HomeMy WebLinkAboutMinutes - City Council - Regular - 4/25/2002CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 25, 2002
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 25th
day of April, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:31 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez,
Councilmember Marc McDougal, Councilmember Frank W.
Morrison, Councilmember David Nelson, Councilmember T.J.
Patterson
Absent: Mayor Sitton
CITIZEN COMMENTS
One citizen expressed comments to the Council. Bobby Stargel talked to
Council concerning Citibus. He has ridden for approximately 14 years
and rides 5 times weekly. Mr. Stargel stated that (1) bus drivers are
inconsistent in complying with the rules; (2) are unsafe as they drive too
fast trying to make up lost time; and, (3) they will let you off at an
alternate stop, but will not pick you up from the same place. He had
several complaints and Council suggested that Bob Goodwin, Assistant to
the City Council, meet with him and find out what needs to be done.
EXECUTIVE SESSION
Mayor Pro Tem Cooke stated the Council would hold an executive session
in accordance with the V.T.C.A. Government Code, Section 551 to
discuss personnel matters (City Attorney; City Manager; City Secretary;
Municipal Court Judge); to deliberate, vote and take final action on
electric rates of Lubbock Power and Light (Electric Utilities); pending or
contemplated litigation (Water Utilities); personnel matters regarding
duties, responsibilities, and/or appointments (Boards and Commissions);
and to deliberate the purchase, exchange, lease, or value of real property
(Aviation; Cemetery Department; Parks Department; Water Utilities).
7:40 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary; Municipal Court Judge) and
take appropriate action.
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, to deliberate, vote and take final action on
electric rates of Lubbock Power and Light (Electric Utilities).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Water Utilities).
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(4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Appointments Advisory Board
Board of Electrical Examiners
Canadian River Municipal Water Authority
Citizens Traffic Commission
Community Development and Services Board
Keep Lubbock Beautiful Advisory Committee
Libraries Board
Urban Design/Historic Preservation
Youth Commission -Adults
( 5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Aviation; Cemetery Department; Parks
Department; Water Utilities).
9:08 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
(6.) Presentation regarding the progress of the Millennium Advisory
Committee. David Langston, Vice Chairman of Committee (20
minutes)
In December 1999, the City Council appointed the Millennium Advisory
Committee (MAC), comprised of seventeen citizens from diverse
backgrounds. The committee was charged with recommending at least
one project and funding source to commemorate the past 100 years of art,
architecture, heritage and history of Lubbock and the Llano Estacado. In
addition, the MAC was charged with recommending at least one project
and funding source to commemorate the future.
Over the course of the past two years, the MAC has met numerous times
to review concepts for a project to recommended. The committee selected
a "Crossroads in Time theme for the project to commemorate the past.
To respond to the task of recommending a project for the future, the MAC
has been actively involved in the design of the Mackenzie Amphitheater.
The initial concepts for the proposed "Crossroads in Time" project were
variations on a clock. The MAC identified twelve themes to be
represented by the hours on the face of the clock. In February 2001, the
City of Lubbock issued a Request for Proposals (RFP) for the design
services of the "Crossroads in Time" project. Due to staff turnover and
difficulty in negotiating an acceptable consulting fee for the design, the
selection of the design team was delayed considerably. The top choice for
the design services was Hellmuth, Obata and Kassabaum, LP (HOK), a
nationally renowned firm. Staff negotiations with this firm lasted from
June 2001 through September 2001. HOK's best and final offer was
rejected and the City of Lubbock officially ended negotiations with the
firm. Staff then began negotiating a contract with the second highest rated
design team, Parkhill, Smith and Cooper, a local firm.
In December 2001, the City entered into a design contract with Parkhill,
Smith and Cooper for the design of the Millennium "Crossroads in Time"
project. The MAC met on February 6, 2002 to tour five sites as part of
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the site selection process for the design phase. The MAC overwhelmingly
selected the County Precinct site on East Broadway, adjacent to the
proposed Mackenzie Amphitheater, for the "Crossroads in Time" project
site.
Since that time, the design team has involved three MAC members, Andy
Wilkinson, Don Caldwell and Danny Espinoza, in the design concepts for
the project that will be located at the County Precinct site.
The MAC has also been involved recently in the discussions with the
owner of the Canyon Amphitheater. On April 8, 2002, the MAC met for
a briefing on the issues surrounding the Mackenzie Amphitheater and the
offer to purchase the private venue. As was mentioned at the April 11,
2002 City Council work session, Mr. Morris, the owner of the private
amphitheater, was invited to address the MAC.
Over the next few months, the MAC will continue to finalize the
"Crossroads in Time" design and recommendations to City Council on
how to proceed. A separate work session will be held in June 2002 to
address those issues.
David Langston, Vice Chairman of the Millennium Advisory Committee
made a presentation about the progress of the committee.
Next item to be considered was Item No. 9.
( 7.) Youth Commission Presentation. Everett "Scoop" Hooper, Youth
Service Coordinator, and members of the City of Lubbock Youth
Commission (20 minutes)
This item was considered following Item No. 9.
On June 24, 1999 the City Council passed a resolution establishing the
first City of Lubbock Youth Commission. The goals and objectives of the
Commission are to develop an alliance among youth, youth service
agencies, city government, schools, and the community to secure for all
children and youth the highest advantage in. physical, mental, social, and
moral development, and to advise on how to solve the problems
encountered in providing services to the youth of the community.
No action was required on this item.
(8.) Presentation by the Special Tactics and Rescue Team regarding their
involvement in Police Department operations. Curtis Watkins, Team
Member and Dr. Charles Addington, Medical Advisor (20 minutes)
This item was deleted.
(9.) Presentation concerning waiver of PILOT Fees to the Lubbock
Housing Authority. Randy Truesdell, Parks and Recreation Manager
(10 minutes)
This item was considered following Item No. 6.
The Lubbock Housing Authority has requested the City Council to waive past
and future PILOT Fees in exchange for ornamental fencing and various
community projects. The amount currently payable to the City of Lubbock
for PILOT Fees is $132,000 and the annual amount due is $32,000.
Greenfair is a low-income housing project operated by the Lubbock Housing
Authority and is slated for closure. In order to rescue some of the existing
structure, the steel fence surrounding the property could be used for
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development projects in the Jim Bertram Lake System. Due to its current
condition, it is difficult to estimate a market value for the fence. The
estimated value of the fence, in its existing condition, is $5,500.
Randy Truesdell, Parks and Recreation Manager and Max Tarbox,
Chairperson of Board of Commissioners for Lubbock Housing Authority,
addressed Council concerning waiver of PILOT Fees to the Lubbock
Housing Authority.
Next item to be considered was Item No. 7.
10:59 A. M. WORK SESSION RECESSED
11:15 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Victor Hernandez, Councilmember Marc McDougal,
Councilmember Frank W. Morrison, Councilmember David Nelson,
Councilmember T. J. Patterson; Bob Cass, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Also present was Sara Sharp, an eighth grade student at Irons Junior
High, who was Mayor Sitton's shadow for the day.
No one was absent.
Mayor Sitton called the meeting to order at 11:15 A. M.
(10.) Invocation by Pastor Sean Robinson, Seventh-Day Adventist Church.
(11.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
ARD APPOINTMENTS RECOGNITION
Citizens Traffic Commission
Receiving: David Miller (unable to attend)
Culture and Arts Commission
Receiving: Beena Variyam
Neighborhood Redevelopment Commission
Receiving: Carrol Blackwell (unable to attend)
Structural Standards Commission
Receiving: Robert Moore
Joseph Rapier
CITIZEN APPEARANCES
(12.) Presentation of a special recognition to Nicole Neal for being crowned
2002 Miss Lubbock U.S.A and Kelsey White for being crowned 2002
Miss Lubbock Teen U.S.A.
Nicole Neal is a Junior at Texas Tech University studying for a degree in
Interior Design with a minor in Architecture. She is a native of Midland
and moved to Lubbock to go to college. Nicole is active in the American
Cancer Society and organ donation programs. Nicole will participate in
the Miss Texas U.S.A. pageant in July held in Lubbock.
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Kelsey White is a junior at Monterey High School. She plans to go to
college after she graduates in May 2003. Kelsey is supporter of the
Scottish Rite and works closely with children and adults that suffer some
type of learning disability. Kelsey will participate in the Miss Texas Teen
U.S.A. pageant in November in Houston Texas.
A special recognition was presented to Nicole Neal, Miss Lubbock U.S.A
and Kelsey White, Miss Lubbock Teen U.S.A. in honor of being crowned
with these titles.
(13.) Presentation of a special recognition to the Harwell Elementary
Destination Imagination team who recently won the State Destination
Imagination Competition.
Destination Imagination is a creative problem -solving program that
challenges kids to use their academic knowledge and creativity to work as
a team and solve a problem. The Harwell students chose the problem
StranDid. The problem specified that they were in a stranded situation
and they had to create a device made up of three simple machines that
would get them out of their stranded situation. They were required to
present their solution in the form of a skit complete with props and
costumes.
Stephanie Silva, Geneva Garza, Jesus Fuentes, Kevin Rivas, Anthony
Perez, Monica Rivera, and David Axtell are the students that participated
in the Destination Imagination state competition and won. The Destination
Imagination team will attend the Global Finals in Knoxville, Tennessee on
May 22-25, 2002.
Councilmembers Hernandez and Patterson assisted Mayor Sitton in
presenting a special recognition to Principal Celia Glick and students
Stephanie Silva, Geneva Garza, Jesus Fuentes, Kevin Rivas, Anthony
Perez, Monica Rivera, and David Axtell, the Destination Imagination
team from Harwell Elementary that won the Destination Imagination State
Competition. Ms. Glick introduced Eddie Fitzgerald, coordinator and
Sandy Hancock, coach for the Destination Imagination team.
Next item to be considered was Item No. 15.
(14.) Presentation of a special recognition to Goodwill Industries for the
organization's 1001h Anniversary.
This item was considered following Item No. 15.
Goodwill Industries provides people with the tools they need to succeed in
the work place. They are one of the world's largest nonprofit providers of
employment and training services for people with disabilities and other
disadvantaging conditions such as welfare, dependency, illiteracy,
criminal history, and homelessness, and are celebrating their 100`'
Anniversary this year.
Dr. Julie Smith -Morrow, Director of Goodwill Industries of Lubbock, was
present to receive the special recognition.
A presentation of a special recognition was made to Goodwill Industries
for their 1001h Anniversary of service within the community.
Next item to be considered was Item No. 16.
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(15.) Presentation of a special recognition to the Lubbock Alumnae Chapter
of Delta Sigma Theta Sorority, Inc., recognizing their contributions to
the Lubbock community.
This item was considered following Item No. 13.
The Lubbock Alumnae Chapter of Delta Sigma Theta Sorority was
established in 1952 by nine concerned African -American women who
dedicated themselves to servicing the public and to improving the quality
of life for all. Members will again be participating in Delta Day at City
Hall. This program promotes the advancement of education regarding the
services that are performed by the City of Lubbock. Members will arrive
at 9:00 a.m. for a meeting with Councilman Patterson and possibly one
other Council member, and the participants will then stay to watch work
session and the regular City Council meeting.
Councilmember Patterson assisted Mayor Sitton in presenting a special
recognition to the Lubbock Alumnae Chapter of Delta Sigma Theta
Sorority President, Ruby White and other sorority members participating
in Delta Day recognizing their contributions to the Lubbock community.
sorority members participating in Delta Day.
Next item to be considered was Item No. 14.
(16.) Presentation of a special recognition to the National Association of
Letter Carriers Branch 2589 commemorating Saturday, May 11,
2002, as the National Association of Letter Carriers National Food
Drive Day.
This item was considered following Item No. 14.
For the past ten years, the National Association of Letter Carriers (NALC)
has held the largest one -day food drive in the nation on the second
Saturday in May. This year on May 11, more than 13,000 cities and
towns will participate as letter carriers collect nonperishable food
donations left by mailboxes and in post offices and deliver them to local
community food banks, pantries and shelters. More than 1,500 local
NALC branches in all 50 states and U.S. jurisdictions are involved in the
drive. Last year Branch 2589, Lubbock's local chapter of the NALC,
Ocollected 110,000 pounds of food, which was given to the South Plains
Food Bank for distribution in the Lubbock area.
A special recognition was presented to the National Association of Letter
Carriers Branch 2589 commemorating Saturday, May 11, 2002, as the
National Association of Letter Carriers National Food Drive Day. Eddie
Odle, Vice President of NALC Branch 2589; Ted Tyler, U.S. Postmaster;
and David Weaver, Jr., South Plains Food Bank, were present to receive
the special recognition.
Next item to be considered was Item No. 18.
(17.) Presentation of a special recognition to Jim Bertram in recognition of
his being inducted into the College of Fellows of the American
Institute of Certified Planners.
This item was considered following Item No. 18.
The American Institute of Certified Planners is the American Planning
Association's professional institute, providing recognized leadership
nationwide in the certification of professional planners, ethics,
professional development, planning education, and the standards of
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practice. Election to The College of Fellows is one of the highest honors
that the AICP bestows on a member. This honor is recognition of the
achievements of the planner as an individual., elevating the Fellow before
the public and the profession as a model planner who has made significant
contributions to planning and society.
The application for James Bertram to be elected as a Fellow of the
American Institute of Certified Planners included the following summary
statement:
Among hundreds, five major projects are outstanding: the 1975
Comprehensive Land Use Plan, the Jim Bertram Canyon Lakes Project,
the Lubbock Sign Ordinance, Depot District and Broadway Streetscape.
From the CLUP guiding development for thirty years and the cutting edge
1975 Sign Code to the three development projects, the atmosphere and
feel of Lubbock as a well planned, clean and efficient City have been
under his guidance.
On April 15, 2002 Jim Bertram was awarded Fellow status at the National
Convention of the APA in Chicago. His nomination was the only one
accepted by the National FAICP Board for applicants from Texas.
Nationally, only 201 persons have been inaugurated into the College of
Fellows.
Craig Farmer, Director of Stragetic Planning, introduced Jim Betram. A
special recognition was presented to Jim Bertram in recognition of his
induction into the College of Fellows of the American Institute of
Certified Planners.
(18.) Presentation of a special recognition to City of Lubbock employees
that have volunteered their time to help others within the community
and to commemorate April 21-27, 2002, as National Volunteer Week.
This item was considered following Item No. 16.
More than one hundred City of Lubbock employees have volunteered their
valuable time in order to help other individuals or organizations within the
community. Volunteers are the heart and soul of many not for profit
agencies, faith based organizations, civic groups, and youth organizations
in Lubbock.
National Volunteer week began in 1974 when President Richard Nixon
signed an executive order establishing the Week as an annual celebration
of volunteering. This year's National Volunteer Week theme "Celebrate
the American Spirit -VOLUNTEER", is particularly appropriate as staff
continue to witness the outpouring of contributions and compassion
following the September 11 attack on our country.
City employees should be recognized for giving back to the community
numerous volunteer hours for needed causes. To summarize a few:
• Churches (teaching choir)
• Leagues
• Boy and Girl Scouts
• Ronald McDonald House
• Women's Protective Services
• Rape Crisis Center
A special recognition was be presented to City of Lubbock employees who
have volunteered their time to help make a positive difference in the lives
of others throughout the community.
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Next item to be considered was Item No. 17.
TOP TEN LIST
Councilmember David Nelson will give his Top Ten List of Positive
Things About Lubbock.
This item was deleted.
CONSENT AGENDA (Items Nos. 19-29, 31-51)
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Items 19-29, 31-51 on consent
agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(19.) Approval of Minutes: April 4, 2002
Special City Council Meeting
April 11, 2002
Regular City Council Meeting
(20.) ORDINANCE #2002-00041-Abandoning and closing two portions of a
right-of-way easement for 82°d Street recorded in Volume 507, Page
363 of Deed Records of Lubbock County, Texas (1901 82nd Street)
(second and final reading).
ORDINANCE NO. 2002-00041
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 98TH
STREET LOCATED IN SECTION 14, 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.
(21.) ORDINANCE #2002-00042-Conforming the list of voting precincts to
the official City voting map adopted January 23, 2002 (second and
final reading).
ORDINANCE NO. 2002-00042
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE
LANGUAGE OF SECTION 8-4(b) WITH REGARD TO CONFORMING THE LIST
OF VOTING PRECINCTS CONTAINED IN THE VARIOUS CITY COUNCIL
DISTRICTS TO ORDINANCE NO. 2002-00009 ENACTED JANUARY 23, 2002;
PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL
REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
(22.) Ordinance No. 2002-00043 to amend Chapter 13 of the Lubbock Code
of Ordinances to adopt the "Property Maintenance Code of the City of
Lubbock" (first reading).
ORDINANCE NO. 2002-00043
AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ADOPTING THE 2002 PROPERTY MAINTENANCE CODE; PROVIDING A
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PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The current Substandard Structure Ordinance was adopted on October 20,
1994. Since that time, staff has identified new trends, new issues, new
statutory opportunities, and the need to coordinate with other City
departments that result in the need to amend Chapter 13 of Lubbock Code
of Ordinances. The major changes address the following issues:
• Occupying sub -standard structures prior to hearing;
• Health and Safety issues;
• Civil penalties;
• Recovering administrative costs;
• Maintenance of fences;
• Coordinating with the (new Building Inspection) codes; and
• Creating definitions for manufactured homes, mobile homes and
incomplete construction.
A sheet was attached providing more detail about the changes.
Staff has been meeting with a citizen's focus group representative of the
community on different code issues. The new "Property Maintenance
Code" was presented to the focus group and they supported the new code.
In addition, the Structural Standard Commission voted to support the new
code at their April meeting.
Staff recommended approval of first reading of this ordinance.
(23.) Ordinance No. 2002-00044 to amend Chapter 16 of the Lubbock Code
of Ordinances in regard to amending the definition of a junk vehicle;
relocation of public nuisances; providing a savings clause; and
providing for publication (first reading).
ORDINANCE NO. 2002-00044
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
DEFINTIONS RELATED TO JUNKED VEHICLES; RELOCATION OF PUBLIC
NUISANCE TO ANOTHER LOCATION; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This amendment will make the City of Lubbock Code of Ordinances
regarding the definition of a junk vehicle and the relocation of public
nuisances consistent with the State Statute. The new definition reduces the
criteria requirement on junk vehicles, which will result in more junk
vehicles to be cited. Another change in the definition reduces the number
of consecutive days an inoperable vehicle can remain on a property from
45 days to 30 days.
In addition, this amendment states the relocation of a junk vehicle to
another site has no effect on the proceedings if it still constitutes a public
nuisance at a new location.
Staff recommended approval of first reading of this ordinance.
(24.) Ordinance No. 2002-00045 abandoning and closing a ten -foot
underground utility easement located in Lot 1, Litton Addition to the
City of Lubbock (1818 North Martin Luther King, Jr. Boulevard)
(first reading).
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ORDINANCE NO. 00045
AN ORDINANCE ABANDONING AND CLOSING A TEN FOOT
UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 1, LITTON
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, 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.
This ordinance abandons and closes a 10-foot by 305-foot underground
utility easement located in the northwest portion of Lot 1, Litton Addition.
This is located just east of the intersection of North Martin Luther King,
Jr. Boulevard and Northeast Loop 289. This easement was dedicated
when this property was platted and is no longer needed. The requestor of
this closure is the South Plains Food Bank and Breedlove Plant and it is
being closed for building expansion purposes.
Staff recommended approval of first reading of this ordinance.
(25.) Ordinance No. 2002-00046 abandoning and closing a portion of 98"'
Street in Section 14, Block E-2, Lubbock County, Texas (9715
Orlando Avenue) (first reading).
ORDINANCE NO. 2002-00046
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 98`'' STREET
LOCATED IN SECTION 14, 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.
This ordinance abandons and closes a 0.137-acre portion of 98`' Street that
was dedicated when the Kingsgate Addition was platted. This street
portion is located on the east side of Orlando Avenue at 98' Street. In
1994, TxDOT reconstructed the 98' and Quaker Avenue intersection and
moved 98`' Street southward leaving several pieces of 98' Street to be
closed. Recently, the south half of this 98' Street piece was closed and
this ordinance closes the north half at this location. The requestor of this
closure was not the original dedicator, so there will be a charge for this
street area. This tract of land is 55.00 feet in width along Orlando
Avenue. The City has been selling the excess right-of-way along Indiana
Avenue for $5 per front foot and the Right -of -Way Department
recommended the same for a sales price to the abutting property owner,
Larry Davidson, of $275. There are two additional reasons for this, first
the street area is not platted and the water and sewer pro-ratas would have
to be paid upon platting, and second, nothing will ever be able to build on
this street area because it will always remain as an easement since there
are at least three major utility lines running east to west across it.
Staff recommended approval of first reading of this ordinance.
(26.) Ordinance No. 2002-00047 abandoning and closing a portion of a 5-
foot underground utility easement and two six-foot by eight -foot
switch enclosure easements for LP&L located in Lot 1, Village Center
to the City of Lubbock (5610 West Loop 289) (first reading).
ORDINANCE NO. 2002-00047
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 5
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FOOT UNDERGROUND UTILITY EASEMENT AND TWO 6 FOOT BY 8 FOOT
LP&L SWITCH ENCLOSURE EASEMENTS LOCATED IN LOT 1, VILLAGE
CENTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, 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.
This ordinance abandons and closes a portion of an LP&L 5-foot
underground utility easement and two switch enclosure easements located
in Lot 1, Village Center Addition. This is located just west of West Loop
289 and north of Spur 327. This property is being re -platted into two lots
and new easements have been dedicated on the final plat to replace them.
Staff recommended approval of first reading of this ordinance.
(27.) Ordinance No. 2002-00048 abandoning and closing a portion of 14te
Street located adjacent to Block 147 and Block 163, Original Town
Addition to the City of Lubbock (1212 14`n Street) (first reading).
ORDINANCE NO. 2002-00048
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 14`h
STREET LOCATED ADJACENT TO BLOCK 147 AND BLOCK 163 ORIGINAL
TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Recently the City of Lubbock passed an ordinance abandoning and closing
a portion of 14`' Street just to the west of Avenue K for the new Omni
Office Center. The survey company who is preparing the final plat
adjusted the west end of the area of 14`h Street being closed for a slightly
different curve radius and 45.3 square feet of additional street area is
needed to be closed. This area being closed will remain as an easement
and the City will receive $45.30 for the additional area being closed.
Staff recommended approval of first reading of this ordinance.
(28.) Ordinance No. 2002-00049 authorizing the Mayor to amend
subsection 26-22(b)(2) of the Code of Ordinances providing for
adjustment of distribution of Hotel Occupancy tax funds in
accordance with City Council resolutions as needed (first reading).
ORDINANCE NO. 2002-00049
AN ORDINANCE AMENDING SUBSECTION 26-22(b)(2) OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO PROVIDE FOR
ADJUSTMENT OF DISTRIBUTION OF HOTEL OCCUPANCY TAX FUNDS IN
ACCORDANCE WITH CITY COUNCIL RESOLUTIONS AS NEEDED;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The ordinance will be changed to more general language allowing for
future changes to the Hotel Occupancy tax to be made by resolution.
Future changes to the distribution of hotel occupancy tax funds will no
longer require an amendment to subsection 26-22(b)(2) of the Code of
Ordinances.
Staff recommended approval of first reading of this ordinance.
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(29.) Resolution No. 2002-RO141 authorizing the Mayor to change the end
of year true -up procedures for Hotel/Motel Tax revenue allowing for
revenue to be set in a Special Projects Fund to fund projects as
approved by the City Council.
RESOLUTION NO. 2002-RO141
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby approves the distribution
of hotel occupancy tax revenues in accordance with the schedule attached hereto as
Exhibit A and made a part hereof for all purposes.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte
Debra Forte, Deputy City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
A copy of Exhibit A is filed with Resolution No. 2002-R0141.
The Hotel Motel Tax ordinance was last revised in 1995. Since then the
funds received from the hotel/motel tax levied have been distributed as
follows:
Culture/Leisure facility Renovation & debt 18.58 %
Historic preservation & restoration Ft. Worth
& Denver Depot
Civic Center Marketing
8.19%
Convention & Tourism Bureau
42.86 %
Lubbock Arts Alliance
5.71 %
Municipal Arts Administration
5.71 %
Visitor Information Center
2.87%
Inbound Tourist Travel
1.07 %
Visiting Participatory & Spectator Sports
11.43 %
Tourism Reserve Fund
3.57 %
The attached resolution is not changing the distribution schedule noted
above. The allocations will continue to be prorated by the same
methodology, however a cap of 3 % growth will be used for true -up
payments for FY 01-02. Funds in excess are to be dedicated in a separate
fund called Special Projects Fund. Projects funded with this fund will be
approved by the City Council. The true -up process will be phased out
over the next two fiscal years.
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Page 279
For the 2001-02 Revised Budget, all distributions will be 100% of budget
and only 3 % above budget. For the 2002-03 Budget, all distributions will
be 100% of budget and only 1 1/2 %above budget. For FY 2003-04 and
beyond, all distributions will be 100% of budget only. Any Hotel/Motel
revenue received above budget will not be distributed; all monies received
over budget will go to the Special Projects Fund.
Staff recommended approval of this resolution.
Next item to be considered was Item No. 31.
(30.) Resolution No. 2002-RO163 authorizing the Mayor to sign an amended
agreement between Civic Lubbock, Inc. and the City of Lubbock.
This item was considered following Item No. 51.
RESOLUTION NO. 2002-RO163
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a License Agreement for use of the
Lubbock Auditorium/Coliseum and Civic Center and any associated documents by and
between the City of Lubbock and Civic Lubbock, Inc., a Texas Non -Profit Corporation,
a copy of which Agreement is attached hereto and which shall be spread upon the
minutes of this Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 280
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0163.
The proposed amended agreement between the City of Lubbock and Civic
Lubbock, Inc. combines all prior executed amendments from 1999 to the
present into one document. The amendment also provides for the City to
transfer the computerized ticketing operation, Select -a -Seat, back to Civic
Lubbock, Inc. The Select -a -Seat operation was originally established in
1990 and was owned and operated by Civic Lubbock, Inc. In 1996, this
operation and associated equipment was transferred over to the City when
Civic Lubbock, Inc. was re -structured.
By transferring the operation back to Civic Lubbock, Inc., the
organization will be able to expand their programs and further fulfill their
chartered purpose, which is to foster and promote cultural, educational
and entertainment programs and activities for the citizens of Lubbock and
the surrounding area. In consideration for taking back the ticketing
operation, the amended agreement also provides for the City to pay to
Civic Lubbock, Inc. the amount of $160,000 per year for two years.
These funds will be used to sponsor recreational skating programs and
tournaments, with the provision that Civic Lubbock, Inc. will reimburse to
the City any profits from the ticketing operation generated during the
2002/2003 fiscal year. These programs are an enhancement to the quality
of life for the youth and citizens of the area and also bring in visitors
through tournaments.
The amended agreement also extends the term of the agreement for an
additional eight years. This will allow Civic Lubbock, Inc. to expand
their programs even further with the potential revenue from the ticketing
operation.
Tommy Gonzalez, Assistant City Manager and Nancy Haney, Community
Development Manager, made staff comments.
Staff recommended approval of this resolution.
Motion was made by Councilmember McDougal seconded by
Councilmember Nelson to pass Resolution No. 2002-RO163 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 52.
(31.) Resolution No. 2002-RO142 authorizing the Mayor to execute an alley -
use license with Depot Alley, LLC for the use of a City alley in Block
214 Original Town Addition as part of a pedestrian mall (1701 Texas
Avenue) .
RESOLUTION NO. 2002-RO142
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
Regular City Council Meeting
April 25, 2002
Page 281
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Alley Use License with
associated documents with Depot Alley, LLC for a pedestrian mall. Said agreements are
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of the Agreement is filed with Resolution No. 2002-R142.
Nola and Damon Richards, doing business as Depot Alley, LLC own the
majority of the property in Block 214, Original Town Addition. This
property is in the Depot District and is bounded on the north by 171h
Street, on the east by Buddy Holly Avenue, on the south by 181h Street,
and on the west by Texas Avenue. Working with the adjacent property
owners in this block, they desire to turn this entire block into a pedestrian
mall with art galleries, a restaurant, shops, and landscaping. In order to
do this, they are asking for an alley -use license so they can install a gate at
each end of the alley to keep cross traffic out and for the protection of
mall customers. This alley will remain open for utilities. The existing
dumpsters will be relocated to the east and to the south of this block for
garbage collection. The adjacent property owners have given their
permission for this dumpster relocation. This alley -use license will be for
twenty years, payable every five years in advance. The City will receive
$1,040 per year or $5,200 for each five-year period.
Staff recommended approval of this resolution.
(32.) Resolution No. 2002-RO143 authorizing the Mayor to execute a
monitor well permit with Llano -Permian Environmental for a monitor
well on City property (1640 131b Street).
RESOLUTION NO. 2002-RO143
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 Use License and/or
City Public Grounds Monitor Well Permit, with associated documents, between the City
of Lubbock and Llano Permian Environmental. Said agreements are attached hereto and
Regular City Council Meeting
April 25, 2002
Page 282
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of the Agreement is filed with Resolution No. 2002-R143
This monitor well permit allows Llano -Permian Environmental to drill a
ground water monitor well on City property northwest of City hall. This
monitor well will be drilled on the west side of the City hall parking lot
just north of 131h Street and east of the service station at 1219 Avenue Q.
The service station had an underground leaking fuel tank and the TNRCC
has requested that they go off site with a monitor well in addition to what
they have already drilled on their property. This permit is for 20 years,
payable every 5 years in advance. All utilities are in agreement and the
City will receive $100 per year for this monitor well location.
Staff recommended approval of this resolution.
(33.) Resolution No. 2002-RO144 authorizing the Mayor to execute a
monitor well permit with Townsend -Strong, Inc. for a street right-of-
way monitor well (1102 East 50`h Street).
RESOLUTION NO. 2002-RO144
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 Use License and/or
City Public Grounds Monitor Well Permit, with associated documents, between the City
of Lubbock and Townsend -Strong, Inc. Said agreements are attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
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Page 283
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of the Agreement is filed with Resolution No. 2002-R0144.
This monitor well permit allows Daniel B. Stephens & A14ssociates, Inc.
to drill a ground water monitor well in City street right-of-way. This
monitor well will be drilled just east of King Avenue on the south side of
east 52" Street. Scott Manufacturing at 918 East 50' Street had an
underground leaking fuel tank and the TNRCC has requested that they go
off site with a monitor well in addition to what they have already drilled
on their property. This permit is for 20 years, payable every 5 years in
advance. All utilities are in agreement and the City will receive $100 per
year for this monitor well location.
Staff recommended approval of this resolution
(34.) Resolution No. 2002-R0145 approving the plans or schematics for
paving improvements on a street to be included in an assessment
program. The street is Frankford Avenue from 82°d Street to 981'
Street.
RESOLUTION NO. 2002-ROl_45
WHEREAS, the City Council on October 11, 2001, passed Resolution No. 2001-
R0393 providing for the improvements of portions of a street in the City of Lubbock, Texas,
and along the boundaries of said City, and directing preparation of plans and specifications
covering the street as named in said Resolution; and
WHEREAS, the City Engineer has prepared and filed with the City plans or
schematics and standard specifications for such improvements, and the same have been
examined; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the plans or schematics and standard specifications submitted by the City
Engineer covering improvements contemplated by said Resolutions BE and the same are
hereby approved.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
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April 25, 2002
Page 284
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney/Office Practice
This resolution is the second of five resolutions associated with an
assessment program for the construction of paving improvements
approved by the City Engineer as follows:
Frankford Avenue from 82°d Street to 98`' Street.
The plans or schematics for the streets and alleys have been prepared by
City staff and are available for inspection in the City Engineer's office.
Staff recommended approval of this resolution.
(35.) Resolution No. 2002-RO146 authorizing Citibus General Manager to
execute a Federal Transit Administration FY 2002 Section 5309
Discretionary Grant.
RESOLUTION NO. 2002-RO146
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mr. John Wilson, Citibus General Manager is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a grant between the Federal
Transit Administration and the City of Lubbock for a FY2002 Section 5309
Discretionary Grant, and all related documents. Said Grant Application is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
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April 25, 2002
Page 285
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Grant Application is filed with Resolution No. 2002-R0146.
The Federal Transit Administration has allocated $990,029 to The City of
Lubbock/Citibus for a FY 2002 Section 5309 Discretionary Grant. The
grant is to be used for Phase II of the Texas Tech University Park and
Ride Lot. The lighted park and ride lot will have approximately 1500
parking spaces, bike racks, passenger amenities and a dedicated bus lane.
Citibus will shuttle students, faculty, and visitors from the lot to the main
campus for classes and special events. The grant for Phase I of the park
and ride lot will be amended to include the funds allocated for the FY
2002 grant. Toll credits from the Texas Department of Transportation
will allow for the Federal Transit Administration funds to be used at
100%, meaning no local match will be required. The toll credits have
been awarded and are on the agenda for this City Council meeting.
Federal Transit Administration regulations require that all grants must be
applied for and executed electronically. Therefore, Citibus would like to
request that the Mayor allow John Wilson, Citibus General Manager, to
execute this grant, once approved by the City Council.
Acceptance of the agreement will result in no additional cost to the City of
Lubbock.
Staff recommended approval of this resolution.
(36.) Resolution No. 2002-RO147 authorizing the Mayor to execute Contract
No. 51205F3012 with the Texas Department of Transportation
(TxDOT) for capital assistance.
RESOLUTION NO. 2002-RO147
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
Texas Department of Transportation and the City of Lubbock to execute Contract No.
51205F3012 for capital assistance, and all related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
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Page 286
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-R0147,
TxDOT is allocating $6,195 of public transportation funds to the City of
Lubbock for capital investments. The funds will be used to purchase
Q' Straints, a restraining system used to secure wheelchairs in the
paratransit vans. The contract becomes effective when fully executed by
both parties or on April 1, 2002, whichever is later. The contract will
terminate on April 30, 2003.
Toll credits from the Texas Department of Transportation will allow for
the funds to be used at 100 %, no local match will be required. No
additional funding will be needed from the City of Lubbock.
Staff recommended approval of this resolution.
(37.) Resolution No. 2002-RO148 authorizing the Mayor to execute an
Agreement for Issuance of Toll Credits on Public Transportation
Projects, State Project Number TC 0202 (05).
RESOLUTION NO. 2002-RO148
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an agreement between the
Texas Department of Transportation and the City of Lubbock for issuance of Toll Credits
on Public Transportation Projects, State Project Number TC 0202 (05), and all related
documents. Said Agreement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0148.
TxDOT is allocating 247,579 Toll Credits to be used for a park and ride
lot at Texas Tech University. The toll credits will allow for the Federal
Transit Administration funds to be used at 100%, no local match will be
required. Acceptance of the agreement will result in no additional cost to
the City of Lubbock.
Regular City Council Meeting
April 25, 2002
Page 287
Staff recommended approval of this resolution.
(38.) Resolution No. 2002-RO149 authorizing the Mayor to execute
amendment #1 to the multi -year grant agreement between the Federal
Aviation Administration and the City of Lubbock.
RESOLUTION NO. 2002-RO149
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to a
Grant Agreement, dated September 27, 2001, for Project No. 3-48-0138-23-01 between
the City of Lubbock and the Federal Aviation Administration, and all related documents.
Said Amendment is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Regular City Council Meeting
April 25, 2002
Page 288
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Aviation Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Amendment is filed with Resolution No. 2002-R0149.
Lubbock International Airport is eligible to receive annual entitlement
funds from the Federal Aviation Administration under the Airport
Improvement Program. Funds under this program are restricted to safety
and capacity improvements at the nation's airports. This year, Lubbock
International is entitled to approximately $3,465,000.
This year, $1,779,199 of LIA's entitlements will go toward the
completion of a project started last year under a multi -year grant
agreement with the FAA. All remaining projects scheduled for this year,
however, have been postponed pending direction from the FAA regarding
the possibility of TSA mandated security projects.
This agenda item would authorize staff to accept $1,779,199 in entitlement
funds under the Airport Improvement Program to complete the Airport
Cargo Apron project that was started under last year's grant. This project
was reviewed and approved by the City Council during the FY 2001-2002
budget process.
Staff recommended approval of this resolution.
(39.) Resolution No. 2002-RO150 authorizing the Mayor to execute an
agreement between the City of Lubbock and Umbrella Entertainment
Group, d/b/a The Air Show Network.
RESOLUTION NO. 2002-RO150
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement between the
City of Lubbock and Umbrella Entertainment Group d.b.a. The Air Show Network to
provide coordination and production of Air Shows at Lubbock International Airport, and
any other related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Regular City Council Meeting
April 25, 2002
Page 289
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney - Office Practice
A copy of the Agreement is filed with Resolution No. 2002-R0150.
This item involves the approval of a contract between the City of Lubbock
and Umbrella Entertainment Group, d/b/a/ The Air Show Network, for
the management of an air show at Lubbock International Airport. The
agreement covers a total of three shows, the first taking place September
7-8, 2002, and the remaining two taking place every other year thereafter.
Under the agreement, The Air Show Network will manage all aspects of
the air show operation and will provide seating, chalet tents, barriers,
restrooms, communication equipment, and security/emergency personnel.
The Air Show Network will be compensated for the actual cost of putting
on the air show and, as compensation for its management services, will
receive 10% of the gross revenue from the sale of admission tickets. The
Air Show Network will also provide all concession sales and services for
the show, and the City of Lubbock will receive 20 % of the concession
revenues. A significant source of revenue for the air show will be
sponsorship sales to both national and local companies. The City will
retain 100% of all sponsorship sales.
A breakdown of anticipated revenues and expenditures for the 2002 air
show was attached for review.
The Airport Board has reviewed the agreement and recommended
approval. Staff also recommended approval of this resolution..
(40.) Resolution No. 2002-RO151 authorizing the Mayor to execute an
amendment No. 1 to Interlocal Cooperative Agreement by and
between West Texas Centers for Mental Health and Mental
Retardation and the City of Lubbock for grounds maintenance at
Lake Alan Henry.
RESOLUTION NO. 2002-RO151
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to
the Interlocal Cooperative Agreement dated April 22, 1999, by and between West Texas
Regular City Council Meeting
April 25, 2002
Page 290
Centers for Mental Health and Mental Retardation and the City of Lubbock, and all
related documents. Said Amendment is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Managing Director of Water Utilities
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Amendment is filed with Resolution No. 2002-R0151.
The public access area, "Sam Wahl Recreational Area", located at Lake
Alan Henry in Garza County has been open to the public since 1991.
Initially, litter and trash collection was performed by volunteer groups and
individuals performing community service.
The City entered into an interlocal cooperative agreement in 1999 with
MHMR to provide weekly litter and trash collection (grounds
maintenance) for the Sam Wahl Recreational Area. The service contract
automatically renews each year unless one of the parties cancels the
contract. The contract requires MHMR crews to pick up litter deposited
on the grounds once per week during the slow part of the year
(November -March), and twice per week during the peak part of the year
(April -October). The total of this initial contract was $7,055 per year,
which includes a total of 83 "cycles" or trips to the lake to perform the
work, at $85 per cycle.
Because of the continued increase in public use, it has become necessary
to increase the frequency of the litter collection, and also to change the
days upon which the service is performed. Initially, litter crews would
pick up trash on Tuesdays and Fridays during the peak time of the year
(April -October). However, Friday afternoons through Sunday evenings
are the busiest times of the week, so the majority of the trash is littered on
the area on those days. Wind -driven litter becomes deposited in the lake
in the interim between Fridays and Tuesdays, when the MHMR crew
would return to pick up trash.
Also, this amendment would require three "cycles" or trips to the lake to
pick up trash, instead of only two cycles during the peak visitation season.
Two cycles per week has become insufficient to keep up with the volumes
of litter and trash generated by the public at the Recreational Area.
This amendment includes an increase of frequency of 85 cycles to 115
cycles. The crews would be required to pick up litter on the area once per
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April 25, 2002
Page 291
week from November 1 to February 28; twice per week between March l-
and April 30, and three times per week (cycles performed on Thursdays,
Saturdays and Mondays ONLY) from May 1 to October 31. The total
annual contract amount would increase from $7,055 to $9,775.
Staff recommended approval of this resolution.
(41.) Resolution No. 2002-RO152 authorizing the Mayor to execute the grant
application and agreement regarding the United State Environmental
Protection Agency (USEPA) Federal Grants for Vulnerability
Assessments, Emergency Operations Plans, and Security Enhancement
Planning and Design at large drinking water utilities.
RESOLUTION NO. 2002-RO152
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a grant: application, grant agreement
and any associated documents by and between the City of Lubbock and the United States
Environmental Protection Agency for drinking water security and vulnerability
assessment purposes, a copy of which grant application and associated documents are
attached hereto and which shall be spread upon the minutes of this Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Director of Public Works
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Grant Application is filed with Resolution No. 2002-R0152.
Following the events of September 11, 2001, the USEPA received a
supplemental appropriation to improve the safety and security of the
Nation's water supply. The funding is intended to reduce the vulnerability
of water utilities to terrorist attacks and to enhance their security and
ability to respond to emergency situations. In support of that goal, USEPA
developed a grant program to fund the following activities at the Nation's
largest water utilities:
• Development of a Vulnerability Assessment. This is the highest
priority activity under this grant program, since it is the first step
in understanding where a water utility can be damaged by a
terrorist attack.
• Development of an Emergency Operations Plan.
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April 25, 2002
Page 292
• Plan and Design Security Enhancements.
USEPA is soliciting grant applications from publicly owned community
water systems that serve 100,000 or more people on a regular basis and
are interested in applying for Federal grants to fund a Vulnerability
Assessment. USEPA will award grants to all eligible water utilities. Each
award will be up to $115,000 to be used for the three allowable activities
cited above. Grant applications were made available to water utilities on
March 28, 2002. To be eligible for the Federal Grants described above,
the grant application must reach the USEPA by 4:00 P.M Eastern Time on
April 29, 2002.
Staff recommended approval of this resolution.
(42.) Resolution No. 2002-RO153 authorizing the Mayor to approve an
application for a State administered, Federally financed Click It Or
Ticket Step Program, with emphasis on seatbelt and child restraint
compliance, targeting reduction in death and serious bodily injury due
to non -restrained drivers and passengers.
RESOLUTION NO. 2002-RO153
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 and accept for and on behalf of the City of Lubbock a $40,000.00
Grant Agreement for the Click IT or Ticket Campaign Selective Traffic Enforcement
Program and any associated documents, by and between the City of Lubbock and the
Texas Department of Transportation. Said Grant 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 April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude Jones
Claude Jones, Interim Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Grant Agreement is filed with Resolution No. 2002-R0153.
This is a grant program utilizing off duty personnel working overtime to
enforce non -usage of seat belts and child restraints.
This enforcement program addresses two major holiday periods, Memorial
Day/Buckle Up America May 20- June 2, 2002, and Thanksgiving
November 25- December 1, 2002.
Awards for this grant have been set beginning April 25, 2002 upon
approval of the Lubbock City Council. This is a 100% grant in the
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Page 293
amount of $40,000 to be administered during the 21 days of enforcement
between May 20 and December 1.
The Police Department recommended approval of this resolution.
(43.) Resolution No. 2002-RO154 authorizing the Mayor to execute for and
on behalf of the City of Lubbock a Settlement Agreement in Cause
No. 2001-512,791 in the amount of $71,000.
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Page 294
RESOLUTION NO. 2002-RO154
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 settlement agreement in
Cause No. 2001-512,791. 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 April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Trial Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0154.
This lawsuit pertains to an individual who sued the City of Lubbock
following injuries he sustained on City property while participating in
activities in applying for a position with City of Lubbock as a peace
officer. This lawsuit was discussed with the City Council in executive
session and authority was given by them to negotiate a settlement. The
Settlement Agreement is within the parameters authorized by the City
Council.
Staff recommended approval of this resolution.
(44.) Resolution No. 2002-RO155 adjusting the salary of Presiding Judge,
Municipal Court, and setting other parameters for salary
review/adjustment by the City Council with regard to the position of
Presiding Judge, Municipal Court.
RESOLUTION NO. 2002-RO155
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to establish salary parameters for the office
of Municipal Judge, Division One, of the Lubbock Municipal Court of Record, and to
establish the salary for the existing Judge of said Court for the period from May 1, 2002,
through April 30, 2004; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1) THAT the base salary for the position of Presiding Judge, Lubbock Municipal
Court of Record, shall be $84,000.00 per annum;
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Page 295
2) THAT the salary for the Presiding Judge, Lubbock Municipal Court of
Record, shall be reviewed by the City Council every two (2) years following the initial
election of a particular individual as Presiding Judge of the Municipal Court of Record;
3) THAT in accordance with Sec. 30.0006(h), Government Code, the salary of
the Presiding Judge of the Municipal Court of Record shall not be lowered during the
Presiding Judge's term of office;
4) THAT the salary of the current Presiding Judge of the Municipal Court of
Record for the City of Lubbock shall be increased to $90,720.00 per annum, effective
May 1, 2002, and that level of compensation shall remain effective through April 30,
2004, at which time the compensation level shall be reviewed commensurate with the
provisions of subparts 1-3 above; and
5) THAT upon passage of this Resolution, the City Manager or his designee shall
make such changes to the municipal budget as shall be necessary to implement this
Resolution.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
The salary for the position of Presiding Judge, Municipal Court has not
been adjusted since May of 2000. The salary may be adjusted upward
during the term of office (refer to comments of Don Vandiver in recent
memo), which in this case runs from May 2000 to May 2004. The
Presiding Judge, in addition to responsibilities managing an active trial
court, has administrative responsibility for approximately thirty personnel,
an annual budget of $1.25 million, and gross revenues of approximately
$6,000,000.
The Municipal Court, City of Lubbock, is arguably the busiest court in the
State of Texas. The annual case load (per full-time judge [one in
Lubbock]) is approximately twice that of the next busiest Municipal Court
(Houston —19 full-time judges), and increased multiples over any other
court in the state, including other Municipal Courts, JP Courts, District
Courts, and County Courts at Law.
The most accurate market comparison for this position is arguably a
County Court at Law of District Court position. Most Municipal Court
positions are not full time and most do not require an attorney's license,
and would not be considered even a lateral move. CCL and/or District
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Page 296
court positions, on the other hand, are the positions that the Presiding
Judge -Lubbock would normally aspire to and would consider most
seriously as a positive career move. The salaries of CCL and District
Court judges are $110,000 and $111,000, respectively.
The Municipal Court Judge requested consideration of this salary
adjustment.
(45.) Resolution No. 2002-R0156/RFP #254-01/RW-for Video Camera
Monitoring System (Water Treatment).
RESOLUTION NO. 2002-RO156
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for a video
camera monitoring system, by and between the City of Lubbock and Integrated Access
System of Dallas, Texas and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTION
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-R0156.
This project involves the installation of a video camera monitoring system
at the Water Treatment Plant. The contract includes the installation of a
video camera system to monitor personnel and hazardous areas of the
plant, and for plant security. Proposals were submitted from the
following firms:
• Integrated Access System of Dallas, Texas
• Goff Communications of Sarasota, Florida
• Lubbock Audio Visual of Lubbock, Texas
• ADT Security Service of Carrollton, Texas
The selection committee members evaluated the presentations using the
methods and criteria prescribed by the City of Lubbock Purchasing
Department. The evaluation criteria in the RFP included: 1) Past similar
project experience (20%); 2) Demonstrated knowledge and understanding
of the project (20%); 3) Substantial representations regarding the firm's
qualifications and demonstrated design skill appropriate to this project and
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Page 297
the technical capabilities and professional competence of the proposer and
assigned personnel (10%); 4) Substantial capability to meet schedules and
deadlines as well as the capability to complete projects without having
major cost escalations, change orders or overruns (20%); 5) Record of
performance based on previous work with the City and/or other client
references (20%); and 6) Cost (10%). Each committee member reviewed
and rated each proposal, and then the committee met as a group and made
the following ratings. The selection committee ranked the firms as
follows:
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Page 298
1. Integrated Access System 91
2. Goff Communications 84
3. Lubbock Audio Visual 53
4. ADT Security Service 35
The committee members requested the top three rated firms to present oral
presentations. Evaluations of the presentations were made using the
methods and criteria prescribed by the City of Lubbock Purchasing
Department. The selection committee ranked the oral presentations as
follows:
1. Integrated Access System 11.75
2. Goff Communications 8
3. Lubbock Audio Visual -0.5
The selection committee recommended contract award to Integrated
Access System of Dallas, Texas. The contract amount of $193,153 is
within the Water Utilities Security budget.
(46.) Resolution No. 2002-R0157/BID #031-02/RS-for Three Wheel Parking
Control Vehicles (Fleet Services).
RESOLUTION NO. 2002-RO157
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB
#031-02/13M for three wheel parking control vehicles, by and between the City of
Lubbock and Mission Golf Cars & Industrial Vehicles of San Antonio, Texas, and
related documents. Said Purchase Order is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0157.
This bid is for the purchase of two Parking Control Vehicles for the Police
Department.
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The Police Department Parking Control Unit uses three -wheel vehicles in
the enforcement of timed parking zones in the downtown area, Texas Tech
area, and around three of the city's high schools. Parking Control
personnel issue approximately 55,000 parking citations each year.
Enforcement action requires personnel to drive near parked vehicles and
mark the rear tires. This requires a "center -drive" vehicle since parking
control personnel must be able to mark tires from either the right or left
side of their vehicle.
The GO-4 Interceptor vehicle from Mission Golf Cars & Industrial
Vehicles of San Antonio, Texas is the only center -drive vehicle
manufactured with an automotive drive train and on an automotive
chassis. This allows the city's Fleet Services Department to perform all
maintenance on the vehicle and to easily obtain parts. In addition, the
service life of the GO-4 Interceptor vehicle is two to three times longer
than the recreational three -wheel vehicle.
Before the Parking Control Unit began using the GO-4 Interceptor
vehicles in 1997, three -wheel recreational vehicles were used. The
recreational vehicles required all repairs at a specialized shop and "down-
time" was lengthy. In addition, out -of -warranty service was expensive.
Since using the GO-4 Interceptors, the Police Department has found them
to sustain less damage in minor traffic collisions. Recreational vehicles
have a higher center of gravity and tend to roll over much easier.
The low bid is $46,076 from Mission Golf Cars & Industrial Vehicles of
San Antonio, Texas and is within the Capital Outlay -Motor Vehicle
budget.
(47.) Resolution No. 2002-R0158/BID #050-02/BM-for Bailey County Well
Field Meter Replacement (Water Production and Control).
RESOLUTION NO. 2002-RO158
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB
#050-02/13M for Bailey County well field meter replacement, by and between the City of
Lubbock and K. W. Sharp, Inc. of Lubbock, Texas, and related documents. Said
Purchase Order is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
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Page 300
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0158.
This bid is for the replacement of 25 four -inch water well meters and five
six- inch water well meters. The new meters will achieve a more efficient
water production accountability and will replace old and outdated water
well meters that are not SCADA compatible.
The low bid is $55,661.75 from KW Sharp, Inc. of Lubbock, Texas and is
within Well Field Rehab and Replacement budget.
(48.) Resolution No. 2002-R0159/BID #053-02/BM-for Patriot Plaza
Parking Lot (Aviation).
RESOLUTION NO. 2002-RO159
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for the Patriot
Plaza Parking Lot, by and between the City of Lubbock and Allen Butler Construction,
Inc., of Ransom Canyon, Texas, and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 25th day of April, 2002.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 25th day of April, 2002, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER,
and Allen Butler Construction, Inc., of the City of Ransom Canyon, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
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Page 301
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 #053-02/13M - PATRIOT PLAZA PARKING LOT - $913,728.49
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/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ H. David Jones
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Allen Butler Construction, Inc.
Bv: /s/ Allen Butler
PRINTED NAME: Allen Butler
TITLE: President
COMPLETE ADDRESS:
Allen Butler Construction, Inc.
#24 South Lakeshore Drive
Ransom Canyon, Texas 79366
This bid involves the reconfiguration and overlay of the public parking lot
at the old airport terminal building. This project will improve the
appearance and usability of the parking lot. The current parking lot is
badly deteriorated with potholes and failed base. The improvements will
also provide the required parking for the Silent Wings Museum.
The low bid is $913,728.49 from Allen Butler Construction of Ransom
Canyon, Texas and is within the Construction for Reconfigure and
Overlay Public Parking Lots budget.
(49.) Resolution No. 2002-R0160/BI1D #057-02/BM-for City of Lubbock
Landfill ell VI Expansion (Solid Waste).
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Page 302
RESOLUTION NO. 2002-RO160
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for the citizen
collection/transfer station at Caliche Canyon Landfill, by and between the City of
Lubbock and Onyx Contractors, LP of Odessa, Texas, and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
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Page 303
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 17th day of April, 2002, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER,
and Onyx Contractors LP, of the City of Odessa, 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 #057-02/13M - CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION -
$336,770.00
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.
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Page 304
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ John Cobb
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Onyx Contractors LP
By: /s/ Joe Ramirez
PRINTED NAME: Joe Ramirez
TITLE: President
COMPLETE ADDRESS:
Onyx Contractors LP
1890 North Mercury
Odessa, Texas 79763
The Solid Waste Department is planning on operating a Type IV
construction and demolition pit called Cell VI at the old landfill,
Municipal Solid Waste #69 located at 8524 North Ave P. This Cell has
been 75 % excavated by City crews over the past five years. The
remaining excavation, slope and berm construction, lining and testing
needs to be completed by a contractor as the Solid Waste Department is
involved with a major excavation project at the new landfill in Abernathy.
The contractor will excavate the remaining soil and establish a subgrade
on the floor, construct the slope and berms needed and install a flexible
membrane liner and perform the testing required by the State of Texas
over an area of approximately 495,000 square feet. Once completed, Cell
VI will allow citizens to dispose of construction and demolition type
material at a location closer to the City than the current new landfill,
which is a 30-mile round trip on average.
The low bid is $336,770 from Onyx Contractors, LP of Odessa, Texas
and is within the Solid Waste Capital Projects budget.
(50.) Resolution No. 2002-R0161/BID #074-02/RS-for Sod Material (Parks
Department).
RESOLUTION NO. 2002-RO161
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 Letter of Award for sod
materials - 6 month pricing - per Bid #074-02/RS, by and between the City of Lubbock
and H Bar H Turf Farm of Idalou, Texas, and related documents. Said Letter of Award
is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
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Page 305
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0161.
The Parks and Recreation Department has agreed to make some necessary
improvements to the soccer fields at the Berl Huffman Complex. The
Lubbock Soccer Association (LSA) Board members have agreed to lay out
six fields so that staff can accomplish these improvements prior to their
annual Memorial Day Tournament that annually registers over 175 teams
translating to over 2600 players.
The improvements include grading and leveling of uneven field surfaces,
_ replacement of sod with two more durable type hybrid Bermuda grasses
known as Tifton 10 and Tifway 419, and several more cycles of aeration
of the remaining fields. In addition, the Parks and Recreation Department
intends to undertake a more aggressive maintenance and improvement
scheduling of the remaining fields throughout the rest of the growing
season in 2002.
Staff believe that these improvements will provide a safer and more
competitive playing surface for the more than 2800 participants currently
enrolled in the LSA Youth Soccer Spring League. LSA also operates a
Youth Soccer Fall League with an enrollment of over 3200 participants.
The annual enrollment for LSA Youth Soccer Programs has grown from
3600 to 6000 in just three years.
Staff have seen a marked increase in the use of these fields and therefore a
significant negative impact on all of the playing surfaces.
(51.) Resolution No. 2002-R0162/RFQ #083-02/BM-for Finger Printing
Scan System at LIA (Aviation).
RESOLUTION NO. 2002-RO162
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order per RFQ
#083-02/13M a finger printing scan system at LIA, by and between the City of Lubbock
and Visionics Corporation of Round Rock, Texas, and related documents. Said
Purchase Order is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
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Page 306
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0162.
This is an emergency purchase of a fingerprinting scan system for
Lubbock International Airport. On December 6, 2001, the FAA passed
new regulations requiring airports to conduct an FBI, fingerprint -based,
criminal history records check prior to issuing ID's or access privileges to
the air carrier ramp area. This rule applies to all new applicants and
employees who currently have ID's and access privileges at LIA. The
airport is presently collecting fingerprints manually with ink and mailing
the fingerprint cards to the FBI. This process takes from four to six
weeks and is extremely burdensome on airport tenants and airport staff
members. This emergency purchase allows for a live scan fingerprint
system that electronically scans, stores, and sends the fingerprints to the
FBI. This process has a turn around time of three days. The Lubbock
Police Department does not have this type of equipment and could not
offer live scan assistance to the airport.
This equipment has been purchased from Visionics Corporation of Round
Rock, Texas as an emergency purchase. The FAA has agreed to
reimburse the City 100 percent of the cost of this purchase through an
Airport Improvement Program Entitlement Grant.
Staff recommended award of each bid to the bidder as indicated on the
tabsheets and award of each contract as shown on the resolutions and that
the Mayor be authorized to execute all documents necessary for each
transaction.
Next item to be considered was Item No. 30.
11:59 A.M. Mayor Sitton recused from Item No. 56 and was away from the dais
for Item Nos. 52-61.
PUBLIC HEARINGS
ZONING
(52.) ORDINANCE NO. 2002-00050/ZONE CASE NO. 2935 (located at the
northeast corner of 981h Street and Orlando Avenue): Continued
request of Jim Gabriel for a zoning change from R-2 to GO (Garden
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Page 307
Office) on a parcel of land out of Section 17, Block E2, and to
consider ordinance.
ORDINANCE NO. 2002-00050
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2935; A ZONING CHANGE FROM R-2 TO GO
ZONING ON A PARCEL OF LAND OUT OF SECTION 17, BLOCK E2,
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 11:59 a. in. No one
appeared in opposition. Mayor Pro Tern Cooke closed the hearing at
12:00 p. in.
The request would permit a garden office development on a fragment of
land created by the realignment of 98' Street.
Adjacent land uses:
North - zoned R-2
South - 98`h
East - 98`'
West - zoned Garden Office
The request conforms to the principles of the Comprehensive Land Use
Plan and zoning policies. The realignment of 98' Street caused several
quirks in the lots in this area. This proposal should match what is across
the street and buffer the duplex that is built to the north. The owner of
this parcel and the owner of the north half of the closed right-of-way (the
duplex owner) have reached an agreement to combine the former right of
way as one lot.
The request should have little effect on the thoroughfare system.
The Planning Commission recommended approval of the request subject to
the following condition:
That there be a seven -foot brick screening fence with a step down
for Orlando on the north property line unless the ZBA approves the
lot to the north for parking, then the fence would be required to be
moved to the north line of that lot.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00050 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(53.) ORDINANCE NO. 2002-00051/ZONE CASE NO. 1635-A (1612 48`h
Street): Hold a public hearing to consider request of Vicente Gonzalez
for a zone change from C-4 to R-2 on the center one -fifth of the south
half of Lot 4, less east 56 feet, Block 25, Crump Five Acres Addition,
and to consider ordinance.
ORDINANCE NO. 2002-00051
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.1635-A; A ZONING CHANGE FROM C-4 TO R-2
ZONING ON THE CENTER ONE -FIFTH OF THE SOUTH HALF OF LOT 4, LESS
EAST 56 FEET, BLOCK 25, CRUMP FIVE ACRES ADDITION, LUBBOCK, EXAS;
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Page 308
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Pro Tern Cooke opened the public hearing at 11:59 a. in. No one
appeared in opposition. Mayor Pro Tern Cooke closed the hearing at
12:00 p. in.
The proposal would rezone a lot from commercial to R-2 for development
of duplex units by the proponent. The lots to the east are zoned R-2.
Adjacent land use is vacant to the east, commercial to the north, south and
west.
Approval of the request would normally be a minor change to the
Comprehensive Land Plan, although in this case the staff is not
recommending a formal change. The Plan indicates this entire block as
commercial. Since the proposal is on only one lot, a change would not
even show on the map. The zone change will enable the owner to build a
duplex with zoning that will match the zoning to the east. If the lot(s) to
the east are built as duplex units in the future, staff can amend a future
update of the Plan to residential and include this lot.
As an infill project, this proposal fits zoning policy. The proposal will
have no effect on the thoroughfare system.
The Planning Commission recommended approval of the request.
Staff supports recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00051 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(54.) ORDINANCE NO. 2002-00052/ZONE CASE NO. 2936 (northwest
corner of 114th Street and Quaker Avenue): Hold a public hearing to
consider request of Henry L. Huneke (for H.A. Sessions) for a zone
change from T to C-3 and GO on an unplatted 35.12-acre tract of land
out of Section 16, Block E-2, and to consider ordinance.
ORDINANCE NO. 2002-00052
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2936; A ZONING CHANGE FROM T TO C-3 and GO
ZONING ON AN UNPLATTED 35.12-ACRE TRACT OF LAND OUT OF SECTION
16, 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 11:59 a. in. No one
appeared in opposition. Mayor Pro Tern Cooke closed the hearing at
12:00 p. m.
The property owner is requesting zoning for a "policy" allotment of
commercial at the corner of 114`' and Quaker with the surrounding area as
Garden Office.
Adjacent land use in all directions is vacant, some residential is developing
to the west.
The proposal is consistent with both the Comprehensive Land Use Plan
and zoning policies. The amount of Garden Office is more generous than
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Page 309
staff have seen at other locations, but that is a marketing issue for the
developer. Staff would remark for the record that the GO designation
should not be considered a springboard for future commercial rezoning.
If the designation is being used as a placeholder, any zone case in the
future should be back toward residential use versus commercial use.
The proposal should have no more than an anticipated effect on the
thoroughfare system.
The Planning Commission recommended approval of the request subject to
the following condition:
A proposed site plan and building elevation(s) shall be reviewed by the
Planning Commission prior to the issuance of a construction permit.
Staff recommendaed approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00052 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(55.) ORDINANCE NO. 2002-00053/ZONE CASE NO. 2937 (602-618 43rd
Street): Hold a public hearing to consider request of Gilbert
Arredondo (for M&M Homes) for a zone change from R-3 to R-1 on
Lots 10-18, Block 1, H.L. Pharr Addition, and to consider ordinance.
ORDINANCE NO. 2002-00053
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2937 A ZONING CHANGE FROM R-3 TO R-1
ZONING ON LOTS 10-18, BLOCK 1, H.L. PHARR ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND
PROVIDING FOR PUBLICATION.
Mayor Pro Tem Cooke opened the public hearing at 11:59 a. in. No one
appeared in opposition. Mayor Pro Tem Cooke closed the hearing at
12:00 p. in.
The proposal would rezone a row of lots from R-3 to R-1 for development
of single family. Single family or duplex homes are not a permitted use in
the R-3 District, which is a high- density apartment district.
Adjacent land use:
North
- residential
South
- residential and commercial
East -
residential
West -
commercial
The proposal is within the policy district for Interstate Commercial, but
remains as residential on the current Comprehensive Land Use Plan. As
such, the request conforms to the current Plan. The policy district was
developed in conjunction with the adoption of the IHC zone case along I-
27 with the provision that if an entire block area requests rezoning to
commercial it would be considered a policy request. In this case, it is
obvious that the immediate area is not going to transition to commercial
development.
The request is consistent with zoning policies and should have no effect on
the thoroughfare system.
The Planning Commission recommended approval of the request.
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Page 310
Staff recommendaed approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00053 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(56.) ORDINANCE NO. 2002-00054/ZONE CASE NO. 2255-K (5801 63`d
Street): Hold a public hearing to consider request of Westar
Commercial Realty, Randy Egenbacher (for Whisperwood National
Bank), for a zone change from GO to C-2 on Lot 5, Spur 327 Business
Park Addition, and to consider ordinance.
ORDINANCE NO. 2002-00054
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2255-K A ZONING CHANGE FROM GO TO C-2
ZONING ON LOT 5, SPUR 327, BUSINESS PARK ADDITION, LUBBOCK,TEXAS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING
FOR PUBLICATION.
Mayor Pro Tem Cooke opened the public hearing at 11:59 a. in. No one
appeared in opposition. Mayor Pro Tern Cooke closed the hearing at
12:00 p. in.
The parcel under consideration is currently zoned Garden Office.
Adjacent land uses:
North
- vacant, zoned Garden Office
South -
commercial
East -
residential
West -
commercial
The proposal is for C-2 zoning, which would accommodate a strip
shopping center. The proposal is consistent with the Comprehensive Land
Use Plan. The current garden office zoning was originally adopted in an
attempt to buffer the residential to the east. Since that time, Frankford has
been widened and various businesses have been built north and south of
this location. A recent zone case for a drive-in restaurant north across the
street was opposed by adjacent residents.
One neighbor objected to the commercial designation, and requested the
Garden Office be left in place. The concern is for commercial versus an
office across from his home, and the fact that the area from 62"d Street to
64`' Street has been Garden Office for years. A response to that from the
developer is that none of the land except the north parcel has developed
under GO. The Planning Commission was convinced that, with the site
plan and building deviation as a condition (with more than sixty feet of
setback from Frankford for the building), the small center would not
create any more of a negative effect on the adjacent residents than the
effect of Frankford as a major thoroughfare.
With regard to the effect on the thoroughfare system, the staff is of the
opinion that a condition limiting the Frankford frontage to one curb cut
(two would be allowed by current code) would lessen congestion on the
thoroughfare. Otherwise the project should have little additional effect on
the system.
The Planning Commission recommended approval of the request subject to
the following conditions:
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Page 311
1. One curb cut shall be allowed on Frankford Avenue.
2. Development shall be consistent with the site plan and building
elevation noted as Plan #225K.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00054 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor Sitton recused herself.
(57.) ORDINANCE NO. 2002-00055/ZONE CASE NO. 2652-A (1202 Main
Street): Hold a public hearing to consider request of Thomas Stern
for a zone change from C-4 and C-4 Specific Use to CB-2 on Lots 1-
20, Block 101, Original Town Addition, and to consider ordinance.
ORDINANCE NO. 2002-00055
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2652-A; A ZONING CHANGE FROM C-4 and C-4
Specific Use TO CB-2 ZONING ON LOTS 1-20, BLOCK 101, ORIGINAL TOWN
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION.
Mayor Pro Tem Cooke opened the public hearing at 11:59 a. m. No one
appeared in opposition. Mayor Pro Tern Cooke closed the hearing at
12:00 p. m.
The building once known as the In Town Inn was zoned several years ago
as a substance use rehabilitation facility (Kimmel Center). Any use other
than drug rehab requires a zone case. The new owner has not expressed
any proposed uses.
Adjacent land use in all directions is commercial
The request fits both Comprehensive Land Use policies and zoning
policies. The staff recommended use of the new CB-2 (Central Business
District 2) District. The CB districts were designed to address the unique
circumstances in the downtown area, and are similar to the C-4 zoning
that currently surrounds the site.
The project will have little effect on the thoroughfare system.
The staff supports the request and has a keen interest in the success of any
reuse of the structure. Reuse of the building will probably require an
upgrade to meet the building code.
The Planning Commission recommended approval of the request
Staff recommended approval of this Ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00055 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(58.) ORDINANCE NO. 2002-00056/ZONE CASE NO. 2083-A (5719 661'
Street): Hold a public hearing to consider request of Benny Nixon (for
661' Street, L.P.) for a zone change from C-2 to C-4 limited to a car
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April 25, 2002
Page 312
rental office and all permitted C-2 uses on Lot A-1, Farrar Mesa
Addition, and to consider ordinance.
ORDINANCE NO. 2002-00056
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2083-A; A ZONING CHANGE FROM C-2 TO C-4
LIMITED TO A CAR RENTAL OFFICE AND ALL PERMITTED C-2 USES
ZONING ON LOT A-1, FARRAR MESA ADDITION, LUBBOCK,TEXAS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING
FOR PUBLICATION.
Mayor Pro Tern Cooke opened the public hearing at 11:59 a. in. No one
appeared in opposition. Mayor Pro Tern Cooke closed the hearing at
12:00 p. in.
The location is the site of a former convenience store.
Adjacent land uses:
North - residential
South - commercial
East - commercial
West - commercial
The proposal, being limited to one C-4 use in addition to continuing the
existing C-3 permitted uses, does not rise to the level of a Comprehensive
Land Use Plan discussion. Regarding zoning policies, car rental is one of
the automotive related uses placed in the C-4 district in the 1975 update to
the zoning code. Most heavy automotive uses are not a good mix in an
area immediately adjacent to residential. In the case of a smaller car
rental company facility, the discussion should focus on the acceptability of
the proposed use as being acceptable to adjacent property owners and how
it fits the building and parcel. The layout of the former convenience store
with a smaller building makes the use attractive to the proponent. No
adjacent property owners appeared during the meeting.
The proposal should have no effect on the thoroughfare system. The staff
noted that no parking is allowed within the vision triangle at the corner of
66`' and Frankford.
Subject to neighborhood comment the staff finds no fault with the request.
The Planning Commission recommended approval of the request.
Staff recommended approval of this Ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00056 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(59.) ORDINANCE NO. 2002-00057/ZONE CASE NO. 2922-A north of
1141' Street and west of Richmond Avenue): Hold a public hearing to
consider request of Burl Masters (for Excel Development) for a zone
change from R-1, R-1 Specific Use, and A-2 to R-1, R-1 Specific Use
(for garden homes), R-1 Specific Use (for a reduced front setback) and
A-2 (for a private community center) on 28.57 acres of unplatted land
out of Section 16, Block E-2, and to consider ordinance.
ORDINANCE NO. 2002-00057
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Page 313
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2922-A; A ZONING CHANGE FROM R-1, R-1
SPECIFIC USE, AND A-2 (limited to a private community center) TO R-1, R-1
SPECIFIC USE (for garden homes), R-1 SPECIFIC USE (for a reduced front set
back) AND A-2 (for a private community center) ZONING ON 28.57 acres of
unplatted land out of Section 16, 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 11:59 a. in. No one
appeared in opposition. Mayor Pro Tern Cooke closed the hearing at
12:00 p. m.
The request represents an adjustment in a previous zone case providing for
a new housing community featuring an activity center and a restaurant.
This land is west of the property considered in zone case 2936 as
commercial and garden office. The parcel established for a restaurant is
not affected by this case. The adjacent land is currently vacant and zoned
residential in all directions. The adjustments are:
• A tract within the subdivision to the north is being rezoned for
garden homes that was zoned for the community center.
• An adjacent tract out of the former community center tract zoned
as single family with a twenty -foot setback.
• A portion of the twenty -foot setback lots is being rezoned to
standard single family (requiring a twenty-five foot setback).
• The recreation center parcel around the playa is adjusted.
• Two parcels adjacent to the restaurant site and the recreation center
are proposed for townhomes.
The proposal is consistent with both the Comprehensive Land Use Plan
and zoning policies. The project will have no appreciable effect on the
thoroughfare system.
The Planning Commission recommended approval of the request subject to
the following conditions:
1. In the reduced front setback R-1 Specific Use portion, the
minimum front setback shall be twenty feet.
2. In the R-1 Specific Use for garden homes portion, the front setback
for any home on a lot adjacent to a cul de sac shall be a minimum
of five feet, except that any garage shall have a twenty -foot front
setback.
3. The A-2 portion is limited to a private Community Center.
Staff recommended approval of this Ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00057 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(60.) ORDINANCE NO. 2002-00058/ZONE CASE NO. 2939 (northwest
corner of 19`h Street and Inler Avenue): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for Reese Estates,
Ltd.) for a zone change from R-1 to R-2, AM, and IHC on 61.9 acres
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Regular City Council Meeting
April 25, 2002
Page 314
of unplatted land out of Section 3, Block D-6, and to consider
ordinance.
ORDINANCE NO. 2002-00058
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2939; A ZONING CHANGE FROM R-1 TO R-2, AM,
and IHC ZONING ON 61.9 ACRES OF UNPLATTED LAND OUT OF SECTION 3,
BLOCK D-6 LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Pro Tem Cooke opened the public hearing at 11:59 a. m. No one
appeared in opposition. Mayor Pro Tem Cooke closed the hearing at
12:00 p. m.
As a comprehensive zone request on a sixty -plus acre parcel with
constraints caused by drainage and the relocation of the railroad, the
proposal makes a good effort at overcoming those obstacles.
Adjacent land use:
North - vacant
South - 19" Street and commercial zoning
East - mixed land uses east of FM 179
West - vacant
The proposal is consistent with the Comprehensive Land Use Plan. The
commercial parcel meets current policy. R-2 is being used to buffer the
interior single family from the rail line. The proposed amount of AM is
generous, but is bounded by the railroad right of way and the commercial.
Proposed uses include personal care and apartments. No zoning policy
issues exist within the proposal.
The proposal will not affect the thoroughfare system any more than
expected.
The Planning Commission recommended approval of the request.
Staff recommended approval of this Ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00058 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(61.) ORDINANCE NO. 2002-00059/ZONE CASE NO. 2161-G (west of
University Avenue and north of 89" Street): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for Greenstreet
Construction, Inc.) for a zone change from A-1 to GO on an unplatted
3.17-acre tract of land out of Section B, Block E-2, and to consider
ordinance.
ORDINANCE NO. 2002-00059
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2161-G; A ZONING CHANGE FROM A-1 TO GO
ZONING ON AN UNPLATTED 3.17-ACRE TRACT OF LAND OUT OF SECTION
B, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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Page 315
Mayor Pro Tern Cooke opened the public hearing at 11:59 a. in. No one
appeared in opposition. Mayor Pro Tern Cooke closed the hearing at
12:00 p. in.
The proposed development is office use.
Adjacent land uses:
North
- zoned A-1, vacant
South
- community facility
East -
residential east of University
West -
playa
The proposal is consistent with the Comprehensive Land Use Plan. The
Garden Office District is considered a buffer zone in a similar manner that
the current A-1 is considered. The project is also compatible with zoning
policy.
The project should have little or no effect on the thoroughfare system.
Staff recommended approval of this Ordinance.
Motion was made by Councilmembe.r Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2002-
00059 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
12:05 A.M. Mayor Sitton returned to the dais.
ADMINISTRATIVE SERVICES
INFORMATION TECHNOLOGY
(62.) Resolution No. 2002-RO164 authorizing the Mayor to execute an
Interlocal Agreement between the City and the County of Lubbock
regarding the County's use of the City's Computer Aided Dispatch
System.
RESOLUTION NO. 2002-RO164
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by
and between the City of Lubbock and the County of Lubbock, Texas for computer aided
dispatch system. 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 April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning
Sharlett Chowning
Managing Director of Info Technology
APPROVED AS TO FORM:
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Regular City Council Meeting
April 25, 2002
Page 316
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0164.
The City and the County desire to secure the benefits of a common
Computer Aided Dispatch (CAD) System. The County wants to utilize
the CAD System currently in use by the City Police Department. This
system has a long track record of being available and stable. The County
has determined that using the same CAD System as the City will be less
costly and more efficient than other alternatives. An additional license
from the CAD vendor has been purchased.
This is a one-year agreement with the option to automatically renew
annually. The County will pay for the purchase and maintenance of all
hardware used in their dispatch center. They will also be responsible for
the incremental maintenance expenses as charged by the vendor for the
additional agency. This common CAD solution will assist in meeting the
"Achieving the Goal" concept outlined by Senator Duncan.
Sharlett Chowning, Director of Information Technology and David
Gutierrez, Lubbock County Sheriff spoke to Council.
Staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass Resolution No. 2002-RO164 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
COMMUNITY SERVICES
PARKS AND RECREATION
(63.) Resolution No. 2002-R amending the License Agreement with the
National Windmill Project, Inc., a non-profit organization doing
business as American Wind Power Center, to allow for the sublicense
of eight acres of land to the Agriculture Heritage Museum, a non-
profit organization, for the display and interpretation of antique
agricultural implements.
This item was deleted.
(64.) Resolution No. 2002-RO165 authorizing the Mayor to sign an agreement
naming the Mackenzie Amphitheater.
RESOLUTION NO.2002-RO165
WHEREAS, the City Council of the City of Lubbock was authorized in a Capital
Improvements Bond Election, September 18, 1999, by the citizens of Lubbock to issue
general obligation bonds of the City in the principal amount of $14,765.000 for permanent
public improvements and public purposes to acquire or improve, or both land for park
purposes; and
WHEREAS, on of the proposed public improvement projects for the park presented
to the voters at the time was the development of an outdoor theatre in Mackenzie Park at
an estimated cost of $1.7 million dollars; and
WHEREAS, the project is anticipated to exceed this estimate and the City Council
is committed to go forward with the project only if the additional funds can be obtained
from federal or state grants and private sources by September 30, 2002; and
WHEREAS, City desires to grant the Naming Rights for this project to Naming
Sponsor, and Naming Sponsor desires to acquire the Naming Rights from City, and posit a
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Regular City Council Meeting
April 25, 2002
Page 317
challenge for donations for the remaining sum needed for construction; NOW
THEREFORE,
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 Mackenzie Amphitheatre Naming
Agreement between the City of Lubbock and , and all
related documents. Said Agreement is attached hereto and incorporated in this Resolution
as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT
/s/ Tommy Gonzalez
Tommy Gonzalez,
Assistant City Manager
day of
WINDY SITTON, MAYOR
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales,
Supervising Attorney
2002.
At the April 11, 2002 City Council work session, a presentation was made
regarding the construction of the proposed Mackenzie Amphitheater. At
the end of that meeting, the Council directed staff to secure $1 million
from private sources to augment the $1.7 million in approved bonds to
finance the construction of the Mackenzie Amphitheater.
Staff has been involved with an individual for naming rights for the
Mackenzie Amphitheater since November 2001. The following general
terms will secure the naming rights to the Mackenzie Outdoor Theater in
perpetuity:
1. The City of Lubbock shall contract with an outside entity to
produce at least one theatrical drama that will highlight Lubbock's
history. The play will begin with one act and will open in its
entirety during Lubbock's 100-year birthday in 2009. The City of
Lubbock shall work toward a long-term contract with the outside
entity for a period of no less than 20 years.
2. The City of Lubbock may also work toward securing a second
theatrical event that may or may not already exist.
3. The City of Lubbock will market the amphitheater and the play(s)
on a local, regional, statewide, and national level.
4. The City of Lubbock will work toward an agreement for the use of
parking with the South Plains Fair Association to ensure there are
enough parking spaces for events at the Amphitheater.
5. The City of Lubbock also plans to continue to develop Mackenzie
Park with the Centennial Project that will graphically interpret
Lubbock's rich history and heritage, plans are also in place to
actively work to locate the 41h U.S. Cavalry Regiment Memorial
re-enactment group at the Outdoor Center, and an Agriculture
Heritage Museum is also being planned in Mackenzie Park that
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Regular City Council Meeting
April 25, 2002
Page 318
will prominently display a collection of rare and antique farm
implements.
6. The contract with the sponsor shall be 30 years in length and shall
include annual cash payments beginning in 2005, due January 15
of each year through 2032.
Staff continues to work on the necessary documents for this item and those
were provided to Council prior to today's Council meeting.
Staff recommended approval of this resolution.
Tommy Gonzalez, Assistant City Manager, gave staff comments.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass Resolution No. 2002-RO165 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(65.) RESOLUTION NO. 2002-R /BID #010-02/RS -for Mackenzie
Park Amphitheater (Park Development).
This item was tabled.
This project involves the construction of the Mackenzie Outdoor Theater
that was approved by voters in the September 1999 General Obligation
Bond election. At that time, $1.7 million was earmarked for the project.
The original concept for the multi -use facility was a concrete stage,
restrooms, and seating area for approximately 2,000. In March 2000, the
architectural engineering team of Carter & Burgess, Inc. and Parkhill,
Smith and Cooper, Inc. was hired to design the theater.
Many cultural groups were interviewed to ensure that the theater would
meet their production needs. To ensure that this facility was not a
duplication of the private amphitheater, the concept was changed to
feature theatrical, dance and symphonic productions. Consequently, a
building with dressing rooms, adequate storage, a production office and
restrooms was added to the scope of the project. The seating capacity for
the venue was defined as 1,000 hard seats and 1,000 lawn seats.
In accordance with the Texas Antiquities Code, the archaeological survey
at the theater site began in August 2000. Preliminary testing indicated a
high concentration of cultural artifacts at the original site. Over the next
14 months, through extensive testing, a site was cleared approximately
200 yards south of the original site. The new site was chosen to avoid the
high concentration of artifacts while still maintaining the integrity of the
new concept. In September 2001, the City Council amended the original
design contract to include the expanded concept at the new site.
Annually, the theater will host the Summer Melodrama, numerous musical
events, and a new theatrical drama that is currently being written by Andy
Wilkinson. The proximity to the fairgrounds will also encourage usage of
the amphitheater during the Panhandle South Plains Fair. The Mackenzie
Park Amphitheater will help establish Mackenzie Park and the Panhandle
South Plains Fairgrounds as the premier entertainment complex in West
Texas. This project responds to a high priority as established in the Goals
of Lubbock: A Vision into the 21" Century, the City Council Goal to
implement the Canyon Lakes Master Plan, and the Lubbock
Comprehensive Parks/Recreation and Open Space Master Plan. This site
was also chosen by the Millennium Committee as the site for the
Centennial project.
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April 25, 2002
Page 319
As mentioned earlier, archaeological delays have caused the construction
to begin in 2002, a year later than originally anticipated. To account for
inflation and the additional amenities that have been added during the
planning stages, the construction budget has been supplemented with
transfers from related general obligation bond funded projects such as
Park Benches/Seating Areas and Irrigation/Lighting Automation to
account for the expanded scope of the project. These projects will be
accomplished by bond dollars purchasing supplies and savings of labor by
utilizing the Montford Unit, as was accomplished in the Depot District.
— The low bid is
Texas and this
October 2002.
$2,765,000 from Sandia Construction Inc. of Lubbock,
contractor has extended the contract offer (bid) until
Staff has worked on funding options and these were provided to Council
prior to the meeting.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to table Item No. 65 so staff can come back
with financial, property and parking lot all worked out and as part of the
motion that this be done prior to October 1, 2002. Motion carried: 7
Yeas, 0 Nays.
(66.) Resolution No. 2002-R authorizing the Mayor to execute Change
Order #1 to the Mackenzie Park Amphitheater construction contract.
This item was tabled.
At the April 11, 2002 City Council work session, a presentation was made
regarding the construction of the proposed Mackenzie Amphitheater. At
the end of that meeting, the Council directed staff to secure $1 million
from private sources to augment the $1.7 million in approved bonds to
finance the construction of the Mackenzie Amphitheater. As was made
clear at that Council meeting, the construction bid is for $2,765,000.
Therefore, $65,000 worth of construction remains unfunded without
taking from other available sources.
Staff has met with design team and the construction firm to identify costs
that could be reduced without sacrificing quality or safety. Items such as
decorative railing on the ADA ramp will be replaced with less ornate
railing similar to that used at the United Spirit Arena. Other items are
currently being negotiated.
Staff continues to work on the necessary documents for this item and those
were provided to Council prior to today's Council meeting.
Depending upon the success of private fund raising efforts, additional
change orders may be necessary. Staff was prepared to discuss at the
meeting.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to table Item No. 66 so staff can come back
with financial, property and parking lot all worked out and as part of the
motion that this be done prior to October 1, 2002. Motion carried: 7
Yeas, 0 Nays.
12:20 P.M. Councilmember Cooke left the dais.
DEVELOPMENT SERVICES
BUSINESS DEVELOPMENT
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April 25, 2002
Page 320
(67.) Resolution No. 2002-RO166 giving Notice of Intent to enter into a tax
abatement agreement with Sonic Drive In.
RESOLUTION NO. 2002-RO166
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with Sonic Drive In; and
WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of
the City Council to be given to the presiding officer of the governing body of each
taxing unit in which the property to be subject to the Tax Abatement Agreement is
located; NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention
of the City Council to enter into a Tax Abatement Agreement with Sonic Drive In; said
notice to be given to the presiding officers of each governing body of each taxing unit
having jurisdiction in assessing taxes on property located at 1701 Idalou Road in the
City of Lubbock, Lubbock County, Texas and being more particularly described as Lot
One (1), Re -plat of Block Thirty -Four (34) Morrow Subdivision to the City of
Lubbock, Lubbock County, Texas.
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April 25, 2002
Page 321
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte
Debra B. Forte', Deputy City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 2002-R0166.
The City of Lubbock has received an application for commercial tax
abatement from Sonic Drive In to build a new quick service restaurant
facility at 1701 Idalou Road in the Lubbock 2000 South Enterprise Zone.
The project meets the Commercial Tax Abatement Policy and Guidelines
minimum investment of $250,000. Total investment in the project will be
approximately $350,000; $250,000 for the building and $100,000 in
tangible personal property.
This facility will create approximately 30 new jobs over the next 7
months. The estimated amount of the new payroll created will be
approximately $400,000 annually. The project also commits to hire 30 %
of its new employees from one of the three enterprise zones in the City.
Market Lubbock considered this application at its April 9, 2002 Board
Meeting and has recommended a 5 year, declining scale tax abatement
(example: I" year 100%, 2" year 80%, etc.) for the project. The
abatement amount for the City of Lubbock is approximately:
Year 1 100 %
Year 2 $1, 995
0% $1,596
Year 3 80
Year 4 $1,197
70 % $ 798
Year 5 60 % $ 399
The estimated total city abatement over the life of the contract is $5,985.
The estimated total county abatement over the life of the contract would be
$3,140.
The project will add $350,000 in new value to the tax base in the South
Enterprise Zone. Under the current guidelines, Sonic Drive In is eligible
and meets all the criteria for tax abatement.
Staff recommended approval of this Resolution
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass Resolution No. 2002-R0166 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
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April 25, 2002
Page 322
(68.) Resolution No. 2002-RO167 giving Notice of Intent to enter into a tax
abatement agreement with Lone Star Decorating and Exposition
Services.
RESOLUTION NO. 2002-RO167
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with Lone Star Decorating and Exposition Services;
and
WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of
the City Council to be given to the presiding officer of the governing body of each
taxing unit in which the property to be subject to the Tax Abatement Agreement is
located; NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention
of the City Council to enter into bo be given Agreement
to the presiding officers tar
of
Decorating and Exposition Services; said notice
each governing body of each taxing unit having jurisdiction in assessing taxes on
property located at 601 Avenue E in the City of Lubbock, Lubbock County, Texas and
being more particularly described as Lots
l) through Ten Lubbock County, Texas.
inclusive,
Block Forty -Four (44), Original Town of Lubbock
Passed by the City Council this 25th day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B.Fort6
Debra B. Forte', Deputy City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver First Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 2002-R0167.
The City of Lubbock received an application for commercial tax
abatement from Lone Star Decorating and Exposition Services to build a
new facility at 601 Avenue E in the Lubbock 2000 North Enterprise Zone.
The project consists of the construction of a 15,000 square foot warehouse
and office facility. The expected investment in the new facility is
approximately $328,000.
Lone Star Decorating will not increase their employment, but will retain 9
existing jobs. The company has a payroll of $175,000 annually.
The project meets the Commercial
in real bat meat oficy improvements.
d Guidelines
minimum of $250,000 investment
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Regular City Council Meeting
April 25, 2002
Page 323
Market Lubbock considered this application at its April 9, 2002 Board
Meeting and has recommended a 5 year, declining scale tax abatement
(example: 1" year 100%, 2" year 80%, etc.) for the project. The
abatement amount for the City of Lubbock is approximately:
Year 1
100%
$1,870
Year 2
90 %
$1,496
Year 3
80 %
$1,122
Year 4
70 %
$ 748
Year 5
60 %
$ 373
— The estimated total city abatement over the life of the contract is $5,609.
The estimated total county abatement over the life of the contract would be
$2,943.
The project will add $328,000 in new value to the tax base in the North
Enterprise Zone. Under the current guidelines, Lone Star Decorating and
Exposition Services is eligible and meets all the criteria for tax abatement.
Staff recommended approval of this resolution.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass Resolution No. 2002-RO167 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Pi . A NNINf
(69.) Resolution No. 2002-RO168 authorizing the Mayor to execute for and
on behalf of the City of Lubbock an agreement with Lubbock County
to participate in the North Overton District Tax Increment Finance
Reinvestment Zone.
RESOLUTION NO. 2002-RO168
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an agreement with the Lubbock County to
participate in the North Overton District Tax Increment Finance Reinvestment Zone. 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 April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer by Rob Allison
Craig Farmer, Director of Planning
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney/
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2002-R0168.
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Regular City Council Meeting
April 25, 2002
Page 324
Staff has made presentations explaining the benefits of the North Overton
TIF District to all of the participating taxing entities. The attached
Interlocal Agreement illustrates Lubbock County's desire to participate at
100 % for thirty years in the North Overton District Tax Increment
Finance Reinvestment Zone.
Staff recommended approval of this resolution.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass Resolution No. 2002-RO168 as
recommended by staff. Motion carried: 4 Yeas, 0 Nays.
Councilmembers Hernandez and McDougal recused themselves.
(70.) Resolution No. 2002-RO169 authorizing the Mayor to execute for and
on behalf of the City of Lubbock an agreement with the Hospital
District to participate in the North Overton District Tax Increment
Finance Reinvestment Zone.
RESOLUTION NO. 2002-RO169
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an agreement with the Lubbock County
Hospital District to participate in the North Overton District Tax Increment Finance
Reinvestment Zone. 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 April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer by Rob Allison
Craig Farmer, Director of Planning
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney/
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2002-R0169.
Staff has made presentations explaining the benefits of the North Overton
TIF District to all of the participating taxing entities. The attached
Interlocal Agreement illustrates the Hospital District's desire to participate
at 100 % for thirty years in the North Overton District Tax Increment
Finance Reinvestment Zone.
Staff recommended the approval of this resolution.
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Regular City Council Meeting
April 25, 2002
Page325
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass Resolution No. 2002-RO169 as
recommended by staff. Motion carried: 4 Yeas, 0 Nays.
Councilmembers Hernandez and McDougal recused themselves.
(71.) Resolution No. 2002-RO170 authorizing the Mayor to execute for and
on behalf of the City of Lubbock an agreement with the High Plains
Underground Water Conservation District (HPUWCD) to participate
in the North Overton District Tax Increment Finance Reinvestment
Zone.
RESOLUTION NO. 2002-RO170
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an agreement with the High
Plains Underground Water Conservation District to participate in the North Overton
District Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 251h day of April, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Director of Planning
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney /
Office Practice Section
Staff has made presentations explaining the benefits of the North Overton
TIF District to all of the participating taxing entities. The attached
Interlocal Agreement illustrates HPUWCD's desire to participate at 100%
for thirty years in the North Overton District Tax Increment Finance
Reinvestment Zone.
Staff recommended approval of this resolution.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass Resolution No. 2002-RO170 as
recommended by staff. Motion carried: 4 Yeas, 0 Nays.
Councilmembers Hernandez and McDougal recused themselves.
12:32 P.M. Mayor Pro Tern Cooke returned to the dias
MISCELLANEOUS
BUDGET AND RESEARCH
325
Regular City Council Meeting
April 25, 2002
Page 326
(72.) Ordinance No. 2002-00060 amending the 2001-02 Budget (first
reading).
ORDINANCE NO. 2002-00060
AN ORDINANCE MAKING CHANGES IN THE FY 2001-02 BUDGET OF
THE CITY OF LUBBOCK FOR GOVERNMENT PURPOSES; AND
Staff will present the revised budget for fiscal year 2001-02 for the
General Fund and Enterprise Funds as well as Capital Projects during the
City Council Meeting on April 25. A summary overview by fund will be
provided.
Melissa Trevino, Budget Manager, presented the revised budget.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Morrison to pass on first reading Ordinance No. 2002-
00060 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(73.) Ordinance No. 2002-00061 amending Section 1-10 of the Code of
Ordinances of the City of Lubbock, Texas, to provide for review and
adjustment of permit, license and fee amounts on a semi-annual basis;
providing a savings clause; and providing for publication (first
reading) .
ORDINANCE NO. 2002-00061
AN ORDINANCE AMENDING SECTION 1-10 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO PROVIDE FOR
REVIEW AND ADJUSTMENT OF PERMIT, LICENSE AND FEE AMOUNTS ON
A SEMI-ANNUAL BASIS; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Currently, the City of Lubbock is limited to an annual adjustment of
permit, license and fee amounts. The annual adjustment is recommended
by the Finance Director in conjunction with the adoption of the original
budget for an effective date of October 1.
Maximus was engaged in October 2001 to perform a User Fee Study
covering the charges in use by General Fund departments. Because of the
need to place emphasis on enhancing existing revenue streams to
maximize the ability of the City to recover some or all of its cost of
providing selected services, this user fee study is considered crucial in
identifying opportunities to challenge current fee structures for General
Fund services and the timely implementation of the fee recommendations
is considered critical to the City's current operating budget. This is
intended to reduce the burden of the property tax base and only charge
individuals desiring specific services.
The amended ordinance would provide for semi-annual adjustment of
permits, licenses and fees at original and revised budget adoption. This is
Phase I of a multi -year proposal.
City staff recommended adoption of the amended ordinance to allow for
the semi-annual review and adjustment of permit, license and fee amounts.
Beverly Hodges, Director of Finance, gave staff comments.
326
Regular City Council Meeting
April 25, 2002
Page 327
Motion was made by Councilmember Hernandez, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 2002-
00061 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
BOARD APPOINTMENTS
(74.) Consider one appointment to the Market Lubbock Economic
Development Corporation Board of Directors.
Motion was made by Councilmember Cooke seconded by Councilmember
Nelson to appoint David Alderson to the Market Lubbock Economic
Development Corporation Board of Directors. Motion carried: 7 Yeas, 0
Nays.
(75.) Consider one appointment to Reese Redevelopment Authority.
Motion was made by Councilmember McDougal, seconded by
Councilmember Morrison to appoint Connie Wharton to the Reese
Redevelopment Authority. Motion carried: 4 Yeas, 3 Nays.
David Nelson recommended: Don Hufstedler
Eric Williams recommended: Connie Wharton
(76.) Consider seven appointments to the Animal Shelter Advisory
Committee.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to appoint Tommy Camden, Dr. Larry,
Laura Forsythe, Sherell Guichard-Thomas, Evelyn Lehman, Margaret
Meacham and Debbie Tennyson to the Animal Shelter Advisory
Committee. Motion carried: 7 Yeas, 0 Nays.
(77.) Consider one appointment to the Public Transit Advisory Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to appoint Ben Jaime to the Public Transit
Advisory Board. Motion carried: 7 Yeas, 0 Nays.
(78.) Consider one appointment to the Youth Commission - Students.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to appoint Damarick Dewayne Harris to the Youth
Commission - Students. Motion carried: 7 Yeas, 0 Nays.
1:10 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
2:38 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, ,
Councilmember David Nelson, and Councilmember T. J. Patterson.
Motion was made by Councilmember Nelson, seconded by
-- Councilmember Patterson to ratify the Mayor's action in signing the HR-
2s of the City manager, City Attorney and City Secretary regarding their
salaries. Motion carried: 4Yeas, 0 Nays.
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Regular City Council Meeting
April 25, 2002
Page 328
2:40 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
McDougal made a motion to adjourn; Councilmember Patterson seconded
the motion. Motion carried: 4 Yeas, 0 Nays. Motion carried with the
majority of remaining Council present at adjournment: Mayor Pro Tem
Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember
David Nelson, and Councilmember T. J. Patterson.
Read and approved this �*- day of , c96nr2
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
R.eb ,cca Garza, City Secretary
k►:?