HomeMy WebLinkAboutMinutes - City Council - Regular - 12/12/1996CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
December 12,1996
8:30 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 12th
day of December 1996, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas, at 8:30 A.M.
Present: Mayor Pro Tem Alex Cooke, Councilmember T. J. Patterson,
Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob
Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell.
Absent: Councilmember Victor Hernandez.
Mayor Pro Tem Cooke called the meeting to order at 8:35 A.M.
( 1.) The Invocation was given by Larry Brooks, Pastor of
Community Baptist Church.
(2.) Pledge of Allegiance was given in unison by those in the City
Council Chambers.
The City Council adjourned into Executive Session at 8:38 A.M.
The City Council reconvened at 10:25 A.M.
(3.) Board Appointments.
(4.) Presentation by Mayor Pro Tem Cooke to KCBD TV (Channel
11) and the Lubbock Avalanche -Journal Classified
Advertisement Section, in appreciation of their efforts on
behalf of Animal Services.
KCBD TV and John Robison provide the "Weather Pet" segment
on their news programs, enabling citizens to locate lost pets, or the
adoption of pets into the community. KCBD TV has provided this
segment for Animal Services for three years, and this is an on-
going service.
The Lubbock Avalanche -Journal has participated in "Christmas for
the Animals" for the past two years, with a coloring and photo
contest. The newspaper also participated in the "Adoptathon",
making the adoption of 70 animals, in a 32-hour period, a reality.
Barbara Gee and Ed Gambarrella, Lubbock Avalanche -Journal
classified advertising employees, insert pictures of adoptable
animals in the classified section and Tara Maguire, another
Lubbock Avalanche -Journal employee, publishes the animal
shelter newsletter.
Mayor Pro Tem Cooke presented John Robison of KCBD TV and
Ed Gambarrella of the Lubbock Avalanche -Journal with the
awards.
City Council Minutes
December 12, 196- ( 9 ci
Page 704
k� a3) 03
( 5.) Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve the minutes of the November 21,
1996, Regular City Council Meeting as written. Motion carried: 4
Yeas; 0 Nays.
( 6.) ORDINANCE NO. 9947--Abandoning and closing a portion of
a right-of-way easement located in Section 2, Block J-S,
Lubbock County (6202 4th Street).
ORDINANCE NO.9947
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A RIGHT-
OF-WAY EASEMENT LOCATED IN SECTION 2, BLOCK J-S, 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 OF REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance No. 9947 as recommended by staff. Motion carried: 4
Yeas; 0 Nays.
( 7.) ORDINANCE NO.9948--Abandoning and closing a portion of
a 30-foot right-of-way easement located in Section 25, Block A,
Lubbock County (4500 Idalou Highway).
ORDINANCE NO.9948
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A RIGHT-
OF-WAY EASEMENT LOCATED IN SECTION 25, BLOCK A, 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 Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance No. 9948 as recommended by staff. Motion carried: 4
Yeas; 0 Nays.
( 8.) ORDINANCE NO. 9949--Zone Case No. 921-K (5225 Avenue
Q)--Request of Lubbock Commercial Building (for Ted
Rushing) for a zoning change from C-3 to C-4 limited to used
vehicle sales and all permitted C-3 uses on a portion of land
out of Lot B, Briercroft 2°d Addition.
ORDINANCE NO.9949
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 921-K; A ZONING CHANGE FROM C-3 TO C-4
ZONING ON LOT B, BRIERCROFT 2ND ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
704
City Council Minutes
December 12,496--
Page 705
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance No. 9949 as recommended by staff. Motion carried: 4
Yeas; 0 Nays.
(9.) ORDINANCE NO. 9950--Zone Case No. 2784 (512 E. 23ra
Street) --Request of Dale Richardson (for Richardson's
Development) for a zoning change from C-3 to C-4 Specific Use
(dance hall) on a portion of land out of the north 62.5 feet of
Lot 17, Block 35, Wheelock Addition.
ORDINANCE NO. 9950
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2784; A ZONING CHANGE FROM C-3 TO C-4
SPECIFIC USE ZONING AS A DANCE HALL FOR A PORTION OF LAND OUT
OF THE NORTH 62.5 FEET OF LOT 17, BLOCK 35, WHEELOCK 2ND ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance No. 9950 as recommended by staff. Motion carried: 4
Yeas; 0 Nays.
(10.) ORDINANCE NO. 9951--Zone Case No. 2785 (south of 98tn
Street and east of Avenue U)--Request of Harold Zapata (for
Texico Conference Association of Seventh Day Adventist) for a
zoning change from T to A-2 limited to church and church
related uses on nine acres of land out of Section 10, Block E-2.
ORDINANCE NO. 9951
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2785; A ZONING CHANGE FROM T TO A-2
ZONING ON NINE ACRES OF LAND OUT OF SECTION 10, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS: PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance No. 9951 as recommended by staff. Motion carried: 4
Yeas; 0 Nays.
(11.) ORDINANCE NO.9952--Amending Section 8-4 of the Code of
Ordinances to establish two new voting precincts as a result of
annexation.
705
City Council Minutes
December 12, 1-96- 1 '�A `t b
Page 706 k t al �3jo�
ORDINANCE NO.9952
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 PRECINCT
BOUNDARIES, VOTING PLACES, AND VOTING DISTRICTS AS REQUIRED BY
LAW DUE TO ANNEXATION OF NEW TERRITORY INTO THE CITY OF
LUBBOCK; PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS
OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8
NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance No. 9952 as recommended by staff. Motion carried: 4
Yeas; 0 Nays.
(12.) Consider Ordinance No. 9953 abandoning and closing a
portion of 3rd Street adjacent to Lot 9, Block 8, William Tubbs
Addition (301 Avenue M).
ORDINANCE NO. 9953
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 3RD
STREET LOCATED ADJACENT TO LOT 9, BLOCK 8, WILLIAM TUBBS
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
According to staff memo, this ordinance closes a 3,106 square foot
portion of 3'd Street east of Avenue M. This portion of Third
Street is a dead end piece of street area and will be used as a
parking area for the business to the south and is being replatted.
This piece of street right-of-way is valued at 25 cents per square
foot from adjacent land values and the City will receive $776.50
for this piece of street area being closed.
Staff recommended the approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9953
as recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(13.) Consider Resolution No. 5357 authorizing the Mayor Pro Tem
to execute a resolution and contract of sale for a tract of land
out of Block 3, A-J Coleman Addition with James L. Purdy,
Danny Coleman, Doyle Champion, Wanda Whitener, Marsa
Lane, Barbara Ross, Jimmy Champion, and Vickie Champion
(2411 Dartmouth).
706
City Council Minutes
December 12, 195- 19 c16
Page 707 ( -�' -;� ) �3 ) 03
RESOLUTION NO. 5357
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to wit: for construction of a Fire Station, and
the City Council of said City finds it in the public interest and for public purposes and
municipal purposes to proceed with the acquisition of land as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described tract of land
located in Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to wit:
A tract of land in Block Three (3), A.J. Coleman Addition to the City of Lubbock,
Lubbock County, Texas, and being further described as follows:
The West 175.2 feet of the East 302.2 feet of the North'/2 of Block Three (3), A.J.
Coleman Addition to the City of Lubbock, Lubbock County, Texas, according to
the map, plat and/or dedication deed thereof, recorded in Volume 444, Page 210,
Deed Records, Lubbock County, Texas.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to
execute a Contract of Sale, attached to this Resolution and incorporated herein by this
reference, for the purchase of the above described real property for the sum of $10,000.00
SECTION 3. THAT if the above Contract of Sale is not executed by December
12, 1996, by the Owners of the above described property, such Owners being James L.
Purdy, Danny Coleman, Doyle Champion, Wanda Whitener, Marsa Lane, Barbara Ross,
Jimmy Champion, and Vickie Champion, the City Attorney of said City of Lubbock is
hereby authorized and instructed to institute condemnation (eminent domain) proceedings
to acquire the fee simple title to said land as hereinabove described for the public
purposes and municipal purposes as aforesaid.
707
City Council Minutes
December 12, +96 1 cn b
Page 708 R -� �
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney/Office Practice Section
According to staff memo, this tract of land is needed for additional
fire station land for the new station on North University. This tract
of land is west of University Avenue on the south side of
Dartmouth Street and contains 21,900 square feet. The tract
measures 175.2 feet east to west and 125 feet north to south and
was appraised at $11,000 or 50 cents per square foot. Westar
Realtors has the property listed for $10,000 which will be our offer
to the Champion -Coleman Family.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5357 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(14.) Consider Resolution No. 5358 authorizing the Mayor Pro Tem
to execute a Quitclaim Deed in favor of H. E. Dregne (340139tn
Street).
RESOLUTION NO. 5358
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 Quitclaim Deed in favor
of H. E. Dregne, 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.
708
City Council Minutes
December 12, 1-9 ►�i�t 6
Page 709
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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
According to staff memo, this resolution authorizes the Mayor to
convey a strip of excess Indiana Avenue right-of-way to the
adjacent property owner. The City is selling this 36.77 front foot
wide strip of Indiana Avenue right-of-way for $5.00 per front foot
or $183.85 total.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5358 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(15.) Consider Resolution No. 5359 authorizing the Mayor Pro Tem
to execute a Quitclaim Deed in favor of Bennie and Bernice
McMillan (3401 35`h Street).
RESOLUTION NO.5359
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 Quitclaim Deed in favor of
Bennie McMillan and Bernice E. McMillan, 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.
/1'
City Council Minutes
December 12, 196—
Page 710
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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
According to staff memo, this resolution authorizes the Mayor to
convey a strip of excess Indiana Avenue right-of-way to the
adjacent property owner. The City is selling this 5.65 foot wide
strip of Indiana Avenue right-of-way for $5.00 per front foot or
$28.75 total.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5359 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(16.) Consider Resolution No. 5360 authorizing the Mayor Pro Tem
to execute a Quitclaim Deed in favor of Bill and Ruby Power
(3401 43rd Street).
RESOLUTION NO. 5360
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 Quitclaim Deed in favor
of Ludy Massie Family Trust, 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.
710
City Council Minutes
December 12, -1.96r j C19 6
Page 711
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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
According to staff memo, this resolution authorizes the Mayor to
convey a strip of excess Indiana Avenue right-of-way to the
adjacent property owner. This 21.88 front foot wide piece of
Indiana Avenue is being sold for $5.00 per front foot for a total of
$109.40.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5360 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(17.) Consider Resolution No. 5361 authorizing the Mayor Pro Tem
to execute a Quitclaim Deed in favor of the Ludy Massie
Family Trust (340138th Street).
RESOLUTION NO. 5361
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 Quitclaim Deed in favor of
Ludy Massie Family Trust, 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 copies herein in detail.
711
City Council Minutes
December 12, -196- iqc
Page 712 R�
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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
According to staff memo, this resolution authorizes the Mayor to
convey a strip of excess Indiana Avenue right-of-way to the
adjacent property owner. The City is selling this 21.74 front foot
wide strip of Indiana Avenue right-of-way for $5.00 per front foot
or $108.70 total.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5361 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(18.) Consider Ordinance No. 9954 abandoning and closing a
temporary working easement located in Section 17, Block E-2,
Lubbock County (4001 98th Street).
ORDINANCE NO.9954
AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY
WORKING EASEMENT LOCATED IN SECTION 17, BLOCK E-2, LUBBOCK,
LUBBOCK COUNTY, TEXAS, AS RECORDED IN VOLUME 5134, PAGE 323 OF
THE OFFICIAL REAL PROPERTY RECORDS OF 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.
712
City Council Minutes
December 12, f96-- IG
Page 713
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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
According to staff memo, this ordinance abandons and closes a 40-
foot temporary working easement which the City acquired from
Carl Russell in April of 1996 to construct a water line in the south
right-of-way line of 98`h Street between Memphis Avenue and
Quaker. The water line installation is completed and the City no
longer needs this working easement.
Staff recommended the approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9954
as recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(19.) Consider Resolution No. 5362 authorizing the Mayor Pro Tem
to execute a commercial tax abatement agreement with Avenue
H Properties, Ltd.
RESOLUTION NO. 5362
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 Avenue H Properties, LTD., 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.
713
City Council Minutes
December 12, 4-9& 19 c� (,
Page 714 kc� D, (o'3) b3
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Cheryl Brock
Cheryl Brock, Business Development
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, the City has received a request from
Avenue H Properties, Ltd. for commercial tax abatement in the
North Enterprise Zone. Avenue H Properties plans to renovate an
existing building located at 1802 Avenue H into a 1930's Spanish
Renaissance Revival Architectural Drugstore. This building is
located in the Depot District.
Avenue H Properties plans to invest $135,000 in the renovations of
the existing facility. The breakdown will be $100,000 for the
renovations of the existing structure, the remaining $35,000 for
equipment and furnishings. The annual amount of tax abatement
will be $790.97. The total amount of tax abatement over the life of
the contract would be approximately $3,955. The total present
value of the existing structure and real property is $25,253. The
total tax collections on the existing structure are approximately
$560 annually.
Avenue H Properties has committed to create 20 new jobs with this
new business within twelve months.
The project will add $135,000 in new value to the tax base in the
North Enterprise Zone and will result in the employment of 20
persons.
Under the current commercial guidelines, Avenue H Properties is
eligible and meets all the requirements for five years, 100 percent
tax abatement.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5362 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
714
City Council Minutes
December 12, f 96- 1 119 b
Page 715 R.6o7�
(20.) Consider Resolution No. 5363 authorizing the Mayor Pro Tem
to execute an agreement with the Texas Workforce
Commission.
RESOLUTION NO. 5363
WHEREAS, the South Plains Regional Workforce Development Board, a
nonprofit corporation established under the authority of the Workforce and Economic
Competitiveness Act (Title 10, Chapter 2308, Texas Government Code), has received a
grant from the Texas Workforce Commission in the amount of $165,000 for the
establishment of a One Stop Career Center for the Lubbock area; and
WHEREAS, the South Plains Workforce Development Board is in need of an
interim fiscal agent until the board has staff and state approval to administer the grant
funds as a board and has asked the City to serve as fiscal agent; and
WHEREAS, the employment information and training services to be provided by
the Lubbock One Stop Career Center of the South Plains Regional Workforce
Development Board constitute a valuable public service for the citizens of Lubbock; and
WHEREAS, the City Council of the City of Lubbock has declared the services
provided to be a public purpose; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tempore of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock a grant
agreement and associated documents between the City of Lubbock and the Texas
Workforce Commission for establishment of a Lubbock One Stop Career Center by the
South Plains Regional Workforce Development Board. Said agreement is 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 12th day of December 1996.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales, Supervising Attorney,
Office Practice
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
715
City Council Minutes
December 12, 496- 19 `1 to
Page 716 Ill, ) a I )_mod 0 3
A copy of the Grant from the Texas Workforce Commission is filed with Resolution
5363.
Development Board has applied for and received a $150,000 grant
of Wagner Peyser Funds from the Texas Workforce Commission
to assist them in establishing a One Stop Career Center for the
Lubbock area. Because the grant application was especially well
written and the area was one of the first in the state to have their
board certified by the Governor, they received an additional
$66,000 for a total of $210,000.
The One Stop Career Center will be available to serve all of the
citizens of Lubbock, both employers and employees (including
former employees and potential employees), by providing one
single door through which the citizen may receive information on
job openings, job training, unemployment insurance, veterans
benefits, older worker programs, youth training programs, food
stamp and JOBS training for welfare and former welfare recipients,
employment testing, employer services and an expanding variety
of other services. Establishment of a One Stop Center that
includes the services provided by JTPA (Job Training Partnership
Act), TWC (Texas Workforce Commission, formerly TEC), JOBS
and Food Stamps (formerly under the Texas Department of Human
Resources) programs within six months of board certification is a
requirement under HB 1863, the State Law that allows creation of
the workforce board. The Career Center will be housed
temporarily at 1218 14`h Street, the current location of Jobsource+,
until a place large enough to house the program can be located, and
these grant funds will be used primarily to purchase computers to
link the programs and for start up funds for the center.
Authorization and oversight for spending the funds will be
provided by the Workforce Board.
The South Plains Workforce Development Board is a 35 member
board representing a 15 county area which was established under
HB 1863 for the purpose of developing a local plan for addressing
the workforce development needs of the area, serving as a single
point of contact for local business to communicate their skill needs,
administering the funds for workforce development on a local
level, a coordinating and assisting workforce education and
encouraging economic development. Because Lubbock has 63
percent of the population of the region, 21 of the 35 members are
from Lubbock and were appointed jointly by the Mayor and the
County Judge. Fifty one percent of these members are from
private industry and the rest represent labor, education, economic
development, and community based organizations.
As a new non-profit organization, the Board does not yet have a
Financial Director or the necessary fiscal policies in place to satisfy
the state and federal regulations for handling these grant funds.
They have requested that the City, who is familiar with the federal
and state regulations, act as an interim fiscal agent for these funds
until the board has staff and State approval to be its own fiscal
agent. The City would be reimbursed for actual costs incurred in
administering the grant. It is anticipated that the Board will have
staff in approximately six months.
716
City Council Minutes
December 12, +96- 19 c
Page 717 R�
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5363 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(21.) Consider Resolution No. 5364 adopting financial policies for
the City of Lubbock.
RESOLUTION NO. 5364
WHEREAS, the City of Lubbock has an important responsibility to its citizens to
carefully account for public funds, prudently manage municipal finances, and plan for the
adequate funding of services desired by the public; and
WHEREAS, the purpose of the financial policies is to enable the City to achieve a
long-term stable and positive financial condition by exercising integrity, prudence,
responsible stewardship, planning accountability, and full and continuous disclosure;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the attached City of Lubbock, Texas, Financial Policies, which are
incorporated in this resolution and included in the minutes of the Council as if set forth in
their entirety, shall be adopted as the official financial policies for the City of Lubbock.
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Betst Bucy
Betsy Bucy, Finance Manager
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales, Supervising Attorney,
Office Practice
A copy of the City of Lubbock Financial Policies is filed with Resolution 5364.
According to staff memo, at the November 21 Council Work
session, a presentation was made to Council regarding proposed
financial policies for the City of Lubbock for Council
consideration. With the exception of a proposal to work toward a
3-month operating reserve in the enterprise funds and to allocate
717
City Council Minutes
December 12, 146 19 9 b
Page 718 i�� l 31
the growth portion of the property tax for infrastructure the policies
basically documented the current practices of the organization.
Although the Council has adopted various individual policies such
as the Investment Policy and follows other financial policies such
as the General Fund two-month's operating reserve as a matter of
practice, staff is proposing that the Council formally adopt
financial policies that insure the continuation of sound financial
practices that have helped the organization enjoy a sound financial
position and favorable bond rating.
The City of Lubbock has an important responsibility to its citizens
to carefully account for public funds, prudently manage municipal
finances, and to plan for the adequate funding of services desired
by the Public.
The policies developed address the following areas:
Financial Condition/Reserves and Stability Ratios
Fund balances/retained earnings, risk management, investments
and retirement plans)
Revenues
Expenditures
Capital Assets
Budget Appropriation/Control
Debt Policy
Economic Development Accounting/Auditing and Financial
Reporting
Following the Council work session presentation the City Council
posed questions regarding overlapping tax rate comparisons as
well as reserves in the Enterprise Funds.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5364 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(22.) Bid #13715--Restroom Facilities at Various City Parks, and
authorize same (Park Development).
RESOLUTION NO. 5365
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, attached
herewith, by and between the City of Lubbock and Lubbock Building Services of
Lubbock, Texas, to install and furnish all materials and services as bid for the
Restroom Facilities at various City parks, and any associated documents, which
718
City Council Minutes
December 12, +% f)cl b
Page 719 KK -,)-'�3/b3
Contract 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 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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
THIS AGREEMENT, made and entered into this 12th day of December, 1996, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Mayor Pro Tem, Ty Cooke, thereunto authorized to do so, hereinafter referred to
as OWNER, and LUBBOCK BUILDING SERVICES 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 4 13715 - RESTROOM FACILITIES @ VARIOUS CITY PARKS - $149,330.00
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.
719
City Council Minutes
December 12, 1-%
Page 720
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/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Owner's Representative
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Alex "Ty" Cooke
MAYOR PRO TEM
CONTRACTOR:
LUBBOCK BUILDING SERVICES
APPROVED AS TO FORM:
By: Jerry Smith
/s/ Don Vandiver
City Attorney PRINTED NAME: Jerry Smith
TITLE: President
ATTEST: COMPLETE ADDRESS:
Corporate Secretary Lubbock Building Services
5121 69th Street
Lubbock, Texas 79424
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5365 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(23.) Bid #13724--Water Meters - Annual Pricing (Water Utilities).
Master Meter, Inc.--3,460 Ea 1/4" x 5/8" Cold Water Multijet Type
Water Meter; 1 Ea 6" Cold Water Class II Turbine Type Water
Meter; 1 Ea 8" Cold Water Class II Turbine Type Water Meter.
Precision Meters, Inc.--1,100 Ea 1" Cold Water Multijet Type
Water Meter; 31 Ea 1 %" Cold Water Multijet Type Water Meter;
35 Ea 2" Cold Water Multijet Type Water Meter; 15 Ea 3" Cold
Water Class II Turbine Type Water Meter; 5 Ea 4" Cold Water
Class II Turbine Type Water Meter.
Hersey Meters--6 Ea 3" Cold Water Class II Turbine; 2 Ea 4" Cold
Water Compound Type Water Meter; 2 Ea 6" Cold Water
Compound Type Water Meter.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(24.) Bid #13725--Mobile Data Terminals (Radio Shop).
Motorola, Inc. —Total bid.
720
City Council Minutes
December 12, .% 199 {�
Page 721 R� ala3�b3
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bid meeting specifications as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(25.) Bid #13729--Bailey County Valve Stations, and authorize same
(Water Utilities).
RESOLUTION NO. 5366
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, attached
herewith, by and between the City of Lubbock and Red River Construction Company
of Plano, Texas, to install and furnish all materials and services as bid for the Bailey
County Valve Stations, and any associated documents, which Contract 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 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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
THIS AGREEMENT, made and entered into this 12th day of December, 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 RED RIVER CONSTRUCTION COMPANY of the City of Plano,
County of Collin, 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:
721
City Council Minutes
December 12, 1-°-6--
Page 722��
BID # 13729 - BAILEY COUNTY VALVE STATIONS - $369,900.00
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/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Soo Koon Soon for Mike Murphy
Owner's Representative
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Alex "Ty" Cooke
MAYOR PRO TEM
CONTRACTOR:
RED RIVER CONSTRUCTION COMPANY
APPROVED AS TO FORM:
By: Dean Porter
/s/ Don Vandiver
City Attorney
PRINTED NAME: Dean Porter
TITLE: President
ATTEST:
COMPLETE ADDRESS:
Corporate Secretary
Red River Construction Company
1506 Capital Ave., Suite 200
/s/ Vicki A. Porter
Plano, Texas 75054
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5366 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(26.)
Bid #13730--#1/0 Aluminum 15KV Cable in Duct (Central
Warehouse).
Cummins Utility Supply —Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bid meeting specifications as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(27.) Bid #13740--Concrete - Annual Pricing (Street Department).
722
City Council Minutes
December 12, 1.96- 19 91 (c,
Page 723 k'b a k a --:0
o3
Transit Mix Concrete Materials —Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bid meeting specifications as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(28.) Bid #13743--Sand, Gravel & Caliche - Annual Pricing (Street
Department).
R. E. Janes Gravel Company--6,500 TN "00" Backfill Gravel;
5,300 TN Grade 3 Gravel; 300 TN Grade 4 Gravel; 5,200 TN
Grade 5 Gravel; 200 TN Grade 6 Gravel; 500 TN Grade '/2" Base
Course Gravel; 500 TN Grade 1/4" Base Course Gravel; 2,500 TN
1" Base Course Gravel; 300 TN 1" Concrete Rock; 100 TN
Vealmore Exposed Aggregate, %"; 200 TN Brick Sand; 1,500 TN
Stone Screening or Crushed Fines.
West Texas Paving, Inc.--9,500 CY Crushed Caliche.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(29.) Bid #13744--Hot Mix - Annual Pricing (Street Department).
Kerr Construction Company--700 TN Type "C" Hot Mix; 700 TN
Type "D" Hot Mix; 600 TN Cold Mix; 100 TN Black Base.
Williams & Peters Construction Company, Inc.--10,000 GL Prime
Oil MC-30.
—" Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(30.) Zone Case No. 2783 (4640 34th Street) --Continue a public
hearing to consider request of Alamo Automotive Service for a
zoning change from C-2 to C-4 for auto sales on Lot 8, Pounds
Addition, and to consider ordinance.
ORDINANCE NO.9955
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2783; A ZONING CHANGE FROM C-2 TO C-4
ZONING ON LOT 8, POUNDS ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Pro Tem reopened the public hearing at 10:23 a.m. Barry Jo
Alcomb appeared on behalf of Alamo Automotive Services to
present this request for a zone change from C-2 to C-4. Laura
Atkins appeared in opposition to question if this variance would
make the community a safer, cleaner place to live. Joy Tienert also
appeared in opposition to ask if the increased traffic would create
problems. Mayor Pro Tem closed the hearing at 10:45 a.m.
723
City Council Minutes
December 12, 14� c�
Page 724
Randy Henson, Senior Planner, presented staff comments. This
case was continued to give the proponent and the adjacent
neighborhood association time to work out their differences. In a
situation similar to the case on Avenue Q, 34th Street is
experiencing requests for heavier commercial as are other older
thoroughfare streets in Lubbock. When the requests are limited to
some of the less intense C-4 uses, it has been the opinion of the
staff that a natural progression is taking place. The request is for
one C-4 use (used vehicle sales) and to retain the existing C-2 uses.
In the past the City Staff and Planning Commission have
informally discussed moving some of the C-4 uses into C-3 as
conditional uses, which still requires a ZBA hearing but opens up a
greater range of locations for many businesses. No formal
discussion has taken place. Mr. Henson gave the adjacent land use
relationships as follows:
North - apartments
South - commercial
East - commercial
West - commercial
On the day of the hearing, a letter was submitted by the Maedgen
Area Neighborhood Association expressing concern for the
cumulative effects of heavier zoning along 341h Street adjacent to
their neighborhood. Mr. Landress did not appear at the hearing
due to a previous commitment.
The request is similar to one approved last year about two blocks
west on the south side of 34`h Street. To the south of this parcel is
an existing non -conforming C-4 automotive repair facility. The
service station on the site is legal non -conforming. Prior to 1975,
the automotive related businesses were permitted in the C-2
District.
The single difference between this request and Zone Case 921-K
with regard to the Comprehensive Land Use Plan is that 34th Street
lacks the regional thoroughfare status of Avenue Q. 34th Street is a
major street within the community.
Staff indicated that when limited to specific permitted uses from
the C-4 District, no negative impact has been noticed on adjacent
neighborhoods. However, several zone cases in the past have
indicated some groups have a definite dislike of used vehicle lots.
The Planning Commission recommended the request subject to one
condition:
Limited to used vehicle sales and all unconditionally permitted
C-3 uses.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Patterson to pass on first reading Ordinance No.
9955 as recommended by staff. Motion carried: 4 Yeas; 0 Nays.
724
City Council Minutes
December 12, +96, 1 qa b
Page 725 Pco
(31.) Hold a public hearing to consider the recommendation by the
Planning and Zoning Commission to consider a name change
for a portion of Avenue H between Municipal Drive and its
intersection with I-27 at 24th Street, and to consider ordinance.
ORDINANCE NO. 9956
AN ORDINANCE CREATING AN EXCEPTION TO SECTION 24-29 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY CHANGING THE
NAME OF A PORTION OF AVENUE H BETWEEN MUNICIPAL DRIVE AND ITS
INTERSECTION WITH 1-27 AT 24TH STREET; DIRECTING THE CITY ENGINEER
TO REVISE THE OFFICIAL MAP OF THE CITY AND THE MAP FOR STREET
NAMING TO REFLECT SUCH CHANGE; REQUIRING THE BUILDING OFFICIAL
TO NOTIFY ALL GOVERNMENTAL AGENCIES AND ALL BUSINESSES AND
RESIDENCES HAVING A MAILING ADDRESS UPON SAID STREET OF THE
NAME CHANGE; AND REQUIRING THE CITY TRAFFIC ENGINEER TO INSTALL
NEW STREET NAME SIGNS TO REFLECT THE NAME CHANGE.
Mayor Pro Tem. Cooke opened the public hearing at 10:50 A.M.
Joe McKay, Chairman of the Chamber of Commerce appeared on
behalf of this request to change the name of Avenue H to Buddy
Holly Avenue. Van White appeared to state that he was in favor
100 percent as did Romero Reyna. Cecil Puryear appeared in
opposition. Mr. Puryear felt that additional Buddy Holly
recognition was not needed, and that he preferred the
alpha/numeric sequence. Irma Guerrero appeared on behalf of
renaming Avenue Q to Buddy Holly Avenue and submitted a
petition to the City Council. Judy Nelson also submitted a petition
opposing renaming Avenue H. Mayor Pro Tem. Cooke closed the
hearing at 11:18 A.M.
Randy Henson, Senior Planner, presented staff comments.
Ordinance No. 9927 requires an initial public hearing by the
Planning Commission for a recommendation to the City Council.
That hearing was on November 11, 1996. The request is for a
change of name from Avenue H to Buddy Holly Avenue from
Municipal Drive to about 241h Street at I-27.
Ordinance No. 9927 also requires a petition approving the name
change signed by "more than 50 percent of the owners abutting the
street." When the initial petitions were submitted by the Chamber
of Commerce, the City Engineer and Senior Planner reviewed the
Appraisal District records against the signatures and found 40
owners in favor out of the 74 identified. Since that initial count,
several additional petition sheets and letters have been submitted
such that the proponents substantially exceed the code requirement.
The item most discussed in name changes is the change of
documents by individuals and companies (letterhead, checks,
billing forms, etc.). The Postal Service indicates that, to help
reduce that burden, mail is delivered with an out of date street
name for one year with no questions asked. For the next six
months the mail continues to be delivered with the yellow warning
notice to the recipient on the letter.
Joe McKay presented the request for name change from the
Lubbock Chamber of Commerce. A number of advocates for the
change were present but did not speak.
725
City Council Minutes
December 12, 196 1`( q b
Page 726
R, D1)31o�
Other than the response from Mr. Puryear, little unexpected public
comment was made during the planning and zoning meeting.
Several spoke for and against the proposal. One exception was
Ms. Irma Guerrero. She represented a group called "People for the
Betterment of the Llano Estacado." Her presentation was for the
name change but to change Avenue Q rather than Avenue H. Mr.
McKay indicated to the Senior Planner that his group was unaware
of this proposal. The Planning Commission had no comments or
reaction to the proposal since Avenue Q was not the posted agenda
item. The Planning Department did visit with Ms. Guerrero after
the meeting and suggested that a letter to the Council might make
her presentation more clear.
In response to the business owners who spoke about problems with
name changes, two questions were posed for answers by Traffic
Engineering prior to the Council hearing:
Q. Can TxDOT create a new sign with reference to (formerly
Avenue H)?
A. TxDOT can make the new signs, but there will be no
reference to its previous name. That is not practical because it
would have to be removed after a short time period. The signs are
designed to last 10 years or more.
Q. Can a number of old Avenue H signs simply be moved
down the pole with the new sign on top to leave reference to
Avenue H for some while, a transition period?
A. Staff cannot slide the old Avenue H name down the pole
because they are mounted on top of the pole. Also, it is not
practical to make any reference to Avenue H on the overhead signs
either.
Joe McKay and Jere Hart have met to formulate a proposal that
will help identify Avenue H for persons that may not be aware of
the change. Both major phone books will have Avenue H
addresses for another year. The existing Avenue H signs at the
non -major intersections can remain on one side and the new Buddy
Holly signs be placed on the opposite side for one year. The
primary, large major intersection signs should be Buddy Holly
only because intersections with Avenue H for $300-$400 more for
labor. Traffic Engineering already has the street signs and poles.
The Planning Commission recommended the change of Avenue H
to Buddy Holly Avenue.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9956
as recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(32.) Request by the City of Lubbock Solid Waste Department for
an amendment to the Solid Waste Ordinance, Chapter 23,
Article 1, Sec. 23-I and Sec. 23-21, establishing a disposal fee
726
City Council Minutes
December 12, +96-- 1 ` 19 b
Page 727 Qe10 a) a 3' b �3
for special wastes including contaminated foodstuffs and
asbestos containing wastes.
ORDINANCE NO. 9957
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ESTABLISHING RATES FOR SPECIAL WASTE REQUIRING SPECIAL
HANDLING BY THE CITY OF LUBBOCK LANDFILL; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mildred Cox, Director of Transportation, presented staff
comments. These types of wastes require the digging of a separate
hole into which the wastes are placed. This hole is then covered
with either garbage, already collected the day of disposal, or soil.
The diversion of one spotter, one operator, and one compactor is
required to complete the process. Failure to perform these
procedures immediately upon receipt of such waste could result in
failure to comply with Type 1 Landfill regulations.
Research of 17 landfills in Texas shows an increased fee for
specially handled wastes to be a reasonable and acceptable
practice.
The City of Lubbock Solid Waste Department is requesting to
establish a disposal fee of $50 per ton for those wastes requiring
special handling, specifically, contaminated foodstuffs and
asbestos containing wastes. These materials must be buried
immediately (as required by Texas Natural Resource Conservation
Commission), causing diversion of manpower and equipment from
normal operational routines.
Based on operational expenses, the City of Lubbock Solid Waste
Department recommended the increase of rates for specially
handled wastes.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to pass on first reading Ordinance No.
9957 as recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(33.) Consider Resolution No. 5367 creating a Grant Advisory
Board for the Local Law Enforcement Block Grants Program
and appoint members.
RESOLUTION NO.5367
WHEREAS, in Resolution No. 5207, the City Council of the City of Lubbock,
Texas, authorized and directed the Mayor to execute for and on behalf of the City a grant
application and related documents with the United States Department of Justice for a
digital imaging computer system; and
WHEREAS, as a condition of receiving grant funds, the City must establish or
designate an advisory board that includes representatives of groups with a recognized
interest in criminal justice and crime or substance abuse prevention and treatment; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
727
City Council Minutes
December 12, 196r 611A b
Page 728 �-) a+ a 3 I e 3
SECTION 1. THAT an advisory board is hereby created to review the City of
Lubbock's application for funding for a digital imaging computer system for the Lubbock
Police Department and to make nonbinding recommendations to the City Council for the
use of funds received as a result of the application.
SECTION 2. THAT the City Council shall appoint five (5) regular members to
the advisory board consisting of one representative from each of the following categories:
Local law enforcement agency
Local prosecutor's office
Local court system
Local public school system
Local nonprofit group (educational, religious or community)
active in crime prevention or drug use prevention or treatment
SECTION 3. THAT the City Council shall appoint five (5) additional members to
the advisory board (one from each of the above -described categories) who shall serve as
alternate members of such board and participate in the board's activities only if the
regular member who is their counterpart is, for any reason, unable or unwilling to
participate in such activities.
SECTION 4. THAT the staff liaison to the board shall be the Chief of Police of
the City of Lubbock or his designated representative.
SECTION 5. THAT the Board shall select a chairperson in accordance with City
Policy and Procedures Manual, Volume I.
SECTION 6. THAT the regular members of the board or their respective
alternates shall meet at such times and places as they deem necessary to fulfill the
responsibilities designated herein by the Council, and such regular members or alternates
shall appoint one of their members or the staff liaison to record the business and
proceedings of the board and present the board's findings and recommendations to the
Council.
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Walker
Ken Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
Ken Walker, Chief of Police, presented staff comments. This
Advisory Board is a requirement of the Local Law Enforcement
728
City Council Minutes
December 12, 196r 1gci b
Page 729 a a 3) 0 3
Block Grants Program. The City applied for and has been awarded
a block grant in the amount of $277,332. A requirement of this
grant is that an Advisory Board be created to review the City's
application for funding for a digital imaging computer system for
the Lubbock Police Department and to make non -binding
recommendations to the City Council for the use of funds received
as a result of the application. The Advisory Board will be made up
of at least one person from each of the following categories:
Local law enforcement
Local prosecutors office
Local court system
Local public school system
Local non-profit group
The Advisory Board's purpose is to review the application for
funding.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Ince to authorize Resolution No. 5367 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(34.) Consider Resolution No. 5368 authorizing the Mayor Pro Tem
to execute a professional services agreement with Coopers &
Lybrand for a Comprehensive Marketing Analysis for the
Lubbock Memorial Civic Center.
RESOLUTION NO.5368
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 Professional Services
Agreement, attached herewith, by and between the City of Lubbock and Coopers &
Lybrand, L.L.P., and any associated documents, which Agreement shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
729
City Council Minutes
December 12, 16- I ct 9 to
Page 730
R� a awl,,
Passed by the City Council this 12th day of December 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Carolyn Aliamus
Carolyn Aliamus, Managing Director of
Culture and Leisure Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Professional Services Agreement with Coopers & Lybrand L.L.P. is filed
with Resolution 5368.
Carolyn Aliamus-Somma, Director of Culture & Leisure Services,
presented staff comments. In 1993, a 20 year Master Plan for the
Civic Center facility was completed and expansion in phases was
reviewed. The possibilities of a new arena put any expansion plans
on hold. The METTS Board is recommending that the expansion
of the Civic Center be revisited. In order to ensure that the
expansion needs that were identified in 1993 are still justified, the
METTS Board is recommending that a marketing and needs
analysis be completed by a qualified firm.
Requests for Proposals were solicited from qualified firms and the
City received written proposals from four firms. These proposals
were reviewed and evaluated by a Selection Review Committee
and, based on the cumulative ratings, Coopers & Lybrand emerged
as the committee's recommended firm. Their Sports,
Entertainment and Leisure Consulting Group, which is a division
of Coopers & Lybrand, will be performing the analysis. They have
extensive experience in providing this type of consulting services
for numerous convention centers in Texas and around the country.
This recommendation was forwarded to City Council in written
form and, hearing no objection from Council, staff proceeded to
negotiate an agreement with Coopers & Lybrand.
The agreement was negotiated and the terms are detailed in the
agreement which is being submitted for Council consideration and
is included in Council's backup. A recap of the key provisions of
the agreement is as follows:
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December 12, 49&
Page 731 1a3� b 3
The firm will complete an analysis which will include defining
the market demand as constituted by local, state, regional, and
national events, identify major competitive facilities in Texas
and the regional market area as well as other local facilities and
analyze their competitive effect on the Memorial Civic Center.
They will also evaluate current utilization of the facility.
Surveys of user groups will be conducted to determine current
and future space needs and the firm will develop
recommendations for booking targets for the Center and general
strategies for achieving those targets.
Based on the firm's findings of the market analysis and needs
assessment, the firm will provide a recommendation as to
whether or not expansion of the Center is warranted. If
warranted, the firm will recommended the type and size of
expansion components.
The fee for this project will be based on hourly rates, not to
exceed $30,500. Should the number of hours be less than
estimated, the City shall be billed only for those hours actually
incurred. Reimbursable expenses, for travel expenses,
reproduction of documents, telephone charges, etc., are not to
exceed $3,500.
The timetable for completion of the analysis is 45 days from the
date of execution of the agreement by all parties.
The RFP #13622 as well as the proposal submitted by Coopers
& Lybrand are incorporated by reference as part of the
agreement.
The firm of Coopers & Lybrand was selected to perform a
comprehensive marketing analysis for the Lubbock Memorial
Civic Center. This analysis will determine if expansion of the
facility is warranted and, if so, the size and type of space
components needed. The fee will be up to, but not to exceed
$30,500 for the analysis and $3,500 for reimbursable expenses.
The analysis is expected to be completed in 45 days. Staff is
recommending that the agreement with Coopers & Lybrand be
approved.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Patterson to authorize Resolution No. 5368 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays.
(35.) Consider a joint election resolution with Lubbock County
authorizing the January 18,1997, election to be a Joint
Election.
This item was deleted from the agenda.
(35A.) Consider Ordinance No. 9958 extending the Southwestern Bell
Telephone Franchise for an additional three months.
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City Council Minutes
December 12, 1-%— 1 b
Page 732
�� a(a31b3
ORDINANCE NO.9958
AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 9452 TO PROVIDE FOR A LONGER TERM AND TO ADD
TERMINATION AND OTHER PROVISIONS AS A RESULT OF THE CHANGES
MADE BY THE PUBLIC UTILITY REGULATORY ACT OF 1995, CODIFIED AS
TEX. REV. CIV. STAT. ANN. ART. 1446C-O.
Gavino Sotelo, First Assistant City Manager, presented staff
comments. Our telecommunications consultant has asked us to
extend our SW Bell franchise for another three months in case our
franchise negotiations are not concluded at the next meeting.
As a franchise ordinance cannot be extended as an emergency
ordinance on one reading, it is necessary to pass the ordinance on
two readings before December 31, 1996.
Staff recommended the approval of this ordinance.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to pass on first reading Ordinance No.
9958 as recommended by staff. Motion carried: 4 Yeas; 0 Nays.
The City Council adjourned into Executive Session at 11:40 A.M.
(36.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
matters (City Manager and City Secretary).
(37.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation (Culture & Leisure Services, Lubbock
Power & Light and Water Utilities).
(38.) 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 (Electric Utilities).
(39.) 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
Human Relations Commission
Local Law Enforcement Block Grants Program Grant
Advisory Board
Lubbock Libraries Board
Planning and Zoning Commission
Structural Standards Commission
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City Council Minutes
December 12, 196— 1qq to
Page 733
Urban Design & Historic Preservation Commission
The City Council reconvened at 1:10 P.M.
(40.) Consider one appointment to the Lubbock Housing Finance
Corporation Board of Directors.
Board Member David Langston's term expires December 31, 1996.
Mr. Langston has served two full terms on this legal entity and is
therefore ineligible to serve a third term. All terms have the
common expiration date of December 31, and each term is for 6
years. The purpose of this Board of Directors is to accomplish the
public purposes of, and on behalf of, the City pursuant to the Texas
Housing Finance Corporation Act, by financing the cost of
residential ownership and development that will provide decent,
safe and sanitary housing for residents of the City at affordable
prices.
The Appointments Advisory Board recommended the following
persons for consideration to fill this position:
Freddie Reyna (M,H,E)
David Quintanilla (M,H,C)
Dwight Overton (M,A,S)
Bill Kilgore (M,A,S)
It was consensus of Council to hold this appointment at this time.
(41.) Consider two appointments to Lubbock Arts Alliance Grants
Review Committee.
Motion was made by Councilmember Patterson and seconded by
Councilmember Ince to appointment Kay Woods Brown and Anna
Mosqueda to the Appointments Advisory Board. Motion carried: 4
Yeas; 0 Nays.
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December 12, 1'9*- 1 cl q �o
Page 734
k Ct J1 a3)03
There being no further business or discussion, motion was made by Councilmember
Patterson, seconded by Councilmember Ince to adjourn the meeting at 1;20 P M. Motion
carried: 4 Yeas; 0 Nays. { ! i
ORr, MAYOR PRO TEM
ATTEST:
ayt e arnell, City Secretary
Read and approved this 1 Oth of March 1997.
ALEX "TIY" COOKE, MAYOR PRO TEM
AT EST:
Kayth e arnell, City Secretary
734