be spread upon the
minutes of the Council and as spread upon the minutes of the Council shall constitute and be
part of this Resolution as if fully copied herein.
Passed by the City Council this 1 Oth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Interim Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0010.
This Interagency Agreement is being made in conjunction with the
Governor's Anti -Drug Abuse Program. As a recipient of a Texas
Narcotics Control Program Grant, one requirement is that each
participating agency enters into an Interagency Agreement. This is to
assure compliance with the various mandates of the program placed upon
the participating agencies.
The execution of this agreement will also allow City of Lubbock Police
Officers to work outside their normal jurisdictional boundaries in
furtherance of the goals of the program, and making the enforcement
effort multi -jurisdictional.
The Police Department recommended approval of this resolution.
(25.) Resolution No. 2002-R00II authorizing the Mayor of the City of
Lubbock to execute an Interagency Agreement for law enforcement
purposes for the investigation and prevention of narcotic and drug
related laws of the State of Texas by and between the City of Lubbock
and Lubbock County.
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Regular City Council Meeting
January 10, 2002
Page 17
RESOLUTION NO. 2002-R0011
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
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 Interagency Agreement to develop a
narcotics task force for law enforcement purposes, by and between the City of Lubbock and
Lubbock County, Texas, attached hereto, and which Agreement shall be spread upon the
minutes of the Council and as spread upon the minutes of the Council shall constitute and be
part of this Resolution as if fully copied herein.
Passed by the City Council this 1 Oth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, Mayor
ATTEST:
/s/ Rebecca Garza
Becky Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Interim Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
A copy of the Agreement is filed with Resolution No. 2002-ROO11.
This Interagency Agreement is being made in conjunction with the
Governor's Anti -Drug Abuse Program. As a recipient of a Texas
Narcotics Control Program Grant, one requirement is that each
participating agency enters into an Interagency Agreement. This is to
assure compliance with the various mandates of the program placed upon
the participating agencies.
The execution of this agreement will also allow City of Lubbock Police
Officers to work outside their normal jurisdictional boundaries in
furtherance of the goals of the program, and making the enforcement
effort multi jurisdictional.
The Police Department recommended approval of this resolution
(26.) Resolution No. 2002-ROO12 authorizing the Mayor of the City of
Lubbock to execute an Interagency Agreement for law enforcement
purposes for the investigation and prevention of narcotic and drug
related laws of the State of Texas by and between the City of Lubbock
and Gaines County.
RESOLUTION NO. 2002-R0012
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
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 Interagency Agreement to develop a
narcotics task force for law enforcement purposes, by and between the City of Lubbock and
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Regular City Council Meeting
January 10, 2002
Page 18
Gaines County, Texas, attached hereto, and which Agreement shall be spread upon the
minutes of the Council and as spread upon the minutes of the Council shall constitute and be
part of this Resolution as if fully copied herein.
Passed by the City Council this 1 Oth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Becky Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Interim Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0012.
This Interagency Agreement is being made in conjunction with the
Governor's Anti -Drug Abuse Program. As a recipient of a Texas
Narcotics Control Program Grant, one requirement is that each
participating agency enters into an Interagency Agreement. This is to
assure compliance with the various mandates of the program placed upon
the participating agencies.
The execution of this agreement will also allow City of Lubbock Police
Officers to work outside their normal jurisdictional boundaries in
furtherance of the goals of the program, and making the enforcement
effort multi jurisdictional.
The Police Department recommended approval of this resolution.
(27.) Resolution No. 2002-R0013BID #269-01/RS — for LP&L Tree
Trimming — Annual Pricing (Electric Distribution).
RESOLUTION NO.2002-R0013
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 for LP&L tree trimming — annual
pricing, by and between the City of Lubbock and Provco of Yuba City, California, and related
documents. Said contract is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Regular City Council Meeting
January 10, 2002
Page 19
Passed by the City Council this 1 Oth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-ROO13.
This bid will provide for the services required to trim and or remove trees
interfering with LP&L lines. The contract will cover 743 miles of
overhead distribution and transmission electric lines. Contractor shall
supply one 2-man crew with one aerial truck with hydraulic chip dump
box, brush chipper and two chain saws and one 4-man crew with aerial
truck with hydraulic dump box, and one non -aerial split dump truck, bush
chipper, one pickup and three chain saws.
The low bid is $287,740 from Environmental Professional Associates dba
PROVCO of Yuba City, California and is within the Electric Distribution
Customer Service -Special Projects budget.
(28.) Resolution No. 2002-R0014/BID #280-01/RS — for Lubbock Police
Department Emergency Equipment (Fleet Services).
RESOLUTION NO.2002-ROO14
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 Purchase Order per ITB #280-01/RS for
Lubbock Police Department emergency equipment, by and between the City of Lubbock and
Big Country Supply of Abilene, Texas, and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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Regular City Council Meeting
January 10, 2002
Page 20
Passed by the City Council this 1 Oth day of January, 2002.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-ROO14.
This bid is for the purchase of new emergency equipment to be installed
on new city police cars used by the Lubbock Police Department.
The low bids are from the following companies:
Big Country Supply of Abilene, Texas $75,669.60
Galls, Inc. of Lexington, Kentucky $11,586.72
Emergency Vehicle Equipment Company of
Port Neches, Texas $ 9,939.84
Adamson Industries Corporation Lawrence, Massachusetts $ 5,712.00
Fleet Safety Equipment, Inc. of Houston, Texas $ 4,800.00
Lubbock Fire Extinguisher Service of Lubbock, Texas $ 1,248.00
The low bids total $108,956.16 and is within the Capital Outlay -Fleet
Replacement Motor Vehicle budget.
(29.) Resolution No. 2002-R0015/BID #281-01/RS — for Police Department
Firing Range Fence (Facilities Management).
RESOLUTION NO. 2002-ROO15
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 Purchase Order per ITB #281-01/RS for
police department firing range fence, by and between the City of Lubbock and Maner Bros.
Supply, Inc. of Lubbock, Texas, and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
em
Regular City Council Meeting
January 10, 2002
Page 21
Passed by the City Council this 10th day of January, 2002.
/S/ WINDY SITTION
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0015.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this loth day of January, 2002, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Maner Bros. Supply, Inc. of the City of Lubbock, County of Lubbock, and
the State of Texas, herein 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 #281-01/RS —Police Department Firing Range Fence - $29,648.00
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 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 bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
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Regular City Council Meeting
January 10, 2002
Page 22
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/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ George Lisenbe
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Tod Anderson
CITY OF LUBBOCK, TEXAS
(OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Maner Bros. Supply, Inc.
By: /s/ Deonna Anderson
PRINTED NAME: Deonna Anderson
TITLE: President
COMPLETE ADDRESS:
Maner Bros. Suppy, Inc.
9801 Beaufort
Lubbock, TX 79424
This project will provide for the installation of approximately 4,214 linear
feet of six-foot chain link fence. The installation will be along the west,
north and east sides of the Police Department Firing Range. The south
portion of the range was fenced during the main range construction
proj ect.
The low bid is $29,648 from Maner Brothers Supply, Inc. and is within the
Building Capital Outlay -Police Department Firing Range budget.
(30.) Resolution No. 2002-R0016/BID #290-01/RS - for Full Size Cargo Van
(Fleet Services).
RESOLUTION NO. 2002-RO016
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 Purchase Order per ITB #290-01/RS for a
full size cargo van, by and between the City of Lubbock and All American Chevrolet of
Slaton, Texas, and related documents. Said Purchase Order is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Regular City Council Meeting
January 10, 2002
Page 23
Passed by the City Council this 1 Oth day of January, 2002.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0016.
This bid will provide for the procurement of three full size cargo vans for
the Animal Control Department.
The low bid is $49,290 from All American Chevrolet of Slaton, Texas and
is within the Capital Outlay -General Fund budget.
(31.) Resolution No. 2002-R0017BID #291-01/RS — for 32,000 Pound
GVWR Truck Cab & Chassis (Fleet Services).
RESOLUTION NO. 2002-ROO17
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 Purchase Order per ITB #291-01/RS for a
32,000 pound GVWR truck cab & chassis, by and between the City of Lubbock and Dallas
Freightliner of Dallas, Texas, and related documents. Said Purchase Order is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 1 Oth day of January, 2002.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
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Regular City Council Meeting
January 10, 2002
Page 24
A copy of the Purchase Order is filed with Resolution No. 2002-R0017.
This bid will provide for the procurement of one heavy-duty truck cab and
chassis for the Solid Waste Department.
The low bid is $46,530 from Dallas Freightliner of Dallas, Texas and is
within the Capital Outlay -Solid Waste Fund budget.
(32.) Resolution No. 2002-R0018/BID #302-01/RS — for Mechanical Track
Boring Unit (Electric Distribution).
RESOLUTION NO. 2002-R0018
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 Purchase Order per ITB #302-01/RS for a
mechanical track boring unit, by and between the City of Lubbock and Ditch Witch Southwest
of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council this 1 Oth day of January, 2002.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0018.
This bid is for a mechanical track -boring unit for LP&L Underground
Electric Distribution.
The low bid is $131,209.75 from Ditch Witch Southwest of Lubbock,
Texas and is within the Capital Outlay budget.
Staff recommended award of each bid to the bidder as indicated on the tab
sheets and award of each contract as shown on the resolutions.
REGULAR AGENDA
(33.) ORDINANCE #2001-00104—ZONE CASE NO. 2437-E (west of
Homestead Avenue and north of 82nd Street): Request of Paula
Ammons (for Master Cleaners) for a zoning change from A-2 to C-3
on an unplatted 3.75-acre tract of land out of Section 29, Block AK
(second and final reading).
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Regular City Council Meeting
January 10, 2002
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ORDINANCE NO. 2001-00104
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2437-E; A ZONING CHANGE FROM A-2 TO C-2
AND C-3 SPECIFIC USE ZONING ON AN UNPLATTED 3.75 ACRE TRACT OF
LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
The request is to rezone property currently zoned for church and church
related. The proposed zoning district is C-3.
Adjacent land uses:
North
— elementary school
South
— commercial
East —
church
West —
church zoning
The request represents a minor change to the Comprehensive Land Use
Plan. The recommendation of the request by the Planning Commission
includes that the north and south sides of 82nd from the corner of
Frankford west to the intersection of Huron be illustrated as commercial
on the Plan. This configuration will match the commercial zoning on the
south side of 82nd Street. While the proposed Plan change is not within
the pattern of a 660-foot dimension along 82nd, the total allotment of land
to commercial on each corner is still within reason. In addition, the shape
of the commercial areas at this intersection is dictated by earlier platting of
residential in a manner that will not allow the standard ten -acre, 660 foot
by 660 foot format.
During the Council public hearing, an incomplete presentation by staff
caused some misunderstanding. While the zoning request to C-3 is fairly
routine (the property south of 82nd at this location is currently C-3),
discussion of curb cut locations on both 81 st and 82nd remain to be
resolved during the second reading.
81 st Street: The Zoning Code requires a screening fence between
commercial and adjacent residentially zoned property, which is a Frenship
school site in this case. The staff is of the opinion that the bulk of the
commercial should be screened from the school. Since the commercial
property owners desire to have access from 81 st, the staff discussed the
following with the Planning Commission:
• Allow the east 100-foot lot to remain unfenced, with one
curb cut to 81 st Street.
• Require that a twenty -foot public access easement be
dedicated on the north side of the lots adjacent to 81st
Street, as they are platted.
• No additional curb cut shall be allowed to 81 st Street
except within the west 100 feet of the north line of the lots
along 81 st, in the vicinity of Huron.
The Council requested that staff visit about the curb cuts with someone
from the Frenship District. Randy Henson contacted John Thomas, the
Superintendent, and described the situation by phone with a follow-up
reminder several days later. To date, Mr. Thomas has yet to come by to
view the proposed site plan. After school starts, staff will continue to
solicit a response.
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Regular City Council Meeting
January 10, 2002
Page 26
While the Planning Department expressed some concern about curb cuts
on 81 st Street because of the school, the proposal for only two would be a
compromise and the proposed locations do not interfere with the main
drives at the school. If residential development were across the street
from the school, there would be a curb cut every 60-70 feet. The school
should not expect to have a total exclusion of curb returns across the
street.
During the Planning Commission meeting, after extensive discussion
about allowing a curb cut on the two end lots (even with an access
easement between) and not allowing direct access to all of the future lots,
the Planning Commission concluded that no curb cuts to 81 st Street would
be most equitable to the commercial owners and would solve the potential
for congestion on 81st Street adjacent to the school. Their discussion
seemed more concerned about equity to the interior lots versus a
compromise. The church, which is the current owner of all of the lots, is
in agreement with the proposed compromise.
82nd Street: Lost in the shuffle of discussion on 81 st, the staff had
presented a suggestion of only one curb cut per 100 feet along 82nd Street,
to match the conditions of a zone case on the south side. Since the lots are
going to be fairly small (100-150 feet), the current allowance of two cuts
per lot would create congestion on 82nd Street. As a substitute for the
condition recommended by the Commission, the proponent and staff are
suggesting consideration of a condition allowing one curb cut per lot, plus
one shared curb cut per pair of lots. If the lot sizes are 90-100 feet, there
will be a total of six cuts versus the eight normally allowed. If the future
lot sizes are larger, fewer will be permitted and even less congestion will
occur. With the future individual businesses being small (as contrasted to
a shopping center level of traffic), the congestion on 82nd should be
minimum.
Regarding curb cuts, the Planning and Zoning Commission
recommendation and first Council reading of this request includes the
following conditions:
I . That there be a twenty-five foot setback from 81 st Street.
2. That there be a screening fence on 81 st Street.
3. That there be no curb cuts on 81 st Street.
4. That there be one curb cut per 100 feet on 82nd Street.
In addition to the case being Specific Use allowing a twenty-five foot
setback from 81 st Street, the staff recommended amendment of the
proposed ordinance conditions noted above as:
1. That the east 100 feet of the screening fence on 81 st Street
shall not be required, allowing one curb cut to 81 st Street.
2. A twenty -foot public access easement shall be dedicated on
the north line of all the lots from the east boundary of this
case to the bend in 81 st Street in the vicinity of Huron.
3. That no additional curb cut shall be allowed to 81 st Street
except with the west 100 feet of the north line of the lots, in
the vicinity of Huron.
4. That each development lot shall be allowed one curb cut to
82nd Street, in addition to one shared drive between pairs
of development lots.
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Regular City Council Meeting
January 10, 2002
Page 27
Randy Henson spoke for staff.
Councilmember Hernandez arrived.
Nick Mountos represented Saint Andrew Greek Orthodox Church and
spoke in opposition of the zoning change as he felt it would have a
negative impact on the property of the church.
Motion was made by Councilmember Morrison, seconded by
Councilmember McDougal to pass on second reading Ordinance No.
2000-00104 as recommended by staff with the amendment that Master
Cleaners lot be changed to C-3 specific use and the remainder of section
be changed to C-2. Motion carried: 7 Yeas, 0 Nays.
Mayor Sitton then recognized Ms. Becky Wooten, teacher and a group of
sixth (6`h) grade students from Smyer Elementary who were attending the
council meeting.
PUBLIC HEARINGS
ZONING
(34.) Ordinance No. 2002-00002/ZONE CASE No. 2924 (602 3rd Street,
610 3rd Street, 707 3rd Street, 709 3rd Street, 711 3rd Street, 713 3rd
Street, 715 3rd Street and 717 3rd Street): Hold a public hearing to
consider request of Watson Sysco Food Services, Inc. for a zoning
change from R-3 to IHC on Lots 1 through 6, Block 4, Liff Sanders
Addition; Block 1, Covington Addition; Block 3, Spikes Addition and
a closed street, and to consider ordinance.
ORDINANCE NO.2002-00002
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2924; A ZONING CHANGE FROM R-3 TO IHC
ZONING ON LOTS 1 THRU 6, BLOCK 4, LIFF SANDERS ADDITION; BLOCK 1,
COVINGTON ADDITION; BLOCK 3, SPIKES ADDITION AND A CLOSED
STREET, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared
on behalf of Watson Sysco Food Services, Inc. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:17 a. in.
Randy Henson, Senior Planner, presented staff comments.
Watson Foods is proposing an expansion of the warehouse and frozen
food lockers that are located to the north. Watson has been a long time
commercial resident in this area, and the proposed zone case will enable a
large expansion of the operation.
Adjacent land uses:
North — commercial
South — commercial and nonconforming residential
East — commercial
West — commercial
The request is consistent with the Comprehensive Land Use Plan and
zoning policies. The project includes a plat proposing to close a number
of streets in the area to combine the old blocks into a contiguous land area.
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Regular City Council Meeting
January 10, 2002
Page 28
The proposal should not have a negative effect on the thoroughfare
system.
The Planning and Zoning Commission recommended approval of this
ordinance.
Staff supported recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2000-
00002 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(35.) Ordinance No. 2002-00003/ZONE CASE NO. 1448-G (3701 50th
Street): Hold a public hearing to consider request of South Plains
Investment Co., LTD for a zoning change from C-2 to C-3 on Lot A-1,
Rothwebb Addition, and to consider ordinance.
ORDINANCE NO. 2002-00003
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1448-G; A ZONING CHANGE FROM C-2 TO C-3
ZONING ON LOT A-1, ROTHWEBB ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared
on behalf of South Plains Investment Co., LTD. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:17 a. in.
Randy Henson, Senior Planner, presented staff comments.
The parcel is the former location of Woolworths and later Builders Square.
When the property was developed, the department store, discount center
and family center permitted uses were in the C-2 District. When the
current Code was adopted in 1975, those uses were placed in the C-3
District. As such, the stores were legal nonconforming after 1975. Since
the building supply business has been gone for more than one year, the
nonconforming status of the property has lapsed. The owner is requesting
that the zoning district be adjusted to fit the needs of the building.
Adjacent land uses:
North
commercial
South
— residential
East —
commercial
West
— commercial and residential
The proposal is consistent with both the Comprehensive Land Use Plan
and zoning policies. There are no plans for structural changes on the
parcel and parking meets the current Code requirements for C-3. One
adjacent resident asked questions during the meeting and seemed satisfied
with the proposal.
The proposal should have no additional effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
ordinance.
Staff supported recommendation of the Planning Commission.
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Regular City Council Meeting
January 10, 2002
Page 29
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2000-
00003 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(36.) Ordinance No. 2002-00004/ZONE CASE NO. 1875-T (6625 West
19th Street): Hold a public hearing to consider request of Joe Menaldi
to amend the conditions of Ordinance No. 8565 on Lot 4,
Commander's Addition, and to consider ordinance.
ORDINANCE NO.2002-00004
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1875-T; AMEND THE SITE PLAN CONDITION OF
ORDINANCE NO. 8565; TO ALLOW A USED FURNITURE STORE AND
GAMEROOM AS PERMITTED USES ON LOT 4, COMMANDERS ADDITION,
LUBBOCK, TEXAS; TO AMEND ORDINANCE 8565; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared
on behalf of Joe Menaldi. No one appeared in opposition. Mayor Sitton
closed the hearing at 11:17 a. in.
Randy Henson, Senior Planner, presented staff comments.
The current zoning ordinance on this parcel allows C-4 with a list of
prohibited uses. The proponent is requesting amendment of the current
ordinance to remove several uses from the prohibited list, gamerooms in
particular.
Adjacent land uses include:
North
— commercial
South
— manufactured home park
East —
commercial
West
— commercial
The proposal is consistent with the Comprehensive Land Use Plan.
The primary zoning discussion is the advisability of removing the
prohibited uses. The list is similar to a number of zone cases outside Loop
289 on west 19th Street. The current zoning is C-4 with the following
prohibited uses (Ordinance 8565):
• Automobile body shops
• Billboards
• Commercial private clubs and teenage clubs
• Dancehall
• Feed store
• Furniture store
• Gameroom, pool billiard or domino parlor
• Motorcycle shop
• Public kennel
• Second-hand good (sic) store or pawn shop
• Used car lot
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Regular City Council Meeting
January 10, 2002
Page 30
A subsequent ordinance allowed gamerooms when the facility was in
conjunction with a restaurant.
The application indicates the desire to remove the furniture store;
gameroom portion of the gameroom, pool, billiard or domino parlor;
motorcycle shop and second-hand good store or pawnshop.
A gameroom is open in the strip center currently because of a
miscommunication or misunderstanding regarding the proposed location
when the permit was requested. The commercial area to the north of 19th
is zoned correctly for the gameroom, and the error was due to a
presumption that the building on the north side was the intended location.
As noted, the gameroom prohibition as well as three others was included
for amendment. In terms of past zone case discussions and amendments
along west 19th Street, the staff and Planning Commission are not
opposed to the removal of the furniture store (the term actually should be
"furniture store, used"), and gameroom from the prohibited list.
An inquiry from an adjacent property owner indicates concerns about
allowing the gameroom and the motorcycle shop. The representative
expressed concern about lights and noise of the new business and the
effect on the future development of the trailer park. The Commission
pointed out that there is a second row of commercial buildings between
the new business and the vacant land to the south, and that the new
business location is not visible from the trailer park or undeveloped area.
The representative reiterated that the owner of the trailer park is in
opposition to allowing the gameroom.
The staff is of the opinion that the second hand good(s) store or pawnshop
and motorcycle shop are not in keeping with the balance of uses along the
street, or at least the objective of future uses on this major entryway to
Lubbock.
If approved, the new prohibited list would be:
• Automobile body shops
• Billboards
• Commercial private clubs and teenage clubs
• Dancehall
• Feed store
• Pool, billiard or domino parlor (gameroom permitted)
• Motorcycle shop
• Public kennel
• Second hand goods store or pawn shop
• Used car lot
The proposed change should have no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
ordinance.
Staff supported recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2000-
00004 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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Regular City Council Meeting
January 10, 2002
Page 31
(37.) Ordinance No. 2002-00005/ZONE CASE No. 1917-E (307 Frankford
Avenue): Hold a public hearing to consider request of Kendall
Howard (for Westwind Mini -Storage & U-Haul) for a zoning change
from C-3 to C-4 to allow for truck/trailer rental and all
unconditionally permitted C-3 uses on Tract N, Westwind Addition,
and to consider ordinance.
ORDINANCE NO. 2002-00005
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1917-E; A ZONING CHANGE FROM C-3 TO C-4
ZONING TO ALLOW FOR TRUCK/TRAILER RENTAL AND ALL
UNCONDITIONALLY PERMITTED C-3 USES ON TRACT N, WESTWIND
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared
on behalf of Westwind Mini -Storage & U-Haul. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:17 a. in.
Randy Henson, Senior Planner, presented staff comments.
The proponent recently developed the parcel east of this request as a mini -
warehouse project. At that time, the entire parcel was zoned C-3. In
conjunction with the storage locker business he began leasing lease trucks
and trailers from a national franchise, but the current C-3 zoning does not
accommodate that as a permitted use. The request is to allow the
truck/trailer rental as the only permitted use from C-4 and the current C-3
list of permitted uses.
Adjacent land uses include:
North
— residential
South
— commercial
East —
commercial
West
commercial
As commercial, the proposal is reasonably consistent with the
Comprehensive Land Use Plan. The Plan advocates C-4 only on regional
streets (Frankford is a Farm to Market). In addition, the full impact of C-4
is diminished by the proposal to allow only one permitted use from C-4.
Regarding zoning policy, most of the recent cases allowing truck/trailer
rental have required that only one or two units be displayed adjacent to the
street. The remainder of the units should be stored either in the mini -
warehouse compound or in the parking lot for the existing office (which is
approximately 100-feet from Frankford), and the business owner should
propose a maximum number of units to be located on the property.
The smaller rental lots have never caused much concern. The large, full
service rental lots with a huge inventory have caused visual and clutter
issues at other locations in town. One adjacent resident asked questions
and seemed satisfied with the request. The area where the trucks are to be
parked will be paved and an extension of the screening fence will be
made.
The Planning and Zoning Commission recommended approval of this
ordinance subject to the following conditions:
1. The property shall be zoned C-4 limited to truck/trailer
rental and all permitted C-3 uses.
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Regular City Council Meeting
January 10, 2002
Page 32
2. A maximum of two rental units may be displayed within
100 feet of the west property line of the parcel (on
Frankford).
3. A maximum of 15 units shall be stored for lease on the
parcel.
Staff supported recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2000-
00005 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(38.) Ordinance No. 2002-00006/ZONE CASE NO. 2925 (south of 107th
Street and east of Indiana Avenue): Hold a public hearing to consider
request of John Mosser (for Roman Catholic Diocese of Lubbock) for
a zoning change from T to A-2 limited to church and church related
uses on an unplatted 12-acre tract of land out of Section 19, Block E-2,
and to consider ordinance.
ORDINANCE NO. 2002-00006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2925; A ZONING CHANGE FROM T TO A-2
ZONING LIMITED TO CHURCH AND CHURCH RELATED USES ON AN
UNPLATTED 12-ACRE TRACT OF LAND OUT OF SECTION 19, BLOCK E-2,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared
on behalf of Roman Catholic Diocese of Lubbock. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:17 a. in.
Randy Henson, Senior Planner, presented staff comments.
The request is for a church.
Adjacent land uses include:
North
school site
South
— vacant
East —
proposed residential
West
proposed residential
The proposal is consistent with both Comprehensive Land Use Plan and
Zoning policy. The Plan contemplates that churches should be located on
thoroughfares, on the perimeter of neighborhoods. This proposed site
meets both criteria.
The proposal should have no negative effect on the thoroughfare system
The Planning and Zoning Commission recommended approval of this
request as A-2 subject to the following condition:
Limited to a church and church related uses.
Staff supported recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2000-
00006 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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Regular City Council Meeting
January 10, 2002
Page 33
(39.) Ordinance No. 2002-00007/ZONE CASE NO. 2926 (south of 98th
Street and west of Quaker Avenue): Hold a public hearing to consider
request of Lakeridge South, L.P. for a zoning change from T to C-3,
R-1 Specific Use for garden homes and R-1 Specific Use for reduced
front setback on an unplatted 127.29 acre tract of land out of Section
16, Block E-2, and to consider ordinance.
ORDINANCE NO. 2002-00007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2926; A ZONING CHANGE FROM T TO C-3, R-1
SPECIFIC USE ZONING FOR GARDEN HOMES AND R-1 SPECIFIC USE ZONING
FOR REDUCED FRONT SETBACK SPECIFIC USE ON AN UNPLATTED 127.29
ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:16 a. m. No one appeared
on behalf of Lakeridge South, L.P. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:17 a. in.
Randy Henson, Senior Planner, presented staff comments.
The proposal is a comprehensive request on the quarter section south of
98th Street and west of Quaker.
Adjacent land uses:
North — 981" Street
South — residentially zoned
East — Quaker and nonconforming commercial
West — residentially zoned
An area adjacent to 98th is proposed as C-3. For residential, an area
centered on a cul-de-sac of Toledo is proposed as R-1 Specific Use for
garden homes while the balance of the property is proposed as R-1
Specific Use for a twenty foot front setback including a five foot minimum
setback on cul-de-sac lots.
The proposal is consistent with both the Comprehensive Land Use Plan
and zoning policy. The future C-3 development is uncertain enough that
the standard site plan review by the Planning Commission prior to a
construction permit would be an asset. As a condition attached to the plat,
the area on the south end of the plat is proposed to be redesigned by the
proponent to better fit with the future hike and bike trail along the SPS
easement on the half section. This subdivision is the first to be proposed
after the project was approved by the City Council as future linear open
space. Proposed plats along the corridor will be requested to treat the trail
as an asset rather than backing or siding up to it along the entire length.
The proposal will not affect the thoroughfare plan in a manner not
expected by a project of this size.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
1. Proposed lots 359-374 shall be garden home lots.
2. The balance of the residential lots shall provide a minimum
of a twenty -foot front setback except that cul-de-sac lots
may have a minimum of five feet of setback with the
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Regular City Council Meeting
January 10, 2002
Page 34
exception of any garage, which shall have a minimum of
twenty feet of setback.
3. On the C-3 portion, a site plan, including building
elevations showing materials, color and texture, shall be
submitted and approved by the Planning and Zoning
Commission prior to the issuance of a building permit.
Staff supported recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2000-
00007 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
MISCELLAENOUS
(40.) Ordinance No. 2002-00008 ordering the 2002 Regular Municipal
Election of the City of Lubbock; indicating those officers to be
elected; providing for an electronic voting system to be used;
establishing polling places; appointing election judges; establishing
hours for voting; adopting the sealed ballot box procedure; providing
for early voting; directing the City Secretary to give notice of the
Regular Municipal Election of the City of Lubbock; and providing an
effective date (first reading).
ORDINANCE NO.2002-00008
AN ORDINANCE ORDERING THE 2002 REGULAR MUNICIPAL
ELECTION OF THE CITY OF LUBBOCK; INDICATING THOSE OFFICERS TO BE
ELECTED; PROVIDING FOR AN ELECTRONIC VOTING SYSTEM TO BE USED;
ESTABLISHING POLLING PLACES; APPOINTING ELECTION JUDGES;
ESTABLISHING HOURS FOR VOTING; ADOPTING THE SEALED BALLOT BOX
PROCEDURE; PROVIDING FOR EARLY VOTING; DIRECTING THE CITY
SECRETARY TO GIVE NOTICE OF THE REGULAR MUNICIPAL ELECTION OF
THE CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Lubbock deems it to be in the best interest
of the citizens of the City of Lubbock to order a Regular City Election for
the election of municipal officers to be held on May 4, 2002, pursuant to
the Texas Election Code, the Lubbock City Charter and City ordinances.
Said election shall be for the purpose of electing the following officers of
the City of Lubbock:
MAYOR (AT LARGE) 2 YEAR TERM
COUNCIL MEMBER, DISTRICT 1 4 YEAR TERM
COUNCIL MEMBER, DISTRICT 3 4 YEAR TERM
COUNCIL MEMBER, DISTRICT 5 4 YEAR TERM
An electronic voting system shall be used for this election, including early
voting. Said City general election shall be held at the places in the City of
Lubbock hereinafter designated as voting precincts and in the voting
places designated in Exhibit "A". Voting places shall be open from 7:00
a.m. to 7:00 p.m., and all electors shall vote in the precinct of their
residence unless such precinct shall be consolidated with another precinct
as indicated in Exhibit "A".
The sealed ballot box procedure established by Subchapter C, Chapter
127, Texas Election Code, shall be used for this election.
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Regular City Council Meeting
January 10, 2002
Page 35
Judges to conduct said General City Election on May 4, 2002: In the event
any named person is unable to serve for any reason, the City Secretary of
the City of Lubbock is hereby authorized and directed to make such
substitutions as may be required and to amend Exhibit "A" hereto as
required. Each presiding judge so named is authorized to appoint the
number of clerks authorized by the City Secretary of the City of Lubbock,
which number shall not be less then two clerks nor more than six clerks.
The alternate judges shall serve as presiding judges in the event that the
regularly appointed presiding judge is unable to serve. The alternate
judges shall be appointed by the presiding judge to serve as one of the
clerks in the event that the regularly appointed presiding judge conducts
the election.
Early voting by personal appearance shall commence on the 17th day of
April, 2002, and end on the 30th day of April, 2002. Said early voting
shall be conducted at the locations, days and hours indicated on Exhibit
«B"
The City Secretary of the City of Lubbock is ordered to cause publication
of this ordinance ordering the General City election of municipal officers
in a newspaper of general circulation at least once no earlier than the 30th
day nor later than the loth day before election day. In addition, a copy of
this ordinance shall be posted not later than the 21 st day before election
day on the bulletin board used for posting notices of meetings of the
governing body and a notice of consolidation shall be posted not less than
20 days before election day at any polling places not consolidated at the
last previous election, which notice shall indicate the precinct of
consolidation and the location of the new polling place.
The City Secretary shall serve a duly certified copy of the ordinance upon
each of the presiding judges named in Exhibit "A" not later than the
seventh day after the signing of this ordinance or the 15th day before
election day, whichever is later.
This ordinance shall become effective upon final passage by the City
Council of the City of Lubbock.
Staff recommended approval of this ordinance.
Councilmember Cooke stepped away from the dais.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 2000-
00008 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(41.) Ordinance No. 2002-00009 amending Chapter 8 of the Code of
Ordinances of the City of Lubbock, Texas, by amending the language
of Section 8-4 with regard to voting precincts and voting places as
required by state law due to changes in voting precincts made by
Lubbock County pursuant to the order of the U.S. District Court in
the state redistricting case of Balderas v. State of Texas (ED Tex. No
6:01 CV158); providing a map of the voting precincts and districts of
the City of Lubbock; providing a savings clause; providing that all
portions of Chapter 8 not amended shall remain the same; providing
for publication; and providing an effective date (first reading).
ORDINANCE NO. 2002-00009
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE
LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCTS AND
VOTING PLACES AS REQUIRED BY STATE LAW DUE TO CHANGES IN
VOTING PRECINCTS MADE BY LUBBOCK COUNTY PURSUANT TO THE
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Regular City Council Meeting
January 10, 2002
Page 36
ORDER OF THE U.S. DISTRICT COURT IN THE STATE REDISTRICTING CASE
OF BALDERAS V. STATE OF TEXAS (ED TEX. NO 6:01CV158); PROVIDING A
MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF
LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT ALL
PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
The U.S. District Court on November 28, 2001 entered an order approving
the realignment of certain voting precinct boundaries in Lubbock County
in connection with Balderas v. State of Texas. Lubbock County on
December 10, 2001, established two new county voting precincts within
the City of Lubbock and realigned two other precinct boundaries to
comply with said Court order.
Section 42.061 of the Texas Election Code requires the City of Lubbock to
align its voting precincts with those of Lubbock County except where the
city limits line intervenes. Such changes to voting precinct boundaries
will not affect the City of Lubbock's voting districts. Certain other
changes need to be made with regard to City of Lubbock voting locations
in various city voting precincts due to unavailability of past voting
locations, redistricting, and other causes.
Subsection 8-4(a) of the Code of Ordinances of the City of Lubbock,
Texas is hereby amended to read as follows with regard to Voting Precinct
Nos. 57 and 112 and adding new Voting Precinct Nos. 115 and 116:
Voting Precinct No. 57. Beginning at the intersection of Alcove Avenue
and 19th Street; thence east along 19th Street to its intersection with
Milwaukee Avenue; thence south along Milwaukee Avenue to its
intersection with the Lehman Branch of the West Texas and Lubbock
Railroad; thence northwest along the Lehman Branch of the West Texas
and Lubbock Railroad to a point 660 feet west of the centerline of
Milwaukee Avenue, thence north along a line parallel to and 660 feet west
of the centerline of Milwaukee Avenue to a point 660 feet south and 660
feet west of the intersection of Milwaukee Avenue and 34th Street, thence
west along a line parallel to and 660 feet south of the centerline of 34th
Street to its intersection with Alcove Avenue, thence north alone Alcove
Avenue to the point of beginning. The voting place shall be St. Theresa
Catholic Church.
Voting Precinct No. 112. Beginning at a point in the north right-of-way
line of U.S. Highway 62 that is 660 feet west of the centerline of Upland
Avenue; thence north along a line (the city limits) parallel to and 660 feet
west of the centerline of Upland Avenue to its intersection with Lehman
Branch of the West Texas and Lubbock Railroad, thence southeasterly
along the Lehman Branch of the West Texas and Lubbock Railroad to a
point 660 feet west of the extension of the centerline of Milwaukee
Avenue, thence south a long a line parallel to and 660 feet west of the
extension of the centerline of Milwaukee Avenue to its intersection with
the north right-of-way line of U.S. Highway 62, thence southwesterly
along the north right-of-way line of U.S. Highway 62 to the point of
beginning. The voting place shall be consolidated with the nearest
permanent voting location in the same district until such time as a suitable
public building and population increase require the establishment of a
permanent voting location.
Voting Precinct No. 115. Beginning at a point 660 feet south and 660 feet
west of the intersection of 34th Street and Upland Avenue; thence east
along a line 660 feet south of and parallel to the centerline of 34th Street
to a point 660 feet south and 660 feet west of the intersection of 34th
Street and Milwaukee Avenue, thence south along a line 660 feet west and
parallel to Milwaukee Avenue to the intersection with the Lehman Branch
of the West Texas and Lubbock Railroad; thence northwesterly along the
36
Regular City Council Meeting
January 10, 2002
Page 37
West Texas and Lubbock Railroad to a point 600 feet west of Upland
Avenue, thence north along a line (the city limits) 660 feet west of and
parallel to Upland Avenue to the point of beginning. The voting place
shall be consolidated with the nearest permanent voting location in the
same district until such time as a suitable public building and population
increase require the establishment of a permanent voting location.
Voting Precinct No. 116. Beginning at the point of intersection of the
Lehman Branch of the West Texas and Lubbock Railroad and a point 150
feet west of the west section line of Section 37, Block AK, thence south
along a line 150 feet west of and parallel to the west section line of
Section 37, Block AK and Section 36, Block AK to its intersection with
the Seagraves Branch of the West Texas and Lubbock Railroad, thence
southwesterly along the Seagraves Branch of the West Texas and Lubbock
Railroad to a point 660 feet west of and parallel to the west section line of
Section 36, Block AK and Section 37, Block AK to its intersection with
the Lehman Branch of the West Texas and Lubbock Railroad to the point
of beginning. The voting place shall be consolidated with the nearest
permanent voting location in the same district until such time as a suitable
public building and population increase require the establishment of a
permanent voting location.
Voting Precinct No. 58. The voting place shall be consolidated with the
nearest permanent voting location in the same district until such time as a
suitable public building and population increase require the establishment
of a permanent voting location.
Voting Precinct No. 63. The voting place shall be consolidated with the
nearest permanent voting location in the same district until such time as a
suitable public building and population increase require the establishment
of a permanent voting location.
Voting Precinct No. 93. The voting place shall be consolidated with the
nearest permanent voting location in the same district until such time as a
suitable public building and population increase require the establishment
of a permanent voting location.
Voting Precinct No. 96. The voting place shall be consolidated with the
nearest permanent voting location in the same district until such time as a
suitable public building and population increase require the establishment
of a permanent voting location.
Voting Precinct No. I IL The voting place shall be the Disabled American
Veterans — Chapter 44 building, 7444 83rd Street.
Staff recommended approval of this ordinance.
Councilmember Cooke returned to the dais.
Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2000-
00009 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(42.) Resolution No. 2002-R0019 appointing five members to the Board of
Directors for the Central Business District Tax Increment Financing
Reinvestment Zone and appointing one of those as Chairman of the
Board.
37
Regular City Council Meeting
January 10, 2002
Page 38
RESOLUTION NO.2002-R0019
WHEREAS, the City of Lubbock has established the Central Business District
Tax Increment Financing Reinvestment Zone for the City of Lubbock pursuant to the
Tax Increment Financing Act ("Act") for the purpose of encouraging development and
redevelopment; and
WHEREAS, the City Council of the City of Lubbock desires to appoint five
members to the Board of Directors for the Central Business District Tax Increment
Financing Reinvestment Zone ("the Zone"); and
WHEREAS, the City Council also desires to appoint one of these members to
serve as chairman of the Board of Directors; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the following individuals who are qualified voters in the
City of Lubbock or who are at least 18 years of age and own real property in the Zone,
are hereby appointed as members of the Board of Directors for the Tax Increment
Financing Reinvestment Zone for the Central Business District of the City of Lubbock:
Merle Blosser
R. J. Givens
M. Dolores Milhous
Brent Noble
Jim Shearer
SECTION 2: THAT two of the five individuals appointed in Section 1 shall
serve a one year term and the other three individuals shall serve two year terms as
determined by drawing lots; and
SECTION 3: THAT Merle Blosser shall serve as chairman of the Board of
Directors of the Central Business District Tax Increment Financing Reinvestment Zone
until January 1, 2003; and
SECTION 4: THAT this resolution shall be effective immediately upon its
passage.
Passed by the City Council this 1 Oth day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Managing Director of Planning
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney, Office Practice
The City Council has established a Tax Increment Finance District (TIF)
for the Central Business District for the purpose of encouraging
development and redevelopment. The statute requires that the TIF be
Regular City Council Meeting
January 10, 2002
Page 39
administered by a board made up of one representative from each of the
jurisdictions that levy taxes within the TIF district and a number of
representatives appointed by the municipality.
After the City Council creates the TIF, the Board of Directors of the zone
finalizes both a Reinvestment Zone project plan and financing plan. Both
plans must be approved by both the TIF Board of Directors and by
ordinance of the City Council. The Board is responsible for administering
the TIF throughout its 20-year life span and for recommending projects to
be financed with the approval of the City Council.
The staff has recommended a total of 9 members for the board. One
member each will be appointed by Lubbock County, Lubbock County
Hospital District, the Lubbock Independent School District and the High
Plains Underground Water Conservation District, leaving 5 appointments
to be made by the City Council. The School District will not be able to
participate in the TIF, but by state statute must still have a representative
on the board. TIF Board representatives must be qualified voters of the
municipality; or at least 18 years of age and owners of real property in the
TIF zone. A list of owners of real property in the area is available in the
Planning Department should Council members wish to consult it.
The Council must also appoint one of these members to serve as Chairman
of the Board of Directors for the remainder of 2001 and all of 2002.
The staff recommended that Council appoint five members and designate
a chairperson so that final project and financing plans can be completed
during early 2002.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass Resolution No. 2000-R0019 as
recommended by staff and to appoint Merle Blosser, Chairman, R. J.
Givens, Delores Milhouse, Brent Noble and Jim Shearer to the Board of
Directors for the Central Business District Tax Increment Financing
Reinvestment Zone. Motion carried: 5 Yeas, 0 Nays. Councilmembers
Hernandez and McDougal recused themselves.
(43.) Consider one appointment to the Appointments Advisory Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Molly Manning to the Appointments
Advisory Board. Motion carried: 7 Yeas, 0 Nays.
(44.) Consider two appointments to the Citizens Traffic Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Abel Martinez and Renee
Underwood to the Citizens Traffic Commission. Motion carried: 7 Yeas,
0 Nays.
(45.) Consider eight appointments to the Community Relations
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint James Bonner Bennett, Dr. Safei
Hamed, Juan Mancias, Martha Medina, Dr. Michael Passmore, McKinley
Shepherd, Cara Speer and Gail Tutino to the Community Relations
Commission. Motion carried: 7 Yeas, 0 Nays.
(46.) Consider one appointment to the Keep Lubbock Beautiful Advisory
Committee.
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Regular City Council Meeting
January 10, 2002
Page 40
Motion was made by Councilmember Cooke, seconded by
Councilmember :Patterson to appoint Kay Phelps to the Keep Lubbock
Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays.
(47.) Consider one appointment to the Lubbock Libraries Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Christine Seger to the Lubbock
Libraries Board. Motion carried: 7 Yeas, 0 Nays.
(48.) Consider one appointment to the Park and Recreation Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Suzanne King to the Parks and
Recreation Board. Motion carried: 7 Yeas, 0 Nays.
(49.) Consider six appointments to the Urban Design and Historic
Preservation Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Don Bundock, Dr. Gail House,
Eileen Johnson, Sally Loden, Russ Plowman and Brenda Sheppard to the
Urban Design and Historic Preservation Commission. Motion carried: 7
Yeas, 0 Nays.
(50.) Consider one appointment to the Youth Commission -Students.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Anita Gutierrez to the Youth
Commission -Students. Motion carried: 7 Yeas, 0 Nays.
(51.) Consider four appointments to the Zoning Board of Adjustment.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Billie Jean Caviel, Mitchell Hankins,
Winn Sikes and Maggie Trejo to the Zoning Board of Adjustment.
Motion carried: 7 Yeas, 0 Nays.
11:21 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
1:20 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Nelson adjourned the meeting.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST -
Rebecca Garza, City Secretary
Read and approved this 13 " day of A'Za e al,— , 200Z.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
AT i ES7 :
Retie ca Garza, City Secretary
lrj'