HomeMy WebLinkAboutMinutes - City Council - Regular - 3/27/1997CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 27,1997
8:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 27th
day of March 1997, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 8:00 A.M.
Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor
Hernandez, Councilmember T. J. Patterson, Councilmember David Nelson,
Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob
Cass, First Assistant City Attorney Don Vandiver representing the City Attorney's
Office, and City Secretary Kaythie Darnell.
Absent: City Attorney Anita Burgess
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); the purchase, exchange, lease, or value of real
property (Culture & Leisure Services, and Fire Department); to
discuss pending or contemplated litigation (Water Utilities); and
personnel matters regarding duties, responsibilities, and/or
appointments to boards.
8:05 A.M. CITY COUNCIL RECESSES TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
(1•) 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)
(2•) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.072 to discuss the purchase,
exchange, lease, or value of real property (Culture & Leisure
Services, and Fire Department).
(3•) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071 to discuss pending or
contemplated litigation (Water Utilities).
City Council Minutes
March 27, 1997
Page 154
(4.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074 (a)(1), to discuss personnel
matters regarding duties, responsibilities, and/or appointments
to .
Appointments Advisory Board
Board of Electrical Examiners
Board of Health
Citizens Traffic Commission
Committee for Women
Community Development & Services Board
Neighborhood Redevelopment Commission
Permit and License Appeal Board
Planning and Zoning Commission
Public Transit Advisory Board
Structural Standards Commission
Zoning Board of Adjustments
9:35 A.M. WORK SESSION CONVENES
Committee Room 103
(5.) Discuss regular agenda items.
Bob Cass deleted Item #10. Kaythie Darnell mentioned correction
of March 13, 1997 minutes concerning BID #97034 reflecting a tie
bid.
(6.) Update on City's successful privatization of Meadowbrook
Golf Course.
(7,) Update of Solid Waste Operations.
10:33 A.M. CITY COUNCIL REGULAR MEETING RECONVENES
City Council Chambers
Mayor Sitton called the meeting to order at 10:33 A.M.
(g,) The Invocation was given by David Langford, Minister of
Quaker Avenue Church of Christ.
(9,) Pledge of Allegiance was given in unison by those in the City
Council Chambers.
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Page 155
BOARD RECOGNITI N
Jim Gomez, David Sowell, Larry Rogers, Jane Anne Stinnett,
Richard Molina, Eric Strong, and Alex Torres received board
certificates for agreeing to serve on various City Council Advisory
Committees. Rhonda Truett and Todd McKee were recognized,
however, they were not in attendance.
CITIZENS COMMENTS
Bill Sowder, Criminal District Attorney, spoke as representative
for the Fourth Corps Program thanking the Mayor and City
Council for their support.
Cecil Puryear spoke against City's proposed purchase of the Depot
Restaurant building and recommending that Buddy Holly
memorabilia be placed in the Civic Center. Mr. Puryear spoke of
his concern for citizen input with such purchases.
Ray Needham from England has visited Lubbock on 29 separate
occasions as of last year as a fan of Buddy Holly. Mr. Needham
encouraged tourism to be marketed for economic development.
Mr. Needham mentioned the development of Holly International
which will be unveiled in June.
Ken Phillips stated that he thought the purchase of the Depot
building could be a hasty decision. Mr. Phillips encouraged the
City to consider all methods of payment when selling tickets at the
Lubbock Auditorium. Mr. Phillips addressed the need for quality
repair, referencing the lack of repair at the intersection of 34th
Street and Quaker Avenue.
Mayor Sitton noted that the citizens could be assured that all
aspects of an acquisition were researched. The Mayor assured
citizens that the staff who negotiate such acquisitions are extremely
educated and experienced in such negotiations and acquisitions.
Annette Moore expressed her thanks to the Mayor for the support
of "Operation Clean Hands".
Sue Poteet expressed concern for the physically disabled
population for such inaccessible structures as the Depot. Mrs.
Poteet noted her preference for contemporary structures
complementing existing structures.
Josh Brockenbech apologized for his strong statement to the City
Council at the last council meeting. Mr. Brockenbech noted that
he had not heard from the Municipal Judge.
Eddie Price Richard, Jr., who is the Managing Director of the
Southwest Digest which is the most read publication by the black
community, noted his concern for his integrity being challenged
with inaccurate facts at the previous council meeting.
(10.) Presentation of a Proclamation declaring April 7-11, 1997 as
Community Development Week.
This item was deleted from the agenda.
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(11.) Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to approve the minutes of the March
13, 1997, Regular City Council Meeting as written with the
following correction:
(31.) BID #97034 -- Office Furniture - Annual Pricing (Various
Departments). There was a tie bid from Hesters/McGlaun and
Baker Company. Mayor Sitton drew the bid of Hesters/McGlaun
from an envelope provided by Purchasing Department. Motion
carried: 7 Yeas, 0 Nays.
(12.) Ordinance No. 9979--Abandoning and closing a portion of
82nd Street located in Section 13, Block E-2, Lubbock County
(3001 82nd Street)
ORDINANCE NO.9979
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 82ND
STREET LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass on second and final reading
Ordinance No. 9979 as recommended by staff. Motion carried: 7
Yeas, 0 Nays.
(13.) Consider Resolution No. 5445 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. 5445
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:
A tract of land out of Section Thirty -Three (33), Block A, Lubbock
County, Texas being further described as follows:
BEGINNING at a 1/2" 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);
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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 88°10'08" 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.
SECTION 3. THAT Resolution No. 5394, dated January 23, 1997, is hereby
repealed.
Passed by the City Council this 27th day of March 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/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney/Office Practice Section
_ On January 23, 1997 the City Council approved $54,730 through
Resolution No. 5394 as the offer to the Cone Sisters Trust for 54
acres of land adjacent to the existing landfill to be used as cover
material. The legal description in this original resolution omitted
the beginning sentence which stated the exact block and section in
which this tract of land is located. Our Legal Department has
requested that a new resolution be submitted to the Council for
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March 27, 1997
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approval with the Block and Section named in the first sentence of
the legal description since this acquisition is headed for
condemnation.
The Right -of -Way Department recommended the approval of this
resolution correcting Resolution No. 5394.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 5445 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(14.) Consider Resolution No. 5446 authorizing the Mayor to
execute a street -use license with Kevin and Guy Atkins (9609
Uxbridge Avenue).
RESOLUTION NO. 5446
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
Kevin and Gay Atkins, 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 27th day of March 1997.
Is/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
Is/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
Is/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Street -Use License is filed with Resolution 5446.
This street -use license is for a fence and storage building
encroachment in the north right-of-way of 98th Street, just east of
Uxbridge Avenue. This fence and storage building encroach into
98th Street for approximately 304 square feet. The charge for this
street -use license will be $106.40 per year. This was calculated by
taking the 304 square feet times the average lot square foot price in
this area of Lakeridge times 10 per cent from the street -use license
formula for a payment due the city of $106.40. This license is for
20 years and the first five year term amount due is $532.00.
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The Right -of -Way Department recommended the approval of this
street -use license.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 5446 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(15.) Consider Resolution No. 5447 authorizing the Mayor to
execute a contract with Contract Asset Management, Inc. for
professional services.
RESOLUTION NO. 5447
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 by and between the City of Lubbock and Contract Asset Management, Inc.
(CAM,I), attached herewith, and any associated documents, which Contract shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 27th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Managing
Director of Electric Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Professional Services Contract is filed with Resolution 5447.
LP&L has maintained a sales department for many years. This
department has been very successful. LP&L has increased its
customer base from 32,000 in 1980 to 51,836 in 1997.
Although Lubbock Power and Light has managed to obtain 61.2
per cent of the electric customers in Lubbock, most of our
customer base is residential. Our performance in acquiring new
commercial accounts has been weak. This is especially true with
regional and national companies, i.e., McDonald's, Sonic, Lowe's,
Home Depot, Hampton Inn, Outback Steakhouse, etc.
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LP&L is submitting this proposed contract with Contract Asset
Management, Inc., (CAM,I) a power broker and sales consultant,
to try to increase commercial business customers. CAM,I is a
corporation formed by a former SPS marketing person, Sharon
Curry, who has been instrumental in the disparity in new
commercial business between the two companies.
CAM,I is responsible for all its expenses and will be compensated
on a straight commission basis. If CAM,I does not perform, there
will be no cost to LP&L. The commission will be based on profit
margin, load factor and customer retention. An example of the
application of this proposed contract to a typical commercial
prospect is as follows:
EXAMPLE: Payback Profit Commission Commission Commission
1 st Year 2nd Year 3rd Year
5.7 Mo. $4,753 $2,709 $1,129 $1,129
Staff feel that this contract is a positive move to try to increase our
commercial revenues and continue to be the "home owned
advantage" for the City. Staff highly recommended that the City
Council approve this contract.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 5447 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(16.) Consider Resolution No. 5448 authorizing the Mayor to accept
a grant from the State Energy Conservation Office for the
Solar Project.
RESOLUTION NO. 5448
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 by and
between the City of Lubbock and the State Energy Conservation Office of the General
Services Commission, attached hereto and which shall be spread upon the minutes of the
Council and shall constitute and be a part of this Resolution as if fully copied herein in
detail.
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Page 161
Passed by the City Council this 27th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Director of
Electric Utilities
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Contract Agreement is filed with Resolution 5448.
On November 7, the City Council was briefed on a proposed solar
power project to be constructed and operated by LP&L. This item
concerns a $75,000 grant from the State of Texas and is only the
first of several elements to accomplish prior to having the project
put together.
Solar power is rapidly becoming a very important component for
providing energy in the future. Solar energy converted to electricity
through photovoltaic technology is being used worldwide as the
most cost efficient source for electricity for many specific
applications.
LP&L has been looking for some time for an opportunity to gain
some experience in photovoltaic technology. Staff believe that this
opportunity has presented itself through the Green Power Project
that LP&L is proposing.
The Green Power Project is a partnership of several government,
non-profit and private sector entities. The current participants are
LP&L, Breedlove Dehydration Plant, ENTECH, the State of
Texas, 3M Corporation, Lubbock Teamsters Union, City of Austin,
and Texas Tech. Additional participants being considered are the
USDA and the U.S. Department of Energy.
This project is to salvage a portion of a solar power project that
currently is installed on the roof of the parking facility of the 3M
Corporation facility in Austin, Texas. The project consists of four
rows of sixty solar collectors which are proposed to be relocated to
a site east of the Breedlove Dehydration Plant in Lubbock. The
collectors, when reinstalled, will cover approximately one acre of
land. The electricity will be taken into LP&L's grid and will be
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March 27, 1997
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credited partially to the Breedlove Dehydration Plant electricity
charges.
The 3M Corporation and the City of Austin have decided to
remove the project because of damage that has occurred to about
two-thirds of the project. The damage was inflicted on the
equipment by a paint contractor who was engaged to paint the
framework and inadvertently damaged the collectors in the
sandblasting and painting process. There are currently twelve rows
of collectors and staff are proposing to relocate four of the rows of
collectors.
The current estimated budget is $425,000.
The approximate participant shares are as follows:
LP&L (Cash) $75,000
LP&L (In -Kind Labor & Equip) $89,000
State of Texas Energy Conservation Office (Cash) $75,000
Breedlove (Site) $ 5,000
Breedlove (Transportation -Teamster Union) $35,000
3M and City of Austin (Cash) $75,000
Texas Tech (In -Kind Monitoring and Reporting) $20,000
Additional Needed $51,000
TOTAL i4ZLQ0A
ENTECH, the company that originally manufactured the project, is
providing the planning, engineering and supervision of the project.
The Green Power Project will produce 80 kW at maximum output.
It is estimated that it will produce 145,000 kWh per year. The
Breedlove Plant will be credited with approximately $7,000 on
their electricity charges annually.
The benefit to LP&L will be primarily in research and training.
There is benefit to LP&L in that the Green Power Project will be
producing its highest output during the time that LP&L is in the
most need of the energy, during the hottest times of the summer.
This is the first element of several to be completed prior to the start
of the project. Staff believe this project will benefit LP&L in
research and as a power source, therefore, staff recommended
approval of the resolution. Note that receipt of the grant does not,
in and of itself, commit the City to implement the project.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 5448 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(17.) Consider Resolution No. 5449 authorizing the Mayor to
execute an Assignment of Franchise from Cox Cable Lubbock
to CoxCom, Inc.
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RESOLUTION NO.5449
WHEREAS, the City of Lubbock, a home rule municipal corporation of the State
of Texas, has authority to grant non-exclusive franchises under applicable provisions of
law pursuant to its authority to regulate and control the use of public streets, alleys and
rights -of -way; and
WHEREAS, the City of Lubbock has heretofore granted a franchise by Ordinance
No. 8573 to Transvideo Corporation, a subsidiary of Cox Communications, Inc., doing
business as Cox Cable Lubbock, ("Franchisee"); and
WHEREAS, "Franchisee" desires to assign said City of Lubbock franchise to
CoxCom, Inc., which also is a subsidiary of Cox Communications, Inc., doing business
as Cox Communications as part of a process by which Cox Cable, Inc., is consolidating
its many subsidiaries into a smaller number of subsidiaries to improve operational
efficiency, reduce administrative burdens and to simplify Cox Cable, Inc.'s
organizational structure; and
WHEREAS, said consolidation will result in the Franchisee being merged with
and into CoxCom, Inc., and CoxCom, Inc., will be the surviving corporation; and
WHEREAS, CoxCom, Inc., desires to obtain said franchise and makes the
commitments hereunder in consideration of the grant of authority by the City to make use
of public streets, alleys and rights -of -way; and
WHEREAS, the City Council finds the assignment to be in the best interest of the
citizens of the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. The City of Lubbock hereby consents to the assignment of the
franchise issued by Ordinance No. 8573 to CoxCom, Inc., subject to the terms contained
herein.
SECTION 2. CoxCom, Inc., shall, within thirty (30) days from the date of passage
of this Resolution by the City Council file with the City Secretary of the City of Lubbock
an executed acceptance of the franchise signed by persons that are duly authorized by
CoxCom, Inc., to sign and make such an acceptance, in the following form:
The Honorable Mayor and City Council of the City of Lubbock:
CoxCom, Inc., for themselves, their successors and assigns, hereby accepts Cable
Television Ordinance No. 8573 and any amendments thereto and hereby agrees to be
fully bound by all of its terms and provisions hereafter.
CoxCom, Inc.
SECTION 3. A Transfer of Franchise in substantially the same form as is attached
hereto as Exhibit A shall be provided to the substituted franchise holder upon receipt of
the written acceptance of the franchise.
SECTION 4. Should any section, paragraph, sentence, clause, phrase, or word of
this Resolution be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
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Passed by the City Council this 27th day of March 1997.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte'
Debra B. Forte', First Assistant
City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ASSIGNMENT OF FRANCHISE
Pursuant to Resolution No. 5449 of the City of Lubbock, Texas, enacted on
March 27, 1997, the City Council of the City of Lubbock hereby authorizes the T
assignment of the franchise, right and privilege granted in Ordinance No. 8573 to
Transvideo Corporation, a subsidiary of Cox Communications, Inc., to CoxCom, Inc. a
subsidiary of Cox Communications, Inc., and each reference in said Ordinance to the
Franchise Holder shall as of the date of this Transfer of Franchise be deemed a reference
to CoxCom, Inc. Ordinance No. 8573 remains in full force and effect and this transfer is
expressly made subordinate to the terms and conditions of said Franchise Ordinance, and
a copy of this Transfer of Franchise shall be filed with said Ordinance in the official
records of the City of Lubbock.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
Cox Communications is consolidating its many subsidiaries into a
smaller number of subsidiaries to improve operational efficiency,
reduce administrative burdens and simplify their organizational
structure. This consolidation will result in Cox Cable being
merged into CoxCom, Inc., with CoxCom being the surviving
corporation. They have requested that the existing franchise
agreement with the City of Lubbock be assigned to CoxCom, Inc.
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CoxCom has agreed to be fully bound by the terms and provisions
of the franchise.
Staff recommended approval of the Assignment of Franchise.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 5449 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(18.) Consider Resolution No. 5450 authorizing the Mayor to
execute a contract with the Texas Department of Health to
provide HIV counseling services for prevention and education.
RE OLUTION NO. 5450
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract for HIV
prevention activities, attached herewith, by and between the City of Lubbock and Texas
Department of Health, and any associated documents, which Contract shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 27th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Strange
Mary Strange, Medical
Services Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Public Health Services Contract is filed with Resolution 5450.
This contract with the Texas Department of Health (TDH) comes
before the City Council annually. The contract includes the
collaborative efforts among the Health Department, South Plains
AIDS Resource Center, Catholic Family Services, and Mental
Health Mental Retardation Center to provide HIV education,
prevention, testing, and counseling. Each agency has a unique role
in providing these services, not only to Lubbock residents, but to
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the 15 southern counties that make up Region 1 of TDH. All
agencies are needed to provide comprehensive, continuous care for
persons at risk or who are diagnosed as HIV positive. The City
Health Department provides testing and counseling services, both
pre -test and post-test, with heavy emphasis placed on education
and preventive measures.
With the focus of HIV no longer being solely on the homosexual
population, the counseling for education and preventive measures
is increasing in the heterosexual population. The City Health
Department targets various types of persons who are at risk for
HIV infection, some of whom include: homosexuals,
heterosexuals, teens, college students, incarcerated persons (both
teen and adults), gang members, etc. Through these targeted
groups education and preventive measure are presented. Due to
our educational efforts the incidence of HIV/AIDS has not
increased as rapidly as in other parts of the country.
The total attachment amount is $41,933, which covers complete
cost of travel, supplies and brochures, 98 per cent of salary and
fringe benefits, and $1,600 in indirect (administrative) costs.
Without the Texas Department of Health contract, the City of
Lubbock Health Department would not be able to fulfill a segment
of the prevention aspect of the Core Missions of Public Health.
Therefore, staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 5450 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(19.) Bid #13722--Lubbock Power & Light South Substation
Landscaping and authorize same (Electric Distribution).
RESOLUTION :TO.5451
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 Service Contract by and
between the City of Lubbock and WARDROUP & ASSOCIATES, INC., of Lubbock,
Texas, to install and furnish all materials and services as bid for the LP&L SOUTH
SUBSTATION LANDSCAPING., 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 in detail.
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Passed by the City Council this 27th day of March 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 27th day of March, 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 Wardroup & Associates, of the City of Lubbock, County of Lubbock, and
the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #13772 - LP&L SUBSTATION LANDSCAPING - $47,592.86
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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Page168
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/ Wayne Hicks
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Wardroup & Associates
By: /s/ Dennis W. Wardroup
PRINTED NAME: Dennis W. Wardroup
TITLE: President
COMPLETE ADDRESS:
Wardroup & Associates
P. O. Box 6999
Lubbock, Texas 79493
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to approve Resolution No. 5451 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(20.) Bid #97021--Mail Opening & Extraction System (LP&L Utility
Billing).
Processing & Storage Technologies, Inc. - Total bid
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(21.) Bid #97037--Utility Bodies & Tailgate Lifts (Fleet Services).
Pick Up Pals, Inc.; 3 EA Tip -Top Utility Body per Spec #708, 2
EA Utility Body per Spec #713, 1 EA Tip -Top Utility Body per
Spec #766, 4 EA Utility Body per Spec #768
J & B Trailers & Equipment, Inc. 2 EA Tailgate Lift per Spec
#763
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(22.) Bid #97044--Contract Turf Maintenance (Culture & Leisure
Services).
Sport Lawn Care --Contract Turf Maintenance -Group 1
City Council Minutes
March 27, 1997
Page 169
West Texas Maintenance, Inc. --Contract Turf Maintenance -
Group 6, Group 8, Group 9-A, Peak Season and Group 9-A, Off
Season.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(23.) Bid #97048--Construction of Fire Station 4 Facility and
authorize same (Building Services).
RESOLUTION NO.5452
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 Service Contract by and
between the City of Lubbock and PHARR & COMPANY, of Lubbock, Texas, to install
and furnish all materials and services as bid for CONSTRUCTION OF FIRE STATION
#4 FACILITY, 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 in detail.
Passed by the City Council this 27th day of March 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 27th day of March, 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 Pharr & Company, of the City of Lubbock, County of Lubbock, and the
State of Texas, herein termed CONTRACTOR.
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City Council Minutes
March 27, 1997
Page 170
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 #97048 - CONSTRUCTION OF FIRE STATION #4 FACILITY - $719,498.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/ Jackie Norrell
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Pharr & Company
By: /s/ Jimmy R. Pharr
PRINTED NAME: Jimmy R. Phan
TITLE: President
COMPLETE ADDRESS:
Phan & Company
P. O. Box 2791
Lubbock, Texas 79408
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to approve Resolution No. 5452 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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March 27, 1997
Page 171
(24.) Bid #97049--Fertilizer (Parks & Recreation).
Kitten Fertilizer & Supply:
106 TN Ammonium Sulfate 21-0-0, applied; 2400 LB Ammonium
Sulfate 21-0-0, applied; 118 TN 16-4-12+2% Iron, w/30%
Nitrogen, Sulfur Coated; 13 TN 16-4-12+2% Iron w/30%
Nitrogen, Poly Coated, Applied; 3,000 LB 16-4-12+2% Iron
w/30% Nitrogen, Sulfur Coated, Applied; 62 TN 16-4-12+2% Iron
w/30% Nitrogen, Sulfur coated, Applied; 13 TN 16-4-12+2% Iron
w/30% Nitrogen, Poly coated, Applied; 118 TN 16-4-12+2% Iron
w/30% Nitrogen, Sulfur Coated, Applied; 13 TN 16-4-12+2% Iron
w/30% Nitrogen, Poly Coated, Applied; 3,000 LB 16-4-12+2%
Nitrogen, Sulfur Coated, Applied.
Central Garden & Pet Company
250 Bags 16-4-12+2% Iron
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
Staff recommended award of these bids to the bidder as indicated
on the tabsheet.
PUBLIC HEARINGS
(25.) Ordinance No. 9980--ZONE CASE NO. 1893-U (North of 4th
Street and west of Frankford Avenue): Hold a public hearing
to consider request of Ken Flagg (for McDougal Construction)
for zoning change from C-3 to A-2 with A-1 development
standards for apartments on 6,490 acres of land out of Section
2, Block J-5, and to consider ordinance.
ORDINANCE N0.9980
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1893-U; A ZONING CHANGE FROM C-3 TO A-2
ZONING WITH A-1 DEVELOPMENT STANDARDS FOR APARTMENTS ON 6.490
ACRES 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 11:18 a.m. Ken Flagg
appeared on behalf of McDougal Construction to present the zone
change from C-3 to A-2 with A-1 development standards for
apartments. No one appeared in opposition. Mayor Sitton closed
the hearing at 11:22 a.m.
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Page 172
Randy Henson, Senior Planner, presented staff comments. In a
shuffle of location for commercial and apartment districts
contained in the original Planned Unit Development for Shadow
Hills, this request will change a C-3 tract to A-2, providing for
three-story units and otherwise using A-1 development standards.
The tract to the west was approved from GO to C-3 last month.
Adjacent land uses:
North - zoned A-1, developed as garden homes
South - church
East - apartments
West - vacant commercial
The proposal is filed as A-2 to accommodate the three-story
structures with a condition to use A-1 development standards.
The project is consistent with the Comprehensive Land Use Plan
and zoning policies. No public opposition was expressed during
the Planning and Zoning meeting. The project is adjacent to 4th
Street which will be capable of handling the added traffic.
The Planning and Zoning Commission recommended approval of
the request subject to the following condition:
Subject to A-1 development standards with the
exception that three-story construction shall be
allowed.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9980
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(26.) Ordinance No. 9981--ZONE CASE NO. 2318-B (South of 66th
Street and west of Frankford Avenue): Hold a public hearing
to consider request of Ken Flagg (for McDougal Construction)
for zoning change from C-2 and R-1 to A-1 on 5.086 tract of
land out of Section 29, Block A-K, and to consider ordinance.
ORDINANCE NO. 9981
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2318-13; A ZONING CHANGE FROM C-2 and R-1 TO
A-1 ZONING ON 5,086 TRACT OF LAND OUT OF SECTION 29, BLOCK A-K,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:26 a.m. Ken Flagg
appeared on behalf of McDougal Construction to present the zone
change from C-2 and R-1 to A-1. Councilmember Hernandez
asked if homeowners purchased with the knowledge that
something rather than residential would go in. Truett Craft also
appeared on behalf of the zone change and stated that he felt
strongly for the project. Clay Pritchett appeared in opposition. Mr.
Pritchett spoke his concerns as a homeowner which consisted of
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City Council Minutes
March 27, 1997
Page 173
the direct view the second -level occupants would have into his
backyard. Councilmember Hernandez noted that he was hopeful
that all concerns of the Neighborhood Association had been
addressed. Mr. Flagg noted that several were in attendance;
however, they chose not to speak publicly. Mayor Sitton closed the
hearing at 11:52 a.m.
Randy Henson, Senior Planner, presented staff comments. The
request is to accommodate an apartment complex. Adjacent land
uses:
North - heavy commercial
South - zoned A-1, part is an apartment complex and part
is developed as garden homes and townhomes
East - single family across Frankford Avenue
West - apartments
The request is reasonably consistent with the Comprehensive Land
Use Plan and zoning policies. This parcel is actually commercial
on the plan, and buffered on the west and south by A-1 zoning.
Most of the opposition expressed was from owners of garden
homes built in the A-1 zone south of 67th. Garden homes are in a
permitted use in the A-1 District. The project is adjacent to
Frankford Avenue, which is a thoroughfare, and 66th Street (a
collector). The additional traffic is not any greater than expected
and should not affect the thoroughfare system. 67th Street is a 60
foot R-2 street designed for heavier traffic adjacent to shopping
centers and apartments. The site plan indicates that a request will
be made to close Genoa between 66th and 67th Streets. Traffic
Engineering has scheduled traffic counts on Genoa to determine if
closing the street will have any negative impact.
The Planning Commission questioned if a security fence is
proposed and suggested that the proponent have a more definitive
plan for discussion at the Council meeting. Also, the Commission
expressed sympathy with neighbor concerns but questioned why
they had purchased homes close to property that was obviously
going to be either commercial or apartments. No adequate
response was made.
The Planning and Zoning Commission recommended approval of
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. Notice
shall be mailed prior to the hearing.
With the proposed condition (unless a detailed site plan is
reviewed and adopted during the Council meeting) the staff
supports the recommendation of the Planning and Zoning
Commission.
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March 27, 1997
Page 174
Councilmember Neugebauer ask if a decision was required today.
Mr. Henson noted that McDougal was requesting because the
Planning and Zoning committee only meets once a month which
could delay construction by 30 days.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No.
9981 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. _
Councilmember Neugebauer stepped away from the dais.
(27.) Ordinance No. 9982--ZONE CASE NO. 2790 (West of Fulton
Avenue and south of 4th Street): Hold a public hearing to
consider request of Rick Betenbough for zoning change from
R-1 to R-1 Specific Use for garden homes on a portion of land
out of Section 9, Block J-5, and to consider ordinance.
ORDINANCE NO.9982
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2790; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A POTION OF LAND OUT OF
SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 12:00 noon. Rick
Betenbough appeared to present the zone change from R-1 to R-1
Specific Use for Garden Homes. No one appeared in opposition.
Mayor Sitton closed the hearing at 12:03 p.m.
Randy Henson, Senior Planner, presented staff comments. The
parcel is a remnant of the Revier Farms area where development
stalled about 15 years ago. Adjacent land uses:
North - two churches
South - single family and a church
East - townhomes and vacant R-1
West - single family
Garden homes, which are a style of single family homes, are
consistent with both the Comprehensive Land Use Plan and zoning
policies. The project should have no adverse impact on the
thoroughfare system.
The Planning and Zoning Commission recommended approval of
the request.
The staff supports the recommendation of the Planning and Zoning
Commission.
Councilmember Hernandez ask if notices had been mailed, and Mr.
Henson responded in the affirmative.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass on first reading Ordinance No.
9982 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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March 27, 1997
Page175
(28.) Ordinance No. 9983--ZONE CASE NO. 2791 (South of 90th
Street and east of Elgin Avenue): Hold a public hearing to
consider request of Rick Betenbough for zoning change from
R-1 to R-1 Specific Use for garden homes on a portion of land
out of Section 13, Block E-2, and to consider ordinance.
ORDINANCE NO.9983
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2791; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A PORTION OF LAND OUT
OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 12:04 p.m. Rick
Betenbough appeared to present the zone change from R-1 to R-1
Specific Use for garden homes. No one appeared in opposition.
Councilmember Hernandez questioned the letter of opposition, and
Mr. Betenbough was not aware of the letter. The garden homes
will be sold and not leased or rented. Mayor Sitton closed the
hearing at 12:06 a.m.
Randy Henson, Senior Planner, presented staff comments. The
proponent wishes the south side of 90th Street to match the
existing garden home zoning on the north side. Adjacent land
uses:
North - vacant - R-1
South - single family
East - park
West - single family
The request is consistent with both the Comprehensive Land Use
Plan and zoning policies. The project will have no adverse impact
on the thoroughfare system.
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 Patterson, seconded by
Councilmember Nelson to pass on first reading Ordinance No.
9983 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(29•) Consider a resolution authorizing the Right -of -Way
Department to make an offer to Ronnie Thompson for a tract
of land in Block 232, Original Town Addition to the City of
Lubbock (1801 Avenue G).
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to take no action. Motion carried: 7 Yeas, 0
Nays.
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March 27, 1997
Page 176
(30.) Consider Resolution No. 5453 giving Notice of Intent to enter
into a tax abatement agreement with Purina Mills, Inc.
RESOLUTION NO. 5453
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with Purina Mills, Inc.; and
WHEREAS, V.T.C.A., Tax Code Section 312.2041 requires notice of the intent
of the City Council to be given to the presiding officer of the governing body of each
taxing unit in which the property to be subject to the Tax Abatement Agreement is
located; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of
the City Council to enter into a Tax Abatement Agreement with Purina Mills, Inc., said
notice to be given to the presiding officers of each governing body of each taxing unit
having jurisdiction in assessing taxes on property located at 201 E. Municipal Drive in
the City of Lubbock, Lubbock County, Texas, and further described on Exhibit "B"
attached to this Resolution.
Passed by the City Council this 27th day of March 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', First Assistant
City Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
Copies of Exhibits "A", `B", and "C" ("C" being the Purina Mills Agreement) are filed
with Resolution 5453.
Staff has received a request from Purina Mills, Inc. for industrial
tax abatement in the North Enterprise Zone. Purina Mills is
planning to replace the existing plant with a larger, modern, state-
of -the -art facility to better meet the demands of Purina's growing
customer base.
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March 27, 1997
Page177
Purina Mills plans to invest $15 million in this new facility. The
breakdown will be $6.5 million for the new plant and $8.5 million
for new equipment and machinery. Once the new plant is
constructed, the old plant will be demolished. The current facility
has an assessed value of approximately $575,000.
Purina Mills has an annual average of 65 employees. During the
winter, their peak time, they have approximately 71 employees.
During the summer months the employment is less, since the
demand for their product is less. The company does not plan to
increase their employment with the upgrade of the new facility.
They have requested tax abatement on the basis of retention of the
existing average of 65 jobs.
The Guidelines and Criteria governing tax abatement for all taxing
units approved by the City Council and Lubbock County require a
minimum investment of $1 million dollars and the creation of ten
new jobs. Since Purina Mills is not planning on increasing their
employment, they do not meet the minimum requirements for tax
abatement according to the guidelines. However, the guidelines do
provide for the City Council, upon the affirmative vote of three -
fourths of its members, to vary any of the requirements when it is
demonstrated by the applicant for tax abatement that variation is in
the best interest of the Affected Jurisdiction and will enhance the
economic development of the Affected Jurisdiction. Purina Mills
is seeking a variance of the job creation requirement based on the
following factors:
The current facility has outlived its economic viability. Without
this investment, the company would cease operations in Lubbock
within three years, removing $3 million from the tax base and a 65
person, $2.1 million annual payroll from the economy. The scope
of the project greatly exceeds the minimum investment criteria
governing tax abatement.
The total net investment, total investment minus taxable value of
old plant and equipment, will be approximately $14.5 million. The
average annual amount of the City tax abatement would be
approximately $70,000, with depreciation built in. The total
amount for the City of Lubbock over the life of the contract would
be approximately $690,276. The average annual amount of the
County tax abatement would be approximately $33,000. The total
amount for Lubbock County over the life of the contract would be
approximately $330,000.
A twenty year cost/benefit analysis was performed on this project
with the following results:
Net Community Wide benefit of this project: $216,913,584
LISD will collect property tax over 20 years: $139,417,225
Retention of an average 65 jobs: Est. annual payroll: $2,140,559
Impact of annual payroll: $9,607,470
New Investment in North Enterprise Zone: $15,000,000
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March 27, 1997
Page178
Construction impact: Actual construction:
Impact of construction:
Utility Usage: approx. annual cost:
approx. increase in cost with expansion:
Cost/Benefit: The benefit far exceeds the cost.
See attached schedule.
$6,500,000
$15,044,250
$253,545
$49,931
The project will add $14.5 million in net new value to the tax base
in the North Enterprise Zone and will result in the retention of an
average 65 existing jobs, with a payroll of approximately $2.1
million.
Under the current guidelines, Purina Mills does not meet the
minimum job creation requirement, but based on the attached
cost/benefit analysis, staff recommended that this requirement be
waived for this project.
Staff concurs with Market Lubbock, Inc.'s recommendation for
approval of the tax abatement at 100 per cent for a period of ten
years. (See attached memo from Market Lubbock, Inc.)
Staff member Debra Forte', (First Assistant City Manager),
Stephen Morath and Cheryl Brock representing Market Lubbock,
Inc., and Dr. Ted Jackson representing Purina Mills were in
attendance.
Mr. Morath noted that the benefits far outweighed what will be
given up. Purina Mills has been in business since 1941 and
encouraged each abatement project be assessed in its own merit.
Councilmember Hernandez questioned establishing the atmosphere
whereby deviations were allowed. Hernandez noted the need to
reassess the Abatement guidelines. Councilmember Hernandez
asked that the reassessment be initiated then ask for Purina to
return with request.
Mr. Morath noted the need to act quickly for Purina's benefit.
Bob Cass noted that the guidelines would be re-evaluated in
September.
Dr. Jackson stated that Purina's Board had approved the figures
that included the abatement and that they needed to move forward;
the time frame was critical. The facility has had no repairs for the
last 2-3 years. During the last 5 years, Purina has added 15 jobs;
however, they are reluctant to assure additional jobs at this time.
Councilmember Hernandez asked if Purina had any intent to leave
Lubbock. Dr. Jackson noted that there were other options.
Councilmember Hernandez asked about a payback clause. Cheryl
Brock responded that such a provision existed in that should the
employment level at Purina drop below 65 (current level) the
abatement would cease.
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City Council Minutes
March 27, 1997
Page 179
Councilmember Patterson expressed support for the abatement
based upon the established history of Purina.
Councilmember Hernandez noted that Market Lubbock, Inc. was
charged with creating good paying jobs. Ms. Brock responded by
noting that the average of the low paying positions was $23,000.
Ms. Brock noted that the contract would be audited and monitored.
Councilmember Nelson asked if Purina was being courted by other
cities. Dr. Jackson noted that all other cities were within a 75-mile
radius of Lubbock.
Councilmember Neugebauer noted his struggle in considering the
abatement because the guidelines state that abatement was tied to
jobs. Councilmember Neugebauer stated that Council needed to be
fair, equitable and consistent. He further noted that state
legislature's intent was to allow municipalities to compete with
other states; however, the law is pitting one city against another.
Councilmember Neugebauer stated that he was not ready to voice a
decision, and he asked to hold for two weeks.
Councilmember Nelson asked the value of the LP&L benefit. Ms.
Brock responded $98,000.
Councilmember Hernandez suggested a motion with a "stay" to
any other businesses coming forward requesting exceptions until
guidelines are revised.
Mayor Sitton voiced support of Market Lubbock, Inc.; however,
she, too, has struggled with a decision. The Mayor requested
additional time to study.
Councilmember Ince asked the amount of the abatement. Dr.
Jackson noted that $140,000 annually in the new price and that
Purina would continue with current tax amount.
Councilmember Neugebauer questioned taxes would be raised at
levels being projected.
Councilmember Cooke asked to allow abatement based upon a
lower ad valorem tax.
Councilmember Nelson noted that he could not support and he
made a motion to table item #30.
Mayor Sitton requested, again, two weeks to study the abatement.
Dr. Jackson stated that they could not allow that much time to pass.
1:00 P.M. Councilmember Neugebauer made the motion to recess and
have staff to look into pending Legislation. Motion was
seconded by Councilmember Cooke. Motion passed: 7 Yeas; 0
Nays.
Councilmember Nelson withdrew his motion.
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Page180
3:50 p.m. CITY COUNCIL RECONVENES
Mayor Sitton asked for the effect of two legislative bills
Councilmember Hernandez read from a prepared statement. This
statement is to be inserted into Exhibit "C" prior to the last
"WHEREAS" paragraph in the preamble:
WHEREAS, Section 312.204(f) of the Tax Code provides that
Tax Abatement Agreements for property located in a
municipal enterprise zone are not required to contain identical
terms to all other Tax Abatement Agreements; and
WHEREAS, it is anticipated that law resulting in reduced local
ad valorem taxation by cities, counties and school districts on
businesses shall be enacted by the Texas Legislature; and
WHEREAS, the City Council finds that the total tax
abatement to be provided by the City to the Company for the
tax abatement term shall be reduced at the end of each term
year after the base year by the same amount of any ad valorem
tax reduction provided by the Texas legislature beyond the ad
valorem tax rate that would otherwise have been in effect in
without such legislation having been passed; and
The amount of taxes herein abated shall be reduced dollar for
dollar by any amount of ad valorem relief that shall be granted
by the Texas Legislature during the term of this agreement.
Such reduction in abatement shall be included in each year's
tax payment by the Company to the City following the base
year should the Legislature take such action.
Furthermore, I would propose appending said motion to state
that the City Council does not desire to grant any further
exceptions to the Tax Abatement Policy and Guidelines and
finally, append the motion to state that the City Council direct
the City staff to immediately start the revision process to the
Tax Abatement Policy and Guidelines.
Dr. Jackson asked, with an affirmative vote today, that he would
have a couple of days to review.
Councilmember Nelson made a motion to substitute the motion by
Councilmember Hernandez, seconded by Councilmember Ince.
Councilmember Nelson stated that an Ordinance and Resolution
were in place that do not allow abatement, and that he feels
obligated to follow.
Councilmember Nelson made a motion to table item #30. Mayor
Sitton noted that this is one of the few methods whereby the City
of Lubbock could be competitive.
Mayor Sitton asked for those in favor of tabling for continuance
item #30. The vote was 2 (Ince, Nelson) to 5.
City Council Minutes
March 27, 1997
Page181
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution No. 5453 as
recommended by staff. Motion carried: 6 Yeas; 1 Nay;
Councilmember David Nelson voted nay.
(31.) Confirm appointment of Mark Proctor to the Appointments
Advisory Board.
Motion was made by Councilmember Cooke and seconded by
Councilmember Hernandez to appoint Mark Proctor to the
Appointments Advisory Board. Motion carried: 7 Yeas; 0 Nays
(32.) Confirm appointment of Ray Duncan to the Board of
Electrical Examiners.
Motion was made by Councilmember Cooke and seconded by
Councilmember Hernandez to appoint Ray Duncan to the Board of
Electrical Examiners. Motion carried: 7 Yeas; 0 Nays
(33.) Confirm reappointment of Betty Condra, Rose Mediano, Rita
Melton, Carmyn Morrow, Barbara Sommerville, and Sharon
Prather to the Committee for Women.
Motion was made by Councilmember Cooke and seconded by
Councilmember Hernandez to appoint Betty Condra, Rose
Mediano, Rita Melton, Carmyn Morrow, Barbara Sommerville,
and Sharon Prather to the Committee for Women. Motion carried:
7 Yeas; 0 Nays
(34.) Consider the ratification of City Manager's appointment of
Debra Shepherd to the Fire Fighter and Police Officer Civil
Service Commission, according to Chapter 143.006 of the
Local Government Code.
Chapter 143 of the Local Government Code grants the Chief
Executive Officer, who according to our City Charter is the City
Manager, the authority to appoint the commissioners to the Civil
Service Commission. Bill Wischkaemper's appointment ended
January 25, 1997. Debra Shepherd has been appointed to take his
place.
Debra currently works for the Lubbock State School in the Human
Resources department. She has worked in this department for the
last eight years and worked in the same capacity with MHMR. She
has received 60 hours of mediation training and all of her Human
Resource experience has been in employee relations. She is
therefore aware of all laws related to the employee/employer
relationship. She has also served as a Grievance Officer for the
State of Texas. Her term would be from March 27, 1997 to
January 25, 2000.
Staff recommended that Council ratify the appointment of Debra
Shepherd to the Civil Service Commission.
181
City Council Minutes
March 27, 1997
Page 182
Motion was made by Councilmember Cooke and seconded by
Councilmember Hernandez to appoint Debra Shepherd to the Fire
Fighter and Police Officer Civil Service Commission. Motion
carried: 7 Yeas, 0 Nays
4:10 P.M. There being no further business to come before Council,
Councilmember Patterson made a motion to adjourn,
Councilmember Cooke seconded the motion. Motion carried: 7
Yeas; 0 Nays.
WINDY SITCON, MAYOR
ATTEST:
ayt i Darnell, City ecretary
Read and approved this of May 199 .
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WINDY SITT , MAYOR
ATTEST:
944jw j
Kayt i Darnell, City Secretary
182