HomeMy WebLinkAboutMinutes - City Council - Regular - 4/24/1997CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 24, 1997
8:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 24th
_ day of April 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 "Ty" Cooke, Councilmember
Victor Hernandez, Councilmember T. J. Patterson, Councilmember 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 Codes
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, Electric Utilities, and Water Utilities).
(3•) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074 (a)(1), to discuss personnel
matters regarding duties, responsibilities, and/or appointments
to:
Appointments Advisory Board
Board of Electrical Examiners
Board of Health
Building Board of Appeals
Citizens Traffic Commission
Community Development & Services Board
Neighborhood Redevelopment Commission
Permit & License Appeal Board
Planning & Zoning Commission
Public Transit Advisory Board
Structural Standards Commission
Zoning Board of Adjustments
9:40 A.M. WORK SESSION CONVENES
Committee Room 103
(4•) Discuss regular agenda items.
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April 24, 1997
Page 216
(5.) Presentation of Appointments Advisory Board Annual Report
(Ruth Schiermeyer, chairman; Kaythie Darnell, City
Secretary).
(6.) Cost recovery update. Item will be discussed May 8, 1997
10:38 A.M. CITY COUNCIL REGULAR MEETING RECONVENES
City Council Chambers
Mayor Sitton called the meeting to order at 10:39 A.M.
(8.) The Invocation was given by Larry Brooks, Pastor,
Community Baptist Church.
(9.) Pledge of Allegiance was given in unison by those in the City
Council Chambers.
(10.) Presentation of a Special Recognition to Michael Dominguez in
recognition of his courage and bravery in saving the lives of
three Lubbock residents in the flooding of a low lying area
during the April 3, 1997 storm.
Michael Dominguez accepted this Special Recognition. Michael
Dominguez showed bravery and courage in a moment in which the
lives of others were jeopardized by torrential storms and rising
flood waters. On Thursday, April 3, 1997 the flooding of a low
lying area caused the automobile of three Lubbock residents to be
swept away by currents and placed their lives in danger. The
actions of Michael Dominguez potentially saved the lives of Sylvia
Castro, Rosa Martinez, and Frances Romero. Michael Dominguez
went above and beyond the call of duty while risking his own life
to save the lives of others.
(11.) Presentation of a Special Recognition to Sherell Guichard-
Thomas, Social Action Chairperson, Lubbock Alumnae, Delta
Sigma Theta Sorority, in recognition of their dedication to
education.
Sherell Guichard-Thomas with Delta Sigma Theta Sorority
accepted a Special Recognition. Delta Sigma Theta Sorority is an
organization of women dedicated to serving the community of
Lubbock through numerous highly beneficial educational and
service projects. The members of Delta Sigma Theta are
concerned about the cultural enrichment, academic excellence, and
social welfare of Texas Tech University and the City of Lubbock.
The Sorority promotes leadership, initiative, and activism among
its members.
(12.) Presentation of a Special Recognition to Rodrick Toler,
President of Estacado High School Student Council, in
recognition of their dedication to the community.
Rodrick Toler, President of the Estacado High School Student
Council, accepted a Special Recognition. The Estacado High
School Student Council is dedicated to serving Estacado High
School and the community. The members of the Student Council
are activists in their school and are role models for their fellow
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April 24, 1997
Page 217
students. The members of Estacado High School Student Council
are gaining important life experiences through active involvement
in student body government.
(13.) Presentation of a Special Recognition to Charlie Parrish, Band
Director of Lubbock Christian High School, in recognition of
their victory at the state band competition on April 12, 1997.
This item was deleted from the agenda.
(14.) Presentation of a Special Recognition to Marva Hughes of the
Prairie Winds Chorus of Sweet Adelines International in
recognition of their dedication to the cultural enhancement of
the community.
Marva Hughes with the Prairie Winds Chorus accepted the Special
Recognition. The Prairie Winds Chorus of Sweet Adelines
International perpetuates and advances one of only four forms of
music native to the United States --the unique American folk
heritage of barbershop harmony. The Prairie Winds Chorus has
achieved a notable level of performance excellence and is currently
reigning as one of the top three choruses in its five -state region.
The Prairie Winds Chorus is a musical asset to the community and
performs regularly at civic and charitable events. The Chorus
promotes harmony and friendship among women of all ages, races,
and backgrounds.
(14A.) Special Recognition to the Landfill Site Selection Task Force
and the Landfill Permit Task Force in recognition of their
dedication to the community.
The following individuals accepted a Special Recognition for their
service on the Landfill Permit Task Force: Kevin Brightwell -
Chair, Melanie Barnes - Vice Chair, Nita Kiesling, Greg Ingham,
Josh Silva, Larry Wilson, Melissa Ramirez, Steve Hurt, Dr. Lloyd
Urban, Shane Cunningham, and Dr. Bob Sweazy. Members of the
Landfill Permit Task Force diligently worked to secure a permit for
the proposed site of the landfill and spent many hours evaluating
landfill development plans and permit issues. This Task Force was
an essential point of contact between the general public and City
engineers and staff.
The following individuals accepted a Special Recognition for their
service on the Landfill Site Selection Task Force: Eddie Schulz -
Chair, Brax Wright - Vice -Chair, Kevin Brightwell, Nita Kiesling,
Charles Taylor, Greg Ingham, Judge Don McBeath, Dr. Bob
Sweazy, Steve Hurt, Dr. Lloyd Urban, and Melanie Barnes.
Members of the Landfill Site Selection Task Force diligently
worked to recommended a landfill site in a location which would
be beneficial to the residents of Lubbock and the surrounding
communities.
The Selection Committee established and prioritized a selection
criteria list that addressed the needs and concerns of the citizens of
Lubbock. This list was used as a key component of the siting and
permitting process.
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Through the efforts of these task forces, a site was selected that had
minimum impact on the environment and adjacent properties. The
permit application addressed all of TNRCC's concerns and
requirements. In November, 1996, the TNRCC held a Preliminary
Hearing in Lubbock Only two individuals asked to have party
status in the contested hearing. Subsequently the City and these
individuals reached agreement; they withdrew their opposition; and
the TNRCC canceled the contested hearing and issued the permit
on April 11, 1997.
The result is Lubbock has one of the largest permitted landfills in
Texas, with 100 years of capacity. It was permitted on schedule
and the permit application had virtually no opposition. The fact
that a contested hearing was not held is virtually unheard of in this
era of environmental consciousness, and it is a real credit to the
task forces' efforts that the contested hearing was not necessary.
BOARD RECOGNITION
There were no board recognitions to be made.
CITIZEN COMMENTS
Mayor Sitton introduced Lubbock's former Mayors.
Former Mayor Lennis Baker commented that the City Council
plays god to so many; the Council does so many things that
directly affect the community. Baker stated that he appreciated
what the council does and expects they will do better.
Former Mayor Jack Strong, Sr. stated what a wonderful
opportunity it was to be invited.
Former Mayor Max Tidmore stated what a pleasure that it was to
be in attendance.
Former Mayor Morris Turner reminded the council that they each
represent the people and that they are doing the people's business.
Also, that the council is much more appreciated than what they
might hear.
Former Mayor Alan Henry commended each Councilmember.
Henry observed how it is best to criticize in private and praise in
public. God Bless Lubbock.
Former Mayor David Langston ask the Council to listen to the
words of "unite, commitment and progress".
PUBLIC HEARINGS
(15.) Ordinance No. 9985 -- Zone Case No. 2792 (1601 University
Avenue): Hold a public hearing to consider request of
Architects Developers Contractors, Inc. (for Haemonetic
Corporation) for zoning change from C-3 to C-3 Specific Use
for a Blood Bank on Lots 34 through 36, Block 2, Hankins
Addition.
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ORDINANCE NO. 9985
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2792; A ZONING CHANGE FROM C-3 TO C-3
SPECIFIC USE ZONING FOR A BLOOD BANK, ON LOTS 34 THROUGH 36,
BLOCK 2, HANKINS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:25 a.m. Lee Ray
appeared on behalf of Architects Developers Contractors (for
Haemonetic Corporation) to present the zone change from C-3. to
C-3 Specific Use for a Blood Bank. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:28 a.m.
Randy Henson, Senior Planner, presented staff comments. The
proposed use is a second facility for what used to be United Blood
Services and is now the Texas Blood Institute. It is a blood bank
and not a plasma center. No persons appeared during the Planning
and Zoning Commission hearing. Adjacent land uses:
North - commercial
South - commercial
East - zoned A-1, developed as residential
West - Texas Tech
While the primary function of Specific Use is the public hearing,
the request is consistent with the Comprehensive Land Use Plan
and zoning policies. The parcel has a generous amount of parking.
The proposal should have no negative effect on the thoroughfare
system.
Experience indicates a significant difference between the clientele
of the blood banks versus plasma centers. The current facility
adjacent to 48th and University has never caused any problems of
which the staff is aware.
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 Cooke to pass on first reading Ordinance No.
9985 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Councilmember Hernandez was off the dais.
(16.) Ordinance No. 9986 -- Zone Case No. 2773-A (Northwest
corner of llth Place and Loop 289): Hold a public hearing to
consider request of Kimley-Horn (for JPI) for zoning change
from R-1 to A-2 limited to three-story construction and all
other A-1 development standards on Section 9, Block J-S.
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April 24, 1997
Page 220
ORDINANCE NO.9986
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2773-A; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:28 a.m. Don
Bouvier appeared on behalf of Kimley-Horn (for JPI) to present the
zone change from R-1 to A-2 limited to three-story construction
and all other A-1 development standards. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:32 a.m.
Randy Henson, Senior Planner, presented staff comments. This
case is the same as a request withdrawn last year. The proposed
development, as noted by the proponent, will meet or be less than
the A-1 floor area ratio, which is 50 per cent. A-2 allows a 75 per
cent floor area ratio in contrast to the 50 per cent in A-1. The
request is filed as A-2 only for the three-story construction. The
three-story style allows a greater amount of open space in the
project as noted by the site plan.
Adjacent land use to the north is a tract owned by a church (zoned
A-2) and vacant R-1, to the south is a ready -built sales lot and a
garden home tract, to the east is Loop 289 and to the west is a
church tract and vacant residential. This corner of Revier Farm has
been a concern for proposed development for some time. Partially
landlocked by the two church tracts, use as single-family
residential has become increasingly remote. A single large project
to fill the gap is most suitable. The apartment portion of the
project will then buffer the corner area which will be proposed as
commercial in a future zone case.
The proposed zoning indicates the need for a minor amendment of
the Comprehensive Land Use Plan. The project will create
additional traffic in the area. Frankford is a designated
thoroughfare that has yet to be upgraded to five or seven lanes.
Discussion is on -going about that upgrade but is yet to be funded.
The Planning and Zoning Commission recommended approval of
the request subject to the following conditions:
Tied to site plan 2773 as presented to the Planning and
Zoning Commission and signed by the Chairman on April
3, 1997, and
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.
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Page 221
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Nelson to pass on first reading Ordinance No.
9986 as recommended by staff. Motion carried: 7 Yeas, 0 Nays
(17.) Ordinance No. 9987 -- Zone Case No. 2415-A (Southwest
corner of 66th Street and Frankford Avenue): Hold a public
hearing to consider request of Hugo Reed (for Ray Bain/First
United Bank) for zoning change from R-1 to C-2 for a bank on
a portion of land on Section 29, Block AK.
ORDINANCE NO. 9987
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2415-A; ZONING CHANGE FROM R-1 TO C-2
ZONING ON A PORTION OF LAND ON SECTION 29, BLOCK AK, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:33 a.m. Danny
Martinez appeared on behalf of Hugo Reed (for Ray Bain/First
United Bank) to present the zone change from R-1 to C-2. No one
appeared in opposition. Mayor Sitton closed the hearing at 11:35
a.m.
Randy Henson, Senior Planner, presented staff comments. The
request will complete the zoning on this corner to accommodate a
bank. Existing land uses:
North - commercial
South - pending apartment
East - commercial
West - pending apartment
The request is a policy case and should have little additional effect
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 Neugebauer, seconded by
Councilmember Patterson to pass on first reading Ordinance No.
9987 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Councilmember Ince was off the dais.
(18.) Ordinance No. 9988 -- Zone Case No. 2126-C (South of 53rd
Street and east of Chicago): Hold a public hearing to consider
request of Carol Reynolds (for Lubbock Development) for
zoning change from C-2A to A-2 limited to 3 story construction
and all other A-1 development standards on a portion of land
out of Section 28, Block E-2.
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ORDINANCE NO.9988
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2126-C; A ZONING CHANGE FROM C-2A TO A-2
ZONING ON A PORTION OF LAND OUT OF SECTION 28, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:35 a.m. Carol
Reynolds appeared on behalf of Lubbock Development to present
the zone change from C-2A to A-2 limited to three-story
construction and all other A-1 development. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:38 a.m.
Randy Henson, Senior Planner, presented staff comments. The
request is to adjust the zoning from existing light commercial and
apartment zoning to A-2 allowing three story construction with all
other development standards as A-1. Adjacent land uses:
North - A-1, vacant
South - A-1, apartments
East - A-1, vacant
West - C-2, vacant
The request is consistent with the Comprehensive Land Use Plan
and zoning policies. Prior to what is referred to as the 53rd Street
zone case and Comprehensive Plan amendment, this entire area
was targeted for apartments. Approval of this request constitutes a
minor change to the Plan, back to the previous status.
The request should create no circumstances for the thoroughfare
system that are not anticipated. The proponent requests a series of
conditions to match the zone case on the parcel northwest approved
in December of 1995.
The Planning and Zoning Commission recommended approval of
the request subject to the following conditions:
That a combination brick and wrought iron picket security
fence may occupy the perimeter of the site on the property
line (with zero setback), except that any fence or other
obstructions in the future drainage easement (53rd
extended) shall be subject to review and approval by the
City Engineer.
That the fence will maintain the required 25-foot vision
triangle at street intersections. In addition, the fence will
have wrought iron pickets with brick piers along the side of
the vision triangle and for a distance of at least 25 feet
along each street from the vision triangle.
That the perimeter fence may be the rear wall of garages
where a solid brick fence is used (the setback will be
reduced to less than the required 15 feet).
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That a mixture of two- and three-story structures shall be
permitted. The project shall meet all other A-1 standards.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Nelson, seconded by
Councilmember Neugebauer to pass on first reading Ordinance No.
9988 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(19.) Ordinance No. 9989 -- Amendment to the Zoning Ordinance to
allow more than three adult dogs as a conditional use in the R-
1 and R-2 zoning districts.
ORDINANCE NO. 9989
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-7(d) TO ADD MAINTAINING MORE THAN THREE
ADULT DOGS ON A RESIDENTIAL LOT IN R-1 SINGLE FAMILY ZONING
DISTRICTS AS A CONDITIONAL USE UPON APPROVAL BY THE ZONING
BOARD OF ADJUSTMENT; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:40 a.m. Jim
Crenshaw and Mikel Ward appeared on behalf of the public to
present the zone change as a conditional use R-1 and R-2 zoning
districts. No one appeared in opposition. Mayor Sitton closed the
hearing at 11:43 a.m.
Randy Henson, Senior Planner, presented staff comments. The
zoning code has no current provision for persons residing in single
family districts to have more than three adult dogs. The Code
defines "kennel" as a permitted use in the C-4 District with four or
more dogs. A C-4 zone case in a residential area would not be a
good solution. The purpose of this proposed amendment is to
provide a citizen access to the Board of Adjustment when he or she
feels circumstances exist that more than the limit of three adult
dogs should not apply. A notice is mailed to owners of property
within 200 feet for ZBA cases. Being a conditional use, the ZBA
will have jurisdiction on a case by case basis as in other
conditional uses named in the ordinance.
The zoning code does not address cats, and this provision is not
needed. When larger farm animals are questioned, the current
process includes either a zone case for residential estates or a ZBA
request for two year temporary uses. No changes to those two
options are being proposed.
The staff supports the recommendation of the Planning and Zoning
Commission.
Randy Henson responded to Councilmember Neugebauer's
question that staff could craft a "conditional provision" that would
state if a change does not occur without the same purpose, the
variance expires.
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Page 224
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9989
as recommended by staff. Councilmember Hernandez asked if the
Neighborhood Associations had been visited about this issue.
Henson responded that LUNA had received the agenda.
Councilmember Hernandez made a substitute motion to table the
motion.
City Attorney stated that the substitute motion was out of order,
that a motion and second was on the table.
Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted
Nay.
Mayor Sitton called for a point of order as to allowing an
individual to come forward because they had wanted to make a
presentation during the Citizens Comments. City Attorney
Burgess stated that this action is allowable at the discretion of the
chair. Councilmembers responded that they had no problems with
the presentation coming forward.
PUBLIC HEARINGS
(20.) Hold a public hearing to consider the request of Benson-
McCowan and Company for an Oil Drilling Permit on a tract
located approximately 1320 feet south of East Kent and 1297
feet east of Martin Luther King Boulevard in Section 8, Block
A, Lubbock County, Texas. Designation of well is Ashby #4.
Mayor Sitton opened the public hearing at 11:55 a.m. Mr.
Madison appeared on behalf of Benson-McCowan to present the
request for an Oil Drilling Permit. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:58 a.m.
(21.) Consider approval of an Oil Drilling Permit for Ashby 94.
Randy Henson, Senior Planner, presented staff comments. On
April 7, 1997 the Planning Department received an application for
a permit to drill the above described well. The storage site is
proposed at an existing tank battery north of the proposed well site.
The application is in order. The production unit contains 40 acres.
Benson-McCowan proposes earth sludge pits and no landscaping
at the well site. The blow-out protector has a rating of 5,000 psi.
Disposal of waste materials is proposed at a Railroad Commission
approved dump. Access to the drill site and storage site is
proposed from East Kent on private property.
SHORT TERM IMPACTS: A minimum of impact is expected for
the short term since the area is uninhabited. The current use is
agricultural. There are no homes in the immediate vicinity of the
proposed well or existing tank battery.
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POTENTIAL LONG TERM IMPACTS: The land area
surrounding and including this lease is designated industrial on the
Comprehensive Land Use Plan. Additional wells are in the
immediate area. Since little additional development is projected in
the immediate area and future development is anticipated as
industrial, few long term negative impacts are anticipated.
RECOMMENDED PERMIT CONDITIONS:
No hydrocarbon lubricant (waste oil) shall be used to free up the
hole during drilling until after the surface casing has been set.
The permittee shall require that a first series of casing be set when
drilling reaches a depth of 500± feet. The permittee shall notify
the Lubbock office of the Texas Railroad Commission for the
intended dates for casing the well.
The first, and if used the second, series of casing of the well shall
be in compliance with applicable portions of Rule 13 of the Texas
Railroad Commission.
The permittee shall meet all other conditions of Section 14, Article
VI of the Lubbock Code and those specifications indicated within
the application of Benson-McCowan for Ashby #4.
Staff recommended approval
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve an Oil Drilling Permit for
Ashby #4 as recommended by staff. Motion carried: 7 Yeas, 0
Nays.
CITIZEN COMMENTS
Don Harris requested that the Council approve a Resolution for the
State of Texas to support cotton as the State Fiber/Fabric.
Mayor Sitton asked Bob Cass, City Manager, to prepare a
resolution for the May 8th City Council meeting.
(22.) Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to approve the minutes of the April 10,
1997 Regular City Council Meeting as written. Motion
carried: 7 Yeas, 0 Nays.
(23.) Ordinance No. 9984 -- Abandon and close a portion of 66th
Street and a portion of Genoa Avenue located in Section 29,
Block AK, Lubbock County (6610 Genoa Avenue).
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ORDINANCE NO. 9984
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66TH
STREET LOCATED IN SECTION 29, BLOCK AK, LUBBOCK COUNTY, TEXAS,
AND A PORTION OF GENOA AVENUE LOCATED IN SECTION 29, BLOCK AK,
LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass on second and final reading
Ordinance No. 9984 as recommended by staff. Motion carried: 7
Yeas, 0 Nays.
(24.) Consider Resolution No. 5468 authorizing the Mayor to
execute a street monitor well permit with the Southland
Corporation for use of the City Street (1702 8th Street).
RESOLUTION NO. 5468
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/Alley and/or City
Public Grounds Monitor Well Permit by and between the City of Lubbock and The
Southland Corporation, 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 24th day of April 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
A copy of the Monitor Well Permit is filed with Resolution 5468.
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This permit allows the Southland Corporation's representative,
Fluor Daniel GTI, to drill a groundwater monitor well in the north
parkway of 8th Street just west of Avenue Q. This well will give
Fluor Daniel a means of checking possible water pollution which
has occurred from previously leaking underground fuel tanks at the
7-11 Store on the south side of 8th Street. The Texas Natural
Resource Conservation Commission has asked them to go off -site
with this monitor well. All utilities are in agreement and the City
will receive $100 per year for this well location. This permit is for
twenty years, payable every five years in advance.
The Right -of -Way Department recommended the approval of this
monitor well permit.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass Resolution No. 5468 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(25.) Consider Resolution No. 5469 authorizing the Mayor to
execute a contract with Texas Tech University for campus bus
service.
RESOLUTION NO.5469
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for an on behalf of the City of Lubbock a Contract and all related
documents by and between the City Transit Management Company, Inc., Texas Tech
University and Texas Tech University Health Sciences Center, and the City of Lubbock,
Texas, for campus bus service, attached hereto, and which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copies herein in detail.
Passed by the City Council this 24th day of April 1997.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mildred Cox
Mildred Cox, Managing Director
of Transportation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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April 24, 1997
Page 228
A copy of the Transit Contract is filed with Resolution 5469.
The contract with Texas Tech University (TTU) for transit services
is for a one-year period beginning September 1, 1997 and ending
on August 31, 1998. Contract cost per hour will be $32.58 for
each bus, with fuel cost adjustment above or below $1.05 per
gallon. The price of $32.58 per hour covers the full cost recovery
for the City of Lubbock. The University of Texas has a contract
with Capital Metro in Austin for $29.15 per hour. Citibus can
justify the lower cost due to fewer buses in the campus operation,
as compared to the UT shuttle system. Citibus has had a contract
with TTU since 1968, with the fuel cost adjustment being added to
the contract in 1981. In accordance with the TTU contract, Citibus
does not collect fares from its passengers.
The City of Lubbock is eligible to receive an equal amount from
the Federal Transit Administration, if available, for each dollar
collected from TTU. The additional funds are used to pay for
system expenses which otherwise would have to be paid by the
City. Citibus anticipates receiving $607,700 from TTU in FY98.
During the fall and spring semesters, Citibus will provide fifteen
wheelchair -equipped buses with two extra buses in the first
semester of the contract on two routes operating from
approximately 7:00 a.m. to 6:45 p.m., Monday through Friday.
During the summer semester, Citibus will provide three buses
operating from 7:30 a.m. to 3:30 p.m., Monday through Friday.
The contract calls for a minimum of 18,700 hours of service.
Citibus provides this service with all part-time operators.
The TTU Board of Regents will consider approval of this contract
at their meeting in May 1997. The TTU Board of Regents requests
that the City Council execute the contracts first.
Citibus Staff recommended approval of the TTU contract.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass Resolution No. 5469 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(26.) Consider Resolution No. 5470 authorizing the Mayor to
execute a contract for equipment, maintenance and services for
Xerox Corporation.
RESOLUTION NO.5470
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 Equipment Purchase and
Maintenance Agreement in the amount of $71,400.00 with Xerox Corporation. Said
agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
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April 24, 1997
Page 229
Passed by the City Council this 24th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kavthie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning
Sharlett Chowning
Information Services Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney
A copy of the Equipment Purchase and Maintenance Agreement is filed with Resolution
5470.
The City prints approximately 380,000 pages per month on a high
speed Xerox laser printer. These include LP&L bills, jury
summons, financial statements and a variety of reports. The
current Xerox 4050 printer was purchased in February, 1989 and
has exceeded its useful life expectancy. Repairs and printer
downtime are becoming frequent. The Xerox 4050 printer will be
replaced with a Xerox DocuPrint 405ONPS printer. The new, high
speed printer is scheduled to be installed and operational within
two months.
The Information Services Department recommended the approval
of this contract.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass Resolution No. 5470 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(27.) Consider a Resolution No. 5471 to correct a clerical error in
Resolution No. 5416 regarding the Total Number of Votes Cast
in the January 18, 1997 Special Election.
RESOLUTION NO. 5471
WHEREAS, a review of Resolution No. 5416, which canvassed the results for the
January 18, 1997 City Special Election, has revealed a clerical error was made in filling
in blank in said Resolution for the total number of votes cast in the election; and
WHEREAS, said error did not affect in any way the outcome of said election; and
whereas all vote totals reported for candidates were entered correctly; and
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City Council Minutes
April 24, 1997
Page 230
WHEREAS, the Elections Division of the Office of the Secretary of State of the
State of Texas, which is charged with the interpretation of the election laws of the State
of Texas, has advised that said error be reported to the City Council and entered into the
minutes of the City Council; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT it is hereby noted that the total vote for the January 18, 1997 Special
Election as reported in Resolution No. 5416 as being 2,605 is incorrect and that the actual
total vote for said election should have been entered as 12,094.
Passed by the City Council this 24th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Resolution No. 5416 shows the number of votes cast for each
candidate for the Mayoral position and for the Council District 3
position, and also shows The Total Votes Cast in Election. The
number for Total Votes Cast in Election is a clerical error in that
the total votes is 12,094 rather than the 2,605.
This error does not affect in any way the outcome of the election,
and all votes total reported for candidates were entered correctly.
In checking with the Elections Division of the office of the
Secretary of State of the State of Texas, our legal department was
advised to report this correction to the Lubbock City Council and
have the correction entered into the minutes of the City Council.
Staff recommended the approval of this resolution to reflect the
correct number of total votes.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass Resolution No. 5470 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(28.) Consider Resolution No. 5472 authorizing the Mayor to enter
into an agreement with the Lubbock Arts Alliance to
administer hotel/motel funds through the grants program.
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City Council Minutes
April 24, 1997
Page 231
RESOLUTION NO. 5472
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 with Lubbock Arts Alliance,
Inc., an Agreement, Guidelines and any associated documents for implementation of a
grant program in support of the arts. A copy of said Agreement is attached hereto 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 24th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Connie Gibbons
Connie Gibbons, Cultural
Arts Services Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Agreement is filed with Resolution 5472.
For the past seventeen years, the City Council has approved an
agreement with the Lubbock Arts Alliance, Inc. whereby the City
paid a portion of the revenues collected from hotel/motel tax for
the encouragement, promotion, and improvement of all forms of
art in the community.
The 1997-98 agreement provides for a total sum of $118,720.23
which is .400 cent of the hotel/motel tax collected during the fiscal
year ended September 30, 1996. The agreement provides that a
joint review committee of Lubbock Arts Alliance, Inc. and
Lubbock City Council will receive and evaluate applications for
the arts grants from community organizations and make
recommendations to the City Council for awarding of the grants.
Approved grants are then paid by Lubbock Arts Alliance, Inc. out
of the funds received from the City. The Lubbock Arts Alliance is
responsible for monitoring and administering all aspects of the
grants program.
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City Council Minutes
April 24, 1997
Page 232
As a result of a request by City Council to the Lubbock Arts
Alliance, guidelines for the grants program have been revised. The
objectives of the revisions are: (1) to make the application process
more accessible and encourage agencies to seek staff assistance
throughout the entire grant process; (2) to establish a mechanism
for accountability from agencies receiving and using grants funds;
and (3) to establish a clear mechanism for oversight of the grant
funds by the Arts Alliance. Changes in the guidelines were
presented to the Council at its March 13th work session. After
Council work session discussion, additional revisions to the
guidelines were made. Changes in the guidelines are as follows:
Project must start within 8 months of award;
Organizations will receive 60 per cent of the grant upon
approval and 40 per cent upon completion of the evaluation
report form;
Reconsideration of a project proposal may be requested if
grants review committee fails to follow procedures or
demonstrates a prejudice, capricious or arbitrary action;
Applicants are encouraged to contact Arts Alliance staff for
assistance;
Organizations are ineligible for funding until delinquent
evaluations have been submitted;
An evaluation of completed projects will be conducted with
the highest possible rating being AAA;
Organizations submitting their evaluation report forms
more than ten days late will not receive a rating higher than
AA;
Organizations submitting evaluations more than 30 days
late will not receive a rating higher than A;
Organizations submitting evaluations more than 60 days
late will forfeit the remaining 40 per cent of their award;
Criteria for the grants review committee in reviewing
proposals has been organized into 4 categories: service (1-
25 points); involvement (1-20 points); capability (1-20
points); and artistic merit (1 -3 5 points); and
Amendments to approved projects must be submitted in
writing to the Arts Alliance when there is a significant
change in the scope of the project, when there are changes
in the project personnel, and when there are changes in the
project budget.
Lubbock Arts Alliance, Inc. recommended that a new agreement
be approved so that the grants program may continue through the
1997-98 grants cycle. Staff recommended approval.
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City Council Minutes
April 24, 1997
Page 233
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass Resolution No. 5472 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(29.) Bid #97052 - Liability & Property Insurance (Risk
Management)
Sanford Insurance Agency of Lubbock, Texas --Total Bid
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(30.) Bid #97069 - HVAC Maintenance - 3 Year Contract (Civic
Center)
RESOLUTION NO.5473
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 Anthony Mechanical, Inc., of
Lubbock, Texas, to install and furnish all materials and services as bid for the HVAC
Maintenance Contract for Lubbock Memorial Civic Center & Auditorium, 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 24th day of April 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 §
233
City Council Minutes
April 24, 1997
Page 234
THIS AGREEMENT, made and entered into this 24th day of April, 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 Anthony Mechanical Services, Inc., 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 #97069 - HVAC MAINTENANCE CONTRACT FOR LUBBOCK MEMORIAL
CIVIC CENTER & AUDITORIUM - $341,280.00
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/ Freddy Chavez
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/ Will Anthony
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Anthony Mechanical Services, Inc.
By: /s/ John Anthony
PRINTED NAME: John Anthony
TITLE: President
COMPLETE ADDRESS:
Anthony Mechanical Services, Inc.
P. O. Box 2706
Lubbock, Texas 79408
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City Council Minutes
April 24, 1997
Page 235
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass Resolution No. 5473 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(31.) Bid #97081 - ADA Curb Ramps at Various Locations (Phase
#4) (Street/Drainage Engineering)
RESOLUTION NO.5474
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 Birchwood Construction, Inc., of
Levelland, Texas, to install and furnish all materials and services as bid for the ADA
Curb Ramps at various locations (Phase #4), 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 24th day of April 1997.
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 §
/s/ WINDY SITTON
WINDY SITTON, MAYOR
THIS AGREEMENT, made and entered into this 24th day of April, 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 Birchwood Construction, Inc., of the City of Levelland, County of Hockley, and the
State of Texas, herein termed CONTRACTOR.
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City Council Minutes
April 24, 1997
Page 236
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 #97081 - ADA CURB RAMPS AT VARIOUS LOCATIONS (PHASE #4) - $204,965.00
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/ Larry D. Hertel
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/ Scott Michaels
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Birchwood Construction, Inc.
By: /s/ V. R. Michaels, Jr.
PRINTED NAME: V. R. Michaels, Jr.
TITLE: President
COMPLETE ADDRESS:
Birchwood Construction, Inc.
P. O. Box 8241
Levelland, Texas 79338
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass Resolution No. 5474 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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April 24, 1997
Page 237
(32.) Bid #97082 - Conduit & Underground Fittings (Central
Warehouse)
Techline, Inc.--40 Ea 4" 45 Degree Rigid PVC Ell; 120 Ea 5"
Rigid conduit Galvanized 5.563" OD; 400 Ea Three Way Conduit
Space for 5" PVC Conduit; 110 Ea 600 Amp 15KV Elbow Cable
Adapter Waterproof, 10 Ea 600 Amp 15KV Insulating Dead End
Plug; 12 Ea 15KV Reducing Tap Bushing Well;
Moore Electric Company--800 Ea 5" PVC Conduit, Type EB, 20
Ft. Joints
Cummins Utility Supply--15 Ea 4" Conduit Riser, Cable Ring
Kelum No. 022-11-041; 16 Ea 24" Conduit Bracket, Alumaform
110 Ea 600 Amp 15KV Elbow Housing Waterproof, 50 Ea 600
Amp Grounding Device for Metallic Tape Shielded Cable; 40 Ea
600 Amp 15KV Dead -End Plug.
WESCO--500 Ea 4" PVC Conduit, Type EB, 20 ft. Joints; 10 Ea
4" Conduit Vent PLM; 25 Ea 5" 90 Degree Rigid PVC Ell.
Temple, Inc.--80 Ea 4" Rigid Conduit with CP, Threaded Both
Ends.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(33.) Bid #97098 - Optically Controlled Priority Traffic Pre-
Emption System (Traffic Engineering)
The pre-emption system is purchased pursuant to a 1995 agreement
between the City of Lubbock and the Houston -Galveston Area
Council (H-GAC)
Houston -Galveston Area Council $233,122.87
Staff recommended award of each of these bids to the bidder as
indicated on the tabsheets.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(34.) Consider Resolution No. 5475 authorizing the Mayor to
execute a contract with HDR Engineering, Inc., for
professional engineering services related to the development of
the West Texas Region Disposal Facility.
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City Council Minutes
April 24, 1997
Page 238
RESOLUTION NO.5475
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 Supplement Agreement No.
2 to the Contract by and between the City of Lubbock and HDR Engineering, Inc., dated
October 8, 1992, for professional engineering services as related to the West Texas
Region Landfill for Construction Plans and Specifications, Bid Administration and
Construction Related Services, which supplement agreement is 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 24th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mildred Cox
Mildred Cox
Managing Director of Transportation
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Assistant City Attorney
A copy of Supplemental Agreement No. 2 is filed with Resolution 5475
In 1992 the City of Lubbock began the process of securing a site
for a new landfill. On April 11, 1997 the Texas Natural Resource
and Conservation Commission (TNRCC) approved Lubbock's
application to operate a landfill on a 1,237 acre site approximately
five miles west of Abernathy.
In October, 1992 the City contracted with HDR/PSC to provide
technical assistance to the Council appointed landfill site selection
task force. In December, 1993 the City executed a supplemental
agreement to the contract to retain HDR/PSC to prepare the permit
application. Approval of this agenda item would authorize the
execution of Supplemental Agreement No. 2 for engineering
services associated with the development of the new landfill.
Specific tasks include:
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City Council Minutes
April 24, 1997
Page 239
Phase 1 - Conceptual Site Design
Phase 2 - Detailed Design Plans and Specifications
Phase 3 - Bid Administration
Phase 4 - Construction Services
The total contract amount for the four phases is not to exceed the
amount of $420,335. This contract amount does fall within the
"reasonableness" guideline developed by the Texas Society of
Professional Engineers for calculating engineering fees relating to
services for construction projects.
Approval is recommended.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass Resolution No. 5475 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(35.) Consider Resolution No. 5476 authorizing the use of funds
from the Water Utility Fund by the Community
Development/Housing Department to initiate a pilot sidewalk
repair program in the Heart of Lubbock neighborhood.
RESOLUTION NO. 5476
WHEREAS, the City Council of the City of Lubbock has determined that certain
sidewalks in the Heart of Lubbock Neighborhood may be a safety hazard and that it is in
the best interest of the citizens of Lubbock that the sidewalks be repaired; and
WHEREAS, the Community Development/Housing Department after
considerable study and discussion with representatives of the private sector from the
Realtors, Insurance, Bankers, and Hospital Associations has developed a plan of action to
rectify the sidewalk safety situation in the Heart of Lubbock Neighborhood; and
WHEREAS, the Community Development/Housing Department has
recommended the attached Pilot Sidewalk Program for the Heart of Lubbock
Neighborhood for approval and official recognition; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Pilot Sidewalk Program proposed by the Community
Development/Housing Department is hereby approved and that up to Fifty Thousand and
no/100 dollars ($50,000.00) from the General Fund may be used to implement the pilot
program. Said plan for the Pilot Sidewalk Program is attached hereto, and incorporated
in this Resolution as if fully set forth herein and shall be included in the minutes of the
City Council.
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City Council Minutes
April 24, 1997
Page 240
Passed by the City Council this 24th day of April 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
Health & Community Services
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Assistant
City Attorney
A copy of the Pilot Sidewalk Program Plan is filed with Resolution 5476.
At the City Council meeting of March 13, 1997, staff presented
information and introduced discussion concerning the use of
Community Development Block Grant money for the installation
and repair of sidewalks within eligible neighborhoods. Council
members requested that staff gather more input from the private
sector and the Community Development & Services Board for
further guidance and possible public/private partnerships.
On April 9, 1997 the Community Development & Services Board
met in regular session. One of the items opened for discussion was
sidewalks. In general, the board was of the opinion that sidewalks
were a necessary part of revitalizing neighborhoods and an
appropriate use of Community Development funds. However,
members agreed with the idea that private partnerships should be
investigated further.
On April 14, 1997, the sidewalk project was again discussed in a
meeting with representatives from the Realtors, Insurance, and
Bankers Associations, as well as a representative from the
hospitals. There was a consensus that sidewalks did add value to a
property and a neighborhood, both in terms of sale/resale and in
terms of health/safety. It was also agreed that sidewalk projects
have a snowball effect that causes homeowners and other
neighborhood residents to keep up their properties. The group also
had suggestions for public/private partnerships which included
bank participation and a tiered approach to using City funds.
The following pilot program was developed as a result of the April
14 meeting and will offer a four tiered approach for the
implementation of sidewalk repair.
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City Council Minutes
April 24, 1997
Page 241
Voluntary compliance, for those who take care of a codes violation
on their own, will not require intervention.
Those who indicate they cannot afford the repair would be referred
to one of the participating banks for loan application. If their
income is 80 per cent of median, they would also be eligible for
one third of the sidewalk cost as a grant from Community
Development funds (as an incentive).
If the bank refuses the loan, the property owner may receive funds
in the form of a low interest loan from funds set aside in the
general fund. The same one-third provision would be made for
those 80 per cent or below from Community Development funds.
For those of extremely low income, 50 per cent of median or
lower, Community Development funds would be used as a grant to
cover the cost of the sidewalk after the applicants are screened.
Staff recommended approval of this resolution for the pilot
program to begin in the Heart of Lubbock neighborhood. The
program brings together the private and public sectors to help solve
a community need.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass Resolution No. 5476 as
changed with the $50,000 being funded from the General Fund
versus the Water Fund. Motion carried: 7 Yeas, 0 Nays.
BOARD APPOINTMENTS
(36.) Confirm reappointment of Melissa Stell to the Permit and
License Appeal Board.
(37.) Confirm reappointment of Velma Medina to the Committee for
Women.
The citizens referenced above were selected for service during the
City Council meeting on February 27, 1997. They have all been
contacted and have agreed to serve.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to confirm reappointments of the Permit
and License Appeal Board and the Committee for Women.
Motion carried: 7 Yeas, 0 Nays.
12:10 P.M. COUNCIL RECESSES TO EXECUTIVE SESSION
2:20 P.M. COUNCIL RECONVENES TO WORK SESSION
(7.) Discuss Legislative issues.
2:30 P.M. COUNCIL ADJOURNS WORK SESSION
241
City Council Minutes
April 24, 1997
Page 242
2:31 P.M. COUNCIL RECONVENES REGULAR CITY COUNCIL
MEETING TO ADJOURN
There being no further business or discussion, motion was made by
Councilmember Nelson, seconded by Councilmember Cooke to
adjourn the meeting at 2:31 P.M. Motion carried: 7 Yeas, 0 Nays
ATTEST:
IaMyc Darnell, City Secretary
Read and approved this IC&
ATTEST:
Aayyt1ADarnell, City Secretary
U
1997.
WINDY SFIUON, MAYOR
Of ,
DY IT , MA OR
242