HomeMy WebLinkAboutMinutes - City Council - Regular - 2/13/1997CITY OF LUBBOCK
CITY COUNCIL MEETING
February 13, 1997, 10:30 A.M.
CITY COUNCIL CHAMBERS
The City Council of the City of Lubbock, Texas, met in regular session on the 13th
day of February 1997, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas, at 10:30 A.M.
Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor
Hernandez, Councilmember T. J. Patterson, Councilmember J. David Nelson,
Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob
Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell.
8:00 A.M. CITY COUNCIL CONVENES
City Council Chambers, 1625 13th Street, Lubbock, Texas
Mayor Sitton stated the Council will be holding an Executive
Session, in accordance with the V.T.C.A. Government Code,
Section 551.074(a)(1) to discuss personnel matters: City Manager
and City Secretary; pending or contemplated litigation; Police,
Reese A.F.B., Solid Waste, and Water Utilities; land acquisition:
Cultural and Leisure Services and L. P. & L.
8:03 A.M. COUNCIL RECESSES TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
10:30 A.M. CITY COUNCIL REGULAR MEETING RECONVENES
City Council Chambers
Mayor Sitton called the meeting to order at 10:30 A.M.
( 1.) The Invocation was given by Mel Swoyer, Pastor, Shepherd
King Lutheran Church.
(2.) Pledge of Allegiance was given in unison by those in the City
Council Chambers.
(3.) Board Appointments.
Gloria Onoh; Melissa Shelton; Gary Greenstreet and Harold
Chatman.
Mayor Sitton presented a gift to Mayor Pro Tem Cooke in
behalf of the Council for a job well done.
Mayor Sitton congratulated Councilmember Nelson in joining
the Council.
Citizen's Comments --Mayor Sitton noted that the citizens
would need to be in time and that each speaker may be
restricted depending upon the number of citizens wishing to
speak.
City Council Meeting
February 13, 1997
Page 80
10:40 A.M. Citizens:
Cecil Puryear; Chris Phelps; Mikel Wood; Reverend Swoyer;
David Spears; Gloria Onoh and Harold Chatman addressed
the Council.
(4.) Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve the minutes of the
January 23, 1997, Regular City Council Meeting as written.
Motion carried: 7 Yeas; 0 Nays.
( 5.) Ordinance No. 9966--Zone Case No. 2487-A (North of
Municipal Drive and east of North Birch Avenue)- 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
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2487-A ; A ZONING CHANGE FROM M-1 TO M-2
ZONING ON 21.32 ACRES OF LAND OUT OF SECTION 77, BLOCK 4, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on second and final reading
Ordinance No. 9966 as recommended by staff. Motion carried:
7 Yeas; 0 Nays.
( 6.) Ordinance No. 9967--Zone Case No. 2788 (2306 Texas) -
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 good on .778 acres of land out
of Section 7, Block B.
ORDINANCE NO.9967
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2788; A ZONING CHANGE FROM IHC TO IHC
SPECIFIC USE ZONING FOR A RESTAURANT AND OUTSIDE SALES OF USED
GOODS ON .778 ACRES OF LAND OUT OF SECTION 7, BLOCK B, (2306 TEXAS),
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on second and final reading
Ordinance No. 9967 as recommended by staff. Motion carried:
7 Yeas; 0 Nays.
(7.) Ordinance No. 9968--Zone Case No. 2789 (2910 Avenue N) -
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.
City Council Meeting
February 13, 1997
Page 81
ORDINANCE NO.9968
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2789; A ZONING CHANGE FROM C-3 AND R-3 TO
C-3 SPECIFIC USE ZONING FOR HABITAT FOR HUMANITY ON LOTS 16,17 &
18, BLOCK 8, ROBINSON ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on second and final reading
Ordinance No. 9968 as recommended by staff. Motion carried:
7 Yeas; 0 Nays.
( 8.) Ordinance No. 9969--Zone Case No. 2255-H (North of 64th and
west of Frankford) - 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
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2255-H; A ZONING CHANGE FROM C-2A TO GO
ZONING ON LOTS 4 AND 5, SPUR 327 BUSINESS PARK, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on second and final reading
Ordinance No. 9969 as recommended by staff. Motion carried:
7 Yeas; 0 Nays.
( 9.) Ordinance No. 9970--Abandon and close a portion of a 15-foot
alley located in Section 4, Block O, Lubbock County (2701 E.
Broadway).
ORDINANCE NO.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.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on second and final reading
Ordinance No. 9970 as recommended by staff. Motion carried:
7 Yeas; 0 Nays.
(10.) Ordinance No. 9971--Establishing a non-discriminatory
procedure for granting telecommunications franchises for use
of public rights of way within the City of Lubbock.
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City Council Meeting
February 13, 1997
Page 82
ORDINANCE NO.9971
AN ORDINANCE OF THE CITY OF LUBBOCK RELATING TO THE
ESTABLISHMENT OF A NON-DISCRIMINATORY PROCEDURE FOR GRANTING
FRANCHISES FOR USE OF PUBLIC RIGHTS -OF -WAY TO PROVIDE
TELECOMMUNICATIONS SERVICES WITHIN THE CITY; PRESCRIBING
UNIFORM TERMS AND CONDITIONS CONCERNING USE OF CITY PROPERTY
AND PUBLIC RIGHTS -OF -WAY BY TELECOMMUNICATIONS FRANCHISEES;
AND PRESCRIBING THE AMOUNT AND METHOD OF COMPENSATION TO BE
PAID THE CITY FOR THE USE OF PUBLIC RIGHTS -OF -WAY TO PROVIDE
TELECOMMUNICATION SERVICES WITHIN THE CITY.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on second and final reading
Ordinance No. 9971 as recommended by staff. Motion carried:
7 Yeas; 0 Nays.
(11.) Consider Ordinance No. 9972 abandoning and closing a
portion of a 15-foot alley located in Block 3, A. J. Coleman
Addition to the (405 N. University Avenue).
ORDINANCE NO. 9972
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15-
FOOT ALLEY LOCATED IN BLOCK 3, A. J. COLEMAN ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
The City recently acquired some property west of University
Avenue, north of Cornell Street and south of Dartmouth Street for
a fire station. The City is in the process of replatting this land and
as a part of the platting process, a portion of an east -west alley
must be closed. The ordinance closes this alley which will revert
to a utility easement and a new north -south alley will be dedicated
along the west edge of the property. There will be no charge for
this alley closure since the City is the owner.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No.
9972 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution No. 5417 authorizing the Mayor to
execute a dedication deed in connection with the platting of Lot
1, Fire Station #4 Addition (405 N. University Avenue).
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City Council Meeting
February 13, 1997
Page 83
RESOLUTION NO.5417
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 No. 4 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.
Passed by the City Council this 13th day of February 1997.
/s/ Windy Sitton
WINDY SITTON, MAYOR
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
This resolution authorizes the Mayor to execute a dedication deed
for the platting of City -owned property to be known as Lot 1, Fire
Station 44 Addition. This area being platted is located just west of
North University Avenue between Cornell Street and Dartmouth
Street and contains 1.852 acres. This dedication deed will
subdivide this unplatted parcel of land into a platted tract for a new
fire station.
The Right -of -Way Department recommended the execution of this
dedication deed.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution No. 5417 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.) Consider Ordinance No. 9973 abandoning and closing a
portion of drainage easement located in Section 4, Block E,
Lubbock County (7310 Avenue Q).
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City Council Meeting
February 13, 1997
Page 84
ORDINANCE NO.9973
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
DRAINAGE EASEMENT LOCATED IN SECTION 4, BLOCK E, LUBBOCK,
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This ordinance abandons and closes a portion of a 50-foot east -
west easement west of Avenue Q and south of Loop 289 for
building purposes. A new north -south drainage easement will be
dedicated south of this easement area being closed. This closure
has been approved by our Street/Drainage Engineering
Department.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No.
9973 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14.) Consider Resolution No. 5418 approving the plans or
schematics for paving improvements of portions of streets and
alley to be included in an assessment program.
RESOLUTION NO.5418
WHEREAS, the City Council on November 9, 1995, passed Resolution No. 5023
and on January 9, 1997, passed Resolution No. 5388 providing for the improvements of
portions of streets and alleys in the City of Lubbock, Texas, and along the boundaries of
said City, and directing preparation of plans and specifications covering the streets and
alleys as named in said Resolutions; and
WHEREAS, the City Engineer has prepared and filed with the City plans or
schematics and standard specifications for such improvements, and the same have been
examined; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the plans or schematics and standard specifications submitted by the City
Engineer covering improvements contemplated by said Resolutions BE and the same are
hereby approved.
."
City Council Meeting
February 13, 1997
Page 85
Passed by the City Council this 13th day of February 1997.
/s/ Windy Sitton
WINDY SITTON, MAYOR
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
This is the second of five resolutions associated with an assessment
program for the construction of paving improvements as follows:
26th Street from LaSalle Avenue to Kewanee Avenue.
Frankford Avenue from Spur 327 to 50th Street
66th Street from Frankford Avenue to Iola Avenue.
The east -west alley between 68th Street and 69th Street from
Memphis Avenue to 69th Street
The plans for Frankford Avenue have been prepared by TxDOT,
and are available for inspection at their office. The plans or
schematics for the other streets and alley have been prepared by
City staff and are available for inspection in the City Engineer's
office.
Staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution No. 5418 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Consider Resolution No. 5419 authorizing the Mayor to
approve a pre -condition to funding for the loss or misuse of
funds of the State of Texas, Office of the Governor, Criminal
Justice Division, pursuant to the joint application with the City
of Lamesa, for the operation of the South Plains Regional
Narcotics Task Force.
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City Council Meeting
February 13, 1997
Page 86
RESOLUTION NO.5419
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:
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 13th day of February 1997.
/s/ Windy Sitton
WINDY SITTON, MAYOR
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 T. Saluri
Dan T. Saluri, Assistant City Attorney
The State of Texas, Office of the Governor, Criminal Justice
Division now requires grant recipients to provide a resolution from
their governing board a statement that in the event of loss or
misuse of Criminal Justice Division funds, the governing body
assures that the funds will be returned to the Criminal Justice
Division in full.
The Police Department recommended approval of this resolution.
City Council Meeting
February 13, 1997
Page 87
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution No. 5419 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(16.) Consider Resolution No. 5420 authorizing the Mayor to
establish an Economic Development Program that provides for
the use of city owned, leased or operated facilities by state and
federal representatives from the Lubbock area and the South
Plains.
RESOLUTION NO. 5420
WHEREAS, the City Council of the City of Lubbock recognizes the critical role
played in economic development matters for the City of Lubbock and the surrounding
area by state and federal legislators; and
WHEREAS, the City Council recognizes that time is of the essence to our elected
state and federal representatives, especially when the Legislature and the Congress are in
session; and
WHEREAS, the City Council desires to establish an economic development
program to allow the use of property or facilities owned, leased or operated by the City of
Lubbock by issuing a city facilities usage identification card for elected state and federal
representatives in the interest of assisting our elected representatives in their efforts to
represent Lubbock and the surrounding area in the Legislature and in Congress; and
WHEREAS, Section 36.10(a)(7) of the Penal Code specifically provides that
elected public servants may accept such an item from a governmental entity; and
WHEREAS, the governing body of the City of Lubbock is empowered to
establish economic development programs to promote state or local economic
development and to stimulate business and commercial activity in the municipality,
pursuant to authority granted by Section 380.001 of the Texas Local Government Code;
and
WHEREAS, it is the opinion the City Council of the City of Lubbock that the
establishment of this economic development program will be in the public interest and
will serve to promote economic development of Lubbock and the South Plains area;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
The City Council of the City of Lubbock hereby establishes and provides for a
new economic development program for the City of Lubbock to allow the use of property
or facilities owned, leased, or operated by the City of Lubbock by issuing a city facilities
usage identification card to elected state and federal representatives from Lubbock and
the South Plains area. Said program shall be administered by the municipal personnel of
the City of Lubbock employed at various city facilities.
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City Council Meeting
February 13, 1997
Page 88
Passed by the City Council this 13th day of February 1997.
/s/ Windy Sitton
WINDY SITTON, MAYOR
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
The City of Lubbock has established and funded Market Lubbock,
Inc. to provide the major efforts associated with economic
development activities for Lubbock. However, state and federal
laws require council action to establish an economic development
program that specifically provides for the use of city owned, leased
and operated facilities by state and federal representatives.
Staff recommended that the City of Lubbock establish this
economic development program to assist the state and federal
representatives of Lubbock to promote and encourage various
industry and business decision makers to seriously consider
Lubbock and the South Plains area for locating and expanding their
operations and activities.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution No. 5420 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(17.) Consider the price and condition of sale of Parcel Number
15760-22-10, 20 & 30 at 2412, 2414, & 2416 Hickory Avenue in
the Chatman Hill Area.
This is a routine sale of property by the Urban Renewal Agency to
Lubbock Habitat for Humanity, a non-profit organization for
$90.00 ($30.00 per lot). These properties are to be redeveloped
with two new 1,200 square foot, single-family residences 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
City Council Meeting
February 13, 1997
Page 89
proposal was accepted by the URA Board of Commissioners on
September 20, 1994. To date, five homes have been completed.
Staff recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize the sale as recommended by
staff. Motion carried: 7 Yeas; 0 Nays.
(18.) Consider the price and condition of sale of Parcel Number
33500-17-230 at 1004 2nd Place in the Guadalupe Area.
This is a routine sale of property by the Urban Renewal Agency to
Spectrum Construction, Inc., Gary Patton, President, for $400.00.
The property is to be redeveloped with a new 1,650 square foot
single-family residence valued at $60,000. The land is properly
zoned. The proposed sale was approved by the Urban Renewal
Board of Commissioners on January 16, 1996.
Staff recommended approval of the sale.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize the sale as recommended by
staff. Motion carried: 7 Yeas; 0 Nays.
(19.) Consider the price and condition of sale of Parcel Number
77010-4-2 (E. 70') at 713 3rd Street in the Guadalupe Area.
This is a routine sale of a remnant lot by the Urban Renewal
Agency to Kenneth W. Wright; Contractor, for $350.00 for adding
onto existing property. This parcel fronts 3rd Street and contains
only 3,500 square feet (70' X 50') and is not large enough to build.
The only logical purchaser is Mr. Wright, the adjacent property
owner on the south. The proposed sale was approved by the Urban
Renewal Board of Commissioners on January 21, 1997.
Staff recommended approval of the sale.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize the sale as recommended by
staff. Motion carried: 7 Yeas; 0 Nays.
(20.) Consider Resolution No. 5421 designating the Neighborhood
Target Areas for 1997-98 for the Community Development
Program
RESOLUTION NO.5421
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 designation of the
Neighborhood Target Areas for 1997-98 for the Community Development Program. Said
Designation is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
City Council Meeting
February 13, 1997
Page 90
Passed by the City Council this 13th day of February 1997.
/s/ Windy Sitton
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
of Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
In 1993, the City Council set goals regarding the targeting of
neighborhoods to accomplish a focused renovation of blighted
areas of the community (particularly those eligible under
entitlement funding). The idea was that concentrating on a few
areas would yield more visible results over time. Targeting means
that most of the Community Development Block Grant (CDBG),
Emergency Shelter Grant (ESG), and the HOME Investment
Partnership Program (HOME) funds are used in the areas chosen.
However, targeting does not mean the exclusion of eligible
neighborhoods. In fiscal year 1994-1995, the City Council
selected Arnett Benson and Chatman Hill as the areas for targeting
entitlement dollars. In fiscal year 1995-96, the City Council
selected Arnett Benson, Chatman Hill, and Chris Harwell for
substantial funding. In fiscal year 1996-97, the target
neighborhoods are Arnett Benson, Chatman Hill, Chris Harwell,
and Jackson/Mahon neighborhoods.
The Community Development & Services Board met on January
29, 1997 to discuss, reevaluate, and vote on the 1997-98
recommendations for target areas. In keeping with the
Consolidated Plan (five-year strategy), the CDSB decided to
recommended to the City Council that:
Fifteen (CD eligible) neighborhoods continue to participate in
federal funding between 1997-2000.
Seven of those neighborhoods continue to be prioritized
between 1997-2000.
The Harwell, Arnett Benson, Chatman Hill, and Jackson/Mahon
neighborhoods be maintained for substantial funding in 1997-98.
City Council Meeting
February 13, 1997
Page 91
In keeping with the City Council goals set in 1993, the Community
Development/Housing staff continues to further the selection of
areas to prioritize funding. The staff also continues to meet with
other City Departments, Neighborhood Associations, Non -profits,
and private groups in furthering investment into these
neighborhoods.
Staff agrees with the CDSB recommendation and recommended
approval of the resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution No. 5421 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(21.) Consider Resolution No. 5422 authorizing the Mayor to
execute Change Order No. 1 to the Signage and Graphics
contract at the airport.
RESOLUTION NO. 5422
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 Change Order No. 1 to a
contract by and between the City and Lee Lewis Construction, Inc. for signage and
graphics improvements to Lubbock International Airport, 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 13th day of February 1997.
/s/ Windy Sitton
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark N. Earle
Mark N. Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Change Order Number I with Lee Lewis Construction is filed with
Resolution No. 5422.
The Signage and Graphics project at the airport will include the
installation of video flight monitors. This installation will require
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City Council Meeting
February 13, 1997
Page 92
the relocation of two offices that are now occupied by airport
tenants.
Originally, the airport had a tentative agreement with a display
advertising company to fund the relocation costs in exchange for
the additional advertising space that would be created by the
project. The intent was to save federal and local construction
dollars by having someone else pay for this part of the project.
However, once the project was bid, the display advertiser backed
out of the agreement.
The cost for the relocation work is $65,925. This change order
will add that work to the Signage and Graphics Project which was
originally approved by Council in September 1996. A breakdown
of costs and the funding sources for this project are shown below.
FAA
Total Cost
Committed Funding
Uncommitted Available Funds
(22.)
(23.)
City Total
Grant Cost Cost
$1,226,992 $136,333 $1,363,325
$1,233,585 $150,000 $1,383,585
$6,593 $13,667 $20,260
The change has been coordinated with the FAA.
Staff recommended approval of the change order.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution No. 5422 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
Bid #13733--Refuse Truck Bodies (Fleet Services).
Houston Galveston Area Council --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas;
0 Nays
Bid #13759--Distribution Transformers - Annual Pricing
(Electric Distribution).
Cummins Utility Supply --Single Phase Pole Type KVA 10,
Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA
100, Voltage 7200/12470Y, 240/480; Single Phase Pole Type
KVA 167, Voltage 7200/12470Y, 240/480; Single Phase Pole
Type KVA 100, Voltage 7200/12470Y, 277; Single Phase Pole
Type KVA 333, Voltage 7200/12470Y, 2400/4160Y; Three Phase
Padmount KVA 75, Voltage 12470 GY/7200, 208Y/120; Three
Phase Padmount KVA 150, Voltage 12470 GY/7200, 208Y/120;
Three Phase Padmount KVA 225, Voltage 12470 GY/7200,
208Y/120; Three Phase Padmount KVA 300, Voltage 12470
GY/7200, 208Y/120; Three Phase Padmount KVA 500, Voltage
12470 GY/7200, 208Y/120; Three Phase Padmount KVA 750,
Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA
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City Council Meeting
February 13, 1997
Page 93
75, Voltage 12470 GY/7200, 480Y/277; Three Phase Padmount
KVA 150, Voltage 12470 GY/7200, 480Y/277; Three Phase
Padmount KVA 225, Voltage 12470 GY/7200, 480Y/277; Three
Phase Padmount KVA 300, Voltage 12470 GY/7200, 480Y/277;
Three Phase Padmount KVA 500, Voltage 12470 GY/7200,
480Y/277; Three Phase Padmount KVA 750, Voltage 12470
GY/7200, 480Y/277.
Techline, Inc. --Single Phase Pole Type KVA 15, Voltage
7200/12470Y, 120/240; Single Phase Pole Type KVA 25, Voltage
7200/12470Y, 120/240; Single Phase Pole Type KVA 37.5,
Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA
100, Voltage 7200/12470Y, 120/240; Single Phase Pole Type
KVA 333, Voltage 7200/12470Y, 120/240; Single Phase Pole
Type KVA 10, Voltage 7200/12470Y, 240/480; Single Phase Pole
Type KVA 25, Voltage 7200/2470Y, 240/480; Single Phase Pole
Type KVA 37.5, Voltage 7200/12470Y, 240/480; Single Phase
Pole Type KVA 50, Voltage 7200/12470Y, 240/480; Single Phase
Pole Type KVA 75, Voltage 7200/12470Y, 240/480.
Wesco Distribution, Inc. --Single Phase Pole Type KVA 50,
Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 50,
Voltage 7200/12470Y, 277; Single Phase Pole Type KVA 250,
Voltage 7200/12470Y, 277; Single Phase Pole Type KVA 250,
Voltage 7200/12470Y, 2400/4160Y; Single Phase Pole Type KVA
500, Voltage 7200/12470Y, 2400/4160Y; Single Phase Padmount
KVA 75, Voltage 12470 GY/7200, 120/240; Single Phase
Padmount KVA 167, Voltage 12470 GY/7200, 240/120; Three
Phase Padmount KVA 1500, Voltage 12470 GY/7200, 208Y/120;
Three Phase Padmount KVA 1500, Voltage 12470 GY/7200,
480Y/277.
Preferred Sales Agency, Inc. --Single Phase Pole Type KVA 75,
Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA
167, Voltage 7200/12470Y, 120/240; Single Phase Pole Type
KVA 250, Voltage 7200/12470Y, 120/240; Single Phase Pole
Type KVA 500, Voltage 7200/12470Y, 120/240; Single Phase
Pole Type KVA 250, Voltage 7200/12470Y, 240/480; Single
Phase Pole Type KVA 333, Voltage 7200/12470Y, 240/480;
Single Phase Pole Type KVA 500, 0, Voltage 7200/12470Y,
240/480; Single Phase Pole Type KVA 75, Voltage 7200/12470Y,
277; Single Phase Pole Type KVA 167, Voltage 7200/12470Y,
277; Single Phase Pole Type KVA 333, Voltage 7200/12470Y,
277; Single Phase Pole Type KVA 500, Voltage 7200/12470Y,
277; Single Phase Pole Type KVA 167, Voltage 7200/12470Y,
2400/4160Y; Single Phase Padmount KVA 50, Voltage 247
GY/7200, 120/240; Single Phase Padmount KVA 100, Voltage
12470 GY/7200, 240/120; Three Phase Padmount KVA 1000,
Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA
1000, Voltage 12470 GY/7200, 480Y/120.
Temple, Inc. --Single Phase Pole Type KVA 15, Voltage
7200/1240Y, 240/480.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bids meeting
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February 13, 1997
Page 94
specifications as recommended by staff. Motion carried: 7 Yeas;
0 Nays
(24.) Bid #13760--522 Ton Centrifugal Chillers (Culture & Leisure
Services).
Simpson Technical Sales Company, Inc. --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas;
0 Nays
(25.) Bid #13771--Creosote Wood Poles - Annual Pricing (Central
Warehouse).
Thomasson Lumber Company --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas;
0 Nays
(26.) Bid #97003--Self Contained 33 Cubic Yard Trash Compactor
(Aviation).
R & B Bearings & Hydraulics, Inc. --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas;
0 Nays
(27.) Bid #97005--Gas Turbine Repair) (Electric Production).
RESOLUTION NO.5423
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract, attached
herewith, by and between the City of Lubbock and Stewart & Stevenson Technical
Services, Inc., of Houston, Texas, to install and furnish all materials and services as bid
for the Gas Turbine Repair, and any associated documents, which Contract shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
City Council Meeting
February 13, 1997
Page 95
Passed by the City Council this 13th day of February 1997.
/s/ Windy Sitton
WINDY SITTON, MAYOR
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 13th day of February, 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 Stewart & Stevenson Technical Services, Inc. of the City of Houston,
County of Harris, 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 #97005 - GAS TURBINE REPAIR - $260,291.24
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 Meeting
February 13, 1997
Page 96
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/ Jay Wadsworth
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
[0 "91N
Stewart & Stevenson Technical
Services, Inc.
By:/s/ Doug Barr
PRINTED NAME: DOUG BARR
TITLE: Customer Sales Representative
COMPLETE ADDRESS:
Stewart & Stevenson Technical Services,
Inc.
16415 Jacintoport
Houston, Texas 77015
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution No. 5423 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays
(28.) Bid #97009--Opacity Monitors (Electric Production).
United Sciences, Inc. --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays
(29.) Bid #97022--Gas Control & Safety Fuel Valve (Electric
Production).
Woodward Governor Company Turbomachinery Controls --Total
bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays
(30.) 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 J-
5, and to consider ordinance.
a
City Council Meeting
February 13, 1997
Page 97
ORDINANCE NO. 9974
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1893-T; A ZONING CHANGE FROM GO TO C-3
ZONING ON A PORTION OF LAND OUT OF SECTION 2, BLOCK J-5, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 10:53 a.m. Rick
Betenbough appeared on behalf of Betenbough and Co. to present
the zone change from GO to C-3. No one appeared in opposition.
Mayor Sitton closed the hearing at 10:55 a.m.
This case was continued, at the proponent's request, from the last
City Council meeting. 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
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.
City Council Meeting
February 13, 1997
Page 98
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Nelson to pass on first reading Ordinance No.
9974 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(31.) Consider Resolution No. 5424 authorizing the Mayor to
execute Amendment No. 3 to the agreement for engineering
services with Black & Veatch for design phase services
pertaining to Digesters 8 and 9 and related equipment at the
Southeast Water Reclamation Plant.
RESOLUTION NO. 5424
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 Third Amendment to an
Agreement for Engineering Services with Black & Veatch for certain improvements to
the Southeast Water Reclamation Plant and related facilities, attached hereto, 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 detail.
Passed by the City Council this 13th day of February 1997.
/s/ Windy Sitton
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Director, Water
Utilities
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, First Assistant City
Attorney
A copy of the Third Amendment to Agreement for Engineering Services with Black &
Veatch is filed with Resolution No. 5424
When engineering work on the expansion and renovation of the
Southeast Water Reclamation Plant began in 1989, Digesters 8 and
9 were relatively new (having come on line in 1981) and, therefore,
they were not included in the equipment to be scheduled for
demolition or major renovation. About three years ago, Digester 8
began experiencing problems which, despite efforts to correct these
problems, resulted in the failure of this unit and discharge of
sludge into the adjacent stream in February, 1996. This digester,
which provides 40 per cent of the digestion capacity of the
wastewater treatment plant, has now been out of service for a year.
City Council Meeting
February 13, 1997
Page 99
Any further losses in digestion capacity would result in the
inability to treat solids and would likely result in permit violations.
On May 23, 1996, the City Council approved Amendment 2 to the
Black & Veatch engineering contract for the inspection, evaluation,
and technical documents detailing what would be required to
renovate Digesters 8 and 9, along with related equipment.
(Digester 9, while still in service, was included in the engineering
evaluation because it is the same age as Digester 8.) Amendment 2
work has now been completed and renovation requirements have
been identified. It is now time to begin work on the bid
documents.
Amendment 3 provides for engineering services not to exceed
$300,000 plus $20,000 for reimbursable expenses which would be
billed at cost. This contract amendment includes all engineering
work necessary to complete this project (preparation of bid
documents and construction contract administration). The total
project cost is now estimated to be $3.0 million, including
engineering fees.
This rehabilitation project is very critical and of utmost importance
to the efficient operation of the Southeast Water Reclamation
Plant. Because of the limited digestion capacity at the wastewater
plant brought about by the failure of Digester 8, it is extremely
important that design work and construction contracts be awarded
as soon as possible. Since Black & Veatch is already under
contract and thoroughly familiar with the wastewater plant, the
design work could begin immediately. Staff, therefore,
recommended approval of this item.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Nelson moved to authorize the approval of
Resolution No. 5424 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(36.) Consider two appointments to Joint Airport Zoning Board.
The Joint Airport Zoning Board consists of two members
appointed by each of the political subdivisions creating the Board.
This legal entity has two members appointed by the and two
members appointed by the County of Lubbock. There are no term
limits. The two City appointees terms expired in January and are
for consideration at this time . The current roster is attached for
consideration.
The City staff recommended reappointment of both Buddy Barron
and E. Jack Brown. These two current members were on the Board
when the Reese zoning was adopted. Since some action on that
zoning will occur in the next year, it would serve best to have their
experience and memory.
The Appointments Advisory Board recommended these
reappointments but if there are reasons the two are not considered,
they suggest considering Don Sanders, Dudley Faver, and Jerry
King who have indicated interest in this Board.
City Council Meeting
February 13, 1997
Page 100
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Patterson to appoint Don Sanders and Dudley
Faver. Motion carried: 7 Yeas; 0 Nays.
(37.) Confirm reappointment of Robert Massengale to the Lubbock
Emergency Communication District Board of Directors.
Robert Massengale has expressed interest in continuing this role,
and has agreed to serve. The City Council appointed him in the
January 9, 1997 Council meeting.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to reappoint Robert Massengale to the
Lubbock Emergency Communication District Board of Directors.
Motion carried: 7 Yeas; 0 Nays.
11:30 A.M. COUNCIL RECESSES TO EXECUTIVE SESSION
The City Council reconvened at 1:00 p.m. There being no further business or discussion,
motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson
to adjourn the meeting. Motion carried: 7 Yeas; 0 Nays.
WINDY SI O , MAYOR
ATT ST:
ayt7e 1, ity Secretary
Read and approved this �4k day of �� 1997.
WINDY IT N, MAYOR
AT/TeEST:
arncll, City Secretary
100