HomeMy WebLinkAboutMinutes - City Council - Regular - 1/23/1997CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 23, 1997
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 23rd
day of January 1997, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 10:00 A.M.
Present: Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez,
Councilmember T. J. Patterson, Councilmember Max Ince, Councilmember Randy
Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City
Secretary Kaythie Darnell.
Mayor Pro Tern Cooke called the meeting to order at 10:44 A.M.
( 1.) The Invocation was given by Sister Mary Gerrior, Chaplain
Supervisor, St. Mary's Hospital.
( 2.) Pledge of Allegiance was given in unison by those in the City
Council Chambers.
(3.) Presentation of Certificate to LP&L by Jesse Watson, Program
Administrator for the Municipal Electric Safety Accreditation
Program, in recognition of LP&L's Safety Program.
Texas A&M, through the Texas Engineering Extension Service -
Electric Power Training and Safety Division, has recently
implemented an accreditation program geared toward municipal
electric utilities. For many years the Extension Service has had a
program aimed at helping electric cooperatives and investor owned
utilities achieve OSHA compliance in all aspects of utility
operations. With the implementation of this Municipal Electric
Safety Accreditation Program (MESAP), municipal electric
utilities can now be inspected, evaluated and measured to assure
employees and management of those utilities that their safety,
health and work practices meet or exceed the requirements of the
Federal OSHA regulations. This new program has attracted
interest nationwide from municipal electric systems. Lubbock
Power and Light and two other Texas municipal electric systems
are the first three cities in the nation to be accredited under this
program. Lubbock Power and Light obtained the highest score of
the three cities evaluated in this initial inspection. The
accreditation program is monitored by an eight person advisory
board comprised of members TML, Texas Workers Compensation
Commission, Texas Public Power Association, Texas Engineering
Extension Service, plus four others representing city managers,
utilities, safety and training professionals. Accreditation requires
on -site inspection of the utility's facilities, equipment, and work
The Electric Division recommended that the Mayor accept the
certificate on behalf of the City of Lubbock and LP&L. It is also
recommended that the Mayor recognize the LP&L staff present for
their efforts in securing this accreditation. In particular the
following personnel will be present: Managing Director and
Assistant Director of Electric Utilities; department heads for the
City Council Minutes
January 23, 1997
Page 32
Electric Production Department, Customer Service Department and
Electric Distribution Department and members of the departmental
safety committees. Mr. Ronnie Howell, Safety Supervisor in the
Electric Distribution Department, was in charge of the preparation
of all documentation submitted for this accreditation. The Electric
Division recommended that the Mayor present the certificates to
Mr. Howell for display at the various departmental offices.
(38.) ZONE CASE NO.2487-A (North of Municipal Drive and east
of North Birch Avenue) --Hold a public hearing to consider
request of Purina Mills, Inc. for a zoning change from M-1 to
M-2 on 21.32 acres of land out of Section 77, Block A.
ORDINANCE NO.9966
Mayor Pro Tern Cooke opened the public hearing at 10:48 a.m.
appeared on behalf of Purina Mills to present this
request. No one appeared in opposition. Mayor Pro Tern Cooke
closed the hearing at 10:49 a.m.
Randy Henson, Senior Planner, presented staff comments. To
accommodate an expansion, Purina Mills is constructing a new
mill north of the railroad from the existing Municipal Drive
location. The area is currently zoned M-1. Adjacent land uses;
North - industrial
South - Santa Fe railroad, a residential area is south of
Municipal Drive
East - industrial
West - industrial
The proposal is consistent with both the Comprehensive Land Use
Plan and zoning policies. The new facility will not significantly
affect the transportation system from established patterns in the
area. Some truck traffic will be diverted from in front of the
residential area south of Municipal Drive by a new paved street on
Harvard. Several residents spoke during the meeting about
concerns for dust and trash. Representatives from Purina
responded to the concerns and the neighbors seemed satisfied.
The Planning and Zoning Commission recommended approval of
the request.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9966
as recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(39.) ZONE CASE NO. 2788 (2306 Texas)-- Hold a public hearing to
consider request of Manuel Martinez for a zoning change from
IHC to IHC Specific Use for a restaurant with an Alcoholic
Beverage Permit and outside sales of used goods on .778 acres
of land out of Section 7, Block B.
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January 23, 1997
Page 33
ORDINANCE NO.9967
Mayor Pro Tem Cooke opened the public hearing at 10:52 a.m.,
and closed the public hearing at 10:52 a.m.
Randy Henson, Senior Planner, presented staff comments. The
Zoning Board of Adjustment, several years ago, approved a week-
end outside sale business on this property for a limited duration.
The project was never achieved. In this request no time frame as
"temporary" is requested, thus the ZBA has no jurisdiction. The
property was previously a car sales lot with a central building and
carports adjacent to both Texas Avenue and 23rd Street. The
request is for a restaurant that may have a beverage permit as an
accessory use and a flea market under the canopies on Friday,
Saturday and Sunday.
The proposal was filed as a Specific Use to address two issues not
provided by the existing Interstate Commercial zoning:
The sales of used goods outside of a structure (using the existing
carports). The proponent requests this use Friday, Saturday and
Sunday from 8:00 AM to 6:00 PM. All goods will be removed
when sales end on Sunday.
The existing lot does not have sufficient parking to
accommodate the proposed restaurant with a beverage permit.
Normally this request would go to the Zoning Board of
Adjustment, but is included within this zone change request
since the outside sales issue requires a zone case.
Adjacent land uses:
North - *commercial zoned either C-4 or IHC
South - *commercial zoned either C-4 or IHC
East - *commercial zoned either C-4 or IHC
West - *commercial zoned either C-4 or IHC
* C-4 or IHC do not allow outside sales as a permitted use.
The proposed flea market is an outside activity which normally
requires M-1 or M-2 zone change request. The staff recommended
the IHC Specific Use versus an M-1. One of the objectives
expressed during the consideration of the Interstate Districts was
enhancing the exterior appearance of buildings within the corridor.
While this location is one block removed from the Interstate, the
main lanes are elevated in this vicinity. The parcel has been vacant
for years.
Parking is limited in this entire area. Since the flea market would
be a weekend activity and restaurant patrons can use the sheltered
parking the rest of the week, the proposal should present no
parking or traffic problems greater than existing.
The staff and City Council have worked hard to accommodate
businesses and parcels caught up in construction of I-27.
Providing this three day outside sale would put a building to use
that has been vacant for years. The contrary viewpoint is that the
proposed use does not further an upgrade of the visual aspects of
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January 23, 1997
Page 34
the corridor, although it is important to recognize that the existing
vacant status does not add to the aesthetics of the area.
The Planning Commission agreed with the staff that the proposal
deserves a try. As Specific Use, the outside activity will be limited
to weekends when many other businesses in the area are closed.
The Planning and Zoning Commission recommended the request
with the two conditions proposed by the proponent:
Restaurant with an alcohol beverage permit with hours of 6
A.M. to 6 P.M. seven days a week.
Flea Market outside sales limited to Friday, Saturday and
Sunday from 6 A.M. to 6 P.M. No goods will remain after close
of business on Sunday.
The staff has added a third condition to the proposed ordinance to
allow the zoning to revert to IHC if the Flea Market activity ceases
for one year.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass to pass on first reading
Ordinance No. 9967 as recommended by staff. Motion carried: 5
Yeas; 0 Nays.
(40.) ZONE CASE NO.2789 (2910 Avenue N)--Hold a Public
Hearing to consider request of Habitat for Humanity (for Don
Kinkade and John Mallory) for a zoning change from C-3 and
R-3 to C-3 Specific Use on Lots 16, 17, and 18, Block 8,
Robinson Addition.
ORDINANCE NO.9968
Mayor Pro Tem Cooke opened the public hearing at 10:54 a.m.,
and closed the public hearing at 10:56 a.m.
Randy Henson, Senior Planner, presented staff comments. Habitat
was given the structure at 29th Place and Avenue N. Part of the
land is zoned C-3 where a mom and pop grocery was located and
one lot on the west is R-3 from an old zone case. This request will
serve two functions:
Remove the current open C-3 zoning on a lot across from an
elementary school for all purposes other than the proposed Habitat
use.
Accommodate the Habitat use for offices and resale of salvaged
household fixtures. All storage and sales are proposed to be inside
the structures.
Adjacent land uses:
North - zoned R-2, mostly single family use
South - zoned R-2, mostly single family use
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January 23, 1997
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East - school
West - single family - zone R-3
While the use is not consistent with the current thinking within the
Comprehensive Land Use Plan, the existing C-3 was established
well before the Plan was adopted. As noted, this request will
remove the open C-3 status on the property and accommodate what
Habitat is proposing. The proponent has support from the school
district and the neighborhood association. Habitat understands that
the uses being limited to their use will require a zone change
request in the future for any other proposed use.
The proposal should have little effect on established traffic
patterns. The Planning and Zoning Commission recommended
the request subject to the following conditions:
Used items for sale will be limited to household fixtures, with all
storage within a structure.
All office and corporate activities of Habitat for Humanity shall be
the single permitted use.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9968
as recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(41.) ZONE CASE NO. 1893-T (North of 4th Street, west of
Frankford)-- Hold a public hearing to consider request of Rick
Betenbough (for Betenbough and Co.) for a zoning change
from GO to C-3 on a portion of land out of Section 2, Block X
5, and to consider ordinance.
The proponent is requesting a change to C-3 from an existing GO
designation. Adjacent land uses:
North - a 150' deep GO area will remain
South - 4th Street, two churches and a single family area
East - zoned C-3, vacant
West - zoned A-1, vacant
The proposal does not reflect the current Comprehensive Land Use
Plan. The original Comprehensive Plan notes commercial 1200
feet west of Frankford along 4th Street with 150 feet added during
a later zone case, for a total of 1350 feet. The new C-3 will bring
that distance along 4th Street to 1800 feet.
The parcel in question was A-1 in the original Planned Unit
Development zone case. When the GO District was created about
5 years ago, this tract was one that joined the rush to the new
district, which is considered a buffer district similar to A-1 or A-2.
That change was in accordance with the Comprehensive Plan.
A recent case zoned a C-3 parcel back to A-1 for a portion of an
area to the east except four lots along 4th Street. The greatest asset
to this request being outside the theoretical 660 foot/ten acre
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January 23, 1997
Page 36
thoroughfare corner site is that the original PUD was not in strict
compliance with that dimension and that two church sites occupy
much of the land south across 4th Street. One small area south of
4th on the west edge of the parcel requested for rezoning is R-1
located on a cul-de-sac named Huron. This residential area would
be affected most by any change to commercial. Being located on
4th Street, the potential change in traffic generated by commercial
should not be significantly greater than the original A-1 or current
Garden Office zoning.
The Planning and Zoning Commission recommended the request
subject to the following condition:
A site plan, including building elevations showing materials,
color, texture, a detailed landscape plan and irrigation plan, shall
be submitted to the Planning and Zoning Commission for
approval prior to the issuance of a building permit.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to continue this item for to the next
City Council meeting. Motion carried; 5 Yeas: 0 Nays.
(42.) ZONE CASE NO.2255-H (North of 64th and west of
Frankford)--Hold a public hearing to consider request of
Graco Real Estate Development, Inc. (for Whisperwood
National Bank) for a zoning change from C-2A limited to a
bank and offices to GO on Lots 4 and 5, Spur 327 Business
Park.
ORDINANCE NO.9969
Mayor Pro Tem Cooke opened the public hearing at 10:58 a.m. and
closed the public hearing at 10:59 a.m.
Randy Henson, Senior Planner, presented staff comments. The
current zone would accommodate a bank and offices and was
subject to a site plan. The bank proposal has fallen through and the
request is to go back to Garden Office. Adjacent land uses:
North - commercial
South - commercial
East - residential
West - commercial
The request is consistent with the Comprehensive Land Use Plan
and zoning policies. The proposal will have little or no additional
effect on existing traffic patterns in the area.
The Planning and Zoning Commission recommended approval of
the request.
The staff supports the recommendation of the Planning and Zoning
Commission.
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January 23, 1997
Page 37
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Hernandez to pass on first reading Ordinance No.
9969 as recommended by staff. Motion carried: 5 Yeas; 0 Nays.
( 4.) A representative of the Lubbock Arts Alliance will present
recommendations on awards from the Arts Grants Program.
On May 9, 1996, the City Council approved an agreement to pay
the Lubbock Arts Alliance $105,743 for the encouragement,
promotion and improvement of all forms of art in the community.
These moneys represent $105,743 from the amount collected from
.400 cent of the hotel/motel tax collected during the fiscal year
ended September 30, 1995. The agreement provides that a review
committee of the Lubbock Arts Alliance will receive and evaluate
applications for grants and make recommendations to the City
Council for awarding of these grants.
Council is now asked to approve $58,018 in grant awards for the
second of two grant periods for 1996/97. Enclosed in your agenda
back-up is a listing of the recommendations of the Lubbock Arts
Alliance Review Committee. Twenty applications were received
on the December 1, 1996 deadline and sixteen of the requests are
recommended for full or partial funding.
Lubbock Arts Alliance, Inc. recommended the awards be approved
so this program continues. Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve this item. Motion carried; 5
Yeas: 0 Nays.
( 5•) Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approved the minutes for the December 12,
1996 and December 19, 1996, and the January 9, 1997 Regular
City Council meetings as written.
(6•) Ordinance No. 9964—Abandoning and closing a two foot
underground street light cable easement located in Lot 86,
Tracy Heights Addition (5514 17th Street).
ORDINANCE NO. 9964
AN ORDINANCE ABANDONING AND CLOSING A TWO -FOOT
UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN LOT 86,
TRACY HEIGHTS 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.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance No. 9964 as recommended by staff. Motion carried: 5
Yeas; 0 Nays.
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January 23, 1997
Page 38
( 7.) ORDINANCE NO. 9965--Amending Chapter 2 of the Code of
Ordinances of the City of Lubbock, Texas, with regard to the
duties of the Park and Recreation Board pertaining to
special/community events; adopting guidelines and forms for
special/community events.
ORDINANCE NO. 9965
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
DUTIES OF THE PARK AND RECREATION BOARD PERTAINING TO
SPECIAL/COMMUNITY EVENTS; ADOPTING GUIDELINES AND FORMS FOR
SPECIAL/COMMUNITY EVENTS; PROVIDING AN EFFECTIVE DATE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince, to pass on second and final reading
Ordinance No. 9965 as recommended by staff. Motion carried: 5
Yeas; 0 Nays.
( 8.) Consider Resolution No. 5389 authorizing the Mayor Pro Tem
to execute a street -use license for an entry porch and steps with
Chester A. Green and Ada Ruth Green (612 Broadway).
RESOLUTION NO. 5389
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 with
Chester A. Green and Ada Ruth Green, attached hereto and which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
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January 23, 1997
Page 39
According to staff memo, this street -use license is for a concrete
entry porch and steps which will be in the north right-of-way of
Broadway adjacent to the building owned by the Greens. The area
covered by this license is 16.00 feet east to west and 6.00 feet north
to south and contains 96 square feet. The cost for this license will
be the minimum per year of $50 or $250 for the first five year term
of the total license term of 20 years.
The staff recommended the approval of this license.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5389 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
( 9.) ORDINANCE #9970 abandoning and closing a portion of a
15-foot alley located in Section 4, Block O, Lubbock County
(2701 E. Broadway).
ORDINANCE #9970
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15-FOOT
ALLEY LOCATED IN SECTION 4, BLOCK O, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
According to staff memo, the City recently acquired some property
at the northeast corner of East Broadway and Zenith Avenue for a
fire station. The City is in the process of platting this land and as a
part of the platting process, an existing L-shaped alley must be
closed. This ordinance closes this alley which will revert to a
utility easement. There will be no charge for this alley closure
since the City is the owner.
The staff recommended the first reading of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9970
as recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(10.) Consider Resolution No. 5390 authorizing the Mayor Pro Tem
to execute a dedication deed in connection with the platting of
Lot 1, Fire Station 95 Addition (2701 E. Broadway).
RESOLUTION NO. 5390
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 Dedication Deed in
connection with the platting of Lot 1, Fire Station #5 Addition, attached hereto and which
shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
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City Council Minutes
January 23, 1997
Page 40
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this resolution authorizes the Mayor Pro
Tern to execute a dedication deed for the platting of City -owned
property to be known as Lot 1, Fire Station #5 Addition. This area
being platted is located just east of Zenith Avenue and north of east
Broadway and contains 2.392 acres. This dedication deed will
subdivide this unplatted parcel of land into a platted tract for a new
fire station.
The staff recommended the execution of this Dedication Deed.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5390 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(11.) Consider Resolution No. 5391 authorizing the Mayor Pro Tem
to execute two electric supply line licenses with the Atchison,
Topeka and Santa Fe Railway (A.T. & SF) (Littlefield, Texas
and Amherst, Texas).
RESOLUTION NO.5391
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 License for an electric
supply line across railway property by and between the City of Lubbock and the
Atchison, Topeka & Santa Fe Railway Company for two underground electric supply
lines to be constructed, owned, operated and maintained by said City of Lubbock across
said Railroad's right-of-way at mile post 55.54 and mile post 43.80 on the Slaton
Subdivision, attached hereto and which shall be spread upon the minutes of the Council
and as spread upon the minutes of the Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
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January 23, 1997
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Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, the City has a major water pipeline
which runs in the A.T. & SF railroad right-of-way from the
Muleshoe Sandhills to Lubbock. The City's Water Utilities
Department desires to replace two valves on this pipeline in this
railroad right-of-way and the new valves will need electrical
power. One of these valves is near Littlefield and the other is near
Amherst. Underground power will come from a power line on the
opposite side of the railroad right-of-way. This license is for 10
years and will cost the City $1,250 for each license.
The staff recommended the execution of these licenses.
Motion was made Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5391 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(12.) Consider Resolution No. 5392 authorizing the Mayor Pro Tem
to execute a Quit Claim Deed in favor of Joe Stettheimer, Inc.,
dba Heritage Homes (3402 40th Street and 3402 43rd Street).
RESOLUTION NO.5392
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Quitclaim Deed in favor of
Joe Stettheimer, Inc., dba Heritage Homes, attached hereto and which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
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City Council Minutes
January 23, 1997
Page 42
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, on December 4, 1996 the City opened
bids on three parcels of land acquired earlier for street widening
projects. Two of these three parcels are street widening remnants
from the recent Indiana Avenue widening project. 3402 40th
Street measures 66.79 feet wide by 132.50 feet long and 3402 43rd
Street measures 89.87 feet wide by 130.00 feet long. Joe
Stettheimer, Inc. was the highest bidder on both parcels. He bid
$1,800 on 3402 40th Street and $3,900 on 3402 43rd Street for a
total of $5,700 due the City.
The staff recommended the sale of this property to Mr.
Stettheimer.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5392 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(13.) Consider Resolution No. 5393 authorizing the Mayor Pro Tem
to execute a Quit Claim Deed in favor of Walter Buchanan, Jr.
(530166th Street).
RESOLUTION NO. 5393
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Quitclaim Deed in favor of
Walter Buchanan, Jr., attached hereto and which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
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January 23, 1997
Page 43
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, on December 4, 1996 the City
Purchasing Department opened bids on three parcels of land
acquired earlier for street widening projects. One of these parcels
is a remnant from the recently constructed 69th Street and Slide
Road to 66th Street and Bangor Avenue street. This parcel put up
for bid contained 25,173 square feet and Walter Buchanan, Jr. was
the highest bidder at $1,886.92.
The staff recommended the sale of this property to Mr. Buchanan.
Motion was made by Councilmember Patterson, Seconded by
Councilmember Ince to authorize Resolution No. 5393 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(14.) Consider Resolution No. 5394 authorizing the Right -of -Way
Department to make an offer to the Cone Sisters Trust for a
tract of land in Section 33, Block A, Lubbock County (west of
and adjacent to the existing landfill).
RESOLUTION NO. 5394
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to wit: landfill cover material and the City
Council of said City finds it in the public interest and for public purposes and municipal
purposes to proceed with the acquisition of land as needed for such purposes as aforesaid;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described tract of land
located in Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to wit:
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BEGINNING at a ''/2" rod found for the Northeast corner of this tract, whence a
1/2" rod and cap (HRA) found for the occupational Northeast corner of Section
33, Block A, Lubbock County, Texas, bears North 01'26'29" East, 2199.51 feet
(2200.00 feet surface), and South 88'10'19" East, 2619.33 feet (2619.92 feet
surface);
THENCE South 01 °26'29" West, along the West occupational line of the East 1/2
(E/2) of said Section 33, 3093.28 feet (3093.98 feet surface) to a 1/2" rod found
for the Southeast corner of this tract;
THENCE North 88010'08" West, 707.12 feet (707.28 feet surface) to a 1/2" rod
set for the Southwest corner of this tract;
THENCE North 01 °26'29" East, 3560.50 feet (3561.30 feet surface) to a 1/2" rod
set for the Northwest corner of this tract;
THENCE South 54°50'01" East, 850.18 feet (850.37 feet surface) to the Place of
Beginning.
SECTION 2. THAT the owner of said tract, being the Cone Sisters Trust, BE
offered through the Right -of -Way Department of the City of Lubbock the amount of
$54,730, which is the amount appraised as the value and total damages for the fee simple
title and acquisition of said real estate hereinabove described, for the use and benefit of
the City of Lubbock, Texas for the purposes herein stated, and unless accepted forthwith,
the City Attorney of said City of Lubbock is hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the fee simple title to said land as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney/Office Practice Section
According to staff memo, the City completes its usage of the
existing landfill and prepares for the opening of the new landfill
west of Abernathy, additional cover material (soil) is needed to
provide daily cover over the landfill. Parkhill, Smith and Cooper
evaluated three methods of providing this additional cover
WE
City Council Minutes
January 23, 1997
Page 45
material. The first is to purchase dirt from the landowner east of
the existing landfill. A second method of providing dirt for cover
material would be to take stockpiled dirt from McAlister Park. The
third and least expensive method of obtaining dirt cover material
would be to purchase enough land adjacent to the existing landfill
from which to excavate the dirt. According to PSC, 54 acres
would provide a total of 525,000 cubic yards, 400,000 cubic yards
for daily cover and 125,000 cubic yards of topsoil for closure of
the remaining cells and to fill any depressions if they develop over
the years. The City plans to go with the third method, acquiring 54
acres from the abutting property owners, the Cone Sisters Trust,
for this cover material. This land was appraised at $1,000 per acre
and $730 in damages, totaling $54,730, which is our offer to the
Cone Sisters. The City had Parkhill, Smith & Cooper, Inc. do a
soil boring test which indicated that the depth of the soil was more
than sufficient for the excavation of cover material. The Texas
Historical Commission has also determined that there is little
potential for construction activities to affect cultural resources at
this site and advised the City that the project can proceed. This
action also authorizes condemnation if necessary.
The Right -of -Way Department recommended the approval of our
offer of $54,730 to the Cone Sisters Trust.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5394 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(15.) Consider Resolution No. 5395 accepting paving improvements
constructed by Williams and Peters Construction Co., Inc., in
Revier Farm Addition lots 413-515.
RESOLUTION NO. 5395
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 413-515, Revier
Farm Addition, made arrangements with Williams & Peters Construction Company, Inc.
for the construction of paving improvements on certain streets and avenues dedicated in
said subdivision under the provisions of said Code prior to the recording of the
subdivision plat of the above -mentioned Addition, including the following streets and
avenues:
15th Street from the West property line of Lot 515, Revier Farm Addition, to the
West lip line of Iola Avenue, known and designated as New Subdivision Sub -Unit
Number 67 of Unit Number 2037.
14th Street from the West property line of Lot 470, Revier Farm Addition, to the
cul-de-sac West of Iola Avenue, known and designated as New Subdivision Sub -
Unit Number 68 of Unit Number 2037.
13th Street from 7.00 feet West of the West property line of the alley West of
Juneau Avenue to the West lip line of Iola Avenue, known and designated as New
subdivisions Sub Unit Number 69 of Unit Number 2037.
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City Council Minutes
January 23, 1997
Page 46
The South half of 11 th Place from 7.00 feet West of the West property line of the
alley West of Juneau Avenue to the Center line of Iola Avenue, known and
designated as New Subdivision Sub Unit Number 70 of Unit Number 2037.
Juneau Avenue from 7.00 feet South of the alley South of 15th Street to the South
lip line of 15th Street, known and designated as New Subdivision Sub -Unit
Number 71 of Unit Number 2037.
Juneau Avenue from the North lip line of 15th Street to the South lip line of 14th
Street, known and designated as New Subdivision Sub -Unit Number 72 of Unit
Number 2037.
Juneau Avenue from the North lip line of 13th Street to the end of the cul-de-sac
North of 13th Street, known and designated as New Subdivision Sub -Unit
Number 73 of Unit Number 2037.
Ironton Avenue from the North lip line of 13th Street to the South lip line of 1 lth
Place, known and designated as New Subdivision Sub -Unit Number 74 of Unit
Number 2037.
The West half of Iola Avenue from 7.00 feet South of the alley South of 15th
Street to the South end of radius of 1 Ith Place, known and designated as New
Subdivision Sub -Unit Number 75 of Unit Number 2037.
WHEREAS, the construction of the above improvements on the above -mentioned
streets and avenues was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues BE and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council and to
direct payment of the City's portion of the cost in the amount of $15,144.69 to the
Contractor.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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City Council Minutes
January 23, 1997
Page 47
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this is a routine acceptance of paving
improvements required at the time of platting this new subdivision.
These improvements consist of street paving and curb and gutter
on:
15th Street from the west property line of Lot 515 to Iola
Avenue.
14th Street from the west property line of Lot 470 to Iola
Avenue.
13th Street from the alley west of Juneau Avenue to Iola
Avenue.
South half of 1 lth Place from the alley west of Juneau to Iola
Avenue.
Juneau Avenue from the alley south of 15th Street to 15th
Street.
Juneau Avenue from 15th Street to 14th Street.
Juneau Avenue from 13th Street to the cul-de-sac north of 13th
Street.
Ironton Avenue from 13th Street to 1 lth Place.
West half of Iola Avenue from the alley south of 15th Street to
1 Ith Place.
There is no City cost due the contractor upon this acceptance.
Staff recommended acceptance of these paving improvements.
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City Council Minutes
January 23, 1997
Page 48
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5395 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(16.) Consider Resolution No. 5396 accepting paving improvements
constructed by Williams and Peters Construction Co., Inc., in
Lakeridge Country Club Estates, Lots 951-985.
RESOLUTION NO. 5396
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 951-985,
Lakeridge Country Club Estates Addition, made arrangements with Williams & Peters
Construction Company, Inc. for the construction of paving improvements on certain
streets and avenues dedicated in said subdivision under the provisions of said Code prior
to the recording of the subdivision plat of the above -mentioned Addition, including the
following streets and avenues:
York Place from the North lip line of 92nd Street to the North end of the cul-de-
sac North of 92nd Street, known and designated as new Subdivision Sub -Unit
Number 56 of Unit Number 2036.
91 st Street from the East lip line of York Place to the East end of the cul-de-sac
East of York Place, known and designated as New Subdivision Sub -Unit Number
57 of Unit Number 2036.
WHEREAS, the construction of the above improvements on the above -mentioned
streets and avenues was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the terms of
Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues BE and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
City Council Minutes
January 23, 1997
Page 49
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this is a routine acceptance of paving
improvements constructed at the time of platting this new
subdivision. These improvements consist of street paving and curb
and gutter on:
York Place from 92nd Street to the cul-de-sac north of 92nd
Street.
91 st Street from York Place to the cul-de-sac east of York Place.
There is no City cost due the contractor upon this acceptance.
Staff recommended acceptance of these paving improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5396 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(17.) Consider the price and condition of sale of Parcel Number
15760-22-130 at 2409 Hickory Avenue in the Chatman Hill
Area.
According to staff memo, this is a routine sale of property by the
Urban Renewal Agency to Lubbock Habitat for Humanity, a non-
profit organization for $30.00. The property is to be redeveloped
with a new 1,200 square foot, single-family residence valued at
$30,000. The land is properly zoned.
The proposed development is submitted according to Habitat for
Humanity's future timeline plan to develop the 2400 Block of
Hickory Avenue with eight homes for low income families. The
proposal was accepted by the URA Board of Commissioners on
September 20, 1994. To date, four homes have been completed.
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City Council Minutes
January 23, 1997
Page 50
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize passage of this item as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(18.) Consider Resolution No. 5397 authorizing the Mayor Pro Tem
to execute an Interlocal Cooperative Agreement with the City
of Littlefield for law enforcement purposes pertaining to South
Plains Regional Narcotics Task Force.
RESOLUTION NO.5397
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the City of Littlefield, County of Lamb, State of Texas. Said
Agreement is attached hereto and shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince, to authorize Resolution No. 5397 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(19.) Consider Resolution No. 5398 authorizing the Mayor Pro Tem
to execute an Interlocal Cooperative Agreement with the City
of Shallowater for law enforcement purposes pertaining to
South Plains Regional Narcotics Task Force.
RESOLUTION NO. 5398
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City Council Minutes
January 23, 1997
Page 51
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the City of Shallowater, County of Lubbock, State of Texas. Said
Agreement is attached hereto and shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5398 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(20.) Consider Resolution No. 5399 authorizing the Mayor Pro Tem
to execute an Interlocal Cooperative Agreement with the City
of Olton for law enforcement purposes pertaining to South
Plains Regional Narcotics Task Force.
RESOLUTION NO 5399
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Interlocal Cooperation Agreement
for law enforcement purposes for the investigation and prevention of narcotic and drug
related criminal activity and to provide enforcement of the narcotic and drug related laws
of the State of Texas within the South Plains Region, by and between the City of
Lubbock and the City of Olton, County of Lamb, State of Texas. Said Agreement is
attached hereto and shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
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City Council Minutes
January 23, 1997
Page 52
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance No. 5399 as recommended by staff. Motion carried
Yeas; 0 Nays.
(21.) Consider Resolution No. 5400 authorizing the Mayor Pro Tem
to execute an Interlocal Cooperative Agreement with the City
of Lockney for law enforcement purposes pertaining to South
Plains Regional Narcotics Task Force.
RESOLUTION NO. 5400
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the City of Lockney, County of Floyd, State of Texas. Said
Agreement is attached hereto and shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
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City Council Minutes
January 23, 1997
Page 53
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5400 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(22.) Consider Resolution No. 5401 authorizing the Mayor Pro Tern
to execute an Interlocal Cooperative Agreement with the City
of Floydada for law enforcement purposes pertaining to South
Plains Regional Narcotics Task Force.
RESOLUTION NO. 5401
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the City of Floydada, County of Floyd, State of Texas. Said
Agreement is attached hereto and shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
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City Council Minutes
January 23, 1997
Page 54
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5401 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(23.) Consider Resolution No. 5402 authorizing the Mayor Pro Tem
to execute an Interlocal Cooperative Agreement with the City
of Levelland for law enforcement purposes pertaining to South
Plains Regional Narcotics Task Force.
RESOLUTION NO, 5402
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the City of Levelland, County of Hockley, State of Texas. Said
Agreement is attached hereto and shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
6-'111
City Council Minutes
January 23, 1997
Page 55
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5402 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(24.) Consider Resolution No. 5403 authorizing the Mayor Pro Tem
to execute an Interlocal Cooperative Agreement with the City
of Amherst for law enforcement purposes pertaining to South
Plains Regional Narcotics Task Force.
RESOLUTION NO.5403
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the City of Amherst, County of Lamb, State of Texas. Said
Agreement is attached hereto and shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
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City Council Minutes
January 23, 1997
Page 56
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Tv" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5403 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(25.) Consider Resolution No. 5404 authorizing the Mayor Pro Tem
to execute an Interlocal Cooperative Agreement with the City
of Spur for law enforcement purposes pertaining to South
Plains Regional Narcotics Task Force.
RESOLUTION NO. 5404
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the City of Spur, County of Dickens, State of Texas. Said
Agreement is attached hereto and shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Met
City Council Minutes
January 23, 1997
Page 57
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5404 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(26.) Consider Resolution No. 5405 authorizing the Mayor Pro Tem
to execute an Interlocal Cooperative Agreement with the
County of Dickens for law enforcement purposes pertaining to
South Plains Regional Narcotics Task Force.
RESOLUTION NO 5405
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the County of Dickens, State of Texas. Said Agreement is attached
hereto and shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
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City Council Minutes
January 23, 1997
Page 58
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5405 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(27.) Consider Resolution No. 5406 authorizing the Mayor Pro Tern
to execute an Interlocal Cooperative Agreement with the
County of Lamb for law enforcement purposes pertaining to
South Plains Regional Narcotics Task Force.
RESOLUTION NO.5406
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the County of Lamb, State of Texas. Said Agreement is attached
hereto and shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
City Council Minutes
January 23, 1997
Page 59
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5406 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(28.) Consider Resolution No. 5407 authorizing the Mayor Pro Tem
to execute an Interlocal Cooperative Agreement with the City
of Ralls for law enforcement purposes pertaining to South
Plains Regional Narcotics Task Force.
RESOLUTION NO.5407
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation
Agreement for law enforcement purposes for the investigation and prevention of narcotic
and drug related criminal activity and to provide enforcement of the narcotic and drug
related laws of the State of Texas within the South Plains Region, by and between the
City of Lubbock and the City of Ralls, County of Crosby, State of Texas. Said
Agreement is attached hereto and shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
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City Council Minutes
January 23, 1997
Page 60
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
According to staff memo, the Interlocal Cooperation Agreements
are being made in conjunction with the Governor's Anti -Drug
Abuse Program. As a recipient of a Texas Narcotics Control
Program Grant, one requirement is that each participating agency
enter into an Interlocal Cooperation Agreement. This is to assure
compliance with the various mandates of the program placed upon
the participating agencies.
The execution of these agreements will also allow City of Lubbock
Police Officers to work outside their normal jurisdictional
boundaries in furtherance of the goals of the program, and making
the enforcement effort multi jurisdictional.
The Police Department recommended approval of these
resolutions.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5407 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(29.) Consider Resolution No. 5408 authorizing the Mayor Pro Tem
to execute a joint application with the City of Lamesa for grant
funding and related documents for operation of South Plains
Regional Narcotics Task Force.
RESOLUTION NO. 5408
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Protempore of the City of Lubbock be and is hereby
authorized and directed to execute for and on behalf of the City a joint application
with the City of Lamesa for grant funding and related documents for the State of
Texas, Office of the Governor, Criminal Justice Division for State and federal
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City Council Minutes
January 23, 1997
Page 61
assistance for operation of the South Plains Regional Narcotics Task Force to
combat narcotics and illegal substances trafficking. The City Council hereby
agrees to a cash match of $ 91,815.00 from the City to fund 25% of the Project, as
required by the State of Texas in order to be eligible to receive such State and
federal assistance.
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5408 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(30.) Consider a Resolution No. 5409 authorizing the Mayor Pro
Tem to execute an Interagency Agreement to develop a
Narcotics Task Force with the City of Lamesa for the
development and operation of the South Plains Regional
Narcotics Task Force.
RESOLUTION NO.5409
WHEREAS the City Council has resolved by Resolution No. 5408, that the City
of Lubbock be authorized and directed to execute for and on behalf of the City a joint
application with the City of Lamesa for grant funding and related documents for the State
of Texas, Office of the Governor, Criminal Justice Division for State and Federal
assistance for operation of the South Plains Regional Narcotics Task Force and including
provision for a cash match from the City to fund 25% of the Project; and
WHEREAS the State of Texas, Office of the Governor, Criminal Justice Division
requires as a pre -condition to funding of the project that the application for grant funding
include in resolution form from the governing board a statement that in the event of loss
or misuse of Criminal Justice Division funds, the governing body assures that funds will
be returned to Criminal Justice Division in full;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
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City Council Minutes
January 23, 1997
Page 62
THAT in the event of loss or misuse of funds of the State of Texas, Office of the
Governor, Criminal Justice Division, provided pursuant to that certain joint application
with the City of Lamesa for grant funding, which application has been authorized by this
council by Resolution No. 5408, this Council assures that funds will be returned to the
Criminal Justice Division in full.
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
According to staff memo, the grant application is being made in
conjunction with the Governor's Anti -Drug Abuse Program. The
52 law enforcement agencies represented in the South Plains
region cover some 10,000 square miles and are responsible to
approximately 300,000 people located in ten counties. Narcotic
trafficking on the South Plains should be considered multi -
jurisdictional with the success of each individual law enforcement
agency in its operation having a direct effect on criminal activity in
neighboring jurisdictions. Illegal narcotic trafficking is a regional
program requiring regional coordination.
The citizens of the ten county region, including the City of
Lubbock, would greatly benefit from this program. By identifying
transient narcotic dealers and coordinating efforts to monitor their
activities, the program will facilitate an effective impact on the
narcotic problem in the ten county region.
Further, the task force will maintain an effective communications
network with local jurisdictions concerning criminal violator
activity. This approach will be promoted by an effective
coordination of enforcement priorities and an efficient violator
apprehension program working closely with the Drug Enforcement
Administration, Department of Public Safety, County and City law
enforcement agencies. The unit would also lend investigative
support to local jurisdictions.
The grant application is to be received by the Governor's Office,
Criminal Justice Division, no later than 5 p.m. February 24, 1997.
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City Council Minutes
January 23, 1997
Page 63
Awards for the grant have been set for June 1, 1997. The total
request for funding is $414,034 with the City's contribution being
$91,815. This is the required 25 per cent match for the total grant
and will come from our seized asset funds.
To assure compliance with the requirements of the program, each
participating agency must sign an Interlocal Cooperation
Agreement with the City of Lubbock.
The Police Department recommended the passing of this
resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5409 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(31.) Consider Resolution No. 5410 authorizing the Mayor Pro Tem
to execute a contract with the firm of Sandhurst Associates to
provide an Executive Search for the City of Lubbock, Lubbock
Power and Light Managing Director.
RESOLUTION NO.5410
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, attached
herewith, by and between the City of Lubbock and Sandhurst Associates, and any
associated documents, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 23rd day of January 1997.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte
Debra B. Forte, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
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City Council Minutes
January 23, 1997
Page 64
According to staff memo, the position of Managing Director of
Electric Utilities is unique to only a few cities and because we will
be in competition with many private electric companies, we
believe it is important we hire the best individual for this position.
Therefore, we contacted several executive search firms and have
selected the firm of Sandhurst Associates for assistance in this
process. This firm primarily provides services to private
companies and we believe their expertise will serve the City well.
Cost for this search will be 30 percent of the successful candidate's
first year salary. This is standard for this type of work.
Staff recommended that the City of Lubbock engage the
professional services of the firm of Sandhurst Associates to assist
in the solicitation of applicants for the Managing Director of
Lubbock Power and Light.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5409 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(33.) Bid #13709--Trucks (Fleet Services)
Shamrock Chevrolet--5 Ea. 1 Ton 4x4 long wheelbase per Spec
318,4 Ea. 1 Ton 4x4 single wheel cab & chassis per Spec 322, 1
Ea. 1/2 Ton suburban type per Spec 408, 1 Ea. 3/4 Ton suburban
type per Spec 410.
Gene Messer Ford --2 Ea. 1 ton crew cab pickup per Spec 504.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(34.) Bid #13713--Paper Cutter
Diamond Business Services, Inc.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(35.) Bid #13731 - Maxey Swimming Pool Renovations (Park
Development)
RESOLUTION NO. 5411
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 an on behalf of the City of Lubbock a contract with Starks
Construction Company, Inc., of Abilene, Texas to install and furnish all materials and
services as bid for the Maxey Swimming Pool Renovations, attached hereto and which
shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copies herein in detail.
City Council Minutes
January 23, 1997
Page 65
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 23rd day of January, 1997, 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 STARKS CONSTRUCTION COMPANY of the City of Abilene, County
of Taylor, 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 # 13731 - MAXEY SWIMMING POOL RENOVATIONS - $280,000.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the date
written notice to do so shall have been given to him and to substantially complete same
within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract in accordance with the bid submitted therefore, subject to additions and
deductions, as provided in the contract documents and to make payment on account
thereof as provided therein.
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City Council Minutes
January 23, 1997
Page 66
IN WITNESS WHEREOF, the parties to these presents have executed this agreement
in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/Craig Wuensche
Owner's Representative
APPROVED AS TO FORM:
/s/Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
(37.)
(36.)
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
OrMys"11,
CONTRACTOR:
STARKS CONSTRUCTION COMPANY
By: Bill Starks
PRINTED NAME: Bill Starks
TITLE: Secretary/Treasurer
COMPLETE ADDRESS:
Starks Construction Company
7449 Lantana Avenue
Abilene, Texas 79606
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5411 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
Bid #13768 - Police Motorcycle Lease (Police Department)
Graves Harley Davidson Sales, Inc. - 8 ea. Police motorcycles two
year lease per Spec. 204.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
Bid #13733 - Service Utility Vehicles (Fleet Services)
South Plains International Trucks- 1 Ea. 18,280 lb GVWR cab &
chassis per Spec 601; 2 Ea. 28,000 lb GVWR cab & chassis per
Spec 606 WU; 5 Ea. Motor truck cab & chassis per Spec 608;
1 Ea. 46,000 lb GVWR tandem axle cab & chassis per Spec 634;
1 Ea. 56,000 lb GVWR cab & chassis per Spec 642.
CIA Machinery, Inc.- 1 Ea. hydraulic pressure hole digger per
Spec 711.
Shamrock Chevrolet- 1 Ea. 35,000 lb GVWR cab & chassis per
Spec 635.
Altec Industries, Inc.- 1 Ea. hydraulic lifting derrick & utility body
per Spec 739; 1 Ea. 37,000 lb GVWR cab per Spec 655; 1 Ea.
hydraulic lifting derrick & utility body per Spec 767..
STM Equipment, Inc.-1 Ea. high velocity combination hydro -
cleaner and vacuum unit per Spec 726.
City Council Minutes
January 23, 1997
Page 67
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to approve low bids meeting
specifications as recommended by staff, with exception that Item
# 10 be deleted.. Motion carried: 5 Yeas; 0 Nays.
(43.) Consider Resolution No. 5412 authorizing the Mayor Pro Tem
to execute an agreement and work order with NRS Consulting
Engineers for engineering services related to registration of the
existing landfill as a transfer station with the Texas Natural
Resource Conservation Commission.
RESOLUTION NO.5412
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tempore of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock an
Agreement for Professional Engineering Services and any related Work Orders and other
documents with NRS Consulting Engineers, Inc., attached hereto, and which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mildred Cox
Mildred Cox, Director of Transportation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, when the new City landfill begins
operation near Abernathy, the haul distance for collection vehicles
will increase significantly over the present operations. To
maximize the efficiency of the collection/disposal system, it will
be advantageous to operate a transfer station at the existing landfill
site.
The collection vehicles will pick up solid waste material within the
City of Lubbock and unload it at the transfer station. The solid
waste material will then be loaded into larger trucks for
transportation to the new landfill site for disposal. This operation
is designed to minimize the travel time between collection and
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City Council Minutes
January 23, 1997
Page 68
unloading for the collection vehicles so that they can provide more
pick ups per day. The larger transport vehicles will make fewer
trips to the new landfill, carrying a much larger volume of material
per trip.
Since the existing landfill is already permitted as a solid waste
facility with the Texas Natural Resource Conservation
Commission, registration as a transfer station should be a
straightforward process.
A Consultant Selection Committee was appointed to evaluate
proposals submitted by three consulting firms for this project. The
Committee recommended the City contract for these services with
NRS Consulting Engineers on the basis that the firm has particular
experience for registration of solid waste transfer stations, it is very
reputable in this particular field, and their general project approach
indicates a definite understanding of the project.
The agreement is set up to include five phases - Registration,
Preliminary Conferences, Design, Construction, and General.
Work on any of the phases must be authorized by a Work Order,
specific to that phase, signed by the City. The Work Order
authorizing the Registration and General phases is included for
signatures with this Agreement. If the Council wishes to continue
any additional phases of engineering services with NRS after
registration is obtained, those may be authorized at a future date.
The Registration/General Phase Work Order is set up to charge
engineering fees for services at hourly rates, with the total contract
amount for the Work Order not to exceed $24,000 plus an
estimated $4,000 for reimbursable expenses. The hourly rates to
be charged by NRS are comparable to prevailing rates for similar
engineering services.
Staff recommended approval of this agreement and authorization
of the Work Order for Registration/General Phases.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution No. 5412 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(44.) Consider Resolution No. 5413 amending the February 25, 1988
Energy Agreement between the City of Lubbock, Texas Tech
University, and Texas Tech University Health Sciences Center.
RESOLUTION NO, 5413
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tempore of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock an
Addendum to an Energy Agreement by and between the City of Lubbock and Texas Tech
University and Texas Tech Health Sciences Center, and any associated documents, which
Addendum shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
City Council Minutes
January 23, 1997
Page 69
Passed by the City Council this 23rd day of January 1997.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/
APPROVED AS TO FORM:
/s/
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
According to staff memo, in 1988, LP&L and Texas Tech jointly
entered into a 20 year Energy Agreement which has proven
beneficial to both parties. Tech has averaged over $2,000,000 per
year savings through reduced steam and electricity costs and LP&L
has saved over $1,000,000 per year through efficiency gains by
locating a state of the art power plant on the Tech campus. Both
parties wish to continue these savings and have agreed to extend
the term of this contract by an additional ten years.
Several other items in the original contract will be modified to
reflect our actual operating experience at this plant and to allow for
future expansion of this facility. LP&L and Tech have been
discussing many of these modifications for years. In effect, these
charges allow additional room for LP&L to expand the existing
facilities. We currently intend to expand these facilities within the
next seven to ten years. Some of the changes now recognize that
Tech in the future may have access to additional sources of power.
The change allows LP&L the opportunity to meet the price and
match the service of these potential future suppliers. Some of the
changes also recognize that the steam supply is dependent upon the
electricity supply. Without the unit running to provide electricity,
the production of steam is not possible. Other changes recognize
that this unit has proven itself to be extremely reliable and removes
some of the limitations which existed before the unit was proven.
Overall, the contract extension and modifications to reflect actual
experience are mutually beneficial to LP&L and Texas Tech.
This item has been carefully scrutinized by both the City Attorney
and outside counsel to be certain that it is in compliance with all
applicable state and federal laws. Both have indicated that it has
been appropriately negotiated and that it is appropriate for Council
action.
City Council Minutes
January 23, 1997
Page 70
Based on the recommendations from the City Attorney and outside
counsel, staff recommended approval of this item.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution No. 5413 as
recommended by staff. Motion carried: 4 Yeas; Councilmember
Hernandez descending.
(45.) Consider Resolution No. 5414 authorizing the Mayor Pro Tem
to execute a resolution implementing user fees at Lake Alan
Henry.
RESOLUTION NO. 5414
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby adopts and approves the user fee system for Lake
Alan Henry and Sam Wahl Recreation Area attached hereto as Exhibit A. Said user fees
shall be reviewed annually to ensure adequacy of the fees to cover the total cost of the
operation and maintenance of the lake, recreation area, and wildlife mitigation area and
shall be adjusted as the Director of Water Utilities deems necessary.
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Director of Water
Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
According to staff memo, even though the City of Lubbock has not
actively promoted the use of Lake Alan Henry and the adjoining
recreation area, public visitation has increased dramatically over
the past two to three years. This increase, which parallels the rise
in the water level of the lake, has no doubt resulted from the word-
of- mouth promotion by area residents who have used the facilities.
Popular recreational activities include boating, fishing, picnicking,
and overnight camping.
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City Council Minutes
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Page 71
Because of the number of visitors to the lake, maintenance needs
have increased substantially. Contracts with private companies
have been established to provide service for sanitation, grounds
keeping, and solid waste collection. In addition, City personnel
have been called on to make repairs on the boat ramp, courtesy
dock, and roads. The 1995-96 operating budget included $32,630
for maintenance and upkeep of the Lake Alan Henry recreation
area.
In order to offset maintenance costs associated with increasing
public visitation, the staff conducted a study to determine the
feasibility of establishing user fees for visitors to Lake Alan Henry.
Traffic counters were set up to monitor vehicular traffic at the area
entrance from July 30 through September 3, 1996. According to
the data, the average number of vehicles entering the area on
weekdays was 35. The average number of vehicles entering the
area on summer weekends was 105 per day (210 for 2-day period),
whereas the three-day Labor Day weekend showed a total of 418
vehicles. Based on this data, the staff has estimated that 10,587
vehicles will enter the Lake Alan Henry recreation area during
calendar year 1997.
A survey of other lakes in this region of Texas was also performed.
From this information, staff developed a schedule for Lake Alan
Henry which would be very competitive with other lakes in the
area and which would provide the revenue necessary to recover
maintenance and operational costs associated with the recreation
area. Following is the fee schedule recommended by staff:
Proposed Recreation Area Fees:
Under age 12------------------------ $0.00
Over age 65-------------------------- $0.00
Adult Daily Use Fee---------------- $2.00 per person per day
Boat Launching Fee ---------------- $2.00 per day
Camping------------------------------ $2.00 per night
Annual Family Permit* ------------ $60.00 per year
Annual Individual Permit* -------- $15.00 per year
*Would include all uses of the recreation area such as boat
launching fees, entrance fees, and camping fees.
Based on projected traffic data, it is estimated that the proposed fee
schedule would produce a gross revenue of $59,280 during 1997.
Of the vehicles entering the area, it is estimated that approximately
3 per cent would purchase annual permits, 60 per cent would
launch water craft, and 2 per cent would camp overnight.
To implement permit sales, two part-time gatekeepers would be
employed to work on -site at the recreation area from April through
September. The annual operating costs for the gatekeepers and
permit printing would be approximately $10,000 annually. Also, a
building, small parking area, and ingress/egress roads would need
to be constructed at the lake entrance. The first year's revenues
would be absorbed by the cost to construct the permit station and
related facilities. However, in subsequent years, the net revenues
should be adequate to offset the maintenance and operating costs
associated with the recreational use of Lake Alan Henry.
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City Council Minutes
January 23, 1997
Page 72
User fees for Lake Alan Henry should offset the higher
maintenance costs associated with increasing visitation at the lake.
Since the staff believes that these costs should be borne by the
recreational users of the lake facilities, rather than by general water
customers, approval of this item is recommended.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Patterson to authorize Resolution No. 5414 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(47.) Consider Ordinance No. 9971 relating to the establishment of a
non-discriminatory procedure for granting
telecommunications franchises for use of public rights of way
within the City of Lubbock.
ORDINANCE NO.9971
PUT IN ORDINANCE
Council is aware of the fact that staff has been actively involved in
a renegotiation of our franchise agreement with Southwestern Bell.
Following the expiration of the previous agreement, Council
approved a ninety day extension in order to allow time for
additional negotiations. Those negotiations have now been
concluded and staff is prepared to recommended approval of the
attached ordinance.
In the future, franchise fees will be based on a "line in use charge",
which will net an amount of approximately $2,851,320 million
annually. This is an increase of $616,320. There will also be a
$5,000 franchise application fee and the applicant will pay our
consultant's fees on acceptance of a franchise. The line usage fee
will be easy for the franchise utility to calculate, easy for us to
check, relates directly to the use of public right-of-way (our basis
for charging per franchise), will be non-discriminatory and will not
create a barrier to entry for new market entrance.
All construction in the streets will require prior notice to the City
and all projects over $25,000 will require a permit from the City
and a performance bond in the amount of the construction costs. If
the utility fails to close the project for any reason, we can use the
bond proceeds to repair the right-of-way. Applicants will be
allowed to choose to carry insurance or to be self -insured upon a
showing of legal authority and a sufficient account balance to
cover potential claims in the City's opinion.
The term will be three years.
We have retained the favorable hold harmless language of our
present franchise agreement and Southwestern Bell has agreed to
dismiss their pending lawsuit against us. (The lawsuit dismissal
provisions will be included in the actual franchise ordinance, not
the regulatory ordinance that we have just completed.)
Once the regulatory is in place, we will come back to Council with
an actual franchise ordinance for Southwestern Bell.
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City Council Minutes
January 23, 1997
Page 73
It is anticipated that this agreement will have the following impact
on consumer bills.
Residential from $1.12 per month to $1.35, an increase of $0.23
per month
Business from $2.59 per month to $3.13, an increase of $0.54
per month
Staff recommended approval of this ordinance.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Patterson to pass on first reading Ordinance No.
9971 as recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(46.) Consider Resolution No. 5415 authorizing the Mayor Pro Tem
to execute a contract with the firm of Commonwealth
Consulting Corp. to represent the City of Lubbock in federal
legislative affairs.
RESOLUTION NO.5415
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Professional Services
Contract and all related documents by and between the City of Lubbock and
Commonwealth Consulting Corporation, to provide consulting, counseling and legislative
services for the City of Lubbock from January 23, 1997, to December 31, 1997, subject to
an additional option period of January 1, 1998, through December 31, 1999, and if said
option is exercised, the contract may continue for successive (2) two year periods. A
copy of said contact is attached hereto and incorporated as if fully set forth herein and
shall be included in the minutes of the Council.
Passed by the City Council this 23rd day of January 1997.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte'
Debra B. Forte', Assistant City Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice Section
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
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City Council Minutes
January 23, 1997
Page 74
According to staff memo, the City of Lubbock has for many years
been actively involved at the "agency level" in Washington, D.C.
Through our contacts with Barbara McCall, we have successfully
worked with personnel in agencies such as HUD and EPA to
interpret and revise rules in an attempt to best meet the needs of
our citizens. While this has proved to be very effective, we find
that we have not had the expertise necessary to work at the level of
activity that may be more aptly described as strategic. There are
numerous issues, which may take years to mature, on which we
need to begin working now if we are to have the City appropriately
positioned in the next century. Examples include future funding
for I-27, the direction of electric utility deregulation, the impact of
mass transit funding formulas following the 2000 census, etc. Our
ability to impact these issues will, to a large extent, be dependent
upon our ability to now begin working with senior level policy
makers in Washington. The effort will be time consuming and
will, as noted above, probably take years to mature. Nevertheless,
we feel that it is necessary.
Staff solicited proposals for additional Washington representation
in February, 1996. We reviewed 21 bids for legislative services
(including both the state and federal level). Three Washington
firms presented federal proposals. Following extensive staff
research, the review committee selected the proposal from
Commonwealth Consulting Corporation. The proposed contract is
"two tiered" in that it provides a basic fee ($3,000 per month) for
the typical level of work and a second fee ($8,000 per month)
should we require more intensive work on any specific issue.
Proceeding to the second tier would only be allowed with the
written consent of the City of Lubbock.
Staff recommended Council approval of this item.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution No. 5415 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(51.) Confirm reappointment of Kay Key to the Structural
Standards Commission.
The citizen referenced above was selected for service during the
City Council meeting on December 12, 1996. She has been
contacted and has agreed to serve another term.
Motion was made by Councilmember, Neugebauer, seconded by
Councilmember Hernandez to reappoint Kay Key to the Structural
Standards Commission. Motion carried: 5 Yeas; 0 Nays.
(48.) Consider a Resolution No. 5416 canvassing the returns and
declaring the results of the City Special Election held on
January 18,1997.
RESOLUTION NO. 5416
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT
OF THE SPECIAL CITY ELECTION HELD JANUARY 18, 1997.
74
City Council Minutes
January 23, 1997
Page 75
BE IT REMEMBERED THAT, on the 23rd day of January, 1997, the City
Council of the City of Lubbock met at 10:00 o'clock a.m. at the regular meeting place of
the City Council in the City of Lubbock Municipal Building with the following members
present, to -wit:
Mayor Pro Tern Alex "Ty" Cooke
Councilmember T. J. Patterson
Councilmember Max L. Ince
Councilmember Randy Neugebauer
Councilmember Victor Hernandez
City Manager Bob Cass
City Attorney Anita Burgess
City Secretary Kaythie Darnell
On Motion of Councilmember Randy Neugebauer, seconded by
Councilmember Victor Hernandez, it is unanimously carried that the returns of the
Special City Election held January 18, 1997, for the election of a Mayor, and one City
Council Member as provided by law, be opened and canvassed, and the results of the
election be declared therefrom; and said returns having been duly canvassed, it is found
that the votes for the various candidates are as follows:
CANDIDATES FOR MAYOR
Cecil H. Puryear
Windy Sitton
Gilbert J. Montes, II
The Mad Hatter
Write in Votes:
See the Attached List
CANDIDATES FOR COUNCIL DISTRICT 3
David Nelson
Carlos A. Leal, Sr.
Landa Gamble -Jones
Write in Votes
TOTAL VOTES CAST IN ELECTION
VOTES RECEIVED
1895
6555
383
513
178
VOTES RECEIVED
1921
147
493
9
2605
And it further appearing that said election was duly held as provided by law and
that the following persons received a majority of the votes of the sum total of votes
cast for each specified position:
POSITION PERSON RECEIVING MAJORITY VOTE
MAYOR Windy Sitton
COUNCIL DISTRICT 3 David Nelson
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY
COUNCIL OF THE CITY OF LUBBOCK:
75
City Council Minutes
January 23, 1997
Page 76
THAT the persons named above as receiving the majority vote for a position
are duly elected to the office indicated.
PASSED, APPROVED AND ADOPTED ON MOTION OF RANDY NEUGEBAUER,
SECONDED BY VICTOR HERNANDEZ, THIS 23RD DAY OF JANUARY, 1997.
COUNCIL MEMBERS VOTING AYE:
Alex "Ty" Cooke
T. J. Patterson
Max L. Ince
Randy Neugebauer
Victor Hernandez
COUNCIL MEMBERS VOTING NAY:
Passed by the City Council this 23rd day of January 1997.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
According to staff memo, the governing body is required to
canvass election results not earlier than the second day nor later
than the sixth day after election day. Because the regularly
scheduled meeting of the City Council falls within this time frame,
we have scheduled the canvass and the swearing -in ceremony as
the last items of business on the January 23 agenda. Each
Councilmember will be provided with tabulation sheets showing
the number of votes cast for each candidate as well as the number
of under votes and over votes in each precinct. The resolution will
canvass the returns and declare the results of the Special Election
for the Mayor and City Councilmember District 3.
The City Secretary recommended that the City Council accept the
returns and act favorably on the resolution.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Hernandez to authorize Resolution No. 5416 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
Swearing in of new District 3 Councilmember David Nelson was followed by City
Council adjournment into Executive Session.
(49.) Hold an executive session, in accordance with V.T.C.A
Government Code, Section 551.074 (a)(1), to discuss personnel
matters (City Manager and City Secretary).
76
City Council Minutes
January 23, 1997
Page 77
(50.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation (Solid Waste and Water Utilities).
The City Council reconvened. There being no further business or discussion, it was the
consensus of Council to adjourn the meeting. r"
A EST:
v4L
ayth' Darnell, City Secretary
Read and approved this of
AT ST:
U4t��'- -'I 4VI-11
Kaythie Ajarnell, City Secretary
ALEX "TY" COOKE, MAYOR PRO TEM
1997.
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ALEX "T"W' COOKE, MAYOR PRO TV -",A