HomeMy WebLinkAboutMinutes - City Council - Regular - 10/24/2002CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
OCTOBER 24, 2002
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 24th
day of October, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:32 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Gary O. Boren; Council Member Alex "Ty" Cooke, Council
Member Tom Martin, Council Member Frank W. Morrison, Council
Member T.J. Patterson
Absent: No one was absent
CITIZEN COMMENTS
Three citizens expressed comments to the Council. They were:
(1.) Dereesa Purtell, Vice -President of Managed Care and Strategic
Planning for University Medical Center, addressed City Council
regarding the Health Plan RFP.
Ms. Purtell congratulated the City on its efforts to continue to save money
on the employee health plan. Also, she expressed UMC's appreciation of
the City's diligence for ensuring UMC is part of COL's health plan that is
chosen.
( 1A.) Karen Jones, Regional Sales Executive for BlueCross BlueShield,
addressed City Council regarding the Health Plan.
Ms. Jones stated she realized Council was extremely concerned about
going with a local vendor. She wanted to make Council aware that BCBS
does have a local office with 35 residents of Lubbock, Texas. They are a
part of the community and work very hard in the economic side as well as
special events and charitable organizations.
(lAA.) Ted Parker, Chairman of ICON Benefits, addressed City Council.
Mr. Parker stated that ICON submitted a bid for the City's health plan
using a sister company, HealthSmart, which is the PPO. He stated they
are also a local company, which has created approximately 400 jobs in
Lubbock County. Most of these are employees in the City of Lubbock and
are taxpayers here. As far as he knows, ICON is only Lubbock based
company that can make that claim. He would very much appreciate the
opportunity to service the City.
EXECUTIVE SESSION
Mayor McDougal stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Attorney; City Manager; City Secretary); to
deliberate, vote and take final action on electric rates of Lubbock Power
and Light (Electric Utilities); to discuss and deliberate a competitive
matter regarding the strategies, goals, funding and strategic purpose of the
City of Lubbock's relationship with and membership in the West Texas
Municipal Power Agency (Electric Utilities); pending or contemplated
litigation (Business and Neighborhood Development; Lubbock Power and
Light; Parks Department; Police Department, Solid Waste; Stormwater
Engineering); personnel matters regarding duties, responsibilities, and/or
appointments (Boards and Commissions); and to deliberate the purchase,
exchange, lease, or value of real property (Community Development;
Water Utilities).
Regular City Council Meeting
October 24, 2002
Page 338
7:39 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
(113.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West
Texas Municipal Power Agency.
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Business and Neighborhood Development; Lubbock Power
and Light; Parks Department; Police Department, Solid Waste;
Stormwater Engineering).
(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:
Citizens Advisory Committee & Subcommittees
West Texas Municipal Power Agency
Appointments Advisory Board
Board of Electrical Examiners
Building Board of Appeals
Culture & Arts Commission
Libraries Board
Planning & Zoning Commission
Structural Standards Commission
Youth Commission —Adults
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Community Development; Water Utilities).
9:58 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All council members were present.
(6.) Presentation regarding the relocation of Santa Land to Mackenzie
Park. Randy Truesdell, Parks and Recreation Director (15 minutes)
Santa Land is a holiday festival that has been a part of the Lubbock
community for 46 years. The two -week event draws approximately
30,000-45,000 people each year and has become a family tradition during
the holiday season. Throughout the past 45 years, Santa Land has resided
in a variety of parks, including Mose Hood Park, Clapp Park and for the
past several years at the area just north of the Civic Center.
The area currently used for Santa Land will be affected by the construction
of the Marsha Sharp Freeway. The Parks and Recreation Department is
aware that at some point another move will be necessary.
Recently, Broadway Festivals, Inc. announced its desire to hold a new
community event in Mackenzie Park called Lights in the Canyon. In order
to provide citizens of Lubbock with quick access to both holiday events, it
was recommended to move Santa Land to Mackenzie Park.
338
Regular City Council Meeting
October 24, 2002
Page 339
There are several benefits to holding both Santa Land and Lights in the
Canyon in the same area. Each event can draw from the attendance and
publicity of the other event. Santa Land brings with it an attendance of
45,000 people in 2001. Broadway Festivals has agreed to include Santa
Land in all their media coverage which will include News Channel 11
spots, a website, radio advertising, a tabloid in the Lubbock Avalanche
Journal, and a variety of flyers, posters and mailers.
The recommendation is for a one-year trial of holding Santa Land in
Mackenzie Park in conjunction with the Broadway Festivals, Inc. Lights in
the Canyon event.
The Parks and Recreation Advisory Board considered the relocation of
Santa Land to Mackenzie Park during their October 22nd meeting.
Council Member Martin asked that staff look at other locations for future
years. He asked Mr. Truesdell to come back in February and give Council
a report on: 1) how the event went; and, 2) plans for next year.
( 7.) Presentation regarding the Community Development Section 108
Loan Program that will be used to fund a citywide housing
rehabilitation program. Nancy Haney, Community Development
Director (10 minutes)
For the past ten years, the City of Lubbock has received either flat or
decreasing federal dollars in the Community Development Block Grant
allocation. The reduction in actual dollars and the increased cost of
programs have resulted in fewer households being assisted through federal
funds. In order to better meet the needs of the low -to -moderate income
citizens of Lubbock, Community Development has been looking for
alternative sources of funding. One source identified by staff is the
Section 108 loan program. An application was submitted to HUD in
October 2002, requesting $2 million in 108-loan money, which could be
used for housing rehabilitation.
Community Development staff has received formal written notification
that the City of Lubbock's Section-108 loan application has been approved
by the U.S. Department of Housing and Urban Development. The
application will allow for the injection of $2,000,000 in federal funds into
Lubbock to be used for a Housing Rehabilitation Program. By signing
this agreement, the City acknowledges its desire to continue with the loan
process.
The next step in the process will then be the review and execution of a
contract between the U.S. Department of Housing and Urban
Development and the City of Lubbock, which will include the above
stipulations. HUD will forward a draft of the contract to the City upon
receipt of this agreement. After review by staff from Community
Development and the Legal Department, the final contract will be brought
before Council for approval. The City will not be bound until the contract
itself has been executed.
Item #52 is on the agenda for Council to approve the funding agreement.
10:35 A. M. WORK SESSION RECESSED
10:52 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tern Victor Hernandez, Council
Member Gary O. Boren, Council Member Alex "Ty" Cooke, Council
Member Tom Martin, Council Member Frank W. Morrison, Council
Member T. J. Patterson; Bob Cass, City Manager; Anita Burgess,
City Attorney; and Rebecca Garza, City Secretary
Absent: No one was absent
Mayor McDougal called the meeting to order at 10:52 A. M.
339
Regular City Council Meeting
October 24, 2002
Page 340
( 8.) Invocation by Stephanie Nash, Pastor for Education and Outreach,
Second Baptist Church.
( 9.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
BOARD APPOINTMENTS RECOGNITION
Building Board of Appeals
Receiving: Juan Mendoza
Catarino Soto (Unable to attend)
North & East Lubbock Development Commission
Receiving: Frank Castaneda
CITIZENS APPEARANCES
(10.) Presentation of a Proclamation declaring October 2002 as National
Disability Employment Awareness Month in Lubbock.
October is National Disability Employment Awareness Month. Polls
indicate that almost three out of every four individuals with disabilities are
not employed. Many of these individuals are eager and able to work. The
focus of National Disability Employment Awareness Month is the
Department of Labor's efforts to integrate Americans with disabilities into
the mainstream of our economy and to highlight the many talents that
people with disabilities bring to our workforce.
Martha Medina accepted a proclamation declaring October 2002 as
National Disability Employment Awareness Month in Lubbock.
CONSENT AGENDA (Nos. 11-22, 24-30, 33-34, 37-38)
Motion was made by Council Member Hernandez, seconded by Council
Member Morrison to approve Items Nos. 11-22, 24-30, delete 32, 33-34,
37-38 on consent agenda as recommended by staff. Motion carried: 7
Yeas, 0 Nays.
(11.) ORDINANCE #2002-00106—Amending Article III of Chapter 6 of
the Code of Ordinances of the City of Lubbock, Texas, with regard to
adopting the 2000 Edition of the International Plumbing Code (second
and final reading).
(12.) ORDINANCE #2002-00107—Amending Article III of Chapter 6 of
the Code of Ordinances of the City of Lubbock, Texas, with regard to
adopting the 2000 Edition of the International Mechanical Code
(second and final reading).
ORDINANCE NO.2002-00107
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 6 OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ADOPTING THE 2000 EDITION OF THE INTERNATIONAL MECHANICAL CODE
AND PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER
TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
(13.) ORDINANCE #2002-00108—Amending Article III of Chapter 6 of
the Code of Ordinances of the City of Lubbock, Texas, with regard to
adopting the 2000 Edition of the International Fuel Gas Code (second
and final reading).
ORDINANCE NO.2002-00108
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 6 OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ADOPTING THE 2000 EDITION OF THE INTERNATIONAL FUEL GAS CODE
AND PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER
TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
340
Regular City Council Meeting
October 24, 2002
Page 341
(14.) ORDINANCE #2002-00110—Designating a reinvestment zone within
the City of Lubbock as authorized by Chapter 312, Tax Code;
describing the boundaries of said Zone; describing the eligibility of
said Zone for commercial -industrial tax abatement; providing a
saving clause and providing for publication (second and final
reading).
ORDINANCE NO.2002-00110
AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE
CITY OF LUBBOCK AS AUTHORIZED BY CHAPTER 312, TAX CODE;
DESCRIBING THE BOUNDARIES OF SAID ZONE; DESCRIBING THE
ELIGIBILITY OF SAID ZONE FOR COMMERCIAL -INDUSTRIAL TAX
ABATEMENT; PROVIDING A SAVING CLAUSE AND PROVIDING FOR
PUBLICATION.
(15.) Ordinance No. 2002-00112 amending Article III of Chapter 6 of the
Code of Ordinances of the City of Lubbock with regard to adopting
the 2000 Edition of the International Energy Conservation Code and
providing for certain amendments to such code in order to meet local
conditions (first reading).
ORDINANCE NO.2002-00112
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 6 OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY
CONSERVATION CODE AND PROVIDING FOR CERTAIN AMENDMENTS TO
SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The State of Texas requires municipalities to adopt the 2000 International
Energy Conservation Code for building construction that deals primarily
with commercial and multi -family construction. The City of Lubbock has
never concerned itself with an energy code until now that the State has
made it mandatory for adoption. The State allowed the City of Lubbock to
make local amendments to this code, so an ad hoc committee was formed
to review the code and make recommendations for those amendments.
The committee was formed with great participation from interested groups
and individuals in the community. As the review went into weeks,
attendance faded until staff had a core group that thoroughly reviewed the
entire codebook. The Building Board of Appeals has recognized the many
hours the ad hoc committee put into forming the amendments to this code
and has voted to accept them as part of the ordinance for the energy code.
The results of the ad hoc committee review of the 2000 International
Energy Conservation Code were compiled and brought before the
Building Board of Appeals for approval. Cyril Reasoner and David Miller
were instrumental in compiling the amendments from the ad hoc
committee and would be willing to make any needed presentation to the
City Council.
Staff recommended approval of this ordinance.
(16.) Ordinance No. 2002-00113 amending Article VI of Chapter 6 of the
Code of Ordinances of the City of Lubbock by adding Chapter 11 of
the 2000 Edition of the International Residential Code with regards to
the energy efficiency and establishing a board of appeals and
providing for certain amendments in order to meet local conditions
(first reading).
ORDINANCE NO 2002-00113
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 6 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING CHAPTER 11 OF THE
2000 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE WITH REGARDS TO
THE ENERGY EFFICIENCY AND ESTABLISHING A BOARD OF APPEALS AND
341
Regular City Council Meeting
October 24, 2002
Page 342
PROVIDING FOR CERTAIN AMENDMENTS IN ORDER TO MEET LOCAL
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION. THIS ORDINANCE SHALL TAKE PRECEDENT OVER
ALL OTHER PORTIONS OF CHAPTER 6 IN REGARD TO ONE AND TWO FAMILY
DWELLINGS EXCEPT FOR THE ADMINISTRATIVE PROVISIONS.
The 2000 International Residential Code was adopted earlier this year,
with the exception of Chapter 11, that deals with energy efficiency for
one -and -two family residences. The Building Board of Appeals approved
temporary deletion of Chapter 11 (Energy Conservation) with the
understanding that after the ad hoc committee's recommendations, the
adoption of the energy chapter along with approved amendments would be
forthcoming. The ad hoc committee submitted its recommendations for
the residential energy code at the same time as the 2000 International
Energy Conservation Code.
After several weeks the group presented their final recommendations to
the Building Board of Appeals. The amendments were presented to the
board for adoption and approved for City Council adoption.
The Building Board of Appeals has approved the ad hoc committee's
recommendation to adopt Chapter 11 from the IRC and its amendments.
Also attached to these proposed amendments is Section R112, BOARD
OF APPEALS, which was amended to clarify the definition and function
of the Building Board of Appeals. Staff recommended approval of this
ordinance.
(17.) Ordinance No. 2002-00114 amending Article XVII of Chapter 2 of
the Code of Ordinances of the City of Lubbock with regard to the
duties of the Building Official; amending Article V of Chapter 6 with
regard to adopting the 2002 Edition of the National Electrical Code;
establishing fees; providing for certain amendments to such code in
order to meet local conditions (first reading).
ORDINANCE NO. 2002-00114
OF THE
AN ORDINANCE AMEND NG ARTICLE XVII F LUBBOCKOTEXASPTER W WITH
REGARD
CODE OF ORDINANCES OF THE CITY O
TO THE DUTIES OF THE BUILDING OFFICIAL; AMENDING ARTICLE V OF
CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO ADOPTING THE 2002 EDITION OF THE NATIONAL
ELECTRICAL CODE; ESTABLISHING FEES; PROVIDING FOR CERTAIN
AMENDMENTS TO SUCH CODE IN ORDER TO MEET A SAVINGS CLAUSE;AL ANDPROVIDING
PROVIDING A PENALTY; PROVIDING
FOR PUBLICATION.
The City of Lubbock is the licensing agency and enforcement authority for
electrical construction within the city. License testing is done through a
major code development group and once staff has received the passing test
results, licenses are issued through Building Inspection department.
The current electrical code is the 1999 National Electrical Code and
attached is a copy of the 2002 National Electrical Code proposed
amendments. The adoption of the 2002 NEC and local amendments, will
give the city the most c
from the present electrical code to the new proposed one that also includes
additions to the amendments.
The Board of Electrical Examiners hasconsidered
and local amendments for
voted to approve the new electrical
adoption.
The Board of Electrical Examiners supports the adoption of the 2002
National Electrical Code and local amendments.
Staff recommended approval of this ordinance.
342
Regular City Council Meeting
October 24, 2002
Page 343
(18.) Ordinance No. 2002-00115 amending Section 16-175.1 of the Code of
Ordinances of the City of Lubbock regarding speed limits (first
reading).
ORDINANCE NO. 2002-00115
AN ORDINANCE AMENDING SECTION 16-175.1 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
ESTABLISHMENT OF SPEED LIMITS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION.
This ordinance includes the following: (1) Minor increases in the speed
limits along the Loop 289 frontage roads (usually 5 mph) as requested by
TxDOT in accordance with state law and approved by the Citizens Traffic
Commission; (2) Minor adjustments in the locations where the speed limit
changes on Slide Road from South Loop 289 to the south city limit line as
requested by TxDOT to comply with where the signs are actually located;
(3) Designation of speed limits on arterial roads in Southwest Lubbock
annexation area — 98`h Street from Frankford to west city limits (40 mph
mostly gravel), Alcove Avenue from 82nd Street to 981h Street (40 mph
mostly gravel), Milwaukee Avenue from 82nd Street to south city limits
(45 mph mostly gravel), and Quaker Avenue from 981h Street to south city
limits (50 mph —paved). An exhibit has been included to show the
changes.
The Traffic Engineering Department, Citizens Traffic Commission and the
Legal Department recommended approval of the first reading of this
ordinance.
(19.) Ordinance No. 2002-00116 abandoning and closing a drainage
easement in Tract 1, Jarvis -Williamson Addition to the City of
Lubbock (6201 Martin Luther King Jr., Boulevard) (first reading).
ORDINANCE NO. 2002-00116
AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE
EASEMENT LOCATED IN TRACT 1, JARVIS-WILLIAMSON ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance abandons and closes an east -west 20-foot drainage
easement that runs along the north property line of Tract 1, Jarvis -
Williamson Addition, which is located on the east side of Martin Luther
King Jr. Boulevard in the 6200 block. This easement was dedicated by
plat and is no longer needed by the City and the owners of the property
desire to build over it.
Right -of -Way Department recommended approval of first reading of this
ordinance.
(20•) Resolution No. 2002-RO452 authorizing the Right -of -Way Department
to make an offer to Weldon B. Dillard and wife, Wanda Peggy
Dillard, for a 0.50-acre tract of land located in Section 64, Block S,
Lubbock County, Texas, for a testing facility site for the Water
Utilities Department (FM 400 north of Slaton).
RESOLUTION NO.2005-RO452
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: for a testing facility site in conjunction with the treated effluent
discharge line on FM 400, and the City Council of said City finds it in the public interest and for
public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW
THEREFORE:
343
Regular City Council Meeting
October 24, 2002
Page 344
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to following described parcel of land located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
METES AND BOUNDS DESCRIPTION of a 0.500-acre tract of land located in Section
64, Block S, Lubbock County, Texas, being further described as follows:
BEGINNING at a 1/2 " iron rod with cap set for the Northeast corner of this tract, which
bears S. 89°48'43" W., a distance of 1053.03 feet from the Southeast corner of Section 1,
J.R. Robinson Survey;
THENCE S. 00011'l7" E., a distance of 147.58 feet to a 1/2 " iron rod with cap set for the
Southeast corner of this tract;
THENCE S. 89048'43" W., a distance of 152.72 feet to a 1/2 " iron rod with cap set in the
East right-of-way line of F.M. 400 for the Southwest corner of this tract;
THENCE Northeasterly, along the East right-of-way line of F.M. 400, around a curve to
the left, said curve has radius of 2924.80 feet, a central angle of 02°53'48", and a chord
bearing of N. 03°19100" E., a distance of 147.86 feet to a 1/2 " iron rod with cap set for the
Northwest corner of this tract;
THENCE N. 89048'43" E., a distance of 143.69 feet to the POINT OF BEGINNING.
SECTION 2. THAT the owners of above -described parcel of land being Weldon B.
Dillard and wife Wanda Peggy Dillard BE offered through the Right -of -Way Department of the
City of Lubbock the amount of $1,000.00 which is the amount appraised as the value and total
damages for the fee simple title, including all legal obligations attached thereto, for the use and
benefit of the City of Lubbock, 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 any or all such
parcels as hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Buc
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
This 0.50-acre tract of land is being purchased for the Water Utilities
Department to construct a 10 x 20 building for testing the water quality in
the treated effluent discharge line that parallels FM 400 east of the City of
Lubbock and north of Slaton as required by the Texas Commission on
Environmental Quality. This tract of land measures approximately 148
feet by 148 feet and is located along the east side of FM 400 three miles
north of Slaton. The Dillards have agreed to sell this tract to the City for
$1,000 after two adjacent owners refused.
This resolution also authorizes the City to institute condemnation
proceedings to acquire this property if the City's offer is refused.
Right -of -Way Department recommended approval of this resolution.
344
Regular City Council Meeting
October 24, 2002
Page 345
(21.) Resolution No. 2002-RO453 authorizing the Mayor to execute a
street -use license with Alec C. Lane and wife, Sara F. Lane, for the
use of a City street for a fence encroachment (6037 74th Street).
RESOLUTION NO.2002-RO453
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
associated documents with Alec C. Lane and Sara F. Lane for a wooden fence and
concrete parking pad encroachment. Said agreements are attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of the Agreements is filed with Resolution No. 2002-R0453.
Mr. and Mrs. Lane live at the southeast corner of Iola Avenue and 741h
Street. They moved to Lubbock a few months ago from California and
purchased this residential property because it had enough of a side yard on
the west side to park their motor home. They constructed a concrete pad
in the area west of their house and built a fence along what they thought
was the east right-of-way line of Iola Avenue. The street at this location
was constructed with a curb back sidewalk instead of a fence back
sidewalk and the fence was constructed next to the sidewalk instead of the
property line. This enclosed three feet of the nine -foot parkway of Iola
Avenue and the Lanes are using this three-foot area to park a part of their
motor home on. Due to the size and configuration of the motor home, this
is the only way the motor home can be parked next to the house.
The Lanes have requested that they be allowed to use this three feet of Iola
Avenue right-of-way for their motor home placement. If they sell the
motor home or move, the fence will be relocated to the property line and
this street use license will terminate. Total area of Iola Avenue
encroachment allowed by this license is 3.00 feet east to west X 48.5 feet
north to south for a total area of 145.5 square feet. The fence currently is
54.5 feet north to south but the Lanes will trim it back six feet to the south
as part of this license agreement.
The cost of this license will be the $50 per year minimum and the license
will be for 20 years.
Right -of -Way Department recommended approval of this resolution.
345
Regular City Council Meeting
October 24, 2002
Page 346
(22.) Resolution No. 2002-RO454 authorizing the Mayor to execute
Supplemental Agreement No. 2 of the Type R-Agreement with Texas
Department of Transportation for the maintenance and operation of
traffic signals by the City of Lubbock for the State of Texas.
RESOLUTION NO.2002-RO454
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, Supplemental Agreement
No. 2 to Agreement for the Installation and Reimbursement for the Operation and
Maintenance of Traffic Signals within a Municipality, dated August 11, 1994, by and
between the City of Lubbock and the Texas Department of Transportation and related
documents. Said Agreement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeryl HartJr.
Jeryl Hart, Jr., P.E., Traffic Engineer
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2002-RO454
This supplemental agreement will increase the amount of reimbursement
by about 12% per intersection and will add two additional locations:
Frankford Avenue/West Loop 289 and Slaton Highway/M.L.K./Southeast.
Loop 289. The reimbursement rate has not changed since the original
Type R- Agreement was signed in 1994. The Frankford intersection was
recently constructed and thus it needed to be added to this agreement. The
Slaton Highway/M. L. King Blvd./Southeast Loop 289 was omitted from
the original agreement because a portion of it included a city street
(M.L.K.), but staff has convinced TxDOT that the large majority of the
traffic and use is for a freeway frontage road and thus qualifies for
reimbursement. This supplemental agreement increases the annual
amount of this reimbursement from $45,704 to $56,820. Existing staff is
already doing most of this work, and no increase in staffing is anticipated.
An increase in materials was already anticipated and included in FY 2002-
03 budget.
Traffic Engineering Department and the Legal Department recommended
approval of this resolution.
(23.) Resolution No. 2002-RO466 authorizing the Mayor to execute a
Professional Services Contract with Parkhill, Smith & Cooper, Inc.
for the architectural and art design services and art fabrication and
installation for the "Crossroads in Time" project as recommended by
the Millennium Advisory Committee.
346
Regular City Council Meeting
October 24, 2002
Page 347
RESOLUTION NO.2002-R0466
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for Architectural Services,
by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and related
documents. Said Contract is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Corbin Pemberton
Corbin Pemberton
Community Projects Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-R0466.
This item was moved from Consent Agenda to Regular Agenda and
was considered following Item 38.
In December 1999, the City Council appointed the Millennium Advisory
Committee, comprised of seventeen members representing the diversity of
the community. The committee was charged with recommending at least
one project and funding source to commemorate the past 100 years of art,
architecture, heritage and history of Lubbock and the Llano Estacado. In
addition, the Committee was charged with recommending ways that the
Mackenzie Amphitheater can become a "world class, multi -dimensional
facility that meets the needs of numerous user groups and celebrates the
new millennium by reflecting the art, architecture, heritage, and history of
Lubbock and the Llano Estacado."
Over the course of the past two years, the Millennium Advisory
Committee met numerous times to review concepts for a project to
recommend and they selected a "Crossroads in Time" theme for the
project to commemorate the past. In 2001, the City Council approved
$290,000 for this project, with $60,000 earmarked for design and
$230,000 for construction.
In December 2001, the City entered into a professional services contract
with Parkhill, Smith and Cooper for the site selection and conceptual
design of the Millennium "Crossroads in Time" project. In February 2002,
the Millennium Advisory Committee overwhelmingly selected the County
Precinct site on East Broadway, adjacent to the proposed Mackenzie
Amphitheater, for the "Crossroads in Time" project site. This property,
which is owned by the South Plains Fair Association, is leased to the City
of Lubbock through 2037.
347
Regular City Council Meeting
October 24, 2002
Page 348
From March 2002 through September 2002, the Millennium Advisory
Committee completed its duties as charged by the City Council. At the
September 26, 2002 City Council work session, Cathy Porter, Chair of the
Millennium Advisory Committee, presented the Committee's final report,
including the recommendations for the "Crossroads in Time" project to be
constructed at the County Precinct Site.
To date, $41,205 has been spent toward design services for the
"Crossroads in Time" project. This contract, for the fabrication and
installation of the art as recommended by the Committee, includes an
additional $19,450 for engineering services related to drainage and
accessibility for the site, path lighting and the structural engineering of the
foundation design for the art.
The budget for this phase of the project is $240,000. Compensation under
this contract will be for $177,950 as follows:
Architectural/Engineering Services (A/E) $ 19,450
Artist Fee 28,500
Art Fabrication & Installation Expense 130,000
TOTAL $177,950
An initial minimum payment of $48,000 will be made upon execution of
the agreement. Subsequent payments will be made in five bi-monthly
payments of $18,333 plus a proportionate amount of the A/E fee. The
seventh and final payment of $18,335 will be paid upon project
completion.
The remaining project budget of approximately $62,000 will be utilized to
pay for the grading and lighting improvements that are being designed.
The lighting package is planned to be competitively bid, while the earthen
path will be performed by in-house labor with potential assistance from
the Montford Unit Trustees.
Upon Council approval of the contract, the fabrication is expected to begin
on November 1, 2002 with the final installation of the art in November
2003. Steve Teeters/St. Eligius Studio will fabricate to full scale the series
of six sculptures based on the models from the concept design. Once
fabricated, the sculptures will be installed by Steve Teeters. The artist will
have the copyrights and titles to all sculptures transferred to the City of
Lubbock when full payment has been received. In the event of
termination of the agreement, the artist will retain the title and all rights of
ownership.
Corbin Pemberton, Community Projects Manager, gave staff comments.
Staff recommended approval of this resolution.
Motion was made by Council Member Patterson, seconded by Council
Member Cooke to pass Resolution No. 2002-RO466 as recommended by
staff. Motion carried: 4 Yeas, 3 Nays. Council Members Boren,
Hernandez and Martin voted Nay.
The next item considered was Item 31.
(24.) Resolution No. 2002-RO455 authorizing the Mayor to execute a
Landscape Maintenance Agreement with South Plains Mall for
maintenance of the landscape enhancement of the northwest quadrant
at the intersection of Slide Road and South Loop 289.
RESOLUTION NO.2002-RO455
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a South Loop 289 Landscape
Maintenance Agreement and any associated documents between the City and South
Plains Mall, a copy of which Agreement is attached hereto and which shall be spread
348
Regular City Council Meeting
October 24, 2002
Page 349
upon the minutes of this Council and as spread upon the minutes of this Council shall
constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell, Parks and Recreation Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0455.
The Texas Department of Transportation has completed the construction
of the landscape improvements along South Loop 289. In 1999, then
Councilman Max Ince worked diligently to develop a process where
businesses could partner with the City of Lubbock to provide maintenance
of the landscape at the Loop turnarounds. Attached is an agreement
signed by a representative of South Plains Mall (sponsoring business) for
the maintenance of the northwest quadrant at the intersection of Slide
Road and South Loop 289.
The maintenance of the Loop turnarounds by sponsoring businesses will
allow for an enhanced level of maintenance. Along with the basic level of
service, the sponsoring business will be responsible for the purchase and
planting of flowers. A minimum of two plantings of seasonal flowers is
required per year. The sponsoring business can provide additional
plantings if they desire. Exhibit B outlines the maintenance standards that
the sponsoring business is required to perform.
Summary information of the agreement is as follows:
• The City agrees to participate in such project in an amount not to
exceed $1,985 annually.
• The sponsoring business agrees to perform maintenance according
to the standards shown on Exhibit B (attached).
• The term of the agreement is for five years.
• The sponsoring business may place advertising signs (no more
than two per quadrant) that will depict the logo of the sponsoring
business. The signs shall not exceed the dimensions of 24 inches x
18 inches.
• City shall provide water for irrigation as well as maintain the
irrigation system.
Staff recommended approval of this resolution.
(25.) Resolution No. 2002-R0456 authorizing the Mayor to execute a
License Agreement with Broadway Festivals, Inc. for the 2002 Lights
in the Canyon program to be held in Mackenzie Park.
349
Regular City Council Meeting
October 24, 2002
Page 350
RESOLUTION NO.2002-RO456
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a License Agreement, by
and between the City of Lubbock and Broadway Festivals, Inc. for holiday lighting and
all related documents. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell, Parks and Recreation Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims -
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0456.
On September 17, 2002, Broadway Festivals, Inc. (BFI) made a
presentation to City Council in regards to a holiday lighting program,
Lights in the Canyon, to be held in Mackenzie Park. The Lights in the
Canyon program will consist of lighted displays that can be viewed while
driving through the park. The entrance will be into Mackenzie Park at
Broadway and the exit will be at the I-27 Service Road.
The attached agreement between the City of Lubbock (City) and BFI
defines the responsibility of each organization.
Key elements of the agreement are as follows:
The event will be held from November 26, 2002 through
December 31, 2002.
The hours will be from 6:00 p.m. to 11:00 p.m.
• The City will provide labor for installation and archeological
clearance.
• LP&L will provide labor for installation, materials and electrical
service.
• BFI will provide a trenching machine for installation of the
electrical.
• BFI will provide volunteers to assist with installation and staffing
of the event.
The admission will be S8 per car and $50 per bus.
• BFI will pay 5% of the net revenue to the City.
• BFI will provide marketing and promotion of the event.
• BFI will include marketing for Santa Land including media
coverage, speaker's bureau, press releases, mailers, etc.
350
Regular City Council Meeting
October 24, 2002
Page 351
• BFI will provide the required insurance.
The Parks and Recreation Advisory Board recommended approval of this
event during their August 27 meeting.
Staff recommended approval of this resolution.
(26.) Resolution No. 2002-RO457 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Community
Development Funding Contract and all related documents between
the City of Lubbock and the Salvation Army from the Emergency
Shelter Grant for Operations.
RESOLUTION NO. 2002-RO457
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 Community Development
Funding Contract, by and between the City of Lubbock and Salvation Army for operation
of the shelter from the Emergency Shelter Grant Program and all related documents.
Said Agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0457.
Grantee: Salvation Army
Program: Operations
Funding Source: 2002-2003 Emergency Shelter Grant
Use of Funds: Funds will be used to assist in the operation of the shelter.
Expenses will include such items as utilities, insurance, etc.
Amount: $15,200
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant (100%
match)
Terms: October 1, 2002 through September 30, 2003
Comments: Funding for this contract was approved by City Council at
the June 27, 2002 City Council meeting. The contract is available for
review in the City Secretary's Office.
Community Development recommended approval of this resolution.
351
Regular City Council Meeting
October 24, 2002
Page 352
(27.) Resolution No. 2002-RO458 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Community
Development Funding Contract and all related documents between
the City of Lubbock and the Salvation Army from the Emergency
Shelter Grant for Homeless Prevention.
RESOLUTION NO.2002-RO458
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 Community Development
Funding Contract, by and between the City of Lubbock and Salvation Army to assist the
homeless with such items as prescriptions, food, etc. from the Emergency Shelter Grant
Program and all related documents. Said Agreement is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the
City Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0458.
Grantee: Salvation Army
Program: Homeless Prevention
Funding Source: 2002-2003 Emergency Shelter Grant
Use of Funds: Funds will be used to assist persons at risk of becoming
homeless.
Amount: $30,000
Match: 100%
Return of Investment: Not required for Emergency Shelter Grant (100%
match)
Terms: October 1, 2002 through September 30, 2003
Comments: Funding for this contract was approved by City Council at
the June 27, 2002 City Council meeting. The contract is available for
review in the City Secretary's Office.
Community Development recommended approval of this resolution.
(28.) Resolution No. 2002-RO459 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Community
Development Funding Contract and all related documents between
the City of Lubbock and the Salvation Army from the Emergency
Shelter Grant for Essential Services.
352
Regular City Council Meeting
October 24, 2002
Page 353
RESOLUTION NO.2002-RO459
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 Community Development
Funding Contract, by and between the City of Lubbock and Salvation Army to assist
persons at risk of becoming homeless from the Emergency Shelter Grant Program and all
related documents. Said Agreement is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0459.
Grantee: Salvation Army
Program: Essential Services
Funding Source: 2002-2003 Emergency Shelter Grant
Use of Funds: Funds will be used to assist the homeless with such items
as prescriptions, food, etc.
Amount: $23,300
Match:100%
Return of Investment: Not required for Emergency Shelter Grant (100%
match)
Terms: October 1, 2002 through September 30, 2003
Comments: Funding for this contract was approved by City Council at
the June 27, 2002 City Council meeting. The contract is available for
review in the City Secretary's Office.
Community Development recommended approval of this resolution.
(29.) Resolution No. 2002-RO460 authorizing the Mayor to execute an
Interlocal Agreement with the Texas Department of Mental Health
and Mental Retardation (MHMR) to construct a backflow prevention
assembly in the amount of $60,500 (3401 North University).
RESOLUTION NO. 2002-RO460
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Interlocal Cooperative
353
Regular City Council Meeting
October 24, 2002
Page354
Agreement, by and between the City of Lubbock and the Texas Department and Mental
Health Mental Retardation Agency (TDMHMR), and related documents. Said Agreement
is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Managing Director of Public Works
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0460.
The Texas Department of MHMR is installing backflow prevention
devices on the buildings on their Lubbock campus. They desire to have
the City of Lubbock install a backflow prevention assembly on the main
supply line to the campus. MHMR will pay the full cost of the installation that is estimated to cost $60,500.
Staff recommended approval of this resolution.
(30.) Resolution No. 2002-RO461 authorizing the Mayor of the City of
Lubbock to execute a Memorandum of Understanding defining roles
and responsibilities of the City of Lubbock and the Lubbock
Metropolitan Planning Organization.
RESOLUTION NO.2002-RO461
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 the behalf of the City Of Lubbock a Memorandum of
Understanding between the City of Lubbock and the Metropolitan Planning Organization,
defining roles and responsibilities of the City Of Lubbock and the Lubbock Metropolitan
Planning Organization and other related documents. Said Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 241h day of October, 2002
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
354
Regular City Council Meeting
October 24, 2002
Page 355
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
Development Services
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0461.
The Lubbock Metropolitan Planning Organization (MPO) is responsible
for the cooperative, comprehensive, and continuing transportation
planning process for the Lubbock Metropolitan Area. MPO's are required
to be established within urban areas that have a population of 50,000 or
greater by federal law (U.S. Title 23 or as it is commonly referred "The
Transportation Equity Act of the 21 S` Century — TEA-21)".
MPOs are governed by a Transportation Policy Committee, which, in the
case of the Lubbock MPO, contains representatives from the City of
Lubbock, City of Wolfforth, County of Lubbock, the Texas Department of
Transportation and Citibus.
The Memorandum of Understanding outlines the roles and responsibilities
of each entity as they relate to the Lubbock Metropolitan Planning
Organization. On adoption of new bylaws on October 3, 2002, the
Transportation Policy Committee of the Lubbock Metropolitan Planning
Organization committed to establishing fiscal and personnel management
agreements between itself and the City of Lubbock to identify respective
relationships, roles and responsibilities.
The City of Lubbock is the fiscal agent for the MPO and an agreement
needs to be in place that clearly outlines its roles and responsibilities in
support of the MPO for fiscal responsibilities.
The Lubbock MPO Transportation Policy Committee recommended
approval of this resolution.
(31.) Resolution No. 2002-RO467 authorizing the Mayor to execute an
amendment to the management agreement between APCOA/
Standard Parking and the City of Lubbock.
RESOLUTION NO.2002-RO467
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to a Parking
Management Agreement with APCOA/Standard Parking, Inc. extending the agreement
for operation of the parking facilities at Lubbock International Airport to November 30,
2002. Said Amendment is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
355
Regular City Council Meeting
October 24, 2002
Page 356
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Amendment is filed with Resolution No. 2002-R0467.
This item was moved from Consent Agenda to Regular Agenda and
was considered following Item 23.
The City of Lubbock is currently under contract with APCOA/Standard
parking for the management and operation of the parking facilities at
Lubbock International Airport. The agreement had an initial term of 30
days, expiring on September 30, 2002. The City entered into the 30-day
agreement to allow time for an external audit to verify APCOA's financial
position. The term of the agreement was amended to October 31, 2002, to
allow additional time for the external auditor to conduct the audit. Staff
has been advised by the external auditor that an additional 30 days will be
required to complete the audit. As such, this agenda item involves the
approval of an amendment to the management agreement for one
additional month, extending the term to November 30, 2002. The
proposed amendment is attached.
Anita Burgess, City Attorney, stated an additional month extension on the
contract has been requested in order to continue the audit. The time line is
for the last Council meeting in the month of November unless they have
recommendations to bring back to Council, which would restructure the
current working arrangement with APCOA.
The Airport Board and staff recommended approval of this resolution.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass Resolution No. 2002-RO467 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item 35.
ayor to
(32,) Resolution No. 202-R onst ucti n easementrtonMarket g the MLubbock, e execute
Inc. for
temporary
construction of a road at Lubbock International Airport.
This item was deleted.
(33.) Resolution No. 2002-RO462 authorizing the Mayor to execute a
Commercial Services Agreement with Cox Business Services to
provide the City of Lubbock, acting as the fiscal agent for Access
Lubbock, a 3Mbps Internet Service connection.
RESOLUTION NO.2002-RO462
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 Internet
Services, by and between the City of Lubbock and Cox Business Services, LLC, and
related documents. Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
356
Regular City Council Meeting
October 24, 2002
Page 357
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning-
Sharlett Chowning
Managing Director of Information Technology
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager Attorney
A copy of the Contract is filed with Resolution No. 2002-R0462.
The City of Lubbock and Access Lubbock, a partnership of
community -related, non-profit organizations, applied for and received a
Community Network Grant from the Telecommunications Infrastructure
Fund in March 2002. The organizations participating in the partnership
are:
• Boys and Girls Clubs of Lubbock — three locations
• Lubbock Housing Authority
• YWCA
• Maggie Trejo Super Center
• Mae Simmons Community Center
• Patterson Library
• Godeke Library
• Groves Library
• Mahon Library
The grant proposal consisted of the following four components to provide
technology to the Community Network partners:
• Wireless data communications between the partner sites and the
City's central Information Technology computer room.
• Video Conferencing equipment at strategically placed Community
Network partners.
• Streaming video training solution to allow patrons of the partner
sites online training opportunities.
-- • Internet connectivity, if desired, to allow high-speed Internet
access to the Community Network partners.
For Internet service, quotes were requested from three vendors: SBC
Datacom, Cox Business Services, and WorldCom. Following is a
summary of each company's quote:
357
Regular City Council Meeting
October 24, 2002
Page 358
Company
Monthly
Bandwidth
Term
Charge
WorldCom
$979
1.54Mbps
36 months
SBC Datacom
$799
1.54Mbps
24 or 36 months
Cox Business
$975
3.0Mbps
36 months
Services
Because of the expected bandwidth requirements of the video
conferencing and streaming video solutions, the best value is the service
from Cox Business Services, which allows almost twice the throughput at
only $176 more per month than the lowest price offered by the other
vendors.
Funding for the first year of the service is provided through the
Community Network grant. Subsequent years will be absorbed by the
Information Technology budget, which was agreed to during the grant
application process.
Staff recommended approval of this resolution.
(34.) Resolution No. 2002-RO463 expressing appreciation for service of
Laura Monroe as temporary/substitute judge, and appointing Jorge
Hernandez as new temporary/substitute judge.
RESOLUTION NO.2002-RO463
WHEREAS, sections 30.007 and 30.008 of the Government Code provides for the
appointment and assignment of temporary and substitute judges for municipal courts of
record; and
WHEREAS, Judge Laura J. Monroe has resigned her position as a temporary and
substitute judge of the Municipal Court of Record; and
WHEREAS, the City Council and the Presiding Judge of the Lubbock Municipal
Court of Record desire to express their appreciation for her service and to appoint a new
temporary and substitute judge for the Lubbock Municipal Court of Record; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock hereby expresses its
appreciation and gratitude to Laura J. Monroe for her service as a temporary and
substitute judge of the Lubbock Municipal Court of Record.
SECTION 2. THAT the City Council of the City of Lubbock hereby appoints
Jorge E. Hernandez as temporary and substitute judge of the Lubbock Municipal Court of
Record. This appointment shall be effective upon final passage of this Resolution by the
City Council of the City of Lubbock. The term of office shall be for two years and the
salary shall be as provided by the City of Lubbock budget ordinance for such position.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
358
Regular City Council Meeting
October 24, 2002
Page 359
APPROVED AS TO CONTENT:
/s/ Robert A Doty
Robert Doty, Presiding Municipal Judge
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
After serving both the City and County for fifteen years as a magistrate
(temporary/substitute judge for the City), Laura Monroe has resigned,
effective November 1, 2002. Her resignation will be accepted with deep
regret and enormous appreciation. As a result, the City needs to appoint a
new temporary/substitute judge. Judge Doty is nominating Jorge E.
Hernandez for Council approval.
Staff recommended approval of this resolution.
(35.) Resolution No. 2002-RO468 authorizing the Mayor to execute a
settlement agreement with Energas, a Division of Atmos Energy, in
Cause No. 2001-513945, The City of Lubbock, Texas and The West
Texas Municipal Power Agency vs. Stewart & Stevenson Energy
Products, Inc., aka S&S Energy Products, Inc., a Division of GE
Packaged Power, Inc., and Energas, a Division of Atmos Energy.
RESOLUTION NO.2002-RO468
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a settlement agreement with
Energas, a Division of Atmos Energy, in Cause No. 2001-513945, The City of Lubbock,
Texas and The West Texas Municipal Power Agency vs. Stewart & Stevenson Energy
Products, Inc. aka S&S Energy Products, Inc., a Division of GE Packaged Power, Inc.,
and Energas, a Division of Atmos Energy, 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 241h day of October, 2002.
/S/ MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul Thompson,
Director of Electric Utilities
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade
Assistant City Attorney
A copy of the Settlement Agreement is filed with Resolution No. 2002-R0468.
This item was moved from Consent Agenda to Regular Agenda and
was considered following Item 31.
359
Regular City Council Meeting
October 24, 2002
Page 360
The City of Lubbock and the West Texas Municipal Power Agency filed a
lawsuit on May 18, 2001 against G.E. and Energas for damages suffered
when debris was blown into an electric generating gas turbine at
Massengale Station. Energas, through a contract with the City of
Lubbock, constructed the gas line feeding the turbine at Massengale
Station. Last month, the City and the WTMPA settled with G.E. leaving
Energas as the sole defendant in the lawsuit. Trial on this matter is
currently set for October 21, 2002.
Through negotiations conducted by the Mayor, the Mayor Pro Tern and
the City Manager, Energas has agreed to pay $400,000 to the City and the
WTMPA to settle this case.
Matt Wade, Assistant City Attorney, gave summary of the settlement.
Staff recommended approval of this resolution.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass Resolution No. 2002-RO468 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item 36.
(36.) Resolution No. 2002-RO469 authorizing the Mayor to execute a
settlement and release with Gelber & Associates, Corp.
RESOLUTION NO.2002-RO469
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a settlement agreement with
Gelber and Associates, Corp., which is 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 241" day of October, 2002.
S/ MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul Thompson,
Director of Electric Utilities
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade
Assistant City Attorney
A copy of the Settlement Agreement is filed with Resolution No. 2002-R0469.
This item was moved from Consent Agenda to Regular Agenda and
was considered following Item 35.
The City of Lubbock entered into a contract with Gelber and Associates,
Corp., to provide consulting services to the City's municipally owned
electric utility, Lubbock Power and Light, for the purchase of LP&L's
natural gas supply. The City terminated the contract with Gelber on
January 23, 2002, effective February 28, 2002. Prior to termination,
360
Regular City Council Meeting
October 24, 2002
Page 361
Gelber entered into a number of gas futures contracts on behalf of the
City. The City sold those contracts immediately upon receiving notice of
Gelber's action.
Gelber submitted a claim to the City for $195,639.10 alleging that they
were entitled to compensation for the gas futures contracts they entered
into on behalf of the City. The City denies that Gelber had the authority to
enter into such contracts
In an effort to avoid the inconvenience, distractions, uncertainties and
expenses attendant to litigation and trial, the Parties have tentatively
agreed to enter into a Settlement Agreement to settle all claims for
$105,000.
Matt Wade, Assistant City Attorney, gave comments.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2002-RO469 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item 39.
(37.) Resolution No. 2002-R0464/BID #163-02/RS—for Street Light Pole
Construction —Annual Pricing (Electric Distribution).
RESOLUTION NO.2002-0464
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Letter of Award for street
light pole construction — annual pricing — per ITB Bid #163-02/RS, by and between the
City of Lubbock and S & H Metal Works & Manufacturing, Inc. of Lubbock, Texas, and
related documents. Said Letter of Award is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 24th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0464.
This bid establishes annual pricing for residential and thoroughfare street
light pole construction. These poles include residential lighting,
thoroughfare lighting, and Loop 289 lighting. Thoroughfare and Loop 289
lighting has both single arm and double arm construction. The materials
required to construct these poles have been purchased on a separate bid
and will be supplied by Lubbock Power & Light to the contractor.
361
Regular City Council Meeting
October 24, 2002
Page 362
The low bid is $34,355 from S&H Metal Works, Inc. of Lubbock, Texas
and is within the System Maintenance -Street Lighting budget.
(38.) Resolution No. 2002-R0465/ BID #173-02/RS—for Four Post Drive On
Type Truck Hoist (Fleet Services).
RESOLUTION NO.2002-RO465
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a four
post drive on type truck hoist, by and between the City of Lubbock and Mohawk
Resources, Ltd. of Amsterdam, New York, and related documents. Said Purchase Order
is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 25th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0465.
This bid will provide for the purchase of a four -post drive -on type truck
hoist for the Fleet Services Department.
The low bid is $26,875 from Mohawk Resources Ltd. of Amsterdam, New
York and is within the Professional Services -Truck Hoist budget.
Next item to be considered was Item 23.
(39.) Resolution No. 2002-R0470; Resolution No. 2002-R0471BID #215-
02/BM—for Bottled Water & Water Treatment Systems —Annual
Pricing (Land Application).
RESOLUTION NO.2002-RO470
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Letter of Award for
bottled water and water treatment systems - annual pricing per ITB #215-02/BM, by and
between the City of Lubbock and Clear Water Company of Lubbock, Texas and related
documents. Said Letter of Award is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
362
Regular City Council Meeting
October 24, 2002
Page 363
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0470.
RESOLUTION NO. 2002-RO471
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Letter of Award for
bottled water and water treatment systems - annual pricing per ITB #215-02/13M, by and
between the City of Lubbock and Culligan of Lubbock, Texas and related documents.
Said Letter of Award is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-RO471.
This item was moved from Consent Agenda to Regular Agenda and
was considered following Item 36.
This bid establishes annual pricing to provide water delivery to residents
in the vicinity of the Lubbock Land Application Site. Services include the
363
Regular City Council Meeting
October 24, 2002
Page 364
delivery of bottled water to residents and small commercial businesses and
the installation and maintenance of water purification systems to larger
commercial businesses.
Contract term is for one year with four one-year options. Low bids are
from the following companies:
Clear Water Company of Lubbock, TX $12,852 per year
Culligan of Lubbock, TX $ 3,540 per year
The annual cost for services is within the Land Application Operations
Center budget.
Terry Ellerbrook, Director of Public Works, gave staff comments.
Motion was made by Council Member Morrison, seconded by Council
Member Cooke to pass Resolution Nos. 2002-RO470 and 0471 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Staff recommended award of each bid to the bidder as indicated on the tab
sheets and award of each contract as shown on the resolutions and that the
Mayor be authorized to execute all documents necessary for each
transaction.
ORDINANCE FOR PASSAGE
Second Reading
(40.) ORDINANCE #2002-00109—ZONE CASE NO. 2945 (south of
Erskine Street and east of North Dover Avenue): Request of Hugo
Reed and Associates, Inc. (for Erdon Corporation) for a zoning
change from R-1 to R-2 Specific Use for 20-foot front setbacks for
duplexes and reduced setbacks at cul-de-sacs on an unplatted 19-acre
tract of land out of Section 1, Block J-S (second and final reading).
ORDINANCE NO.2002-00109
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2945; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE AND R-2 SPECIFIC USE ZONING ON AN UNPLATTED 19-ACRE
TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Council Member Cooke, seconded by Council
Member Patterson to pass on second and final reading Ordinance No.
2002-00109 as recommended by staff. Motion carried: 6 Yeas, 1 Nays.
Council Member Hernandez voted Nay.
Council Member Hernandez requested that the City Secretary mark the
ordinances scheduled for second readings, especially if they are not
unanimous on the first vote, so Council Members can be consistent in their
voting patterns.
11:15 A.M. PUBLIC HEARINGS
(41.) ORDINANCE NO. 2002-0 - ZONE CASE NO. 1542-Q (7020
Quaker Avenue): Hold a pubic hearing to continue request of
Hartford Lubbock Limited Partnership II for a zoning change from
C-2 and C-4 Specific Use to C-3 and C-4 Specific Use for an
automobile glass shop on a portion of Lots 2-A and 1-A-2, Furr-Wolf
Addition.
This zone case was denied.
Mayor McDougal opened the public hearing at 11:15 a. in. Joe McKay,
architect, appeared on behalf of Hartford Lubbock Limited Partnership II.
Bill Egert, previous owner of Zip Auto Glass appeared in opposition. He
is still responsible for the lease. Mayor McDougal closed the hearing at
11:20 a. in.
364
Regular City Council Meeting
October 24, 2002
Page 365
The request would relocate a shop specializing in auto glass replacement
from a pad in the parking lot to the main line of the shopping center
building.
Land use is commercial in all directions.
The project is reasonably consistent with the Comprehensive Land Use
Plan and zoning policies. The Plan suggests that C-4 is best located
adjacent to regional highways, which would include the Loop. In
addition, the proposal does not include open C-4, but requests a limitation
to one entry — "automotive glass shop". While the request was filed as a
Specific Use permit, the staff proposed amending the request to C-4
limited to an automotive glass shop and all permitted C-3 uses. The site
plan usually a part of Specific Use is not an issue in this case. The
overhead doors are proposed only at the south wall of the shopping center
(the back side), not the wall that faces west and is visible from Salem.
The second part of the request would rezone the current C-4 specific use
site as C-3 consistent with the balance of the shopping center.
The request will not affect the thoroughfare system. In the opinion of the
owner of the shopping center, sufficient parking exists on the lot adjacent
to the back of the building to accommodate customer vehicles.
During the first hearing, the contention was made by Bill Egert that the
business owner is not in agreement with the move. The staff talked to Mr.
Maddox and he indicates that he is not excited about the move, but he did
agree to the move in a contract extension, Mr. Egert signed that same
contract. A copy of the contract is in file.
The Planning Commission recommended approval of the request with two
conditions on the C-4 portion:
1. That it be limited to an automotive glass shop and all permitted C-
3 uses.
2. That the two overhead doors shall be located on the south wall.
Randy Henson, Senior Planner, gave staff comments.
Staff recommended approval of this ordinance.
Motion was made by Council Member Martin, seconded by Council
Member Boren to deny this zone change. Motion carried: 7 Yeas, 0 Nays.
(42.) ORDINANCE NO. 2002-0 /ZONE CASE NO. 1281-E (3702 Slide
Road): Hold a public hearing to consider request of James H. Dirks
for City Bank for a zoning change from IHC to C-4 for an off -premise
electronic message sign on Lot 2 less the north 481 square feet, Five
Points Addition, and to consider ordinance.
This item was continued.
Randy Henson, Senior Planner, stated a request had been made by City
Bank and David Langston to continue this case until the second meeting in
November.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to continue this case until the second Council meeting
in November. Motion carried: 7 Yeas, 0 Nays.
(43.) ORDINANCE No. 2002-00117 - ZONE CASE NO. 2949 (102 FM
2641): Hold a public hearing to consider request of Ernesto and
Reyes Cantu for a zoning change from R-1 to C-2 on the east 173.17
feet of Block 5, Teal Addition.
ORDINANCE NO. 2002-00117
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2949; A ZONING CHANGE FROM R-1 TO C-2
ZONING ON THE EAST 173.17 FEET OF BLOCK 5, TEAL ADDITION, LUBBOCK,
365
Regular City Council Meeting
October 24, 2002
Page 366
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:23 a. in. Rosanna
Cantu appeared on behalf of Ernesto and Reyes Cantu. No one appeared
in opposition. Mayor McDougal closed the hearing at 11:25 a. in.
The request will accommodate a restaurant that is being relocated by the
Airport Entryway Project. The proposed location is on FM 2641 just west
of I-27 on the north side.
Adjacent land uses:
North vacant
South — vacant
East vacant
West — vacant
The proposal is consistent with the Comprehensive Land Use Plan. The
parcel is within an area designated as IDP (industrial park) on the Plan.
All commercial districts are "picked up" within IDP District. The
development will meet the standards for C-2 zoning.
The project should have little impact on traffic in the area.
The Planning Commission recommended approval of the request.
Staff recommended approval of this ordinance.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2002-00117 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(44.) Ordinance No. 2002-00118 - ZONE CASE NO. 1153-M (5211
Brownfield Highway): Hold a public hearing to consider request of
CoNetrix/Marvin Crossnoe (for City Bank/Cory Newsom) for a
zoning change from IHC to IHC Specific Use for a 190-foot
communications tower on Tract 2 of Lot C, Security Park
Development Addition.
ORDINANCE NO. 2002-00118
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1153-M; A ZONING CHANGE FROM IHC TO IHC
SPECIFIC USE FOR A 190 FOOT COMMUNICATIONS TOWER, ZONING ON
TRACT 2 OF LOT C, SECURITY PARK DEVELOPMENT ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Pro Tem Hernandez opened the public hearing at 11:25 a. in. No
one appeared on behalf of zone case. No one appeared in opposition.
Mayor Pro Tern Hernandez closed the hearing at 11:25 a. in.
The proposal will enable City Bank to establish a broadband microwave
communication network with branch banks.
Adjacent land uses:
North
commercial
South
commercial and apartments
East
commercial
West
— commercial
The proposal does not rise to the level of a Comprehensive Land Use Plan
discussion. The area is zoned Interstate Commercial.
The Specific Use District has a number of items that the proponent of a
new tower are asked to specify:
366
Regular City Council Meeting
October 24, 2002
Page 367
• Encourage towers in non-residential areas — this tower is in a
commercial area, although it is adjacent to an apartment -zoned
parcel.
• Joint use there are no adjacent towers to facilitate the joint use.
• Location where adverse effect is minimal, the tower location is in
an area south of an established parking lot and is screened from
Brownfield Highway at grade with a row of evergreen trees.
• The tower will be a monopole with a design to facilitate other users
that do not interfere with bank transmission of data.
• The one guideline not completely achieved by the bank is the
tower being located a distance equal to the height from a
residential structure. In this instance the distance from the base to
the adjacent apartment is 109 feet for a 190-foot tower.
The proposed location is preferable to one further west that could meet the
fall distance, but would then be directly north across 38t" Street from a
row of single-family homes. The proposed location is at the back of an
apartment complex.
No one appeared other than the proponent at the public hearing.
The proposal will have no adverse effect on traffic.
The Planning Commission recommended approval of the request.
Staff recommended approval of this ordinance.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2002-00118 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal had left the dais.
(45.) Ordinance No. 2002-00119 - ZONE CASE NO. 1834-B (northeast
corner of Frankford Avenue and Erskine Street): Hold a public
hearing to consider request of Hugo Reed & Associates (for Lieven
Van Riet) for a zoning change from C-2 and A-1 to R-2 and C-2 on an
unplatted 2.15-acre tract of land (proposed C-2) and an unplatted
6.37-acre tract of land (proposed R-2) out of Section 6, Block J-5.
ORDINANCE NO. 2002-00119
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1834-B; A ZONING CHANGE FROM C-2 AND A-1
TO R-2 AND C-2 ZONING ON AN UNPLATTED 2.15-ACRE TRACT OF LAND
AND AN UNPLATTED 6.37-ACRE TRACT OF LAND OUT OF SECTION 6,
BLOCK J-5, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor McDougal returned to the dais.
Mayor McDougal opened the public hearing at 11:26 a. m. Bernie Gradel,
Hugo Reed & Associates, appeared on behalf of Lieven Van Riet. Scott
Womack, Coldwell Banker Commercial, also appeared in favor of the
case. No one appeared in opposition. Mayor McDougal closed the
hearing at 11:30 a. in.
The proposal would diminish the current commercial and apartment
zoning at Erskine and Frankford and provide for development of duplex
lots in a manner similar to the area south of Erskine. A strip of
commercial will be maintained along Frankford and a portion of Erskine.
367
Regular City Council Meeting
October 24, 2002
Page 368
Adjacent land use:
North
duplex
South
— duplex
East —
duplex
West
— vacant
The request represents a minor change to the Comprehensive Land Use
Plan because policy commercial is being revised to residential.
With the surrounding streets of North Elkhart and Harvard being
developed as duplex units, as well as the area to the south, the request has
little zoning policy to discuss. One person on North Englewood south of
Erskine submitted a concern, but the land north of Erskine at Englewood
is currently zoned C-2 which would create more traffic than the proposed
R-2. In addition, the project will be across a future seven -lane
thoroughfare.
The proposal will have no unanticipated effect on the future thoroughfare
system. One item of concern for what will probably become strip
commercial with individual lot owners and free standing buildings is the
potential for curb cuts. In theory twenty-two drive cuts could be located
on Frankford under current code (two cuts for the first 100 feet of a lot, the
parcel is 1,180 long and could be platted into eleven 100 foot lots). The
staff requested consideration of a limitation of four on Frankford and two
on Erskine, which would be the probable number if the property were
developed as a single unit.
The Planning Commission recommended approval of the request with a
minor change to the Comprehensive Land Use Plan and subject to the
following conditions:
1. A limit of four curb cuts on Frankford between Erskine and
Harvard and two curb cuts on Erskine.
2. A five-foot minimum setback for non -garage portions of structures
between Frankford Avenue and the east line of the C-2 (parcel 1)
on cul-de-sacs.
Staff recommended approval of this ordinance.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2002-00119 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(46.) Ordinance No. 2002-00120 - ZONE CASE NO. 2950 (south of Erskine
Street and east of Chicago Avenue): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for Erdon
Development) for a zoning change from R-1 to R-2 Specific Use for
duplexes with 20-foot front setbacks, 5-foot front setbacks, on cul-de-
sac lots, and 5-foot side setbacks on corner lots on an unplatted 25.9-
acre tract of land out of Section 1, Block J-S.
ORDINANCE NO.2002-00120
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2950; A ZONING CHANGE FROM R-1 TO R-2
SPECIFIC USE ZONING FOR DUPLEXES, ON AN UNPLATTED 25.9-ACRE
TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:31 a. in. Bernie Gradel,
Hugo Reed & Associates, appeared on behalf of Erdon Development.
Van Wilson, developer, also spoke in favor. No one appeared in
opposition. Mayor McDougal closed the hearing at 11:35 a. in.
The request will accommodate an area of duplex development east of a
request considered last month.
Regular City Council Meeting
October 24, 2002
Page 369
Adjacent land use is vacant in all directions.
The request is consistent with the Comprehensive Land Use Plan and
zoning policy.
The project should have little effect on the thoroughfare system that is not
anticipated.
The Planning Commission recommended the request as R-2 Specific Use
with three conditions:
1. A twenty -foot front setback on non -cul-de-sac lots.
2. A five-foot minimum setback for non -garage portions of structures
on cul-de-sac lots.
3. A five-foot side setback for corner lots for both the structure and
fence adjacent to a street.
Staff recommended approval of this ordinance.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass on first reading Ordinance No. 2002-00120 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(47.) Ordinance No. 2002-00121 - ZONE CASE NO. 2951 (southeast
corner of 1091h Street and Frankford Avenue): Hold a public hearing
to consider request of Hugo Rend and Associates, Inc. (for Rothwell
Development, Ltd.) for a zoning change from T to A-2 limited to a
church and church -related uses on an unplatted 31.3-acre tract out of
Section 21, Block AR.
ORDINANCE NO.2002-00121
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2951; A ZONING CHANGE FROM T TO A-2
ZONING LIMITED TO CHURCH USES,ON AN UNPLATTED 31.3-ACRE TRACT
OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 11:35 a. m. Bernie
Gradel, Hugo Reed & Associates, appeared on behalf of Rothwell
Development, Ltd. No one appeared in opposition. Mayor McDougal
closed the hearing at 11:36 a. m.
When the City annexed the area in Southwest Lubbock in 1999, this
church was picked up in the process.
Land use is vacant in all directions with the exception of a residential to
the northeast across Frankford.
The proposal is consistent with Comprehensive Land Use Plan policies for
locating church tracts and with zoning policy.
The church will not significantly affect the thoroughfare system.
The Planning Commission recommended approval of the request subject
to the following condition:
Limited to a church and church related uses.
Staff recommended approval of this ordinance.
Motion was made by Council Member Morrison, seconded by Council
Member Boren to pass on first reading Ordinance No. 2002-00121 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
369
Regular City Council Meeting
October 24, 2002
Page 370
(48.) Ordinance No. 2002-00122 - ZONE CASE NO. 2952 (north of
Erskine Street and east of Slide Road): Hold a public hearing to
consider request of Burl Masters (for McDougal Construction) for a
zoning change from R-1 to C-2, C-3, A-2, R-2, and R-1 Specific Use
for townhouses on an unplatted 106-acre tract of land out of Section 5,
Block J-S.
ORDINANCE NO.2002-00122
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2952; A ZONING CHANGE FROM R-1 TO C-2, C-3,
A-2, A-1, R-2, and R-1 SPECIFIC USE ZONING ON AN UNPLATTED 106-ACRE
TRACT OF LAND OUT OF SECTION 5, BLOCK J-S, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Pro Tern Hernandez opened the public hearing at 11:37 a. in. Burl
Masters appeared on behalf of McDougal Construction. No one appeared
in opposition. Mayor Pro Tem Hernandez closed the hearing at 11:39 a.
in.
The request is a comprehensive zone case on three quarters of a square
mile west of North Quaker and north of Erskine. The proposed
development includes a range of residential and commercial uses as well
as a proposed school and park site.
Adjacent land uses:
North — primarily vacant
South vacant
East — Quaker Avenue on the north half and residential on the
south half
West vacant
The request is consistent with both the Comprehensive Land Use Plan and
zoning policies.
Only two items merit much discussion:
1. The interior apartment tract should be A-1 versus A-2. The lower density
of A-1 and the two-story limitation is a better fit for the interior of the
subdivision.
2. Slide is being relocated to the east of the section line. This move is
motivated by the desire to have access to the new thoroughfare from two
sides of the development versus the connection on just the west if located
on the section line. At present, no preliminary plats are proposed for the
land to the west, and the developer wants the full width thoroughfare in
place. The proposed islands will require City Council approval because of
maintenance. When the land to the west does develop, staff may need to
consider a portion of that property at the corner of the section for
commercial as they are allowed by the current policy. Slide may be offset
at this location when the land north of Ursuline develops, the owner(s)
may choose to continue this offset, or swerve the street back to the section
line. Slide will intersect the Clovis Highway less than a mile to the north.
That area is currently out of the city limits.
The project will have no more than the anticipated effect on the
thoroughfare system. North Quaker is installed full width, Erskine will be
upgraded to a seven -lane facility as development occurs and capital
funding is approved by the City Council.
The Planning Commission recommended approval of the request subject
to the following conditions:
1. Within the R-1 Specific Use portion west of North Utica the front
minimum setback for lots adjacent to a cul-de-sac shall be five feet
with the exception of a garage portion of the structure.
370
Regular City Council Meeting
October 24, 2002
Page 371
2. On the C-2 and C-3 parcels, the Planning Commission will review
a site plan with architectural and landscape details prior to a
construction permit.
Staff recommended approval of this ordinance.
Motion was made by Council Member Cooke, seconded by Council
Member Patterson to pass on first reading Ordinance No. 2002-00122 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
ADMINISTRATIVE SERVICES
Human Resources
(49.) Resolution No. 2002-RO472 directing the City Manager to grant
military leave and to pay supplemental pay in an amount necessary to
ensure no loss in wages between military pay and employees' gross
wages (excluding overtime) to all full-time employees who are called
to active duty to serve our country and authorizing the use of accrued
leave balances after all military leave is used.
RESOLUTION NO.2002-RO472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LUBBOCK, TEXAS, DIRECTING THE CITY MANAGER TO GRANT
MILITARY LEAVE AND TO PAY SUPPLEMENTAL PAY IN AN
AMOUNT NECESSARY TO ENSURE NO LOSS IN WAGES BETWEEN
MILITARY PAY AND EMPLOYEES' GROSS WAGES (EXCLUDING
OVERTIME) TO ALL FULL-TIME EMPLOYEES WHO ARE CALLED
TO ACTIVE DUTY TO SERVE OUR COUNTRY AND AUTHORIZING
THE USE OF ACCRUED LEAVE BALANCES AFTER ALL MILITARY
LEAVE IS USED
WHEREAS, the City of Lubbock wishes to express its appreciation of the service
and dedication of employees called to serve our country; and
WHEREAS, the City of Lubbock deems it appropriate and in the best interest of
the City to grant paid military leave in an amount necessary to ensure no loss in wages
between military pay and gross wages less car allowance and expense allowance for all
full-time employees who are called to active duty in the U.S. Armed Forces or State
National Guard;
WHEREAS, the City of Lubbock deems it appropriate to allow the use of accrued
paid leave balances including vacation, holiday, and compensatory leave to supplement
the difference between military pay and gross wages less car allowance and expense
allowance once all military leave is utilized.
WHEREAS, the City of Lubbock deems it appropriate, in the public interest, and
in the best interest of the City to grant "Supplemental Pay" to all full-time employees
called to active duty in an amount necessary to ensure no loss in wages between military
pay and the employee's gross wages less car allowance and expense allowance after the
date the full-time employee exhausts all vacation, holiday and compensatory time as
hereafter provided.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1. That the City of Lubbock hereby directs the City Manager to grant
paid military leave in an amount necessary to ensure no loss in wages between military
pay and gross wages less car allowance and expense allowance to all full-time employees
who are called to active duty to serve our country.
371
Regular City Council Meeting
October 24, 2002
Page 372
SECTION 2. That the City of Lubbock hereby authorizes the use of accrued
leave balances, including vacation, holiday and compensatory time, to supplement
military pay once all military leave is utilized.
SECTION 3. That the City of Lubbock further hereby directs the City Manager
to grant Supplemental Pay without accrual of vacation or sick leave to all full-time
employees called to active duty, in an amount necessary to ensure no loss in wages
between military pay and the employee's gross wages from the date the full-time
employee exhausts all vacation, holiday, and compensatory time as provided in Section 2
hereof. Supplemental Pay for full-time employees who are called to active duty to serve
our country shall be reviewed, on an annual basis, during the City's budget process. The
Supplemental pay provided for in this Resolution shall expire on September 30, 2003.
SECTION 4. That the City of Lubbock hereby authorizes this resolution to take
effect immediately for and after its passage.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary House
Mary House, Director of Human Resources
APPROVED AS TO FORM:
/s/ John M. House
John M. Knight, Assistant City Attorney
As pertaining to employees who are called to active military duty,
Councilman Boren is requesting that the City pay the difference between
the employee's base pay and their military salary for the duration of their
active duty. Mayor Marc McDougal agreed with the concept but suggests
there be a one-year limit. Last November, the Human Resources
Department used a survey of 30 cities to determine what was being done
in other municipalities. Cities varied from 90 days to one year on the
length of time they would supplement pay. This survey was recently
updated and is attached for review. Sixteen cities provide supplemental
pay with the majority of them providing it for 6 months.
In November 2001, it was estimated that 32 employees were eligible to be
called. A few have been called and returned. The updated survey
indicates 38 employees are eligible for recall and estimated rates of pay
from the military are compared to their city salary. If all 38 employees
were recalled, the estimated annual cost would be $608,855, which is an
average of 35.52% of their annual salaries. However, this would come out
of already budgeted salaries so the budget would not be impacted for these
line items. Overtime costs would increase but that amount has not yet
been determined and it is doubtful that it would be more than the budgeted
monies. The majority of overtime would be in the Fire and Police
Departments.
Staff does not have a recommendation on this issue. Under the Texas
Constitution, the Council must determine that this is a public purpose in
order to expend these monies. Supplemental pay cannot be retroactively
applied. The term of this benefit must be stated.
372
Regular City Council Meeting
October 24, 2002
Page 373
Motion was made by Council Member Boren, seconded by Council
Member Martin to pass this resolution with the addition that this be
reviewed on an annual basis as recommended by staff.
Mary House, Director of Human Resources, made a staff recommendation
that this be changed: Between military pay and gross wages, less car
allowance and expense allowance.
After discussion, Council Members Boren and Martin agreed to amend the
motion to read as follows: That we adopt Resolution No. 2002-RO472 to
grant military leave and to pay supplemental pay in an amount necessary
to ensure no loss in wages between military pay and employees' gross
wages, less car allowance and expense allowance, to all full-time
employees who are called to active duty to serve our country; and
authorizing the use of accrued leave balances after all military leave is
used to be reviewed on the City's fiscal year. Motion carried: 6 Yeas, 1
Nay. Council Member Hernandez voted Nay.
(50.) Resolution No. 2002-R authorizing the Mayor to execute a
contract with an insurance carrier to provide services for a group
health insurance plan.
This item was deleted.
(51.) Resolution No. 2002-RO473 to convey lots through the 2002-2003
Urban Renewal Land Rush Program and to adopt the (1) Urban
Renewal Agency Policy & Procedures for setting up the 2002-2003
Urban Renewal Land Rush Program and (2) Urban Renewal Agency
2002-2003 Urban Renewal Land Rush Program Time Limit Policy
for purchasing eligible single-family lots.
RESOLUTION NO.2002-RO473
WHEREAS, the Urban Renewal Land Rush Program is proposing that lots owned
by the Urban Renewal Agency be marketed through the Policy & Procedure for Setting
up the 2002-2003 Urban Renewal Land Rush Program to accomplish growth in the
Northeast side of Lubbock; and
WHEREAS, the City of Lubbock is dedicated to the development of Northeast
Lubbock and to provide its citizens with affordable single-family residential lots; and
WHEREAS, the City of Lubbock supports the program as identified in the Urban
Renewal Land Rush Program, to accomplish growth, infill development in
neighborhoods and properties with improvements back on the tax roles, for the fiscal year
2002-2003 Urban Renewal Land Rush Program; and
WHEREAS, the City of Lubbock would show its support by:
1) Adopting the Urban Renewal Agency Policy & Procedures for Setting up
the 2002-2003 Urban Renewal Land Rush Program; and
2) Adopting the Urban Renewal Agency 2002-2003 Urban Renewal Land
Rush Program Time Limit Policy for Purchasing Eligible Single -Family
Lots.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City of Lubbock does hereby support and authorize the City of
Lubbock Urban Renewal Agency to adopt the Policy and Procedures for Setting up the
2002-2003 Urban Renewal Land Rush Program and the 2002-2003 Urban Renewal Land
Rush Program Time Limit Policy to promote and enhance the City of Lubbock.
373
Regular City Council Meeting
October 24, 2002
Page 374
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney, Community Development Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy Sims, Assistant City Attorney
The Urban Renewal Board of Commissioners held a Special Urban
Renewal Agency Board Meeting on Tuesday, September 24, 2002 to
consider a request by Mayor Marc McDougal to develop a special
program to market lots owned by the Urban Renewal Agency. One of
Mayor McDougal's goals is to develop Northeast Lubbock. Building
affordable housing in this area would be a tremendous step in furthering
this effort. Since the Urban Renewal Agency owns several lots in
Northeast Lubbock, a Program called the 2002-2003 Urban Renewal Land
Rush has been devised to help dispose of Urban Renewal Lots and to
market all available single-family residential lots through this program.
(See Exhibit 1 for Urban Renewal Agency (URA) Policy & Procedures for
setting up the 2002-2003 Urban Renewal Land Rush Program for
Obtaining Vacant Eligible Single Family Residential Lots. See Exhibit 2
for the list of all available lots and the current approved price of each lot.
See Exhibit 3 for list of lots for Urban Renewal Land Rush stating no
minimum price. See Exhibit 4 for a map of available Single -Family
Residential Lots. See Exhibit 5 for the Urban Renewal Agency 2002-2003
Urban Renewal and Rush Program Time Limit Policy for Purchasing
Eligible Single -Family Residential Lots.)
The Urban Renewal Board of Commissioners approved this item on
September 24, 2002.
The special marketing of these lots will increase affordable housing in
Northeast Lubbock, provide infill development in neighborhoods, provide
properties with improvements back on the tax roles and save the cost of
weed mowing yearly on each lot.
Staff recommended approval of this resolution.
Nancy Haney, Manager, Community Development, gave staff comments..
Motion was made by Council Member Patterson, seconded by Council
Member Cooke to pass Resolution No. 2002-R0473 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Morrison had left the dais.
(52.) Resolution No. 2002-R0474 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Funding
Agreement for the Section 108 Loan Program between the City of
Lubbock and the U.S. Department of Housing and Urban
Development.
374
Regular City Council Meeting
October 24, 2002
Page 375
RESOLUTION NO. 2002-RO474
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 Funding Agreement for
the Section-108 Loan Program, by and between the City of Lubbock and United States
Department of Housing and Urban Development. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
is/ Nancy Haney
Nancy Haney, Community Development Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0474.
Council Member Morrison returned to the dais.
Community Development staff has received formal written notification
that the City of Lubbock's Section-108 loan application has been approved
by the U.S. Department of Housing and Urban Development. The
application will allow for the injection of $2,000,000 in federal funds into
Lubbock to be used for a Housing Rehabilitation Program. By signing
this agreement, the City acknowledges its desire to continue with the loan
process.
The agreement serves as a counter offer from HUD that outlines
amendments to the original loan application submitted by the City. By
executing this agreement, the City agrees to the stipulations offered by
HUD. The next step in the loan process will be the review and execution
of the actual contract. Upon completion, Staff will submit the final
contract to Council for approval.
The Funding Agreement amends the original application in the following
ways:
1. Approves the amount of loan guarantee commitment for the
project.
2. The offer will expire if the City has failed to submit notes or other
_ obligations for inspection and guarantee by the Secretary of the
Department of Housing and Urban Development before July 31,
2003.
3. The repayment schedule for the guaranteed loan must be
acceptable to HUD.
4. The Borrower shall provide additional security for the guaranteed
loan and such additional security must be acceptable to HUD. As
additional security, the City will offer a first or second priority lien
375
Regular City Council Meeting
October 24, 2002
Page 376
on the real property to be improved and the City will set aside up
to $250,000 in revolving loan fund program income in an escrow
account to cover any shortfall.
5. Prior to submitting notes or other obligations for inspection and
guarantee by HUD, the City shall submit a Disclosure/Update
Report to the HUD field office in Fort Worth, Texas. (A copy of
this report is included in the backup.)
6. HUD has concluded that the portion of the original application that
included a component for "reconstruction" of properties is
ineligible under the Section-108 guidelines. Reconstruction has
been added as an eligible activity under the CDBG program, but
that exception was not extended to the Section-108 program. The
funds that would have been spent for reconstruction activities will
be used for the eligible rehabilitation activities proposed in the
application.
The next step in the process will then be the review and execution of a
contract between the U.S. Department of Housing and Urban
Development and the City of Lubbock, which will include the above
stipulations. HUD will forward a draft of the contract to the City upon
receipt of this agreement. After review by staff from Community
Development and the Legal Department, the final contract will be brought
before Council for approval. The City will not be bound until the contract
itself has been executed.
Nancy Haney, Manager, Community Development, gave staff comments.
Community Development recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass Resolution No. 2002-RO474 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Cooke had left the dais.
(53.) Resolution No. 2002-RO475 authorizing the City Manager to respond
to requests for police services made by or on behalf of Governmental
Entities and Political Subdivisions of the State of Texas and, in
rendering said services, utilize the personnel and equipment of the
Lubbock Police Department outside the city limits of the City of
Lubbock, Texas.
RESOLUTION NO. 2002-RO475
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
AUTHORIZING THE CITY MANAGER TO RESPOND TO REQUESTS FOR
EMERGENCY POLICE SERVICES MADE BY OR ON BEHALF OF
GOVERNMENTAL ENTITIES AND POLITICAL SUBDIVISIONS OF THE STATE
OF TEXAS AND, IN RENDERING SAID SERVICES, UTILIZE THE PERSONNEL
AND EQUIPMENT OF THE LUBBOCK POLICE DEPARTMENT OUTSIDE THE
CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS.
WHEREAS, the City of Lubbock wishes to promote and enhance the safety and security
of the citizens of the city as well as those of surrounding communities; and
WHEREAS, the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42
U.S.C. 3711, et seq. and 42 CFR 31, et seq. provide for the payment of benefits to public
safety officers killed or permanently disabled while serving in their official capacity; and
WHEREAS, the City Council of the City of Lubbock intends that police officers responding,
under the direction of the City Manager and Chief of Police, to requests for emergency police
services outside the city limits are serving in an official capacity for the City of Lubbock.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1. That the City Manager of the City of Lubbock, Texas, acting by and
through the Chief of Police, be and is hereby authorized to respond to calls for emergency
376
Regular City Council Meeting
October 24, 2002
Page 377
police service outside the city limits of the City of Lubbock made by or on behalf of
governmental entities and political subdivisions of the State of Texas.
SECTION 2. That the City Manager and Chief of Police, in providing the response to
requests for emergency police service as provided herein, are authorized to utilize
personnel and equipment of the Lubbock Police Department.
SECTION 3. That officers and employees of the Lubbock Police department
responding to requests for emergency police service under the direction of the City
Manager and Chief of Police, as provided herein, are serving in their official capacity as
officers of the Lubbock Police Department and as employees of the City of Lubbock.
SECTION 4. That the City Council of the City of Lubbock hereby authorizes and
directs that this resolution take effect immediately from and after it's passage.
Passed by the City Council this 24th day of October, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/_s/ John M. Knight
John M. Knight
Assistant City Attorney
Council Member Cooke returned to the dais.
The City of Lubbock wishes to promote and enhance the safety and
security of the citizens of the city as well as those of surrounding
communities. The Omnibus Crime Control and Safe Streets Act of 1968,
as amended, 42 U.S.C. 3711, et seq. and 42 CFR 31, et seq. provide for
the payment of benefits to public safety officers killed or permanently
disabled while serving in their official capacity. This resolution manifests
the City Council's intention that officers and employees of the Police
Department responding, under the direction of the City Manager and Chief
of Police, to requests for police services outside the city limits are serving
in an official capacity for the City of Lubbock. The City Manager and
Chief of Police are authorized to utilize personnel and equipment of the
Lubbock Police Department when responding to calls for police services
outside the city limits of the City of Lubbock made by or on behalf of
governmental entities and political subdivisions of the State of Texas.
John Knight, Assistant City Attorney, gave comments.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2002-RO475 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
377
Regular City Council Meeting
October 24, 2002
Page 378
(54.) Ordinance No. 2002-00123 authorizing the Mayor to amend Section
2-3 of the Code of Ordinances of the City of Lubbock with regard to
reinstating the Office of City Treasurer; discontinuing the office of
City Secretary -City Treasurer; providing that financial duties of the
discontinued office shall be performed by the City Treasurer and not
the City's Director of Finance; and providing that the secretarial
duties shall continue to be provided by the Office of the City
Secretary.
ORDINANCE NO.2002-00123
AN ORDINANCE AMENDING SECTION 2-3 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
REINSTATING THE OFFICE OF CITY TREASURER; DISCONTINUING THE
OFFICE OF CITY SECRETARY -TREASURER; PROVIDING THAT FINANCIAL
DUTIES OF THE DISCONTINUED OFFICE SHALL BE PERFORMED BY A CITY
TREASURER AND NOT THE CITY'S DIRECTOR OF FINANCE; PROVIDING
THAT THE SECRETARIAL DUTIES OF THE DISCONTINUED OFFICE SHALL BE
CONTINUED TO BE PERFORMED BY THE CITY SECRETARY; PROVIDING AN
EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The City Charter provides that the City Council may create and
consolidate the appointive offices of the City, and further, may divide the
administration of the City into appropriate departments as it deems
advisable. The Charter also provides that the City Council has the
authority to discontinue any appointive offices or departments at its
discretion, except the office of the City Manager. In 1984, the City
Council passed an ordinance discontinuing the office of City Treasurer
and provided that the Director of Finance would be charged with the
duties of the office of City Treasurer. This ordinance under consideration
recreates the position of City Treasurer as an appointed position of the
City Council.
The Charter also provides for a City Secretary —Treasurer, which joint
office may be discontinued pursuant to authority given to the City Council
by the City Charter. This ordinance under consideration would
discontinue the Office of City Secretary —Treasurer and would continue the
position of City Secretary to perform the secretarial duties of the City.
If this agenda item is approved, the City Council will have four appointive
positions: (i) City Manager; (ii) City Attorney; (iii) City Treasurer; and
(iv) City Secretary.
Discussion was had concerning putting a job description in place before
starting to look for a Treasurer. Salary/compensation would depend on
job description, education and qualification. Surveying other cities with a
City Treasurer was suggested. Council members also discussed bringing
it to work session rather than executive session.
Motion was made by Council Member Boren, seconded by Council
Member Martin to pass on first reading Ordinance No. 2002-00123 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(55.) Consider two appointments to the Arts Alliance, Inc. Grants Review
Committee.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to reappoint Jane Prince -Jones to the Arts Alliance, Inc.
Grants Review Committee and hold the second appointment to the next
council meeting. Motion carried: 7 Yeas, 0 Nays.
(56.) Consider one appointment to Civic Lubbock, Inc. Board of Directors.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Dan Burns to the Civic Lubbock, Inc. Board
of Directors. Motion carried: 7 Yeas, 0 Nays.
378
Regular City Council Meeting
October 24, 2002
Page 379
(57.) Consider one appointment to the Lubbock Housing Finance
Corporation.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to reappoint Dwight Overton to the Lubbock Housing
Finance Corporation. Motion carried: 7 Yeas, 0 Nays.
(58.) Consider four appointments to Market Lubbock, Inc.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to reappoint Mike Field, Ruben Reyes, Jane Anne
Stinnett and Charley Trimble to the Market Lubbock, Inc. Motion carried:
—_ 7 Yeas, 0 Nays.
12:11 P.M. CITY COUNCIL RECESSED TO OPEN EXECUTIVE SESSION
City Council Chambers
Mayor McDougal stated that Council had a draft of the WTMPA records
that the WTMPA Board voted on and approved yesterday. He suggested
that Council let City Manager Bob Cass sign it, and Council ratify his
decision at the next Council meeting.
City Attorney Anita Burgess summarized the document. WTMPA allows
City of Lubbock to act as custodian of those records during the course of
an audit which will be ongoing for some ninety days.
Council agreed to have this posted for the next agenda.
Mayor McDougal stated the WTMPA issues would be handled with
regard to open records requests as follows:
1. City of Lubbock will notify WTMPA of those requests as required
under the Public Information Act
2. City of Lubbock will write the Attorney General of the State of
Texas that the documents requested are WTMPA documents and
that WTMPA may have certain rights to withhold the release of
these documents.
3. Ultimately the decision on whether or not to release WTMPA
documents rests with WTMPA and not the City.
If there are open record requests for City documents that are related to the
City's involvement with WTMPA, the City will release those documents,
unless the documents are clearly competitive documents or the City is
required by law to withhold the release of this information.
12:18 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
1:12 P.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
1:13 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council
Members Cooke and Boren adjourned the meeting.
Read and approved this ; day of '° c ,�Z'
MARC MCDOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary`
379