HomeMy WebLinkAboutMinutes - City Council - Regular - 12/19/2002REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 19th of
December, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:30 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
Absent: Council Member Patterson
CITIZEN COMMENTS
One citizen expressed comments to the Council.
Diane Harland, 8410 Oxford, Lot 84 of the alley paving project, asked if
Item 30 (ORDINANCE #2002-00111—Assessments for paving
improvements on the 2001 Assessment Paving Program) would be open
for comments at the time of Regular Session. She also passed out copies
of an email that had been sent to City Council.
Don Vandiver, First Assistant City Attorney, stated that since a public
hearing had already been held, this would be open for comments only if
both sides were present.
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; 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; to discuss, deliberate and take action on a competitive matter
regarding plans or contracts related to the acquisition, disposition,
construction or exchange of transmission/distribution facilities (Electric
Utilities); pending or contemplated litigation (City Manager/Gas Utility;
Civic Center; Fire Department; Parks Department; Police Department;
Streets Department; Water Utilities); personnel matters regarding duties,
responsibilities, and/or appointments (Boards and Commissions); and to
deliberate the purchase, exchange, lease, or value of real property
(Cemetery; Water Utilities).
( 1.) 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;
to discuss, deliberate and take action on a competitive matter
regarding plans or contracts related to the acquisition,
disposition, construction or exchange of
transmission/distribution facilities.
Regular City Council Minutes
December 19, 2002
Page 528
(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 (City Manager/Gas Utility; Civic Center; Fire Department;
Parks Department; Police Department; Streets Department; Water
Utilities).
(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 and Subcommittees
(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 (Cemetery; Water Utilities).
7:43 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All Council Members were present except Council Member Patterson.
9:22 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All Council Members were present except Council Member Patterson.
(6.) Discuss proposal from Farm Progress regarding the Farmer
Stockman Show. Jim Kanter, Farm Progress, and Lubbock Chamber
of Commerce representatives (15 minutes)
Letters from Farm Progress and the Lubbock Chamber of Commerce
outlining their plans for future Farm Shows, contingent on lease of 640
acres at the Lubbock Land Application Site (LLAS), were provided in
council backup. The current land lease at the LLAS has run for ten years
and expires at the end of December 2002.
City staff received the letters on Wednesday, December 11 and Thursday,
December 12, 2002. Staff is in the process of evaluating the City's ability
to meet the needs of these groups while pursuing the primary goal of the
Lubbock Land Application Site, which is effluent disposal. Staff was
present and prepared to answer questions
( 7.) Annual report from the Keep Lubbock Beautiful Advisory Board on
its activities and recommendation on upcoming projects for next year.
Janie Ramirez, Chairperson; Penny Mason, Immediate Past
Chairperson (15 minutes)
Keep Lubbock Beautiful Chairperson Janie Ramirez, Immediate Past
Chairperson Penny Mason and Beth Bridges updated Council on its
activities and achievements for the year. This included programs and
partnerships they have developed, and programs and projects they are
recommending for the future.
This item was presented for Council information.
(8.) Update on the False Alarm Ordinance and proposed changes to the
ordinance. Lieutenant Chris Powe, Police Administration (20
minutes)
This item was deleted.
(9.) Presentation on January 1, 2003 population estimates. David
Buckberry, Planner (10 minutes)
This item was deleted.
( 9A.) Update on West Texas Municipal Power Agency Audit. Bob Cass,
City Manager (5 minutes)
This item was deleted.
(10.) Discuss City Treasurer Position.
This item was deleted.
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10:10 A. M. WORK SESSION RECESSED
10:18 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Gary 0. Boren, Council Member Alex "Ty" Cooke, Council
Member Tom Martin, Council Member Frank W. Morrison, City
Manager Bob Cass, First Assistant City Attorney Don Vandiver, and
City Secretary Rebecca Garza
Absent: Council Member Patterson.
Mayor McDougal called the meeting to order at 10:18 A. M.
(11.) Rededication of the Vietnam War Memorial Plaque.
Color guards presented the United States flag and Marine Corps flag.
Mayor Pro Tem Hernandez led the Pledge of Allegiance given in
unison by those in City Council Chambers to the United States flag.
Council Member Boren gave the invocation.
Council Member Martin gave the history of the plaque.
Dr. Jim Reckner gave remarks about the Vietnam War.
Dr. Jim Reckner and Phil Price unveiled the plaque.
CONSENT AGENDA (Nos. 12-17, 19-27, 29)
Motion was made by Council Member Cooke, seconded by Council
Member Hernandez to approve Items 12-17, 19-27, 29 on consent
agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(12.) ORDINANCE #2002-00135—Approving the Central Business
District Tax Increment Finance Reinvestment Zone Project Plan and
Finance Plan and the By -Laws as adopted by the Board of Directors
of the Central Business District Tax Increment Financing
Reinvestment Zone (second and final reading).
ORDINANCE NO. 2002-00135
AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES
OF A TAX INCREMENT FINANCING REINVESTMENT ZONE FOR THE
CENTRAL BUSINESS DISTRICT OF LUBBOCK, TEXAS; ESTABLISHING THE
DURATION OF THE ZONE; ESTABLISHING A TAX INCREMENT FUND; AND
ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX INCREMENT
FINANCING REINVESTMENT ZONE.
(13.) Ordinance No. 2002-00136 establishing the population of the City of
Lubbock by ordinance so that City Limits population may be altered
on State highways by the Texas Department of Transportation to
reflect the current population figure for the City of Lubbock (first
reading).
ORDINANCE NO. 2002-00136
AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, ESTABLISHING
THE POPULATION OF THE CITY OF LUBBOCK BY ORDINANCE SO THAT
CITY LIMITS POPULATION MAY BE ALTERED ON STATE HIGHWAYS BY THE
TEXAS DEPARTMENT OF TRANSPORTATION TO REFLECT THE CURRENT
POPULATION FIGURE FOR THE CITY OF LUBBOCK; PROVIDING AN
EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The Texas Department of Transportation (TxDOT) will allow the City of
Lubbock to change the City Limits signs using the population estimates
from the Texas State Data Center. The first step is the adoption of an
ordinance by the Lubbock City Council. The most recent estimate from
the Texas State Data Center is 201,855 as of January 1, 2002. This
population estimate exceeds the 200,000 "threshold" that is considered
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December 19, 2002
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important by the media and organizations that promote Lubbock. The
current city limit signs reflect the 2000 Census count of 199,564. Since
TxDOT has 7-year life expectancy on their signs and will only change the
signs at their expense once in between the 2000 and 2010 Census, the City
of Lubbock will incur all of the cost of these changes. The estimated cost
is $2,000. The changing of the City Limit signs will have no impact on
the 3 percent preference for local bidders because by State law that is
determined by the most recent federal decennial census. This will be the
only time that the City of Lubbock will do these changes at the City of
Lubbock expense. Staff will probably request an additional ordinance in
2006 or 2007 to update the City estimate on the City Limit signs and a
resolution of support for Lubbock County requesting the change of the
County signs when the estimated Lubbock County population exceeds the
250,000 "threshold". The Lubbock County Commissioners Court would
be the lead agency in this request. The Texas Department of
Transportation will incur the cost of these changes because they will occur
within seven years of the release of the 2010 Census.
Staff recommended approval of first reading of this ordinance.
(14.) Ordinance No. 2002-00137 abandoning and closing a portion of
North Avenue Q in Section 19, Block A, Lubbock County, Texas (123
North Avenue Q) (first reading).
ORDINANCE NO. 2002-00137
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
AVENUE Q LOCATED IN SECTION 19, BLOCK A, LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 16,718 square foot portion of North
Avenue Q just west of North Avenue Q Drive and south of Auburn Street.
This half -width section of Avenue Q is no longer in use and the City will
never need it. The requestor of this closure is Caprock Commerce
Corporation and the replat has been submitted. Caprock was not the
original dedicator of the street, so they will have to purchase the street area
from the City. The Right -of -Way Department has appraised this property
at $0.20 per square foot for a total of $3,343.60. In the replat, a credit will
be given for a street corner cut-off area of 112.5 square feet for a total due
the City of $3,321.10.
Right -of -Way Department recommended approval of the first reading of
this ordinance.
(15.) Resolution No. 2002-RO546 accepting paving improvements
constructed by Williams and Peters Construction Co., Inc., in
Southhaven Addition, Lots 123-145.
RESOLUTION NO.2002-RO546
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS, AVENUES AND ALLEYS AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 123-145.
Southhaven Addition, made arrangements with Williams & Peters Construction
Company, Inc. for the construction of paving improvements on certain streets, avenues
and alleys dedicated in said subdivision under the provisions of said Ordinance prior to
the recording of the subdivision plat of the above -mentioned Addition, including the
following streets, avenues and alleys:
103rd Street from the East lip line of Vicksburg Avenue to the East end of the alley return
of the alley East of Utica Drive, known and designated as New Subdivision Sub -Unit
Number 29 of Unit Number 2040.
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The East half of Vicksburg Avenue from the South end of the alley return South of 103rd
Street to the South end of the alley return North of 103rd Street, known and designated as
New Subdivision Sub -Unit Number 30 of Unit Number 2040.
Utica Avenue from the South end of the alley return North of 103rd Street to the North lip
line of 103rd Street, known and designated as New Subdivision Sub -Unit Number 31 of
Unit Number 2040.
Utica Drive from the South lip line of 103rd Street to the South end of the alley return
South of 103rd Street, known and designated as New Subdivision Sub -Unit Number 32 of
Unit Number 2040.
The East-West alley South of 103rd Street from Vicksburg Avenue to Utica Drive, known
and designated as Sub -Unit Number 94 of Unit Number A-461.
The East-West alley South of 103rd Street from Utica Drive to the North -South alley East
of Utica Drive, known and designated as Sub -Unit Number 95 of Unit Number A-461.
The North -South alley East of Utica Drive from 103rd Street to the East-West alley South
of 103rd Street, known and designated as Sub -Unit Number 16 of Unit Number A-462.
The North -South alley East of Utica Avenue from 103rd Street to the East-West alley
North of 103rd Street, known and designated as Sub -Unit Number 17 of Unit Number A-
462.
WHEREAS, the construction of the above improvements on the above -mentioned
streets, avenues and alleys was performed under the supervision of the City Engineer, and
said improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets, avenues and alleys BE and the same are hereby accepted and the City Engineer is
hereby authorized to notify the Developer of acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
This is a routine acceptance of paving improvements required at the time
of platting this new subdivision. These improvements consist of street and
alley paving and curb and gutter on:
103rd Street from Vicksburg Avenue to the alley east of Utica Avenue.
East half of Vicksburg Avenue from the alley south of 103rd Street to the
alley north of 103rd Street.
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Utica Avenue from the alley north of 103rd Street to 103rd Street.
Utica Drive from 103rd Street to the alley south of 103rd Street.
East -west alley south of 103rd Street from Vicksburg Avenue to Utica
Drive.
East -west alley south of 103rd Street from Utica Drive to the north -south
alley east of Utica Drive.
North -south alley east of Utica Drive from 103rd Street to the east -west
alley south of 103rd Street.
North -south alley east of Utica Avenue from 103rd Street to the east -west
alley north of 103rd Street.
There is no City cost due the contractor upon this acceptance.
Staff recommended approval of this resolution.
(16.) Resolution No. 2002-RO547 accepting paving improvements
constructed by Lone Star Dirt and Paving Co., Inc., in Tanglewood
Terrace Addition, Lots 1-13.
RESOLUTION NO.2002-RO547
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS, AVENUES AND ALLEYS AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-13, Tanglewood
Terrace Addition, made arrangements with Lone Star Dirt & Paving Construction
Company, Inc. for the construction of paving improvements on certain streets, avenues
and alleys dedicated in said subdivision under the provisions of said Ordinance prior to
the recording of the subdivision plat of the above -mentioned Addition, including the
following streets, avenues and alleys:
York Avenue from the North lip line of 24th Street to approximately 530 feet North of the
North lip line of 24th Street, known and designated as New Subdivision Sub -Unit Number
35 of Unit Number 2041.
The East-West alley approximately 100 feet North of 241h Street from the West lip line of
York Avenue to the North -South alley East of Slide Road, known and designated as Sub -
Unit Number 34 of Unit Number A-462.
The North -South alley East of Slide Road from the alley aphproximately 100 feet North of
24th Street to the alley approximately 420 feet North of 24t Street, known and designated
as Sub -Unit Number 35 of Unit Number A-462.
The East-West alley approximately 420 feet North of 241h Street from the West lip line of
York Avenue to the alley East of Slide Road, known and designated as Sub -Unit Number
36 of Unit Number A-462.
The North -South alley East of York Avenue from the North lip line of 24th Street to
approximately 500 feet North, known and designated as Sub -Unit Number 37 of Unit
Number A-462.
WHEREAS, the construction of the above improvements on the above -mentioned
streets, avenues and alleys was performed under the supervision of the City Engineer, and
said improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets, avenues and alleys BE and the same are hereby accepted and the City Engineer is
hereby authorized to notify the Developer of acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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Page 533
Passed by the City Council this 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
This is a routine acceptance of paving improvements constructed at the
time of platting this new subdivision. These improvements consist of
street and alley paving and curb and gutter on:
York Avenue from 24th Street to 530 feet north.
East -west alley 100 feet north of 24th Street from York Avenue to the
north -south alley east of Slide Road.
North -south alley east of Slide Road from the alley 100 feet north of 24th
Street to the alley 420 feet north of 24th Street.
East -west alley 420 feet north of 24th Street from York Avenue to the
alley east of Slide Road.
North -south alley east of York Avenue from 24th Street to 500 feet north.
There is no City cost due the contractor upon this acceptance.
Staff recommended approval of this resolution.
(17.) Resolution No. 2002-RO548 authorizing the Mayor to execute a
resolution authorizing the Lubbock Regional Mental Health Mental
Retardation Center to sublet space in the George Woods Community
Center to the Lubbock County Juvenile Justice Center at the George
Woods Community Center located at 517 North Zenith.
RESOLUTION NO.2002-RO548
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes Lubbock
Regional Mental Health Mental Retardation Center to sublet space at the George C.
Woods Community Center to the Lubbock County Juvenile Justice Center pursuant to an
agreement substantially the same as the Sub -Lease Agreement attached hereto as Exhibit
A, which shall be spread 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 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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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 Exhibit "A" is filed with Resolution No. 2002-R0548.
The Parks and Recreation Department fulfills its mission by serving as a
provider of public recreation services. This includes promoting the use of
department facilities by other public agencies to deliver their services and
entering into cooperative relationships with community groups and
agencies to jointly provide services.
On August 29, 2002, the City Council approved a resolution authorizing a
lease agreement with the Lubbock Mental Health Mental Retardation
Center (MHMR) for the George Woods Community Center, 517 North
Zenith.
As per Section 13.01 of the Lease Agreement with MHMR, MHMR
cannot sublet the premises or any portion of the building without the prior
written consent of the Landlord. MHMR has requested approval to sublet
an office in the building to the Lubbock County Juvenile Justice Center
(LCJJC). Two probation officers will office there and will use the
facilities in conjunction with MHMR to provide youth activities and
education classes. A copy of the Sub -Lease Agreement was provided in
council backup.
Staff recommended approval of this resolution.
(18.) Consider a resolution authorizing the Mayor to execute a License
Agreement with the Remington Park Neighborhood Association for
improvements at Remington Park.
This item was deleted.
(19.) Resolution No. 2002-RO549 authorizing the Mayor to execute
Amendment #1 to the Original Software License and Services
Agreement dated August 12, 1999 with SCT Utility Systems, Inc.
RESOLUTION NO.2002-RO549
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 Amendment #1 to the
Original Software License and Services Agreement dated August 12, 1999 with SCT
Utility Systems, Inc. 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 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Sharlett Chowning
Sharlett Chowning, Managing Director
Of Information Technology
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-R0549.
In 1999, the City of Lubbock contracted with SCT Utility Systems, Inc. to
license and install their Utility Billing System called Banner. This system
went live on October 8, 2001. At this time, all the significant issues have
been resolved and the system is being used to track customers and produce
billing statements.
During the implementation phase of the project, modifications were made
to the SCT source to allow the City to store and/or produce information in
a way that was familiar and in accordance with existing business
procedures. Many of these modifications have been incorporated into
subsequent base Banner systems. At this time the City would like to
contract with SCT to create a development plan to determine which of
Lubbock's site specific modifications now exist in a later version of the
base Banner system.
The cost of this study will be $43,355 and is based upon the number of
hours it will take SCT to perform this study, both on -site and in South
Carolina. The deliverable from this study will be an implementation plan
with the recommended upgraded version to best meet the City's needs for
the future. Based upon those recommendations, a future plan for Banner
upgrades will be forthcoming to Council.
Staff recommended approval of this resolution.
(20.) Resolution No. 2002-RO550 authorizing the Mayor to execute an
amendment to the lease agreement between the City of Lubbock and
Marco Steel and Aluminum at Lubbock International Airport.
RESOLUTION NO.2002-RO550
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 the Lease
Agreement with Marco Steel & Aluminum Co. adding office space to their leased
premises at Lubbock International Airport. 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 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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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-R0550.
Marco Steel and Aluminum Co. currently leases 26,000 square feet of
warehouse space in two buildings (#716 and #718) on the east side of
Lubbock International Airport. The leased premises are used for the
storage and distribution of specialty steel and aluminum products. Marco
Steel and Aluminum is requesting to lease an additional 1,724 square feet
of office space in the adjacent building (#714) for use as administrative
offices. The additional rent to the City for the leased premises will be
$4,310 per year. A copy of the amendment was provided in council
backup.
The Airport Board and staff recommended approval of this resolution.
(21.) Resolution No. 2002-RO551 authorizing the Mayor to sign
Supplemental Agreement No. 3 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-RO551
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 Supplemental Agreement No. 3 to an
Agreement for the Installation and Reimbursement for the Operation of Traffic Signals
within a Municipality entered into by and between the City of Lubbock and Texas
Department of Transportation on July 28, 1994, and any associated documents, a copy of
which Supplemental Agreement No. 3 is attached hereto and which shall be spread 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 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeryl D. Hart
Jeryl D. Hart, Jr., P.W., Traffic Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
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A copy of the Supplemental Agreement is filed with Resolution No. 2002-R0551.
This supplemental agreement clarifies wording in the original agreement
(executed in August 1994) regarding payment for repairs/replacement on
an emergency basis of major items due to accidents or acts of God (Article
5. Payment Subsection D). These changes were requested by TxDOT's
internal auditor and simply better define what has actually been practiced
for the last eight years of this agreement. These changes do not affect the
reimbursement amount previously agreed to in Supplemental Agreement
No. 2. However, TxDOT has requested that this Supplemental Agreement
No. 3 be executed as a condition of TxDOT's signature on Supplemental
Agreement No. 2 authorized by the City Council on October 24, 2002.
This fact was not made known to staff until Supplemental Agreement No.
2 was taken to TxDOT for their signature.
Traffic Engineering Department and the Legal Department recommended
approval of this resolution.
(22.) Resolution No. 2002-RO552 waiving the right of the City of Lubbock
to apply for a Juvenile Accountability Incentive Block Grant and
designating Lubbock County as the recipient of the funds.
RESOLUTION NO.2002-RO552
WHEREAS, certain block grant funds in the amount of Ninety -Six Thousand Five
Hundred Ninety and No/100 Dollars ($96,590) (the "Funds") is designated for allocation
to the City of Lubbock through the Criminal Justice division of the State of Texas; and
WHEREAS, the City of Lubbock desires to waive their right to apply for a
Juvenile Accountability Incentive Block Grant; and
WHEREAS, the City of Lubbock designates Lubbock County as the recipient of
the Funds; and
WHEREAS, the City of Lubbock agrees to appoint one member to serve on the
Juvenile Crime Enforcement Coalition created by the County of Lubbock; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby waives its right to apply
for a Juvenile Accountability Incentive Block Grant and designates Lubbock County as
the recipient of the Funds. Be it further resolved that the Juvenile Sergeant of the city of
Lubbock Police Department is hereby designated to serve on the Juvenile Crime
Enforcement Coalition as created by the County of Lubbock.
Passed by the City Council this 19th day of December, 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
537
Regular City Council Minutes
December 19, 2002
Page 538
The Governor's Criminal Justice Division is preparing to award Juvenile
Accountability Incentive Block Grant (JAIBG) funding to the City of
Lubbock in the amount of $96,590 with a 10% match for the fiscal year
2003-2004. Lubbock County is eligible for $29,984 with a 10% match and
has agreed to pay the City of Lubbock's match. Should the allocations be
combined, the total amount of project funding would be $140,638.
Staff recommended approval of this resolution.
(23.) Resolution No. 2002-RO553 authorizing the Mayor to execute a
membership agreement with the Texas Building and Procurement
Commission.
RESOLUTION NO.2002-RO553
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 Membership and
Application with the Texas Building and Procurement Commission of Austin, Texas.
Said documents are 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 19th day of December, 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/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney/
Office Practice Section
A copy of the Membership and Application is filed with Resolution No. 2002-R0553.
The Texas Building and Procurement Commission administers a
cooperative purchasing program created by legislation in 1979 in
accordance with Sections 271.081-271.083 Local Government Code,
V.T.C.A., Section 2155.202 and 2175.001(1) of the Texas Government
Code, Title 10, Subtitle D. This legislation provides the legal authority for
local governments, MHMR community centers, and assistance
organizations to participate in the Texas Building and Procurement
Commission Cooperative Purchasing (TBPC Co -Op). Its purpose is to
centralize the purchasing activity and increase the purchasing power of
these agencies throughout Texas. Cooperative purchasing provides
several benefits to the City of Lubbock:
• Facilitates compliance with state bidding requirements
• Identifies qualified vendors of goods and services
• Reduces administrative burden and costs
• Reduces the cost of goods and services with economies of scale
The following products are examples of those available through the Texas
Building and Procurement Commission Cooperative Purchasing Program
• Police weapons and ammunition
538
Regular City Council Minutes
December 19, 2002
Page 539
• Road and highway equipment
• Vehicles and school buses
• Pharmaceuticals
• Office supplies
• Light bulbs and electrical
• Office machines including copiers
All state contract purchases made through the TBPC Co -Op have already
been competitively bid and awarded by the Commission based on Texas
statutes. This eliminates the need for members going through the bidding
process on their own. The end result is a reduction in administrative
efforts and compliance with competitive bidding requirements.
The Texas Building and Procurement Commission Cooperative
Purchasing Program charges its members a $100 annual subscription fee.
Staff recommended approval of this resolution.
(24.) Resolution No. 2002-R0554/RFP #214-02/RW—for Long Distance &
Operator Services for Public Telephones (Telecommunications).
RESOLUTION NO. 2002-RO554
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 Public Telephone
Agreement between TCG Public Communications Inc., a wholly owned subsidiary of
AT&T Corporation and the City of Lubbock, for furnishing, installing, maintaining, and
operating public telephones and public communications equipment. 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 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning
Sharlett Chowning, Director of
Information Technology
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of Agreement is filed with Resolution No. 2002-R0554.
-- This contract is for pay phone services at facilities owned by the City of
Lubbock. The City of Lubbock currently has 86 pay phones at various
City facilities; but based on usage, the number of units will be reduced
after evaluation by the City of Lubbock and the contractor.
The selection committee ranked the respondents to the RFP as follows:
AT&T 78.25
Com Choice 49.50
539
Regular City Council Minutes
December 19, 2002
Page 540
Proposals were evaluated and ranked based on the following selection
criteria:
• Respondent qualifications/experience/references with other institutions
similar in size to the City of Lubbock and ability to service the City of
Lubbock as required including history of making timely commission
payments as required by these specifications. 20%
• Respondent proposed commission paid to the City of Lubbock (Based
on gross revenue to be defined as revenue on all local and long
distance calls originating from all payphones including calls for which
payment cannot be collected from customers). 40%
• Respondent Support/Service and added service provided to the City of
Lubbock (i.e. Call blocking, individual cut off, call monitoring, etc.).
References. 30%
• Respondent overall product meeting the City of Lubbock's needs and
requirements as well as future needs through enhancements and
emerging technologies. 10%
Staff recommended contract award to AT&T. The AT&T office is in New
York, but will have technicians located in Lubbock, Texas for
maintenance of the pay phone units. The contract with AT&T is based on
the following:
• AT&T will pay the City 10% commission for local coin revenues,
IntrrLata coin revenues, InterLata coin revenues, local operator
revenues, IntraLata operator revenues, InterLata operator revenues,
dial -around compensation revenues received from Interexchange
Carrier, on any pay phone that exceeds $90 per month, per phone.
• AT&T reserves the right to remove low producing phones, those
phones generating less than $90 per month. However, if the City
deems the stations necessary, AT&T will negotiate with the City to
leave the station in place at a charge of $75 per month per phone.
• The commissions AT&T offers is on gross revenues on the following
scale:
1 s` year— 10% all revenues that exceed $90 per month.
2nd year — 10% all revenues that exceed $90 per month
3`d year — 10% all revenues that exceed $90 per month.
• AT&T will pay the monthly commissions due the City of Lubbock
within thirty days after closing of that calendar month's collections
and revenue reporting. All commission payments will be paid based
upon revenues collected from the previous month's revenues.
The City of Lubbock will not incur any monthly costs, unless the pay
phone units do not receive gross revenues of $90 per month per phone.
Based on the criteria referenced above, the evaluation committee
recommended contract award to AT&T of Orchard Park, New York.
(25.) Resolution No. 2002-R0555, Resolution No. 2002-R0556, and
Resolution No. 2002-R0557/BID #216-02/RS—for Basketball Goals,
Water Fountains, and Picnic Tables —Annual Pricing (Park
Development).
RESOLUTION NO.2002-R0555
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
basketball goals, water fountains, and picnic tables — annual pricing per ITB #216-02/RS,
by and between the City of Lubbock and U.D. Enterprises of Lubbock, Texas and relater
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.
540
Regular City Council Minutes
December 19, 2002
Page 541
Passed by the City Council this 19th day of December, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0555.
RESOLUTION NO.2002-RO556
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
basketball goals, water fountains, and picnic tables — annual pricing per ITB #216-02/RS,
by and between the City of Lubbock and The Playwell Group, Inc. of Dallas, Texas and
relater 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 19th day of December, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0556.
541
Regular City Council Minutes
December 19, 2002
Page 542
RESOLUTION NO.2002-RO557
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
basketball goals, water fountains, and picnic tables — annual pricing per ITB #216-02/RS,
by and between the City of Lubbock and Most Dependable Fountains of Arlington, TN
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 19th day of December, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0557.
This bid establishes annual pricing for picnic tables, drinking fountains
and basketball goals to be installed at various locations throughout the
parks system. Location for these units will be on an as needed basis with
priorities going to those parks that are in greatest need. These items will
also be used in new parks currently under construction. The new items are
vandal resistant and will withstand prolonged use. In addition, the items to
be purchased meet the ADA accessibility guidelines while many of the
items being replaced do not.
The low bids are from the following companies:
Most Dependable Fountains of Arlington, Tennessee $14,600
The Playwell Group, Inc. of Dallas, Texas $6,210
U.D. Enterprises of Lubbock, Texas $4,520
Pricing is for one year with an option to renew annually for up to two
additional years. The low bids are within the Park Amenities budget.
(26.) Resolution No. 2002-110558/13ID #225-02/RS—for City of Lubbock
Parks Playground Construction (Park Development).
RESOLUTION NO.2002-RO558
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 the City of
Lubbock parks playground construction, by and between the City of Lubbock and Sandia
Construction, Inc. of Lubbock, Texas 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.
542
Regular City Council Minutes
December 19, 2002
Page 543
Passed by the City Council this 19th day of December. 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/ John Knight
John Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 19th day of December, 2002, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and SANDIA CONSTRUCTION, INC., of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #225-02/RS - CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION -
$1,511,000.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER) SANDIA CONSTRUCTION, INC.
By: Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
By: /s/ Greg M. Durbun
PRINTED NAME: Greg M. Durbun
TITLE: Vice President/Secretary
COMPLETE ADDRESS:
543
Regular City Council Minutes
December 19, 2002
Page 544
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Owner's Representative
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
SANDIA CONSTRUCTION, INC.
P. O. Box 1221
Lubbock, TX 79464-4895
ATTEST:
Shirley Durbin
Corporate Secretary
This project involves the construction of new playground equipment at
seven new parks and at five existing parks and responds to the high
priorities established in the 1998 Lubbock Comprehensive Park,
Recreation and Open Space Master Plan. In addition, the playground
surfacing for the HUB City Playground is also included in the scope of
work. The new playgrounds will meet or exceed accessibility
requirements and will feature a rubberized safety surface that will
minimize injuries as well as provide enhanced accessibility for
wheelchairs. The design of the playgrounds is based on input from
neighborhood association meetings as well as a playground design contest
through the Lubbock Independent School District elementary schools.
Funding for this project will be obtained from the following sources:
Source Budget
Park Playgrounds, Parks Capital Project
$588,000
Hub City Playground, Parks Capital Project
165,000
Sandlewood (Strong)
110,000
Skyview (Sims)
110,000
Chapel Hill (Reagan)
110,000
West End (Duran)
110,000
Smithlawn (Underwood)
110,000
Northridge (Cooke)
110,000
Horizon West/ West Wind (Lopez)
110,000
TOTAL
$1,523,000
The low bid is $1,511,000 from Sandia Construction of Lubbock, Texas
and is within the total budget for all parks.
(27.) Resolution No. 2002-R0559/ BID #234-02/RS—for 230kV 100MVA
Autotransformer (Electric Distribution).
RESOLUTION NO.2002-RO559
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 230
kV 100 MVA autotransformer, by and between the City of Lubbock and ABB, Inc. of
Raleigh, North Carolina 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.
544
Regular City Council Minutes
December 19, 2002
Page 545
Passed by the City Council this 19th day of December, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2002-R0559.
LP&L currently has an approved $1 million capital project to purchase a
230KV 100MVA Autotransformer. This transformer is needed for two
reasons. LP&L's tie transformer located at Holly interchange is suspect
due to a major fault four years ago. The life expectancy after such an
occurrence is approximately five years. LP&L's system capacity is
continually increasing. This transformer will ensure that we are capable
of purchasing the power needed for our system.
Bids were received from the following companies:
Total
Delivery
Cost
ABB Inc. of Raleigh, North Carolina
$ 788,000
9 months
Trafo Equipamentos of Gravatai, Brazil
$ 802,730
10 months
ELCO Industries LTD
of Ramat Hasharon, Israel
$ 830,000
7 months
Alstom TED, Inc.
of Charleroi, PA
$1,065,000
8 months
Nix Electric Co., Inc.
of Lubbock, TX
$1,309,152
12 months
UTILICOR of Tampa, FL
$1,915,307
10 months
Five manufacturers met the bid specifications. Alstom USA Inc. had an
exception to the on -load tap changer specified. This manufacturer's bid
was higher than the three lowest.
Manufacturers were evaluated based on cost, transformer losses, and
reliability as a manufacturer. The ABB unit was the lowest price. ABB's
losses were within specifications and they are a proven reliable
manufacturer. This unit also has parts that will interchange with other
units on the LP&L system keeping spare parts inventory at a minimum.
The low bid is $788,00 from ABB. Inc. of Raleigh, North Carolina and is
within the East Tie Transformer Capital Project budget.
(28.) Resolution No. 2002-R0562/RFP #245-02/RS—for LP&L Brandon
Station Turbine Controls Upgrade (Electric Production).
545
Regular City Council Minutes
December 19, 2002
Page 546
RESOLUTION NO.2002-RO562
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 LP&L
Brandon Station turbine controls upgrade, by and between the City of Lubbock and GE
Global Controls Services of Loveland, Colorado 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 19th day of December, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2002-R0562.
This item was moved from consent agenda to regular agenda and
was considered following Item 29.
The existing Woodward 501 control system for the gas turbine at Brandon
Station is obsolete and has experienced a growing number of faults in
recent years, which threaten the reliability of the unit. Also, a number of
associated monitoring systems have become maintenance concerns or
have failed and are irreparable due to obsolescence. The upgraded control
system will restore unit reliability, improve monitoring capability and
provide enhanced diagnostics. The work scope for this project comprises
the removal of the old controls, the supply of new control hardware and
customized software, and the installation and commissioning of the new
system.
Seven proposals were received, all from qualified vendors, as follows:
GE Global Services of Loveland, Colorado
$149,500
Wood Group Turbine Control Services of
$169,970
Loveland, Colorado
VT Controls of Houston, Texas
$196,407
Rolls-Royce of Mount Vernon, Ohio
$249,000
ABB of Natrona Heights, Pennsylvania
$285,920
Innovative Control Solutions of Plano, Texas
$294,654
Sermatech TTS of Orlando, Florida
$342,900
The selection committee evaluated the three least cost proposals in detail.
All three met specifications and were evaluated
against the following
criteria, weighted as indicated:
546
Regular City Council Minutes
December 19, 2002
Page 547
Technical content of the proposal, methodology
and approach to task 30%
Qualifications and experience
Lowest overall cost
20%
50%
The committee uniformly concluded that GE Global Services, in addition
to submitting the lowest bid, by a small margin from Wood Group, also
offered the best technical package for our requirements and application.
GE Global Services is accordingly recommended to undertake the controls
upgrade at Brandon Station. The contract amount is within the Electric
Facilities and System Improvements Capital Projects —Brandon Controls
Upgrade budget.
Paul Thompson, Director of Electric Utilities, gave staff comments.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to pass Resolution No. 2002-RO562 as recommended
by staff. Motion carried: 4 Yeas, 2 Nays. Council Members Hernandez
and Martin voted Nay.
The next item considered was Item 30.
(29.) Resolution No. 2002-110560; Resolution No. 2002-R0561//BID #266-
02/RS—for City of Lubbock New Parks Construction (Park
Development).
RESOLUTION NO.2002-RO560
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 the City of
Lubbock new parks construction, by and between the City of Lubbock and Hub City
Pavers, Inc. of Lubbock, Texas 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 19th day of December, 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/ John Knight
John Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 19th day of December, 2002, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and HUB CITY PAVERS, INC. of the City of Lubbock, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
547
Regular City Council Minutes
December 19, 2002
Page 548
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #266-02/RS - CITY OF LUBBOCK NEW PARKS CONSTRUCTION -
$386,322.57
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER)
By: Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Owner's Representative
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
HUB CITY PAVERS, INC.
/s/ Glen A. Sarten
PRINTED NAME: Glen S. Sarten
TITLE: Vice President/Secretary
COMPLETE ADDRESS:
HUB CITY PAVERS, INC.
11803 University Avenue
Lubbock, TX 79423
ATTEST:
Diana Rodriquez
Corporate Secretary
RESOLUTION NO.2002-RO561
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 the City of
Lubbock new parks construction, by and between the City of Lubbock and Turfinaster
Irrigation & Landscaping, Inc. of Wolfforth, Texas 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.
Regular City Council Minutes
December 19, 2002
Page 549
Passed by the City Council this 19th day of December, 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/ John Knight
John Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 19th day of December, 2002, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and TURFMASTER IRRIGATION & LANDSCAPING, INC. of the City of
Wolfforth, County of Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #266-02/RS - CITY OF LUBBOCK NEW PARKS CONSTRUCTION -
$456,187.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
549
Regular City Council Minutes
December 19, 2002
Page 550
CITY OF LUBBOCK, TEXAS (OWNER)
By: Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Owner's Representative
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
TURFMASTER IRRIGATION AND
LANDSCAPING, INC.
By: /s/ Jimmy Schneider
PRINTED NAME: Jimmy Schneider
TITLE: President
COMPLETE ADDRESS:
Turfmaster Irrigation and Landscaping,
Inc.
15610 FM 179
Wolfforth, TX 79382
ATTEST:
Billye K. Schneider
Corporate Secretary
This project will provide improvements for the seven new parks funded
by the September 1999 General Obligation Bond election. The project
responds to the high priorities established in the 1998 Lubbock
Comprehensive Park, Recreation and Open Space Master Plan. Each park
design is unique to the neighborhood that it will serve. Each
neighborhood association was invited to participate in four planning
meetings to identify the priorities and layout of their park.
The bid includes two scopes of work:
Bid item #1 includes a base bid and three options:
The following improvements at six new parks: five-foot wide concrete
walks, installation of barbeque grills, picnic tables and benches as well as
light grading. In addition, the scope of work includes establishing a
caliche base for the playgrounds identified in ITB #225-02/RS. The
caliche base and concrete associated with the playgrounds was purposely
placed in this bid to provide higher quantities of earthwork and concrete
work for more favorable pricing.
Bid item #1 base bid properties include:
Carlisle Park Lopez Park (new)
Cooke Park (new) McCullough Park
Davies Park Sims Park (new)
Davis Park Strong Park (new)
Duran Park (new) Underwood Park (new)
Jennings Park Earthwork/Concrete for HUB City Playground
Option #1 Add Overton Park Dirt work/Concrete Work for Playground
Option #2 Add Sedberry Park Dirt work/Concrete Work for Playground
Option #3 Add Reagan Park (new) Dirt work/Concrete work installation
of amenities for Park
Bid item #2 includes a base bid and option #4:
Irrigating 45 acres and installation of electrical infrastructure for the six
new parks.
Bid item #2 base bid properties include:
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Regular City Council Minutes
December 19, 2002
Page 551
Cooke Park (new)
Duran Park (new)
Lopez Park (new)
Sims Park (new)
Strong Park (new)
Underwood Park (new)
Option #4 Add Reagan Park (new) irrigation of 4.3 acres and installation
of electrical infrastructure.
Funding for this project will be obtained from the following sources:
Source Budget
Park Playgrounds, Parks Capital Project
(Earthwork/concrete only) $68,000
HUB City Playground (Earthwork/concrete only) 15,000
Sandlewood (Strong) 108,950
Skyview (Sims) 100,608
Chapel Hill (Reagan) 64,014
West End (Duran) 121,758
Smithlawn (Underwood) 117,988
Northridge (Cooke) 124,363
Horizon West/ West Wind (Lopez) 124,364
TOTAL $845,045
The budgets for each new park vary due to the size of the park, as well as
the customized design and placement of the various amenities. Examples
include Cooke Park having the most linear feet of interior walks, while
Lopez has a higher irrigation cost due to the need for a booster pump to
regulate the water pressure. Reagan Park is the smallest park at 4.5 acres;
therefore, it has the smallest budget.
The bid opening for City of Lubbock New Park Construction (Bid #266-
02/RS) was opened on December 9, 2002. The following bids were
received:
Bid Item #1
Base Bid
Option #1
Option #2
Option #3
TOTAL
Wallace Sprinkler
No Bid
No Bid
No Bid
No Bid
No Bid
Lubbock, TX
Saunders
426,966.00
21,526.00
20,013.00
31,563.00
500,068.00
Construction
Lubbock, TX
Sandia Construction
410,000.00
17,000.00
13,500.00
22,000.00
462,500.00
Lubbock, TX
HUB City Pavers
315,838.44
18,883.95
17,420.50
34,189.68
386,332.57
Lubbock, TX
Diversified Irrigation
No Bid
No Bid
No Bid
No Bid
No Bid
Lubbock, TX
Turf Master
No Bid
No Bid
No Bid
No Bid
No Bid
Wolfforth, TX
Plains Builders
364,438.00
23,816.00
31,434.00
25,504.00
445,192.00
Amarillo, TX
Greenscaping
338,403.00
47.660.00
40,370.00
37,270.00
463,703.00
North Richland Hills,
TX
Bid Item #2
Base Bid
Option #4
TOTAL
Wallace Sprinkler - Lubbock, TX
432,000.00
57,000.00
489,000.00
Saunders Construction - Lubbock, TX
505,729.00
78,008.00
583,737.00
Sandia Construction - Lubbock, TX
425,000.00
59,000.00
484,000.00
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Page 552
HUB City Pavers - Lubbock, TX
474,604.48
62,753.97
537,358.45
Diversified Irrigation - Lubbock, TX
449,030.00
66,750.00
515,780.00
Turf Master - Wolfforth, TX
399,412.00
56,775.00
456,187.00
Plains Builders - Amarillo, TX
No Bid
No Bid
No Bid
Greenscaping - North Richland Hills, TX
841,745.00
93,225.00
934,970.00
After review by staff and the City's park and playground design consultant
KDC Associates, the following are the recommendations for City of
Lubbock New Park Construction:
Bid Item #1:
Base Bid, Item #1, and Option #1, Option #2 and Option #3 be awarded to
Hub City Pavers of Lubbock, TX for $386,332.57.
Bid Item #2:
Base Bid and Option #4 be awarded to Turf Master of Wolfforth, TX for
$456,187.
The two bid Items total $842,519.57, which is less than the budget of
$845,045. Completion of Items #1 and #2 is expected by the end of
September, 2003.
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.
The next item considered was Item 28.
(30.) ORDINANCE #2002-00111—Assessments for paving improvements
on the 2001 Assessment Paving Program (second of three readings).
ORDINANCE NO. 2002-00111
AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREETS
AND/ALLEYS: 251H STREET FROM MILWAUKEE AVENUE EAST TO LASALLE
AVENUE, 26TH STREET FROM MILWAUKEE AVENUE EAST TO KEWANEE
AVENUE, EAST -WEST ALLEY BETWEEN 10TH STREET AND 11T1 STREET
FROM SALEM AVENUE EAST TO QUAKER AVENUE, EAST -WEST ALLEY
BETWEEN 56TH STREET AND 57TH STREET FROM MEMPHIS AVENUE WEST
TO NASHVILLE AVENUE, U-SHAPED ALLEY BETWEEN 85TH STREET AND
86TH STREET/OXFORD AVENUE FROM 85TH STREET TO OXFORD AVENUE, U-
SHAPED ALLEY BETWEEN 77TH STREETIYORK AVENUE AND 78TH
STREET/ZOAR AVENUE FROM SLIDE ROAD TO 79TH STREET, EAST -WEST
ALLEY BETWEEN 8TH STREET AND 9TH STREET FROM SALISBURY AVENUE
EAST TO SALEM AVENUE SUCH PORTIONS BEING MORE PARTICULARY
DESCRIBED IN THE PAVING ASSESSEMNTS OF THE CITY OF LUBBOCK
ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF
OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE
CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID
CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND
FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE
HEREOF, ALLOCATING FUNDS.
This item was considered following Item 28.
At the October 10, 2002, public hearing, City Council considered five
alleys and two residential streets for the petition paving program and
approved the first of three readings of an ordinance to assess on all the
proposed alleys and streets. Staff mentioned they might need to make a
change to the voluntary assessment program based on a preliminary
opinion from the City Attorney. For that reason, staff did not ask the City
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Page 553
Unit
%
% of
Total
City Cost @
City Cost @
Increased
Owners
Footage
Cost
Calculated
Enhanced
City Cost
Signed
Signed
Rate
Rate
Petition
Petition
(not signed)
Calculated
Rate (signed)
A-462-42
88%
86.5%
$51,587
S5,202
$9,498
$4,296
loth &
Quaker
A-462-43 @
75%
75.4%
$21,553
$2,353
$5,598
$3,245
56th &
Memphis
A-462-44 @
80%
77.8%
S42,832
$4,614
S 10,445
$5,831
85" &
Quaker
A-462-45 @
61.9%
63.7%
$28,585
$2,245
$8,818
$6,573
77th & Slide
A-462-46 @
76.9%
84.9%
$27,749
$5,066
S7,415
S2, 349
8th & Salem
2236-01
57.1%
62.9%
S26,110
$7,147
S 11,022
S3,875
251h Street
2236-02
57.1%
49.2%
$72,524
S13,540
$30,060
S16,520
26`1' Street
TOTAL
S270,940.00
S40,167.00 :15821856.00
S42,689.00
Council to set the assessment rate as is typically done after the public
hearing.
The final opinion from the City Attorney was that the City cannot assess a
property owner any more than the enhancement value set by an appraiser
unless they sign an agreement to pay more than the enhancement rate.
Without the ability to involuntarily assess property owners at the higher
"calculated rate," the City's participation will increase. Council may want
to proceed with the current program with a higher City cost or suspend the
current program until Council has made revisions to its paving policies
and then consider the current petitions under the revised policy.
If Council goes forward with the current program, staff recommends that
the percentage of property owners' frontage voluntarily assessed at the
higher rate be maintained within 5% of the percentage of voluntary
participation in the original petition. Also, Council will need to set the
involuntary assessment rate at an amount per front foot no more than the
enhancement rate. The following table shows the amount of City
participation for each alley and street under the previous policy and with
the change, and the original petition percentages.
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Regular City Council Minutes
December 19, 2002
Page 554
Direct staff on the following items:
1. Move forward with this program as outlined above, or suspend the
current paving program until Council has determined revisions to
current paving policies.
If Council chooses to go forward with this paving program, then
2. Set the paving rates for this program. The recommended rates are
as follows:
Alleys: Voluntary "calculated rate" $16.00 per foot
Involuntary assessment
(enhancement) rate $ 5.00 per foot
Streets: Voluntary "calculated rate" $16.50 per foot for
paving, plus $ 8.00
per foot for curb and
gutter
Involuntary assessment
(enhancement) rate $ 7.40 per foot for
paving, plus $3.60
per foot for curb and
gutter
3. Require owners of a specified percentage of footage to sign the
voluntary agreement to pay for the paving improvements at the
"calculated rate". The recommended percentage of footage for
signatures is within at least 5% of the footage signed by the
original petitioners requesting their paving improvements.
4. Establish a deadline for the owners to submit their signed
agreements (contracts) to the City. Should the prescribed
percentage of property owners not execute the voluntary agreement
by a certain deadline, that individual alley or street paving unit will
be deleted from the paving program. After that deadline has
passed, the staff will go forward with the bidding of the units
remaining on the program. If bids come in lower than the
estimated bid prices used in calculating the rates, the "calculated
rates" will be reduced accordingly.
The staff recommends January 24, 2003 as the deadline for the property
owners to secure the required signatures on the voluntary agreement to
pay for the paving improvements.
A-462-42 East-West alley between l01h Street and 111h Street from
Salem Avenue east to Quaker Avenue
Mayor McDougal stated that earlier in citizen comments, a citizen
requested reopening the public hearing on this matter. No Council
Member wanted to reopen the public hearing.
Motion was made by Council Member Cooke, seconded by Council
Member Martin to pass on second of three readings A-462-42 of
Ordinance No. 2002-00111 as recommended by staff. Motion carried: 6
Yeas, 0 Nays.
A-462-43 East-West alley between 561h Street and 57th Street from
Memphis Avenue west to Nashville Avenue
A-462-45 U-shaped alley between 77th Street/York Avenue and 781h
Street/Zoar Avenue from Slide Road to 791h Street
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Page 555
East-West alley between 8" Street and 9th Street from
Salisbury Avenue east to Salem Avenue
A-462-46
2336-001
2336-002
251h Street from Milwaukee Avenue east to La Salle
Avenue
26th Street from Milwaukee Avenue east to Kewanee
Avenue
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to pass on second reading Ordinance No. 2002-
00111 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
A-462-44 U-shaped alley between 85th Street and 861h Street/Oxford
Avenue from 85th Street to Oxford Avenue
Motion was made by Council Member Martin, seconded by Council
Member Boren to pass on second :reading Ordinance No. 2002-00111 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 40.
ORDINANCES FOR PASSAGE
PUBLIC HEARINGS
11:10 A. M.
(31.) Ordinance No. 2002-00138 - ZONE CASE NO. 1756-F (3115 2°d
Street): Hold a public hearing to consider request of Hugo Reed and
Associates for Royal Properties for a zoning change from R-1 to A-2
(for apartments) on an 0.83-acre tract of land out of Section 20, Block
A and Block 1, Westhaven Addition, and to consider ordinance.
ORDINANCE NO. 2002-00138
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.1756-F; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON A 0.83-ACRE TRACT OF LAND OUT OF SECTION 20, BLOCK A
AND BLOCK 1, WESTHAVEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
This item was considered following Item 41.
Mayor McDougal opened the public hearing at 11:10 a. in. Terry Holman
of Hugo Reed and Associates appeared on behalf of Royal Properties.
Elec and Cruz Trevino gave comments concerning the zoning change
request. Both stated they didn't want the apartments built in their area.
They also stated if they are built, "good fencing" is a necessity. Mayor
McDougal closed the hearing at 11:44 a. in.
The developers of Raider Pass are in contract to acquire this city block and
are proposing an expansion of the existing student housing project. A
church currently occupies the entire block. The Commission delayed the
request one month to allow a meeting between Royal Properties and
adjacent single-family property owners.
Adjacent owners have presented a litany of complaints regarding the
existing apartment complex and expressed concern about an expansion.
The proposed expansion presents an opportunity to address some of the
complaints on the existing property, as well as avoid the issues on the new
expanded portion. The representatives of Royal Properties met with a
neighborhood group and discussed their concerns in several meetings.
One of the ironies of this request is that, without approval, several of the
existing concerns of the residents will not be addressed because the
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Regular City Council Minutes
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Page 556
proposed conditions of this case include off site requirements. Included in
the neighborhood comments were:
• Speeding and increased traffic on 2nd Street — an issue not within
the direct control of the proponent. Royal Properties will submit a
letter to the Council apart from the zone case to recommended
things the City of Lubbock should consider to alleviate some of the
problems.
• Parking on 2nd Place and entering the property through a back gate
(that is open only on trash collection days), or jumping the fence to
visit someone in the apartment complex.
• Noise and other activities in the parking lot adjacent to homes on
both 2nd Street and 2nd Place.
Adjacent land uses include:
North single family
South Raider Pass
East single family
West — Raider Pass
The proposal is acceptable within most of the concepts of the
Comprehensive Land Use Plan. To the west, apartments exist up to 2nd
Street all the way to Indiana. If approved, a minor change to the existing
Plan is the case is recommended for approval.
One notable exception for Comprehensive Plan change criteria is that any
change to the Plan be acceptable to adjacent existing owners who have
already made an investment in their property. The person living next to
the project on 2nd Place stated in the meeting that he is reasonably
agreeable to the proposed conditions. Several residents on 2nd Street
requested a brick fence "like Whisperwood" along 2nd Street. A screening
fence is not required along 2nd Street by the Zoning Code. Although
Royal is proposing a solid screening fence on the portion of the project
adjacent to parking lots, Royal Properties has indicated that the expense of
a brick fence along 2nd Street is not financially acceptable and that they
will abandon the project if a condition of approval is the brick fence.
The proposed development will comply with the criteria of the A-2 district
if the request is approved. The existing facility is oriented toward students
and many of the amenities within the site are targeted at serving the
student residents.
The additional units are proposed with no parking between the buildings
and 2nd Street. That area will be landscaped. Development to the east and
west of Raider Pass has been apartment oriented for many years with the
Texas Tech student in mind. This location is one of few that the students
can walk to campus quicker than parking in the remote commuter lots.
The closure of Geneva and 2nd Place is proposed by this request and
residents of the Raider Pass will not have direct access to 2nd Street. The
only access other than 41h Street on the south and Hartford on the west is
an existing gate where the proposed cul-de-sac on 2nd Place is located that
is only open on days when the City solid waste truck needs to exit the
alley between 2nd Street and 2nd Place. It is not open for 24-hour daily use.
The staff supported the request subject to some level of agreement
between the neighbors and the apartment owners. The staff would
propose conditions that address several of the neighborhood complaints:
• Although a portion of the land affected by this zone case is outside
the case limits, the staff proposes, in addition to a solid screening
fence that is a Code requirement on the east boundary, that a solid
fence extend from the south property line of 3rd Street, around the
new proposed cul-de-sac, to just short of 2nd Street. The proposed
project actually closes 2nd Place and Geneva, reducing the amount
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Regular City Council Minutes
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Page 557
of traffic that may be using the streets now as a route to the
Hartford gate.
• A condition should indicate that the gate in the fence to the cul-de-
sac and the alley gate should be opened only on the days that the
Lubbock Solid Waste department needs to use the exit from the
alley between 3rd Street and 2nd Place."
• Noise in the parking lot adjacent to homes on both 2nd Street and
2nd Place. For the new project, the design of the new buildings will
shield the parking lots from 2nd Street. A proposal by Royal at the
Planning Commission meeting was, in deference to the residents
north of 2nd Street, to install a solid screening fence from Hartford
to the west to the east end of the parking lot. This would leave
only the portion of the new project that is buildings and
landscaping visible from 2nd Street. Royal is investigating
materials, but re-emphasized their objection to brick.
The Planning Commission, after much discussion, recommended approval
of the request with the following conditions:
(1) In addition to a solid screening fence that is a Code requirement on
the east boundary, that a solid fence be erected to extend to the
south property line of 3rd Street, around the new proposed cul-de-
sac, from 2nd Street.
(2) The gate in the fence to the cul-de-sac and at the alley should be
opened only on the days that the Lubbock Solid Waste department
needs to use the exit from the alley between 3rd Street and 2nd
Place.
(3) Royal Properties shall work with the owners of homes on 3rd
Street, 2nd Place, and 2nd Street to block the four and one-half foot
"no man's land" between the adjacent properties.
(Note: An error in survey has produced a four and one-half foot strip
between the Royal property line and the adjacent owners' fences that
students are using for access north and south. Blocking that access in
cooperation with the adjacent owners would stop that activity.)
(4) Develop landscaping on the new area along 2nd Street that will
provide an additional buffer for the adjacent single family
residential.
(5) Royal Properties shall provide additional monitoring of noise
related activities in the parking lots from 10 p.m. to 8 a.m.
(6) The project will be tied to the site plan as proposed within Zone
Case 1756F with the potential of minor adjustments of the building
location.
(7) Provide a solid screening fence from the Hartford corner on the
west to the east end of the existing and proposed parking lot along
2nd Street.
(Note: The Commission directed the proponent to discuss materials with
the Council at the next hearing, since the neighbors and Royal are at an
impasse regarding the fence being brick. Royal is investigating several
possibilities.)
Randy Henson, Senior Planner, gave staff comments.
Staff recommended approval of this ordinance.
Motion was made by Council Member Hernandez, seconded by Council
Member Martin to pass on first reading Ordinance No. 2002-00138 as
recommended by staff with the following conditions: Any and all
conditions that Planning and Zoning placed on it; in addition, making sure
that brickcrete as described to Council be placed as noted on the diagram
from Hartford Avenue to the beginning of new construction (outlined in
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Regular City Council Minutes
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Page 558
yellow); in addition to brickcrete being used on the east side of project
from Second Street to Second Place only; and, that the "No Man's Land"
(4-1/2 feet located on east side of project) be dealt with. Motion carried: 6
Yeas, 0 Nays.
(32.) Ordinance No. 2002-0 - ZONE CASE NO. 2955 (2623 34"
Street): Hold a public hearing to consider request of Lamar Outdoor
Advertising for a zoning change from C-3 to C-4 Specific Use to allow
a billboard that will be closer than 80-feet to a residential property on
Lot 10, Block 1, Lisemby Addition, and to consider ordinance.
This item was continued.
(Note: The proponent is requesting a continuance to the January 23, 2003
agenda. A letter from Lamar is in Council backup.)
The request proposes that a nonconforming billboard become a permitted
use on a parcel west of Boston on the north side of 34th Street. The
structure remains as a nonconforming use established prior to adoption of
the current zoning code in 1975 and subsequent legal agreements.
Presentations by Lamar and supporters of Lamar focused on the need for a
viable number of billboards around the community to remain a viable
business, the value of outdoor advertising to our business community and
the traveling public, the value of rent to the landowners where the
billboards are located, and the fact Lamar has an employee base that will
be lost if the company is not able to continue doing business in Lubbock.
No individuals spoke in opposition to the request.
When the 1975 ordinance was passed, billboards as a land use were placed
in two districts:
350 square foot boards are allowed in C-4.
700 square foot boards are allowed in M-1.
Billboards are not treated as a sign on property but as a permitted land use.
Thus, a C-4 designation is needed on this property to make the billboard a
conforming use.
The 1975 ordinance provided a 6.5-year period that allowed
nonconforming signs to remain, referred to as an abatement period. The
legal function of abatement allows the value of the sign to be amortized as
a business expense before having to be either removed or brought into
compliance. In the case of billboards, the time frame was longer than
presented by the sign industry as necessary to recoup construction cost.
Litigation and state legislative activity that followed the 1975 adoption
produced two important items related to many of the billboards that were
to come down by 1982:
The zoning ordinance was challenged in Federal court explicitly
related to billboards and the restriction of the use to C-4 and M-1
Districts. The challenge was based on freedom of speech, the
takings clause, public safety issues and other items of law. The
Lubbock District Federal Court and the 5th Circuit Court of
Appeals upheld the new ordinance as a valid function of land use
regulation. For those interested in the history of the sign
ordinance, the Supreme Court denied certiorari, which in effect
means that the 5th Circuit decision became the law. While
Lubbock is no longer at the forefront of sign control, since many
cities in Texas and other states have actually banned billboards and
have more restrictive sign requirements, many of the sign
ordinances in Texas used the Lubbock Court case as a basis for
their original content.
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Regular City Council Minutes
December 19, 2002
Page 559
• In about 1985, the state legislature enacted law that created another
round of possible litigation. The state law created a special
municipal sign control board that had the responsibility of
determining value and the "entire useful life" (versus value of the
materials) of all signs that remained nonconforming because of the
1975 ordinance. The legislation was complex, but the sign
industry was successful in having state law either interfere with or
override local zoning ordinances. Long story short, the Municipal
Board of Sign Control and the outdoor advertising industry agreed
to a District Court approved settlement regarding the existing signs
and when they would be removed.
The 1986 Stipulation agreement between the Municipal Board of
Sign Control and Lubbock Outdoor (the original company later
owned by Martin Outdoor and now by Lamar) was approved. The
Stipulations indicated which billboards were legal at the time (the
number was 40), a group of nonconforming billboards but would
be made conforming or taken down, and which boards would be
taken down or made conforming in future years. The future groups
of boards were outlined in groups having years of "useful life": 38
(1986/87/88), 2 (August, 1995), 3 (November, 1998), 26
(Feb./March, 2002 — the current batch), 27 (August/September,
2008) and 3 (March, 2015). The Stipulations were made a part
within the Court Order. Lamar submitted information in the zone
case that differs with the staff understanding of the numbers of
boards affected. Their numbers appear to exclude the boards
already removed versus a reflection of the original stipulations. A
staff memo on the complete stipulation numbers is in backup.
Lamar inherited the agreement when the company was purchased.
Current employees of Lamar were with Martin Outdoor but may or
may not have been directly involved with the stipulations. In
addition, the due diligence by Lamar during the purchase process
should preclude any statement of the company not being aware of
the agreement until recently.
As noted, the removal date for the sign in question was February
28, 2002. The document indicates that "no later than 30 days prior
to the successive yearly dates provided for the compliance or
removal of signs listed in Part II of Exhibit B, Lubbock Outdoor,
Inc. will provide the City of Lubbock with its final list of which of
the signs on Part II will be in compliance or removed by the next
immediate compliance date". Lamar began meeting with the staff
in February 2002, and was asked to provide a list of billboards they
planned to file zone or ZBA cases to allow the use to continue and
which structures are going to be removed. That list was submitted
in September 2002. This zone case is the first of the requests of
the structures that will be requested to remain.
The Stipulations do indicate that either removal or compliance is
an acceptable resolution. As noted, this zone case is an attempt at
compliance versus removal for this billboard.
This request is not consistent with Comprehensive Land Use Plan
Policy. The Plan contemplates that "commercial land uses which
serve a city-wide or regional market shall be located on regional
thoroughfares or expressways". The city wide or regional zoning
district is C-4, and 34th Street is not a regional thoroughfare. The
sign is not placed according to the principles of the Comprehensive
Land Use Plan and is not in concert with a majority of the land
uses in the vicinity. The staff position in this request does not infer
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Regular City Council Minutes
December 19, 2002
Page 560
that some of the nonconforming locations will make legitimate
future zone or ZBA cases,
As a note, the request is filed as C-4 Specific Use versus C-4 since
the current billboard does not meet one of the criteria for billboards
located in C-4, that is being located a minimum of eighty feet from
any residentially zoned property line. The single-family lot to the
north is approximately 50 feet from the edge of the board.
At this location, the Planning staff is of the opinion that the request should
be denied because:
1. Incompatibility with both adjacent commercial uses and the
residential to the north as well as lack of adherence to the
Comprehensive Land Use Plan guideline regarding the location of
C-4 zoned property.
2. The stipulation should be honored on the basis of the original
timetable proposed by the poster company outlining the "entire
useful life" of the sign. The court agreement suggests that the
useful economic life or value of the billboard has come to an end
and now is a good time for the parcel to conform to
Comprehensive Land Use Plan policy. In addition, the daughter of
the property owner indicated during the hearing that the parcel will
be sold in the near future, and the new owner will not have become
dependent on the rent. The billboard has been at this location since
prior to 1975. The staff is not contending that the billboard does
not contribute to the continuing revenue stream of Lamar Outdoor.
The Planning Commission, after a brief discussion of business viability for
Lamar and related information, recommended approval of the request to
the City Council.
The staff will maintain the position that this particular site is not prime for
location of a billboard. Testimony during the hearing outlined the value of
informing travelers entering Lubbock, and direction to various business
locations. A sign at 34`h and Boston does not seem to fit those criteria.
The staff recommends denial of the request.
(33.) Ordinance No. 2002-00139 - ZONE CASE NO. 2956 (east of MLK
Blvd. and south of East 61h Street): Hold a public hearing to consider
request of Christopher S. Moore for Victory In Praise Church for a
zoning change from R-1 to A-2 limited to a church and church -related
uses on an unplatted 4.8-acre tract of land out of Section 4, Block 0,
and to consider ordinance.
ORDINANCE NO. 2002-00139
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2956; A ZONING CHANGE FROM R-1 TO A-2
ZONING LIMITED TO CHURCH USES, ON AN UNPLATTED 4.8 ACRE -TRACT
OF LAND OUT OF SECTION 4, BLOCK O, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:45 a. m. No one
appeared in opposition. Mayor McDougal closed the hearing at 11:46
a.m.
The request will accommodate a church.
Adjacent land uses:
North — vacant
South — vacant
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East — vacant and residential
West — commercial and vacant
The proposal is reasonably consistent with the Comprehensive Land Use
Plan. The Plan recommended that church tracts be developed on the
perimeter of neighborhoods and adjacent to thoroughfares. This proposal
meets criteria for being on the perimeter of a neighborhood that exists to
the east, but it is not immediately adjacent to a thoroughfare. The property
to the west on 8`h Street, between the proposed church and MLK, is
developed as a heavy commercial laundry facility. Access to the parcel on
81h Street to MLK will not affect any residential area.
The proposal is consistent with zoning policy.
The project should have little effect on the thoroughfare system.
The Planning Commission recommended approval of the request as
submitted, A-2 limited to church and church related uses.
Staff recommended approval of the ordinance.
Motion was made by Council Member Cooke, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2002-00139 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(34.) Ordinance No. 2002-00140 - ZONE CASE NO. 2178-F (south of 105th
Street and west of Indiana Ave.): Hold a public hearing to consider
request of Bernie Gradel, Jr. for Craft Development for a zoning
change from R-1, R-1 Specific Use, and A-1 to R-1 Specific Use for
garden homes with 5-foot front setbacks on cul-de-sac lots and 5-foot
side setbacks on corner lots on proposed Lots 89 through 190, and to
consider ordinance.
ORDINANCE NO.2002-00140
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2178-F; A ZONING CHANGE FROM R-1, R-1
SPECIFIC USE AND A-1 TO R-1 SPECIFIC USE FOR 15 FOOT FRONT SETBACKS
ON REGULAR LOTS, 5-FOOT FRONT SETBACKS ON CUL-DE-SAC LOTS AND
5-FOOT SETBACKS ON CORNER LOTS ON PROPOSED LOTS 89 THROUGH 190,
HIGHLAND GARDENS ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:45 a. in. No one
appeared in opposition. Mayor McDougal closed the hearing at 11:46 a.
in.
The proposal will allow development consistent with the north portion of
the subdivision already zoned for garden homes, as well as the balance of
the subdivision that is traditional single family. The request was initially
submitted for a Specific Use Permit for garden homes that would be built
with traditional five-foot side setback. The objective was to use the 15 foot
front set back allowed in garden home zoning to place an additional ten
feet in the back yard since all the homes are accessed from the alley.
Several existing residents are uneasy about the "garden home"
designation, so the proponent and staff are recommending that the request
be amended to a Specific Use Permit for single-family homes with
specifications for setback that will meet the objective of both the
neighbors and the developer.
The proposed setback for the permit includes:
1. Fifteen feet of front setback for standard lots.
2. A five-foot minimum setback on cul-de-sac lots.
3. A five-foot minimum setback from side streets on corner lots,
including the back yard fence adjacent to the side street.
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An additional condition will ensure that no substandard parking
will occur in the front of the homes:
4. No head -in parking stalls will be permitted from the front street of
any lot. Circle drives may be constructed if no parking will
encroach in the public right of way.
Adjacent land use is residential in all directions.
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policy. A majority of recent subdivisions have been zoned to
allow a twenty -foot front setback, and fifteen is allowed in garden home
areas. The public interest should not be affected by the proposal. The
adjacent residents that have twenty or twenty five-foot setbacks have
expressed approval for this change as amended.
The project will not have a negative effect on the thoroughfare system.
The Planning Commission recommended the request with four conditions:
1. A fifteen -foot of front setback for standard lots.
2. A five-foot minimum setback on cul-de-sac lots.
3. A five-foot minimum setback from side streets on corner lots,
including the back yard fence adjacent to the side street.
4. No head in parking stalls will be permitted from the front street of
any lot. Circle drives may be constructed if parking will not
encroach in the public right of way.
Staff recommended approval of this ordinance.
Motion was made by Council Member Cooke, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2002-00140 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(35.) Ordinance No. 2002-00141 - ZONE CASE NO. 2934-A (south of 109"
Street and west of Grover Ave.): Hold a public hearing to consider
request of Bernie Gradel, Jr. for Craft Development for a zone change
from R-1 Specific Use to R-1 Specific Use for garden homes on an
unplatted 4.08-acre tract of land out of Section 21, Block AK, and to
consider ordinance.
ORDINANCE NO. 2002-00141
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2934-A; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-1 SPECIFIC USE FOR GARDEN HOMES ON AN UNPLATTED
4.08-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 11:45 a. in. No one
appeared in opposition. Mayor McDougal closed the hearing at 11:46 a.
in.
The developer of this area is adjusting the zoning to allow construction of
garden homes. No homes are built in the area at this time.
Adjacent land use is vacant in all directions.
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policies. The proposed garden homes are simply a different style
of single-family homes.
The proposal will have no effect on the thoroughfare system
The Planning Commission recommended approval of the request.
Staff recommended approval of this ordinance.
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Page 563
Motion was made by Council Member Cooke, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2002-00141 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(36.) Ordinance No. 2002-00142 -ZONE CASE NO. 2161-H (south of 861h
Street and west of University Ave.): Hold a public hearing to consider
request of Bernie Gradel, Jr. for Hale County State Bank for a zoning
change from A-1 to C-3 for a bank on an unplatted 4.21-acre tract of
land out of Section 13, Block, E-2, and to consider ordinance.
ORDINANCE NO.2002-00142
_ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2161-H; A ZONING CHANGE FROM A-1 TO C-2
ZONING ON A BANK ON AN UNPLATTED 4.21-ACRE TRACT OF LAND OUT
OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:45 a. in. No one
appeared in opposition. Mayor McDougal closed the hearing at 11:46 a.
M.
This parcel is north of a new home health office building and south of
existing commercial tracts on 86th Street.
Adjacent land uses:
North — commercial
South — garden office
East — residential
West — a playa lake
The parcel is south of the area contemplated as commercial on the current
Comprehensive Land Use Plan. After the original Furr's
commercial/office park proposal did not materialize, the area to the north
noted on the Comprehensive Land Use Plan as commercial has evolved
into a major shopping area with a cinema as the anchor and numerous
freestanding commercial business locations. The amount of land allocated
as commercial on this southwest corner of 82°d and University is well
above the typical ten acres, but older commercial on the east side of
University allowed for commercial to remain across from commercial.
This parcel, as well as the area to the south, was targeted for apartment
development because the lack of depth between University and the lake
made development as single family. This request is filed as a result of the
parcel apparently not being marketable for apartments.
The single land use issue the staff has with the request is that single family
exists across University to the east for a portion of the parcel. Currently
the line of demarcation between residential and commercial is even, just
south of 86th Street. That said, the Commission seemed convinced that
commercial will not have a negative effect on the property to the east, the
parcel is boxed in to the south and west with uses that will not be affected.
If approved, unless the proponent can verify that C-3 is needed, the staff
would recommended that C-2 be substituted. The proposed use for a bank
site is included in C-2 and most other local retail uses that will want to
occupy the site are included in C-2.
Staff recommended approval of this ordinance.
Motion was made by Council Member Cooke, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2002-00142 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(37•) Ordinance No. 2002-00143: Hold a public hearing to consider an
ordinance regarding an amended process and the requirement of a
public hearing prior to moving structures from any area inside or
outside of Lubbock to another location within the city limits.
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Page 564
ORDINANCE NO.2002-00143.
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTIONS
29-30(e) AND 29-28 (f) (2); REQUIRING A SPECIAL EXCEPTION FOR THE
MOVING OF BUILDINGS OTHER THAN MOBILE HOMES, MANUFACTURED
HOUSING, MODULAR HOUSING, OR NEW READY BUILT HOUSING,
AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO ADD A NEW
SECTION III TO CHAPTER I OF THE UNIFORM BUILDING CODE WITH
REGARD TO BUILDINGS TO BE MOVED; AND AMENDING CHAPTER 13 OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO ADOPT
THE 2003 PROPERTY MAINTENANCE CODE WHICH INCLUDES HEARING
PROCEDURES FOR FAILURE TO COMPLY WITH A MOVING PERMIT;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:45 a. m. No one
appeared in opposition. Mayor McDougal closed the hearing at 11:46 a.
M.
A proposal for amending the process for moving structures within and into
the City of Lubbock is recommended from the Planning Commission, with
details as outlined below. The proposed ordinance was also reviewed with
the Building Board of Appeals, where letters invited all of the movers
listed in the phone book. Three movers attended and discussion after the
meeting found little comment other than disgruntlement from those
individuals. They had more complaints about the process of getting
approval for a moving permit from utility companies that the proposed
ZBA hearing process. The full -proposed ordinance is in backup.
Outline:
• Section 1 makes it illegal to move a building within or into the
City without ZBA approval of a conditional use. Excluded from
the ordinance are mobile homes, manufactured homes, new ready
built homes, accessory buildings (shops, etc) and temporary
construction site buildings. The ZBA already has jurisdiction on
approval of mobile/manufactured homes in any zoning district
other than trailer parks or mobile home subdivisions.
• Section 2 creates the process for processing the exception by the
Zoning Board of Adjustment. Notice to neighbors and the
structural, size, exterior and other related items are outlined as
being a part of the review. If approved, a list of improvements will
become a part of the building permit as well as the generic
requirement of the structure being required to meet all of the
building codes.
Section 3 amends the building code to follow suit with the
limitation of moving structures as well as an enhanced
investigative report. The report will be used by the ZBA as part of
the basis for their decision making process.
The section specifies that any structure that is not approved by the ZBA
may only be moved outside the City, and not within 5,000 feet of the
current city limit. This dimension coincides with a current distance
required of any structure that is ordered demolished by the Structural
Standards Commission but the owner chooses to remove the building from
the City.
The section enhances the requirements of site maintenance for the site
from which the building is moved — utility disconnect, safeguards, fill of
any excavation, drainage and trash removal.
The section reinforces the requirement that a structure shall meet the
current building codes applicable to the type of structure. A 90-day period
for completion of the work is established, after the structure is set on the
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December 19, 2002
Page 565
foundation. Unless the Building Official determines that extenuating
circumstances (weather, off site conditions, utility issues) warrant an
extension of the 90 days, the Building Official refers the structure directly
to the Structural Standards Commission.
• The balance of the proposed ordinance amends the process for
placing the structure on the SSC agenda. Normally, when
Business and Neighborhood Development determines that a
structure should be placed on the agenda, a two or three-month
process of deed research is required to meet legal requirements.
Since we will already know the owner, the case will bypass that
research and go on the next available agenda. The SSC has the
ability to order a new timetable for finishing the project or
immediate demolition.
Staff recommended approval of this ordinance.
Motion was made by Council Member Cooke, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2002-00143 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Martin stated that he would like to suggest that staff be
instructed to bring back to the next meeting an ordinance revision stating
that the movers would post a $10,000 cash bond before they move any
structure. Upon successful completion of the move, they would get the
money back.
Amy Sims, Assistant City Attorney, stated this would be a separate code
provision and they would bring this back as a separate ordinance.
Special
11:48 A. M.
Mayor McDougal left the dais.
(38.) Hold a public hearing to consider the request of Texland Petroleum
for an Oil Drilling Permit on a tract of land located approximately
2,660 feet north and 1,746 feet west of the southeast corner in Section
1, Block D-4, Lubbock County, Texas. Designation of well is Texland-
CLU #48-4.
Mayor Pro Tern Hernandez opened the public hearing at 11:48 a. m. Dub
Bratcher appeared on behalf of Texland Petroleum. No one appeared in
opposition. Mayor Pro Tern Hernandez closed the hearing at 11:59 a. m.
(39.) Consider approval of an Oil Drilling Permit for CLU #48-4.
The application is in order. The request is for an additional well to
enhance a secondary recovery pooled unit. Texland proposes earth sludge
pits and no landscaping at the well site. The blowout protector has a
minimum rating of 3,000 psi. Disposal of waste materials is proposed at a
Railroad Commission approved dump in Lubbock County. Access to the
drill site and storage site is proposed from Kent on private property.
SHORT TERM IMPACTS: A minimum of impact is expected for the
short term since the area is uninhabited and current use is agricultural.
The well and storage site are remote from any existing residential
development.
POTENTIAL LONG TERM IMPACTS: The land area surrounding
and including this lease is designated single-family on the Comprehensive
Land Use Plan. At least eight existing wells are in the immediate area.
No known prospects for development exist in this square mile. Few long-
term negative impacts are anticipated.
The staff recommended approval subject to the following conditions:
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Page 566
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil) shall be used to free -up the
hole during drilling until after the first series of surface casing has
been set to 400 feet or greater.
2. The permittee shall require that a first series of casing be set when
drilling reaches a depth of 400 feet. The permittee shall notify the
Lubbock office of the Texas Railroad Commission for the intended
dates for casing the well.
3. The first, and if used, the second series of casing of the well shall
be in compliance with applicable portions of Rule 13 of the Texas
Railroad Commission.
4. The permittee shall meet all other conditions of Section 14, Article
VI of the Lubbock Code and those specifications indicated within
the application of Texland Petroleum for CLU #48-4.
Staff recommended approval of the permit.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison for approval of an Oil Drilling Permit for Texland
CLU #48-4. Motion carried: 5 Yeas, 0 Nays.
(40.) Resolution No. 2002-RO563 authorizing the Mayor to execute a
professional services contract with Parkhill, Smith and Cooper, Inc. in
an amount not to exceed $23,640 for the Burgess -Rushing Tennis
Center Expansion Feasibility Study.
RESOLUTION NO.2002-RO563
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 PROFESSIONAL
SERVICES AGREEMENT (SCOPE OF WORK/EXPANSION FEASIBILITY STUDY) FOR THE
BURGESS -RUSHING TENNIS CENTER WITH PARKHILL, SMITH & COOPER, INC., AND ANY
ASSOCIATED DOCUMENTS, A COPY OF WHICH PROFESSIONAL SERVICES AGREEMENT IS
ATTACHED HERETO AND WHICH SHALL BE SPREAD 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 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Community Pemberton
Corbin Pemberton, Community Projects 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-R0563.
This item was considered following Item 30.
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In October 2002, the City of Lubbock published Request for
Qualifications (RFQ) 240-02/RS for a feasibility study for the expansion
of the Burgess -Rushing Tennis Center (BRTC) to include the addition of
eight tennis courts (four of which will be covered), parking improvements,
lighting improvements, and a new pro shop. If feasible, these
improvements would allow the BRTC to compete for multiple United
States Tennis Association events each year. Participation for each event
includes up to 800 participants plus coaches and spectators. The
Feasibility Study will be utilized for fund-raising efforts as well as for
potential consideration in a future Capital Improvements Program.
Responses to the RFQ were received from the following six design teams
(in alphabetical order):
• Chapman Harvey, Architects, Lubbock
• HH Architects, Dallas
• McKinney Architects, Inc., Austin
• Parkhill, Smith and Cooper, Inc., Lubbock
• MESADesign Group, Dallas
• SLS Partnership, Inc. Lubbock
A five -member committee was formed to evaluate the qualifications of the
responding firms. The evaluation committee is comprised of:
1. Randy Truesdell, Park and Recreation Director
2. Larry Hertel, City Engineer
3. Brett Glenn, Landscape Architect
4. Ivette Eads, Outdoor Recreation Supervisor
5. Jim Blacketer, Tennis Pro, Burgess -Rushing Tennis Center
After reviewing the qualifications, staff has selected Parkhill, Smith and
Cooper (PSC) as the most qualified firm. The decision is based on PSC's
team organization and expertise, including previous experience directly
related to this project as well as their ability to resolve design problems
specific to the project. The firm's success in completing similar projects
consistent with program schedule, budget, and technical requirements was
also a factor in the decision.
Services provided by the architect/engineer will include:
I . Master plan based on stakeholder input
This will include an on -site workshop with the design team, City staff and
the various user groups to establish goals, objectives and a final program
for the overall design and operations of the Tennis Center. Based on the
input, two conceptual drawings will be presented in order to achieve a
consensus plan. A final Master Plan document will be presented to the
City.
2. Flood plain and drainage analysis
This scope of work will be coordinated between the City of Lubbock
Storm Water Management Team and the Parks and Recreation
Department to ensure that the floor levels of all facilities will be set above
the 100-year flood plain elevation.
3. Schematic design
This scope of services will include two different schemes for a proposed
new pro shop based on user group input. A conceptual layout and
expansion plan for the parking lot will also be included that will meet the
accessibility guidelines of the Texas Department of Licensing and
Regulations (TDLR).
4. Opinion of Probable Cost
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Page 568
The scope of work includes providing cost estimates for all new
construction. The opinion of probable cost will be included in the Master
Plan document.
The fee for the services will not exceed $23,640. To assist with fund
raising efforts and for possible consideration in the upcoming Capital
Improvements Program, the final Master Plan is scheduled to be presented
to the City of Lubbock on March 3, 2003.
Council Member Martin asked where the funds are available and were
these budgeted?
Corbin Pemberton, Community Projects Manager, said a $25,000 capital
project that was approved by Council with funding starting October 1.
Staff recommended approval of this resolution.
Motion was made by Council Member Boren, seconded by Council
Member Hernandez to pass Resolution No. 2002-RO563 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Morrison was away from the dais.
(41.) Resolution No. 2002-RO564 authorizing the Mayor of the City of
Lubbock to execute for and on behalf of the City of Lubbock an
Agreement between Frito Lay, Market Lubbock, Inc., and the City of
Lubbock in regard to the installation of a wastewater primary
clarifier system.
RESOLUTION NO.2002-RO564
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with Frito Lay
and Market Lubbock, Inc. for the installation of a wastewater primary clarifier system,
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 Council.
Passed by the City Council this 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2002-R0564.
Lubbock Frito Lay employs approximately 305 people in Lubbock with a
$9.7 million annual payroll. The average annual salary at the Lubbock
Frito Lay plant is approximately $32,000 per year, not including benefits.
Frito Lay has a very diverse and stable workforce with an ethnic makeup
of 50% Hispanic, 6% African American, and 44% Caucasian/Other.
Regular City Council Minutes
December 19, 2002
Page 569
The City of Lubbock and Market Lubbock, Inc. were approached by
Lubbock Frito Lay to assist them in addressing some issues that are
hindering the plant's competitiveness with other Frito Lay plants. Each
plant operates as a separate profit center and "bids" to produce new
product lines. `Bids" are won by plants that have the lowest production
costs. Being 40 years old, the Lubbock plant is at a competitive
disadvantage and will become more so unless substantial improvements
are made.
A key issue is the sewer surcharge that Frito Lay pays the City. It has
increased substantially over the last few years as the City's costs to
process commercial effluent have gone up and water consumption, which
plays heavily in sewer surcharge calculation, has increased. Frito Lay has
asked for assistance from both the City of Lubbock and Market Lubbock,
Inc. in order to resolve this issue.
Frito Lay plans to invest approximately $6.0 million in upgrading the plant
during the next three years. Part of this investment is for an effluent
pretreatment system (clarifier), at a cost of $2.5 million. It will remove
much of the solids currently going into the City's sanitary sewer system,
thereby reducing the surcharges that Frito Lay pays by 2/3. In order to
make this large investment in a small plant in their system, Frito Lay has
to demonstrate a certain return on investment for the funding to be
approved by the parent company, PepsiCo.
In order to help Frito Lay meet their return on investment on this project,
the City of Lubbock and Market Lubbock, Inc. are proposing the
following:
1. Market Lubbock, Inc. will provide a $600,000 job retention
incentive to be paid out over three years, with Frito Lay
committing to maintain a $9.5 million payroll. The payout of the
incentive will be: first year: $300,000, second year: $200,000,
and third year: $100,000. The Market Lubbock, Inc. Board of
Directors approved this incentive at their August, 2002 Board
meeting.
The City of Lubbock, through its Water/Sewer Utility, will provide
to Frito Lay credit for wastewater surcharges in the amounts of
$144,000 in 2002, $576,000 in year 1 (2003) and $156,000 in year
2 (2004) applied against Frito Lay's annual bill for wastewater
surcharges. In order to be eligible for this credit, Frito Lay must
"front" the cost of the clarifier and commit to maintain a $9.5
million annual payroll from January 1, 2003 to January 1, 2010
(seven years). If the actual cost of the clarifier is less than $2.5
million, the savings are deducted from the credits total. The
proposed source of funds for the credits is to defer annual transfers
from the Water/Sewer Utility to the Community Investment Fund
until the credits are paid out.
2. The City and County of Lubbock have created a reinvestment zone
around the Lubbock Frito Lay plant and approved a declining scale
tax abatement on the new improvements.
Frito Lay will invest $6.0 million in upgrading and modernizing their
existing facility, which includes the installation of a new primary
clarification system that will lower the load on the City system and lower
Frito Lays wastewater surcharges. These investments will improve the
ability of the Lubbock plant to compete within the Frito Lay system and
help maintain the viability of this Lubbock employer in the future.
Richard Burdine, Assistant City Manager, gave staff comments.
Staff recommended approval of this resolution.
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Motion was made by Council Member Martin, seconded by Council
Member Boren to pass Resolution No. 2002-RO564 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
The next item considered was Item 31.
(42.) Resolution No. 2002-RO565 authorizing execution, for and on behalf
of the City, of Lubbock, of a contract with Humphreys & Partners
Architects, L.P./Parkhill, Smith & Cooper to develop the Streetscape
Master Plan Guidelines for Overton Park.
This item was considered following Item 39.
Humphreys & Partners Architects are the architects retained by McDougal
Companies, Inc. to develop the blueprint/Master Plan of Overton Park in
North Overton. Humphreys & Partners have extensive experience in
master plan development, community planning, multi -family housing,
hotel design and single-family housing.
The purpose of this resolution is to contract with Humphreys & Partners to
assist the City/TIF District in developing the Streetscape Master Plan
Guidelines for Overton Park. This is the responsibility of the City/TIF
District and not the developer. In addition, Humphreys & Partners will
contract with Parkhill, Smith & Cooper, Inc., a local firm, to provide the
final design concept graphics and verbiage for the guidelines. The amount
of the contract is $59,062, with reimbursables not to exceed $5,000, and
will be reimbursed by North Overton TIF revenues. The major benefit
will be the coordination and continuity of the overall development
including design elements. As projects materialize in the future, these
guidelines will assist staff when working with future developers, builders,
and landscape architect companies with design standards for streetscapes
in Overton Park.
Staff recommended approval of this resolution.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to pass Resolution No. 2002-RO565 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
(43.) Consider directing the City Manager to withdraw the City of
Lubbock application to the Texas Commission on Environmental
Quality (TCEQ) for a composting registration at Landfill #69 (Avenue
P).
Operations Analysis - This document and the attached spreadsheet
describe three scenarios for current and/or proposed operations at the
Avenue P and Abernathy landfills as follows:
A. Addition of composting at the Avenue P landfill and continuation of
other activities there except for operation of a Type I landfill
(receiving residential and commercial garbage);
B. Addition of composting at the Abernathy landfill and continuation of
other activities at Avenue P except for operation of a Type I landfill;
and,
C. Abandoning all operations at Avenue P.
Citizen Convenience Station — This operation is made available to reduce
illegal dumping and offer citizens the convenience of disposing of
household waste without driving to the Abernathy landfill. The City has
operated a station at the Avenue P Landfill since it opened in the 1970s.
The current operation is unsightly, inefficient and costly to maintain.
The recently completed station is attractive, customer -friendly and
efficient. Because our citizens can dispose of the waste into the top of a
roll -off container, we can accept and contain more waste with less
processing. Once the new operation is opened, the old operation will be
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removed. The annual operating cost estimate is $64,000. Development
cost was $270,000.
The station is permitted to receive 265 tons per day of commercial and
residential waste. However, our policy is to accept only residential waste.
Historically, we have received 25 tons per day. Without an aggressive PR
and code enforcement campaign to address illegal dumping, we do not
expect traffic to increase with the opening of the new station.
If we abandon this operation, we expect citizen request for bulky item
pickup to increase dramatically and remote areas in the City and County of
Lubbock will experience more illegal dumping. A cost estimate for these
impacts is not available at this time.
BioSolids Composting — Staff have developed a six-month pilot program
to demonstrate the effectiveness of our program. All costs per cubic yard
reflect charges to the Sewer Fund to dispose of sludge since the market for
compost is not known at this time. Staff has determined that a composting
pilot program at Avenue P will cost far more (estimated at $47.13/ton)
than traditional landfill disposal of sludge ($26.25/ton) and should not go
forward at either landfill until a market for compost is clearly determined.
The operating cost of the pilot program at Avenue P is approximately
$120,000 less than the cost at Abernathy (see item 2., options A and B of
spreadsheet). This cost difference is relatively small in the "big picture"
of the City's multi -million dollar solid waste operations. Furthermore, in
light of the concerns about composting expressed by residents in the
vicinity of the Avenue P landfill and the New Deal ISD, composting at
Avenue P is not recommended now or in the future.
Cell VI — Construction and Demolition (C&D) Material Disposal — The
C&D cell is permitted to accept construction and demolition debris. This
includes virtually everything related to the construction industry including
street demolition, housing demolition, commercial demolition, wood
waste, brush, etc. The cell is not permitted to receive decomposing or
hazardous waste.
The C&D cell has 740,000 cubic yards of space available with only 50%
the cell lined to accept waste. Based on 50 tons per day, this portion of the
cell has a life expectancy of approximately seven years. Once this half of
the cell has reached capacity, we may develop the remaining half at a cost
of approximately $800,000.
The annual cost to operate this cell is $112,000, or approximately
$7.25/ton. The cost to construct the cell was $425,000. Based on a 7-year
cell life, the cost per ton to recover development expenses is $4.00. To
recover development expenses and annual operating costs we would
charge $11.25 per ton. At 50 tons per day, we can expect to receive
approximately $175,000 per year for the life of the cell.
To close this cell we are required to bring it to grade within 180 days. In
order to do so, we are required to fill the cell with soil and cover with
topsoil for vegetation at a cost of approximately $2,220,000.
If we abandon this operation, we do not expect this waste to be diverted to
the Abernathy Landfill, but go to one of the private operators in the
vicinity of the Avenue P Landfill.
Cell V — Inert Material Disposal — The inert cell is permitted to receive
brick, block, old asphalt (from which creosote has leached out due to age),
and concrete (incidental rebar acceptable). In addition to inspecting or
spotting loads, we are required to cover the waste in this cell at least once
every thirty days.
The inert cell has 154,000 cubic yards of space remaining. Based on 50
tons per day, the cell has a life expectancy of approximately 20 years.
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The annual cost to operate this cell is $16,000, or approximately
$1.00/ton. The cost to construct the cell was $940,000. Based on a 20-
year cell life, the cost per ton to recover development expenses is $3.00.
To recover development expenses and annual operating costs we could
charge $4.00 per ton. At 50 tons per day, we expect to receive
approximately $62,000 per year for the life of the cell.
To close this cell we must bring it to grade within 180 days. To do so in
such a short time we would have to fill the cell with soil and cover it with
topsoil for vegetation at a cost of approximately $463,000.
If we abandon this operation, we do not expect that this waste will be
diverted to the Abernathy Landfill but rather go to one of the other
operators in the vicinity of the Avenue P Landfill.
Post Closure Care and Gas Collection System Maintenance — Regardless
of the activities occurring at the Avenue P Landfill, our permit requires
that we perform post closure care and operate and maintain the gas
collection system for at least the next 30 years. The annual cost of this
care and maintenance is $52,000.
Staff recommended that City Council direct the City Manager to withdraw
the City of Lubbock application to the Texas Commission on
Environmental Quality for a composting registration at Landfill #69
(Avenue P). Once staff determines the market value of compost produced
with the feedstock available to the City, we may ask the City Council to
consider authorizing an application to TCEQ to conduct composting at the
Abernathy landfill.
Staff further recommended that the citizen convenience station,
construction and demolition disposal cell and the inert material disposal
cell be operated at Landfill #69 as planned. Discontinuing these
operations will make refuse disposal for Lubbock citizens much less
convenient, lose a substantial investment already made at Avenue P
(approx. $1.7M) and impose large and unbudgeted closure costs on the
City's Solid Waste Fund (approx. $2.7M).
Richard Burdine, Assistant City Manager, gave staff comments.
Motion was made by Council Member Boren, seconded by Council
Member Cooke to directing the City Manager to withdraw the City of
Lubbock application to the Texas Commission on Environmental Quality
(TCEQ) for a composting registration at Landfill #69 (Avenue P) as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(44.) Resolution No. 2002-R adopting the user fee system for Alan
Henry, the Sam Wahl Recreation Area, and the LAH Wildlife
Mitigation Area.
This item was deleted.
(45.) Resolution No. 2002-RO566 adopting a Prairie Dog Management Plan
for the Lubbock Land Application Site.
RESOLUTION NO. 2002-RO566
WHEREAS, the City of Lubbock owns and operates a sewage effluent land
application site (the "LLAS) located in Lubbock County, Texas; and
WHEREAS, said LLAS is occupied by extensive prairie dog towns of Cynomys
lluovicianus (black -tailed prairie dog); and
WHEREAS, it is necessary that the City manage the prairie dog population on
LLAS in order to ensure that the LLAS can be effectively, efficiently and agronomically
operated; and
WHEREAS, the City Council desires that no burrowing owls be harmed in the
course of managing the prairie dog population at LLAS; and
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WHEREAS, the City Council believes that the prairie dog population at LLAS
can best be managed in accordance with the attached Prairie Dog Management Plan;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE OF LUBBOCK:
THAT the management of the prairie dog population at LLAS shall be in
accordance with the attached Prairie Dog Management Plan, which Plan is hereby
approved and adopted by the City Council of the City of Lubbock. Said Prairie Dog
Management Plan shall be spread upon the minutes of the Council and shall be a part of
this Resolution for all intents and purposes as if fully copied herein in detail.
Passed by the City Council this 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, City 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-R0566.
The Prairie Dog Management Plan was developed by a team including
representatives of the Llano Estacado Audubon Society, Texas Parks &
Wildlife Department, the U.S. Fish & Wildlife Service and the City of
Lubbock. To quote the Plan:
"The following facts and priorities have been used to guide plan
development, understanding that the primary purpose of the Lubbock
Land Application Site (LLAS) is effluent disposal, and that prairie dog
conservation and management by the City of Lubbock (COL) are
secondary and voluntary actions:
1. Recapture center pivots areas;
2. Discourage and prevent future migration of prairie dogs into center
pivot areas;
3. Minimize impacts to burrowing owls; and,
4. To the extent possible in accordance with item Labove, manage
non -priority areas of the LLAS for native wildlife resources."
Within these guidelines, the team developed a practical plan for non -lethal
removal of prairie dogs living in the center pivots with minimal impact on
burrowing owls. Once prairie dogs and burrowing owls are evacuated,
visual barriers and raptor perches will be erected to discourage prairie
dogs from migrating from the corners back to the center pivots.
"Intruders" will be located and a non -City relocator contacted. They will
have 48 hours to remove the prairie dogs, after which time City personnel
may elect to use lethal means.
The Plan also provides for the City to "leverage" U.S. Fish & Wildlife
Service funds on a 3 to 1 basis, up to $15,000 in this initial phase. The
City can use cash or in -kind services, e.g., volunteer time on installing
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Page 574
prairie dog visual barriers and LP&L erecting used power poles as raptor
perches.
Staff recommended approval of this resolution.
Council Member Martin stated he had been asked how quickly the City
was going to plow this area.
Richard Burdine, Assistant City Manager, explained the plan anticipates
plowing to begin around the middle of January of 2003. The fields should
be ready to plant by late February or early March.
Motion was made by Council Member Martin, seconded by Council
Member Cooke to pass Resolution No. 2002-RO566 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays.
(46.) Resolution No. 2002-RO567 an order and resolution suspending the
effective date of the proposed implementation of increased rates
within the City of Lubbock by Atmos Energy Corporation for 90 days
and ordering a hearing upon said proposed rate increase within the
City of Lubbock.
RESOLUTION NO.2002-RO567
WHEREAS, a Statement of Intent to increase rates within the City of Lubbock
effective Janaury 10, 2003, was filed on December 3, 2002, with the City Manager of the
City of Lubbock by Atmos Energy Corporation; and
WHEREAS, the City Council of the City of Lubbock has received on December
11, 2002, a complaint about said raid increase from an affected person, which complaint
is attached hereto as Exhibit A; and
WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory
authority under provisions of law, is required by law (Section 104.105, Utilities Code) to
hold a public hearing to inquire into the reasonableness of such proposed gas rate change
as a result of receiving said complaint by an affected person; and
WHEREAS, the City Council has authority under provisions of law (Section
104.107, Utilities Code) to suspend implementation of such changed rate for up to ninety
(90) days pending hearing and decision on such proposed rate change; 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, sitting as a
regulatory authority under authority of Chapter 104 of the Utilities Code, hereby
suspends the effective date of the proposed rate change indicated in the Statement of
Intent to increase rates filed with the City Manager by Atmos Energy Corporation, for a
period not to exceed ninety (90) days from the date when such rate change would
otherwise have been effective in order for the City of Lubbock to study the rate request
and determine its necessity; and
SECTION 2. THAT since a complaint from an affected person has been
received, the City Council of the City of Lubbock, in accordance with mandatory
requirements of Section 104.105 of the Utilities Code hereby orders and directs that a
public hearing upon said proposed rate change by Atmos Energy Corporation be held in
the City Council Chambers of the Lubbock Municipal Building, 1625 131h Street, at
_. M. on the 27th day of March, 2003, to determine the reasonableness of such
proposed rate increase. The City Manager of the City of Lubbock is hereby authorized
and directed to give Atmos Energy Corporation immediate written notice of the
suspension of such rate increase for 90 days and of said hearing by serving a copy of this
Resolution and Order upon them at its business office located in the City of Lubbock.
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Passed by the City Council this 19th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 2002-R0567
Atmos Energy Corporation submitted a Statement of Intent to increase its
rates (service charges) for customers in Lubbock to the City Manager on
December 3, 2002. The proposed effective date is January 10, 2003.
Pursuant to Section 104.105, Utilities Code, the City Council must
conduct a hearing to determine the reasonableness of such proposed rates
if a complaint is received from any affected person. The City Council
received such a complaint on December 11, 2002. Consequently, the City
Council must conduct a public hearing on the rate increase request.
This order and resolution of the City Council sitting as a regulatory
authority under the Gas Utility Regulatory Act serves to order the required
public hearing, and to suspend implementation of the proposed rates for 90
days. The hearing must be commenced during the 90-day suspension
hearing.
An informal hearing procedure will suffice, since the proposed change is
not a major change increasing the aggregate revenues of the utility by
more than 2 1 /2 percent.
The order and resolution will need to be served on the utility by personal
delivery to serve as notice of the hearing time and date.
Staff recommended passage of the order and resolution setting a time and
place for a public hearing on the proposed rate increase filed by Atmos
Energy Corporation as required by state law.
Motion was made by Council Member Boren, seconded by Council
Member Morrison to pass Resolution No. 2002-R0457 to suspend the
effective date of the proposed implementation of increased rates within the
City of Lubbock by Atmos Energy Corporation for 90 days and order a
hearing upon said proposed rate increase within the City of Lubbock for
the second Council meeting in March 2003. Motion carried: 5 Yeas, 0
Nays.
(47.) Consider five appointments to the Citizens Advisory Committee.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Bobby Kazee, Dawn Pace, Phil Price, David
Seim and Jack Thompson to the Citizens Advisory Committee. Motion
carried: 5 Yeas, 0 Nays.
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Page 576
(48.) Consider one appointment to the Board of Health.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Don May to the Board of Health. Motion
carried: 5 Yeas, 0 Nays.
(49.) Consider two appointments to the Central Business District Tax
Increment Finance Reinvestment Zone.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint R. J. Givens and Robert Greenhill to Central
Business District Tax Increment Finance Reinvestment Zone. Motion
carried: 5 Yeas, 0 Nays.
(50.) Consider two appointments to the Community Development and
Services Board.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Ricardo Garcia to the Community
Development and Services Board. Motion carried: 5 Yeas, 0 Nays.
(51.) Consider one appointment to the Libraries Board.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Scot Mayfield to the Libraries Board.
Motion carried: 5 Yeas, 0 Nays.
(52.) Consider one appointment to the Permit & License Appeal Board.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to reappoint David Tate to the Permit & License Board.
Motion carried: 5 Yeas, 0 Nays.
12:07 P.M. ADJOURNMENT
There being no further business to come before Council, Council Member
Cooke made a motion to adjourn; Council Member Morrison seconded the
motion. Motion carried: 4Yeas, 1 Nay. Council Member Martin voted
Nay.
Read and approved this. - day of
'MARC MCDOUGAL, MAYOR
ATTEST:
e cca Garza, City Secretary
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