HomeMy WebLinkAboutMinutes - City Council - Regular - 7/25/1996CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
July 25, 1996
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 25th
day of July 1996, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 10:00 A.M.
Present: Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez,
Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember
Max L. Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City
Attorney Anita Burgess, and Interim City Secretary Harold Willard.
Absent: Mayor David R. Langston.
Mayor Pro Tem Cooke called the meeting to order at 10:29 A.M.
( 1.) The Invocation was given by Marshall Harris, Pastor of New
Zion Baptist Church.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) Presentation of Certificate of Appreciation to LeRoy Montoya
for his service as member of the Board of Directors of the
Canadian River Municipal Water Authority.
According to staff comments, for the past four years, Mr. Montoya
has served as one of two Lubbock representatives on the Board of
Directors of the Canadian River Municipal Water Authority.
Mr. Montoya served the City of Lubbock with commendable
dedication and enthusiasm, and worked very hard to pursue and
promote the Conjunctive Use Groundwater Project.
Mayor Pro Tem Cooke presented Mr. Montoya a Certificate of
Appreciation.
( 4.) Keggan Luskey appeared on behalf of the 87th Place
Neighborhood to request a loudspeaker permit for July 27,
1996, in conjunction with a block party.
Keggan Luskey appeared to request a loudspeaker permit in
conjunction with a block party at the 5700 Block of 87th Place.
The request was for Saturday, July 27, from 5:00 p.m. to 10:00
p.m. Mr. Luskey attempted to petition all residents in the area and
received no opposition.
Staff recommended approval of the loudspeaker permit application.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve a loudspeaker permit as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
City Council Minutes
July 25, 1996
Page 404
(5.) Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to approve the minutes of the July 11,
1996, Regular City Council Meeting as written. Motion carried: 6
Yeas; 0 Nays.
(6.) Ordinance No. 9915--Abandoning and closing a portion of a
stormwater storage and drainage easement and portions of two
underground utility easements in Section 15, Block E-2,
Lubbock County, Texas (5110 92nd Street).
ORDINANCE NO.9915
AN ORDINANCE ABANDONING ANC CLOSING A PORTION OF A
STORMWATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION
15, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, A 6,550 SQUARE
FOOT PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN
SECTION 15, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS; AND A 1400
SQUARE FOOT PORTION OF AN UNDERGROUND UTILITY EASEMENT
LOCATED IN SECTION 15, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY,
TEXAS; EACH OF WHICH IS 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.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9915 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(7.) Ordinance No. 9916--Abandoning and closing a portion of a
20-foot public roadway in Section 17, Block E-2, Lubbock
County, Texas (4301 98th Street).
ORDINANCE NO.9916
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
PUBLIC ROAD LOCATED IN SECTION 17, BLOCK E-2, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9916 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(8.) ORDINANCE NO.9917--Zone Case No. 2776 (3413 Avenue
R)--Request of Charles Bolton (for Bolton Oil Company) for a
zoning change from R-2 to C-4 (limited to automotive repair
and detail associated with sales) on Lot 19, Stubbs
Resubdivision.
City Council Minutes
July 25, 1996
Page 405
ORDINANCE NO.9917
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1776; A ZONING CHANGE FROM R-2 TO C-4
ZONING ON LOT 19, STUBBS RESUBDIVISION, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9917 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
( 9.) ORDINANCE NO. 9918--Zone Case No. 2191B (east of
Milwaukee Avenue and north of 19th Street) --Request of
Betenbough and Company for a zoning change from R-1 to R-
1 Specific Use (garden homes) on a tract out of Section 9, Block
J-S.
ORDINANCE NO. 9918
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES; ZONE CASE NO. 2191-13; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION
9, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9918 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(10.) ORDINANCE NO. 9919--Amendment to the Sexually Oriented
Business section of the Zoning Code of Ordinances.
ORDINANCE NO. 9919
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, THE CITY OF LUBBOCK
COMPREHENSIVE ZONING ORDINANCE, SECTION 29-3 (103a), DEFINING
SEXUALLY ORIENTED BUSINESS.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9919 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(11.) ORDINANCE NO. 9920--Amending Chapter 28 of the Code of
Ordinances of the City of Lubbock regarding wastewater
collection and treatment.
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City Council Minutes
July 25, 1996
Page 406
ORDINANCE NO.9920
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
WASTEWATER COLLECTION AND TREATMENT; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9920 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(12.) ORDINANCE NO.9921--Amending Section 18-4 and 18.4.1,
Chapter 18 of the Code of Ordinances of the City of Lubbock
relating to loudspeakers and amplifiers.
ORDINANCE NO.9921
AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 18-4
THEREOF GOVERNING LOUDSPEAKERS AND AMPLIFIERS IN GENERAL AND
SECTION 18-4.1 GOVERNING MOBILE LOUDSPEAKERS; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9921 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(13.) Consider Resolution No. 5222 authorizing the Mayor to
execute a street monitor well permit with Southwest
Convenience Stores, Inc., for use of the City street parkway
(34th Street & University Avenue).
RESOLUTION NO.5222
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street/Alley And/Or City
Public Grounds Monitor Well Permit by and between the City of Lubbock and Southwest
Convenience Stores, Inc., attached hereto, and which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
U1761
City Council Minutes
July 25, 1996
Page 407
Passed by the City Council this 25th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Community Development Grant Application to the Department of Housing
and Urban Development is filed with Resolution No. 5215.
According to staff memo, this permit allows Southwest
Convenience Store's representative, Environmental Engineering
and Geotechnics, Inc., of Midland, to drill two groundwater
monitor wells in the west parkway of University Avenue near the
intersection of 34th Street and University Avenue. One well will
be located north of 34th Street approximately 50 feet and the other
south of 34th Street approximately 185 feet. These wells will give
Environmental Engineering a means of checking possible water
pollution which has occurred from previously leaking underground
fuel tanks at the Seven -Eleven Store at the southwest corner of
34th Street and University Avenue. The Texas Natural Resource
Conservation Commission has asked them to go off -site with these
monitor wells. All utilities are in agreement and the City will
receive $200 per year for these two well locations. This permit is
for twenty years, payable every five years in advance.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to authorize Resolution No. 5222 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(14.) Consider Resolution No. 5223 accepting paving improvements
constructed by Midwest Concrete, Inc., in Maranantha Church
of God Addition, Tract A.
407
City Council Minutes
July 25, 1996
Page 408
RESOLUTION NO. 5223
A RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract A,
Maranantha Church of God Addition, made arrangements with Midwest Concrete, Inc.
for the construction of paving improvements in said subdivision under the provisions of
said Ordinance prior to the recording of the subdivision plat of the above -mentioned
Addition, including the following street:
The East half of Avenue U from the South lip line of 74th Street to the
South property line of Tract A, Maranantha Church of God Addition,
known and designated as New Subdivision Sub -Unit Number 21 of Unit
Number 2037.
WHEREAS, the construction of the above paving improvements was performed
under the supervision of the City Engineer, and said improvements have been completed
and have been inspected and found to have been constructed in accordance with City
specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock
Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the said improvements BE and the same are hereby accepted
and the City Engineer BE and he is hereby authorized to notify the developer of
acceptance by the Lubbock City Council.
SECTION 2. THAT the City Engineer be authorized to direct payment to the
Contractor in the amount of $3,220.31 for the City's portion of the construction costs on
the East half of Avenue U.
SECTION 3. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 25th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
408
City Council Minutes
July 25, 1996
Page 409
According to staff memo, this is a routine acceptance of paving
improvements required at the time of platting this new subdivision.
These improvements consist of street paving and curb and gutter
on the east half of Avenue U from 74th Street to the south property
line of Tract A, Maranantha Church of God Addition.
A portion of Avenue U between 74th Street and this plat required
reconstruction to resolve an existing curb and gutter grade
problem. The City is responsible for this portion of the curb and
gutter and paving costs. Upon acceptance of this street, the City
cost will be due the contractor in the amount of $3,220.31.
Staff recommended acceptance of these paving improvements.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to authorize Resolution No. 5223 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(15.) Consider Ordinance No. 9922 changing the street name of 6th
Street, from Boston Avenue to U.S. 82, to "Drive of
Champions".
ORDINANCE NO. 9922
AN ORDINANCE CREATING AN EXCEPTION TO SECTION 24-26
OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY CHANGING
THE NAME OF 6TH STREET FROM BOSTON AVENUE TO U.S. 82 TO "DRIVE
OF CHAMPIONS", DIRECTING THE CITY ENGINEER TO REVISE THE
OFFICIAL MAP OF THE CITY AND THE MAP FOR STREET NAMING TO
REFLECT SUCH CHANGE; REQUIRING THE CITY ENGINEER TO NOTIFY ALL
GOVERNMENTAL AGENCIES OF SAID NAME CHANGE; REQUIRING THE
BUILDING OFFICIAL TO NOTIFY TO ALL BUSINESSES AND RESIDENCES
HAVING A MAILING ADDRESS UPON SAID STREET OF THE NAME CHANGE;
AUTHORIZING THE CITY TRAFFIC ENGINEER TO INSTALL THE
APPROPRIATE STREET SIGNS ALONG SAID "DRIVE OF CHAMPIONS".
According to staff memo, this item was discussed in work session
with the City Council at the July 11, 1996 City Council meeting.
The request was made by the Committee for Champions.
Although dedicated as a public street, this street is a part of the
Texas Tech campus. Only one address, for the Municipal
Auditorium/Coliseum, will be affected. This will have minimal
impact.
The proponents have secured the funding to pay the costs for the
new street name markers.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to pass on first reading Ordinance No.
9922 as recommended by staff. Motion carried: 6 Yeas; 0 Nays.
409
City Council Minutes
July 25, 1996
Page 410
(16.) Consider Resolution No. 5224 authorizing acceptance of water
and sanitary sewer improvements for Lots 1 through 40,
Frenship Hollow Addition, located 1/2 mile west of West Loop
289 and 34th Street.
RESOLUTION NO. 5224
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR LOTS 1 THROUGH 40, FRENSHIP HOLLOW ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1 through 40, Frenship Hollow Addition to the
City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article
IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water
and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $50,836.66, with the
improvements constructed by Utility Contractors of America having a value of
$33,714.68, as determined by the unit prices established by said Chapter 28, and
$17,121.98 cash paid to the City, which amount includes $16,504.35 cash for adjacent
lines, with Ron Betenbough, the developer, to receive a refund of $0.00 in accordance
with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of
deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
410
City Council Minutes
July 25, 1996
Page 411
Passed by the City Council this 25th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murphy
Michael E. Murphy, Chief Engineer,
Water Utilities
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this is a routine acceptance of water and
sanitary sewer improvements constructed in accordance with the
subdivision regulations. The total cost of the improvements is
$50,836.66, including value of construction costs of $33,714.68
and $17,121.98 cash paid to the City of Lubbock. The developer,
will not receive a refund.
This development is located 1/2 mile west of West Loop 289 and
34th Street.
Staff recommended approval of this resolution.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to authorize Resolution No. 5224 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(17.) Consider Resolution No. 5225 authorizing acceptance of water
and sanitary sewer improvements for Lots 951 through 985,
Lakeridge Country Club Addition, located north of the
northeast corner of 98th Street and Slide Road.
RESOLUTION NO.5225
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR LOTS 951 THROUGH 985, LAKERIDGE COUNTRY CLUB
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 951 through 985, Lakeridge Country Club
Addition to the City of Lubbock, Lubbock County, Texas, has complied with the
provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in
providing the water and sewer improvements for said Addition; and
411
City Council Minutes
July 25, 1996
Page 412
WHEREAS, the total utility cost to the developer is $44,876.97, with the
improvements constructed by Utility Contractors of America having a value of
$31,408.84, as determined by the unit prices established by said Chapter 28, and
$13,468.13 cash paid to the City, which amount includes $12,875.97 cash for adjacent
lines, with Larry Teaver, the developer, to receive a refund of $0.00 in accordance with
Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in
the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 25th day of July 1996
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murphy
Michael E. Murphy, Chief Engineer,
Water Utilities
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this is a routine acceptance of water and
sanitary sewer improvements constructed in accordance with the
subdivision regulations. The total cost of the improvements is
$44,876.97, including value of construction costs of $31,408.84
and $13,468.13 cash paid to the City of Lubbock. The developer
will not receive a refund.
412
City Council Minutes
July 25, 1996
Page 413
This development is located north of the northeast corner of 98th
Street and Slide Road.
Staff recommended approval of this resolution.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to authorize Resolution No. 5225 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(18.) Consider Resolution No. 5226 authorizing the Mayor to
execute a contract for the amount of $40,000 with CONTACT
Lubbock, Inc., to operate a twenty-four hour per day, seven-
day per week Information and Referral Hotline.
RESOLUTION NO. 5226
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement, and all
related documents, by and between the City of Lubbock and CONTACT Lubbock,
granting $40,000.00 of Community Services Block Grant funds to run a 24 hour per day,
7 day per week Information and Referral Service. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 25th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
According to staff memo, the City of Lubbock has been the local
recipient of the Community Services Block Grant (CSBG) for the
past 17 years. To date the City of Lubbock has been notified that
the 1996 funding level is at $175,102 or 75 percent of last year's
funding ($233,469).
413
City Council Minutes
July 25, 1996
Page 414
The City of Lubbock, through an RFP process, searched for local
non-profit agencies who would be interested in assuming the
responsibility of operating the City's Information and Referral
Hotline. In response to the RFP, two proposals were submitted.
After extensive review and evaluation by City Staff and a
Subcommittee of the Community Services Commission,
CONTACT Lubbock was selected to be the service provider for
the I & R Hotline.
CONTACT Lubbock has a 25 year history of operation in
Lubbock, Texas, as a Crisis Intervention Hotline. An integral part
of their on -going activities is information and referral. Volunteers
receive 50 hours of active listening training. As part of that
training they receive information on how to make referrals.
As part of the contract, CONTACT Lubbock has agreed to
continue to produce the Human Services Directory on an annual
basis, making it available to a variety of organizations and agencies
across the South Plains. The City of Lubbock CDNI staff will
assist them during the transition period and in the production of
next year's "Red Book". The CDNI staff will monitor this contract
on an on -going basis for both fiscal and programmatic compliance.
The proposed contract is a six-month contract which shall not
exceed $40,000 and which will terminate on December 31, 1996,
as it is funded by grant dollars. If CONTACT Lubbock is unable
to spend the entire $40,000 during the six-month period the money
will roll over into the 1997 grant year and can be used by the City
during 1997. The contract does contain a provision, however, that
allows the $40,000 award to be extended to a second and third
year, providing CSBG funding continues and providing
CONTACT Lubbock continues to meet its contractual obligations.
The proposed contract will provide continuous access to an I & R
Hotline for the citizens of Lubbock.
Staff recommended approval of this resolution.
Motion was made by Councilmember Ince , seconded by
Councilmember Hernandez to authorize Resolution No. 5226 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(19.) Consider Resolution No. 5227 authorizing the Mayor to
execute a contract for the amount of $112,102 with Catholic
Family Services, Inc., to operate a self-sufficiency pilot
program.
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City Council Minutes
July 25, 1996
Page 415
RESOLUTION NO. 5227
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement, and all
related documents, by and between the City of Lubbock and Catholic Family Services,
granting $112,102.00 of Community Services Block Grant funds to provide Self -
Sufficiency services to low-income single parents in Lubbock. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 25th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
According to staff memo, the City of Lubbock has been the local
recipient of the Community Services Block Grant (CSBG) for the
past 17 years. To date the City of Lubbock has been notified that
the 1996 funding level is at $175,102 or 75 percent of last year's
funding ($233,469).
The City of Lubbock, through an RFP process, searched for local
non-profit agencies who would be interested in developing and
operating a pilot program whose goal is financial self-sufficiency
for low-income clients. This program would use Community
Services Block Grant (CSBG) monies to assist single parents in job
training in order that they might be able to find a job that supports
their family in a manner that allows the family to remove
themselves from all financial assistance programs. CSBG monies
are eligible to be used for a wide variety of activities which will
allow the contractor's case manager the flexibility to meet the
emergency financial needs of a family which often result in an
individual being forced to drop out of job training.
In response to the RFP, two proposals were submitted. After
extensive review and evaluation by City Staff and a Subcommittee
of the Community Services Commission, Catholic Family
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City Council Minutes
July 25, 1996
Page 416
Services, Inc., (CFS) was selected to be the service provider for
this pilot project.
CFS has a long history of operation in Lubbock, Texas, as a
service provider to low-income individuals and families. Currently
they are operating a "Women's Empowerment Program" which
assists single mothers to attain certification or licensure in a health -
related field. Of the 127 women who have entered the program
since 1992, 103 have either completed their studies or are currently
enrolled. The program includes a "pay -back" system which
evergreens the original job training funds, making it possible for
CFS to assist more women.
The proposed contract is a six-month contract which shall not
exceed $112,102 and which will terminate on December 31, 1996,
as it is funded by grant dollars. If CFS is unable to spend the entire
$112,102 during the six month period the money will roll over into
the 1997 grant year and can be used by the City for services during
1997. The contract does contain a provision, however, that allows
the $112,102 award to be extended to a second and third year,
providing CSBG funding continues and providing CFS continues
to meet its contractual obligations.
The proposed contract will provide a new opportunity in Lubbock
to assist families in lifting themselves out of poverty.
Staff recommended approval of this resolution.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to authorize Resolution No. 5227 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(20.) Bid 413549A--Auditorium Roofing Project, and authorize
same (Civic Center).
RESOLUTION NO. 5229
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 between the City
of Lubbock and Port Enterprises, Inc. of Manchaca, Texas, to furnish and install all
materials and services as bid for the Auditorium Roofing Project, attached hereto and
which shall be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
416
City Council Minutes
July 25, 1996
Page 417
Passed by the City Council this 25th day of July 1996.
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 25th day of July, 1996, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and PORT ENTERPRISES, INC. of the City of Manchaca, County of Travis,
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 # 13549 - AUDITORIUM ROOFING PROJECT - $174,350.00
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.
417
City Council Minutes
July 25, 1996
Page 418
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/ Harold Willard
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith, AIA
Owner's Representative
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/ Mary Kay Barnett
(21.)
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
MAYOR
CONTRACTOR:
PORT ENTERPRISES, INC.
By: Rocky Barnett
PRINTED NAME: Rockv Barnett
TITLE: President
COMPLETE ADDRESS:
Port Enterprises, Inc.
P. O. Box 1299
Manchaca, Texas 78652-1299
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to authorize Resolution No. 5229 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
Bid #13549B--Coliseum Roofing Project, and authorize same
(Civic Center).
This item was removed from the Consent Agenda.
City Manager Bob Cass and Purchasing Director Victor Kilman
presented staff comments.
The City received six bids for the roof replacement on the
Municipal Coliseum. The low bid is $1,023,932 from Leaway
Roofing of Dallas, Texas. The bid amount includes a deduct for 32
of the ribs and Alternate #2, which is the replacement of the Metal
Wall Panel on the penthouse. Bidders were asked to submit a
deduct amount per rib, should not all of the ribs be replaced. Staff
is recommending that only eight ribs be replaced. There is a total
of 40 ribs. The structure requires that eight ribs be retained,
however 32 of them can be eliminated, which reduces the cost of
the project.
All references were favorable and this firm is authorized by the
manufacturer to apply the specified roofing system.
When specifications were developed for the Coliseum roof, staff
asked the architects to include specifications to apply composition
shingles to be bid as an alternate. The bid for these alternates
ranged from $975,000 to $1,455,000. Staff felt that the difference
in cost was minimal and that the roofing system recommended will
have a longer life expectancy. According to information provided
418
City Council Minutes
July 25, 1996
Page 419
by the architect, the manufacturer of the recommended Siplast
roofing system offers a 20 year no dollar limit warranty. While the
shingle manufacturer's offer a 30 year warranty, the warranty only
covers the cost of the shingles and that is pro -rated in the same
manner as automobile tires. In addition, the shingle
manufacturer's will not warrant their materials for blow -off when
wind speeds exceed 45 miles per hour. Staff feels that the
recommended Siplast roofing system is the best system for the
funds expended.
Motion was made by Councilmember Sitton, seconded by
Councilmember Hernandez to reject all bids. Motion carried: 6
Yeas; 0 Nays.
(22.) Bid #13561--Elevator/Escalator Maintenance Service, and
authorize same (Building Services).
RESOLUTION NO. 5231
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 between the City
of Lubbock and Schindler Elevator Corporation of Dallas, Texas, to furnish and install all
materials and services as bid for the Elevator/Escalator Maintenance Service, attached
hereto and which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 25th day of July 1996.
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
1616 � ' : GA
STATE OF TEXAS
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
419
City Council Minutes
July 25, 1996
Page 420
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 25th day of July, 1996, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and SCHINDLER ELEVATOR CORPORATION of the City of Dallas,
County of Dallas, 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 # 13561 - ELEVAOTR/ESCALATOR MAINTENANCE SERVICE - $262,363.00
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.
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/ Harold Willard
Secretary
APPROVED AS TO CONTENT:
/s/ illegible
Owner's Representative
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/ Mary Kay Barnett
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
MAYOR
CONTRACTOR:
PORT ENTERPRISES, INC.
By: Kenneth C. Segel
PRINTED NAME: Kenneth C. Segel
TITLE: Vice President -West Central Region
COMPLETE ADDRESS:
Schindler Elevator Corporation
8650 King George Drive
Dallas, Texas 75235
420
City Council Minutes
July 25, 1996
Page 421
This item was removed from the Consent Agenda.
City Manager Bob Cass and Purchasing Director Victor Kilman
presented staff comments.
This bid is for a five-year maintenance service contract for the
City's elevators and escalators located at the Civic Center,
Lubbock International Airport (LIA), Mahon Library, Municipal
Square, Municipal Building, Water Treatment Plant and LP&L.
The contract will include State required inspections and testing as
well as a required five year load test. Alternates include the
installation of electronic sensing devices and new doors on several
of the elevators and several upgrades to several of the elevators
required by the Texas Department of Licensing and Regulations.
The Elevator/Escalator Maintenance Service - Buildings Municipal
budget amount for FY95-96 is $55,000.
The City received a bid in the amount of $261,290 ($37,436 for
first contract year) from Montgomery/KONE, Inc. of Dallas, Texas
and a bid in the amount of $262,363 ($38,400 for first contract
year) from Schindler Elevator Corporation of Dallas, Texas.
The Building Services Department contacted five references of
each bidder. Schindler Elevator Corporation received all favorable
references. Montgomery/KONE received four favorable references
and one unfavorable reference. Montgomery/KONE also received
references from the City's buildings that are currently under
contract with them. These are LIA, Civic Center, Mahon Library,
Municipal Building and the Municipal Square. From these five
facilities, only one gave a favorable reference. The other four
facilities provided unfavorable references for services rendered by
Montgomery/KONE during the past five years.
Staff recommended that City Council reject the low bid from
Montgomery KONE, Inc. and award the contract to Schindler
Elevator Corporation of Dallas, Texas.
Motion was made by Councilmember Sitton, seconded by
Councilmember Hernandez to authorize Resolution No. 5231 as
recommended by staff and to award to Schindler Elevator
Corporation instead of the low bidder. Motion carried: 5 Yeas; 0
Nays-- Councilmember Patterson was absent from the City
Council Chambers.
(23.) Bid #13590-400 Watt Luminaries (Central Warehouse).
Motion was made by Councilmember Ince , seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(24.) Bid #13596--Serial Storage Architecture Subsystem Computer
Hardware (Information Services).
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
421
City Council Minutes
July 25, 1996
Page 422
(25.) Bid #13610--Groves Branch Library Landscape
Improvements, and authorize same (Park Development).
RESOLUTION NO. 5228
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 between the City
of Lubbock and David Wood Construction, Inc. of Lubbock, Texas, to furnish and install
all materials and services as bid for the Groves Branch Library Landscape Improvements,
attached hereto and which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 25th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to authorize Resolution No. 5228 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(26.) Bid #13611--Aluminum Core Steel Reinforced Wire (Central
Warehouse).
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(27.) Bid #13621--Police Vehicles (Fleet Services).
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
422
City Council Minutes
July 25, 1996
Page 423
(28.) Bid #13624--15 KV Insulated Cable (Central Warehouse).
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(29.) Bid #13642--105-Foot Aerial Platform Fire Truck (Fire
Department).
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(30.) ZONE CASE NO. 2460-M (east of Quaker Avenue and north
of 78th Street) --Hold a public hearing to consider request of
David Fleming (for Executive Golf, LTD) for a zoning change
from C-2 and C-3 to C-3 Specific Use (golf course with related
sales and service) on a tract out of Section 11, Block E-2, and to
consider ordinance.
ORDINANCE NO. 9923
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2460-M; A ZONING CHANGE FROM C-2 AND C-3
TO C-3 SPECIFIC USE ZONING FOR A GOLF COURSE ON A TRACT OUT OF
SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Pro Tern Cooke opened the public hearing at 10:49 a.m.
David Fleming appeared on behalf of Executive Golf, LTD to
present this request for zone change from C-2 and C-3 to C-3
Specific Use. No one appeared in opposition. Mayor Pro Tern
Cooke closed the hearing at 10:52 a.m.
Bill Boon, Planner II, presented staff comments. The request is for
a Specific Use Permit to develop a 3-par nine hole golf course.
The existing zoning is a mixture of C-3 and C-2 left over from
when a regional mall was targeted for this whole area. Mr. Boon
gave the adjacent land use relationships as follows:
North - single family
South - commercial
East - single family
West - commercial
The proposal, as Specific Use, should very carefully meet the test
of compatibility outlined by the Comprehensive Land Use Plan
since a majority of the original mall zone case area has been
converted back to residential. The project parking exits to a street
that connects to both Quaker and 82nd Street. The proposal should
have little or no effect on traffic.
423
City Council Minutes
July 25, 1996
Page 424
The Planning Commission recommended the request subject to a
series of conditions agreed between the proponent and
neighborhood:
The use of irons only (no wood or metal drivers) shall be noted
on score cards, on signs at the pro shop and adjacent to the first
tee box.
The course shall not be lighted for after dark play. Security
lighting shall be permitted.
No regular or special golfing events shall occur after sunset.
Sound/noise abatement procedures shall include:
Low sound level speakers oriented to the south for
communication to waiting golfers.
Information signs at each tee box reminding golfers of adjacent
residential development.
Tied to site plan 2460-M for tee/green locations, building sites
and parking (64 spaces) as presented to the Planning and Zoning
Commission.
Should golf balls strike adjacent residences or businesses, the
operator shall provide adequate screening to protect those
buildings. Any complaint shall be verified by Environmental
Inspection Services, and the operator notified in writing to
install appropriate screens.
No alcoholic beverages shall be allowed on the golf course or in
the pro shop. Any future restaurant may be eligible for an
alcoholic beverage permit for only that facility.
Staff recommended that this ordinance be approved.
Councilmember Patterson presided over the motion. Motion was
made by Councilmember Sitton, seconded by Councilmember
Hernandez to pass on first reading Ordinance No. 9923 with
conditions as recommended by P & Z and City staff. Motion
carried: 4 Yeas; 0 Nays--Councilmember Ince recused and
excused himself from any discussion and voting on this item and
left the City Council Chambers. Mayor Pro Tern Cooke was absent
from the City Council Chambers.
(31.) ZONE CASE NO. 1217-A (south of Erskine and east of Martin
Luther King, Jr. Blvd.) --Hold a public hearing to consider
request of America's Preferred Homes for a zoning change
from C-3 and R-1 to A-1, from R-3 to R-1, and from A-1 to R-1
on three tracts out of Section 2, Block A, and to consider
ordinance.
424
City Council Minutes
July 25, 1996
Page 425
ORDINANCE NO.9924
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1217-A; A ZONING CHANGE FROM C-3 AND R-1
TO A-1, FROM R-3 TO R-1, AND FROM A-1 TO R-1 ZONING ON THREE TRACTS
OUT OF SECTION 2, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Pro Tern Cooke opened the public hearing at 11:00 a.m.
Bernie Gradel appeared on behalf of America's Preferred Homes to
present this request for zone change from C-3 and R-1 to A-1, from
R-3 to R-1, and from A-1 to R-1. No one appeared in opposition.
Mayor Pro Tem Cooke closed the hearing at 11:02 a.m.
Bill Boon, Planner II, presented staff comments. The property is
currently zoned a combination of C-3, A-1, R-3 and R-1. Mr.
Boon gave the adjacent land use relationships as follows:
North - vacant
South - A. vacant/A-1 portion
B. residential south of the R-1 portion
East - vacant
West - vacant and a church on MLK
The proposal, as a downzone, brings the zoning closer to the
Comprehensive Land Use Plan which notes the entire area as
single family. The existing zoning is not synchronized with the
Plan, the existing zoning having been adopted pre-1975 when the
first Plan was developed.
The proponent is requesting that A-1 portion be limited to single
family units up to quadraplex units. This condition will help limit
the density for the overall area and accomplish the objectives of
America's Preferred Homes. The proposal should not impact
above expectations on traffic in the area.
The Planning Commission recommended the request subject to one
condition:
The A-1 uses shall be limited to quadraplex, triplex, duplex or
single-family units.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance No.
9924 with condition as recommended by P & Z and City staff.
Motion carried: 6 Yeas; 0 Nays.
425
City Council Minutes
July 25, 1996
Page 426
(32.) ZONE CASE NO.2777 (north of Erskine and east of Loop
289)--Hold a public hearing to consider request of Ray L.
McKim III (for WWC Holding Company) for a zoning change
from M-1 to M-1 Specific Use (radio transmission facility) on a
tract out of Section 6, Block A, and to consider ordinance.
ORDINANCE NO.9925
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2777; A ZONING CHANGE FROM M-1 TO M-1
SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A TRACT
OUT OF SECTION 6, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Pro Tem Cooke opened the public hearing at 11:04 a.m.
Ray McKim appeared on behalf of WWC Holding Company to
present this request for zone change from M-1 to M-1 Specific
Use. No one appeared in opposition. Mayor Pro Tem Cooke closed
the hearing at 11:06 a.m.
Bill Boon, Planner II, and Jim Bertram, Managing Director of
Strategic Planning, presented staff comments. As described by Mr.
McKim, the Cellular One group is converting to the smaller service
area per antennae in the manner that SW Bell Mobile recently
finished. Jim Bertram chaired a task force to investigate methods
of reducing the total number of towers as this technology increases.
Methods include dual use on new towers, multiple uses of existing
towers and perhaps even water towers and power transmission
towers. No recommendations are available to date. Mr. Boon gave
the adjacent land use relationships as follows:
North - vacant
South - vacant
West - Loop 289
East - a single home
The area east of Guava is residential on the Comprehensive Land
Use Plan, while the small parcel where the tower and adjacent
home will exist is currently zoned M-1. With the exception of an
existing farm home, the area is vacant.
The proposed use will have no effect on traffic.
The Planning Commission recommended approval of the request.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Sitton, seconded by
Councilmember Hernandez to pass on first reading Ordinance No.
9925 as recommended by P & Z and City staff. Motion carried: 4
Yeas; 0 Nays--Councilmember Patterson and Councilmember
Neugebauer were both absent from the City Council Chambers.
426
City Council Minutes
July 25, 1996
Page 427
(33.) Hold a public hearing for Energas Rate request.
Mayor Pro Tern Cooke stated that the City Council would convene
as a regulatory body.
On May 31, 1996, Energas submitted a request for a 7.6 percent
rate increase effective July 5, 1996. A public hearing was initially
scheduled for July 25, 1996 to hear public comments and staff
recommendations as well as recommendations from Diversified
Utilities of Austin, a firm contracted with by the cities impacted by
the rate increase.
Staff requested that the Council continue the public hearing until
September 12, 1996, as the report from Diversified Utilities will
not be complete until August 15.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to continue the public hearing until
September 12, 1996. Motion carried: 4 Yeas; 0 Nays--
Councilmember Patterson and Councilmember Neugebauer were
both absent from the City Council Chambers.
Mayor Pro Tern Cooke then announced that they would reconvene
as a City Council.
(34.) Hold a public hearing to discuss the annexation of the
following property into the City of Lubbock (Quaker Avenue
to Milwaukee Avenue between approximately 100th Street to
107th Street).
Mayor Pro Tern Cooke opened the public hearing at 11:19 a.m.
Pat Henderson spoke in favor of the annexation. Doug Mantooth,
Cecil Puryear, Cecil Murphy, Scott MacKenzie, John Armor, and
David Messick spoke in opposition.
Councilmember Hernandez requested a five-minute recess at 11:51
a.m. and the hearing reconvened at 12:00 Noon. Mayor Pro Tern
closed the hearing at 12:07 p.m.
Jim Bertram, Managing Director of Strategic Planning, presented
staff comments. The hearing for July 25 is the second required
hearing. The ordinance first reading is scheduled for a special
called meeting August 15. While no action item is posted
following the hearing, the staff would request a consensus of what
areas may and may not be included to create an ordinance.
Areas 1, 2 and 5 have requested annexation (Dr. Cone in Area 1 by
phone). The owners of Areas 3 and 4 voiced opposition and Mr.
Craft indicated Area 6 would not care to be included.
The Planning Department continues to recommend annexation
of the entire 720 acres. This is based on three lines of thought:
If the "sawtooth" approach is used, one side of Slide Road and
one side of Frankford Avenue will be outside the city. If the
standard 660-foot past the section line policy were used, most of
the subdivision lot owners in West Lake Estates would be
included. Using the center lines of thoroughfares as a boundary
creates both the one side in/one side out problems for
427
City Council Minutes
July 25, 1996
Page 428
environment, the Police and Fire Departments for whether or
not an emergency is in or out, and a street maintenance issue
between the City and County.
The policy for "no pockets" is intended to prevent areas prone
to immediate development that will probably be annexed in the
near future. No concern exists for the 40 lots being built as
substandard, but the developer has plans for another 40 acre lot
phase that will bring at least 80 unhappy residents to a future
annexation hearing. At present, approximately 8-10 homes are
constructed or under construction. Another seldom voiced issue
for those subdivisions that abut the city limit is the fact that
those residents enjoy the benefits of the City without the ad
valorem responsibility. They do pay sales tax, as do the rest of
the city residents.
In most cases, strip paving will not be built to City construction
standards and the lack of curb and gutter will cause pavement
edges to deteriorate faster. Once annexed, these maintenance
costs for substandard pavement become perpetual public costs.
Adding water and sewer to existing subdivisions after the fact is
a painful process. Explaining that pro-rata is due to
homeowners, and getting vacant lot owners to participate
creates a lot of problems.
Motion by Councilmember Ince, seconded by Councilmember
Sitton to consider Parcels 1, 2 and 5 for annexation only. Motion
carried: 4 Yeas; 0 Nays--Councilmember Patterson and
Councilmember Neugebauer were both absent from the City
Council Chambers.
(35.) Consider Resolution No. 5230 authorizing the Mayor to
execute a deferment of payment agreement with the Lubbock
Housing Authority to allow the deferment of the payments in
lieu of taxes owed to the City of Lubbock for City services
rendered, totaling $119,000. These payments of said funds will
be paid over a period of five years.
RESOLUTION NO.5230
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 Deferment of Payment
Agreement, and all related documents, between the City of Lubbock and Lubbock
Housing Authority, to allow the deferment of the payments in lieu of taxes owed to the
City of Lubbock for City services rendered, totaling $68,000.00 and allow the payment of
said funds over a period of 3 years. Said Agreement is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
428
City Council Minutes
July 25, 1996
Page 429
Passed by the City Council this 25th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Harold Willard
Harold Willard, Interim City Secretary
a,", 1119Ii1010 ZK�1► ►�
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
Anna Mosqueda, Director of Management Services, and Quincy
White, Interim Director of the Lubbock Housing Authority,
presented staff comments. The Lubbock Housing Authority
currently has a contract with the City of Lubbock that requires
them to pay an annual payment in lieu of taxes at the end of each
fiscal year. The annual amount is equal to either 10 percent of the
aggregate shelter rent charged by the local Authority or the amount
permitted to be paid by applicable State law in effect on the date
such payment is made, whichever amount is lower.
The Lubbock Housing Authority currently owes the City of
Lubbock a payment which was to be paid no later than June 1996,
and they have informed us that they will be unable to make the
next approximately $34,000 payment which will be due no later
than June 1997.
The agreement between the Housing Authority and the City of
Lubbock will enable the Housing Authority to pay the total
amounts deferred ($68,000) over the next three years, with the first
payment made in October 1997. In addition to the payment in
October 1997, this agreement requires the Housing Authority to
remit total in lieu of taxes payment of $51,000 for the 1996-97
fiscal year in October 1997.
Due to recent issues raised by HUD about the Lubbock Housing
Authority, LHA has made several changes in the course of the past
several weeks. This agreement is one of many changes that will
assist in stabilizing the Housing Authority's financial situation.
With this in mind, staff recommended this agreement to defer
payments owed to the City of Lubbock by the Housing Authority.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Sitton to authorize Resolution No. 5230 as
mil
City Council Minutes
July 25, 1996
Page 430
amended. Motion carried: 5 Yeas; 0 Nays--Councilmember
Patterson was absent from the City Council Chambers.
(36.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation (Planning Department, Transportation
Services and Water Utilities).
(37.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.072, to discuss purchase,
exchange, lease, or value of real property (Right -of -Way).
(38.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
matters regarding duties, responsibilities, and/or appointments
to:
Appointments Advisory Board
Board of Electrical Examiners
Board of Health
Building Board of Appeals
Canadian River Municipal Water Authority
Citizens Traffic Commission
Committee for Women
Electric Utility Board
Human Relations Commission
Permit and License Appeals Board
Public Transit Advisory Board
Urban Design and Historic Preservation Commission
430
City Council Minutes
July 25, 1996
Page 431
There being no further business to come before Council, and without objection the
meeting was adjourned at 3:05 p.m.
ATTEST:
Harold Willard, Interim City Secretary
Read and approved this 1 Oth of March 1997.
ATTEST:
Harold Willard, Interim City Sec etary
DAVID R. L GSTON, MAYOR
DAVID R. WANGSTON, MAYOR
431