HomeMy WebLinkAboutMinutes - City Council - Regular - 1/25/2001CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 25, 2001
1:30 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 25th
day of January, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 1:30 P. M.
1:35 P. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Marc McDougal, Councilmember Frank Morrison,
Councilmember David Nelson
Absent: Councilmembers Hernandez and Patterson
CITIZEN COMMENTS
Five citizens expressed comments to the Council. They were:
Don Yontz of Uponor ETI Company, Richard Sandefur of
Sandefur Sales, Ron Bishop, Vice -President of Diamond Plastics,
Inc. and Mark Montgomery of Uponor ETI Company regarding
Bid #278-00/LR.
Dr. Neale J. Pearson expressed comments in regard to the
relocation of the voting place for Voting Precinct No. 23.
EXECUTIVE SESSION
Mayor Sitton stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Attorney; City Manager; City Secretary); to
deliberate, vote and take final action on electric rates of Lubbock Power
and Light (Electric Utilities); pending or contemplated litigation (Civic
Center; Lubbock Power and Light; Parks Department; Police 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 (Facilities
Management; Fire Department; Lubbock Power and Light; Stormwater
Utilities; Water Utilities).
2:00 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present except for Councilmembers
Hernandez and Patterson.
(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 to deliberate, vote and take final action on
electric rates of Lubbock Power and Light (Electric Utilities).
( 3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
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January 25, 2001
Page 24
litigation (Civic Center; Lubbock Power and Light; Parks
Department; Police 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:
Community Relations Commission
Board of Electrical Examiners
Board of Health
Neighborhood Redevelopment Commission
Park and Recreation Board
( 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 (Facilities Management; Fire Department;
Lubbock Power and Light; Stormwater Utilities; Water Utilities).
3:42 P. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present except for Councilmembers
Hernandez and Patterson
( 6.) Discussed residential development at Lake Alan Henry. Harvey
Morton, Gerald Huffaker, Attorneys at Law and Judge Giles Dalby
(15 minutes)
Mr. Morton wrote a letter requesting that he and Mr. Huffaker be placed
on the agenda and outlining their proposed plans for Lake Alan Henry
residential development.
No action was required on this item.
(7.) Presentation of the City of Lubbock Comprehensive Annual Financial
Report for the fiscal year 1999-2000. Perry Stout, Interim Managing
Director of Finance; John Burdette, CPA and Partner at Robinson,
Burdette, Martin, Seright & Burrows, L.L.P. (20 minutes)
Each year the Accounting Department prepares a comprehensive annual
financial report (CAFR) that is designed to provide the City Council,
citizens, representatives of financial institutions and others with detailed
information concerning the financial condition and performance of the
City of Lubbock. As a significant component of the preparation of the
CAFR, an independent audit firm of certified public accountants performs
an audit of the City's general-purpose financial statements and notes.
The City of Lubbock 1999-2000 Comprehensive Annual Financial Report
was distributed to City Council members in the work session presentation.
Financial highlights of City operations for the fiscal year ended September
30, 2000 was presented via PowerPoint presentation.
John Burdette, CPA and partner of Robinson, Burdette, Martin, Seright &
Burrows, L.L.P., presented the audit opinion to the City Council and
addressed any questions that the City Council members had about the
audit or audit opinion.
City Council was asked to take minuted action to accept by consensus the
annual financial report.
Preparation of the report and acceptance by the City Council was required
under the City Charter. The report was accepted by consensus.
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January 25, 2001
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(8.) Presentation regarding Temporary Election Committee's
recommendations on polling places. Becky Garza, Interim City
Secretary; and Neale Pearson, Committee Member (10 minutes)
This item was deleted.
4:45 P. M. WORK SESSION RECESSED
5:00 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Marc McDougal, Councilmember Frank Morrison,
Councilmember David Nelson, Bob Cass, City Manager; Anita
Burgess, City Attorney; and Becky Garza, Interim City Secretary
Absent: Councilmembers Hernandez and Patterson
Mayor Sitton called the meeting to order at 5:00 P. M.
(9.) Pastor Norris Harris of New Zion Baptist Church gave the invocation.
(10.) Pledge of Allegiance -,N,as given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Appointments Advisory Board:
Receiving: Bruce Allaire
Building Board of Appeals:
Receiving: Mark Anderson
Culture and Arts Commission:
Receiving: Julia Carrillo
Keep Lubbock Beautiful Advisory Committee:
Receiving: Janet Schmidly
Permit and License Appeal Board:
Receiving: David Tate
CITIZEN APPEARANCES
(11.) Presentation of Certificate of Achievement for Excellence in Financial
Reporting to the City of Lubbock by Bob Freeman, former Vice
Chairman of the Governmental Accounting Standards Board
(GASB).
The Government Finance Officer's Association of the United States and
Canada awarded a Certificate of Achievement for Excellence in Financial
reporting to the City of Lubbock for its Comprehensive Annual Financial
Report (CAFR) for the fiscal year ended September 30, 1999. The
Certificate of Achievement is a prestigious national award recognizing
conformance with the highest standards for preparation of state and local
government financial reports. In order to be awarded a Certificate of
Achievement for Financial Reporting, a governmental unit must publish
an easily readable and efficiently organized CAFR, where contents
conform to program standards. The CAFR must satisfy both generally
accepted accounting principals and applicable legal requirements.
The City of Lubbock has received the Certificate of Excellence in
Financial Reporting for the past sixteen consecutive years.
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January 25, 2001
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Bob Freeman, distinguished professor of accounting at Texas Tech
University and former Vice Chairman of the Governmental Accounting
Standards Board (GASB), represented the Government Finance Officer's
Association by this presentation of this award to the City.
The award was accepted by Perry Stout, Interim Managing Director of
Finance. Perry Stout also recognized other staff members: Brack Bullock,
Linda Cuellar, Andy Burcham and Dena Morris.
No action was required.
(12.) Presentation of a special recognition to South Plains Tech Prep and
School -To -Careers Partnership in recognition of National Groundhog
Job Shadow Day.
The Mayor presented this special recognition declaring February 2, 2001
as the third annual "Groundhog Job Shadow Day" to the South Plains
Tech Prep and School -To -Careers Partnership. Groundhog Job Shadow
Day is a day dedicated to giving young people across the nation the
chance to shadow a workplace mentor as they go through a normal day on
the job. This event will provide students with an up -close look at how the
skills they learn in school are put into practice in the workplace.
Approximately 1,100 high school juniors, 15 of whom are disabled, will
be participating and representing 31 schools across our region. Jill Berset,
Director of the South Plains Tech -Prep and School -To -Careers Partnership
accepted this special recognition. Staff provided the names of these
individuals to Mayor and Council prior to the presentation.
Mayor Sitton requested that this item be placed on the agenda.
(13.) Presentation of the Legendary Service Star Award for January.
The Legendary Service Star Award recognizes an employee or team which
has exhibited exemplary customer service. Chief Hailey and Bob Cass
recognized the employees of the Fire Department. They were:
Ed Donaho, Roger Jeffcoat, Kyle Pounds, Wes Richardson, Les
Wooten, Chris Angerler, Lance Barrett, Rex Driver, Doug Fish, Ed
Henderson, Mark LaFon, Mike Martin, Shawn Potter and Randy
Selman.
TOP TEN LIST
Councilmember David Nelson presented his Top Ten List of Positive
Things About Lubbock.
No. 10 is Legislative Opportunities. With the help of our neighbor to the
north, (Speaker of the House Pete Laney from Hale Center), Lubbock is
poised to reap legislative successes during the next biennium. Lubbock's
Delwin Jones is Chairman of the vital Redistricting Committee of the
State House, Lubbock native Rob Junell is Chairman of the House
Appropriations Committee - and with our Senator Robert Duncan again
serving on the Senate Finance Committee, Lubbock is poised to benefit
from this legislative session, especially with fellow West Texan Rick
Perry (Haskell) as our Governor.
No. 9 is Unanimity of Voice. Though the legislative process allows for a
variety of opinions and philosophies, I can safely say that our City Council
and our economic development arms are unanimous in the one thing that
is most vital to Lubbock; that is to make Lubbock the best place in which
to live and work in the United States. We will join hands, join forces, and
join voices in accomplishing that objective.
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No. 8 is Black History Month. The month of February has been
designated as Black History Month. We should celebrate and highlight
that as a positive aspect of our city. Black History Month began in 1915
by a noted black scholar and historian named Carter G. Woodson, who is
known as the father of Black History. February is chosen because it
includes the birth dates of other champions of black awareness, Frederick
Douglas and Abraham Lincoln. Remember, Lubbock has over 19,000
residents of African -American origin — almost 10% of our total population
— who are making increasingly significant contributions to our community.
No. 7 is Boards and Commissions. Participation in the government
process by our citizens is one of the keys to Lubbock's success. Our City
Council is able to utilize the depth and breadth of resources of our
individual citizens through 43 advisory boards. I invite you to volunteer
your time and resources by serving on one of our many boards and
commissions. Apply through the City Secretary's office.
No. 6 is Oxymoronic. Certainly you have heard Lubbock described as an
and oasis and perhaps a city comprised of visionary conservatives. These
seemingly incongruent terms aptly describe what we in Lubbock have
known forever. Where else but in Lubbock can you produce a $10 billion
agricultural crop annually on 18 inches of rainfall, without the advanced
technology of 21" century irrigation and the true persistence of our farm
community? Where else but Lubbock do you envision your city going
from a cotton patch to the largest cotton producing area in the U.S., and
taking Texas Technological College from its simple origin in 1923 to a
Tier I research university?
No. 5 is Corridors. I-27, Ports -to -Plains, and Agri -Tech. Much has been
said about the opportunity that our highway system provides from an
economic development standpoint. The efforts by community leaders
from Mexico to Colorado, emanating right here in Lubbock, are creating
opportunities for economic development that will benefit generations in
the future.
No. 4 is Kids. Kids are our future and are our primary source of
population growth. Not only are kids vital statistically, but they are our
future, both in resources (brainpower and enthusiasm), and as an
investment that pays dividends. If we can retain or bring our kids back to
Lubbock by providing them jobs, doesn't it stand to reason that Lubbock
will be a better place in the future?
No. 3 is Yippee Kiyiyo. Cowboys made west Texas real estate valuable
and provided us a rich heritage. The Ranching Heritage Center is a one -
of -a -kind museum that preserves that history and enables us to have
celebrations like the National Cowboy Symposium. Do you suppose those
early cowboys ever envisioned sitting around the campfire admiring the
fertile pastureland while pouring a bottle of vintage Lubbock wine?
Cowboys and Cabernet — only in Lubbock.
No. 2 is Exemplary Schools. LISD has 30 schools that have been declared
exemplary or have been recognized by the Texas Education Agency. Our
campuses are safe, and Lubbock High has been nationally recognized as a
Blue Ribbon High School. Because of the hard work and genuine concern
of our teachers and principals, our community is receiving dividends now,
and will in the future.
No. 1 is State of Mind. Bigger and better (at least as compared to
Amarillo!), proud, competitive, economically evolving, hub, young adult -
like, broadening ethnically, simple, plain-spoken, fiscally conservative,
godly, hospitable, friendly, spoiled (even though we don't realize it), and
small fish in the big pond (but, by God, we belong in the big pond!). Yes,
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Lubbock is truly a state of mind, and how fortunate we are to live in such
a great state of mind!
CONSENT AGENDA (Items No. 14-44)
Motion was made by Councilmember McDougal, seconded by
Councilmember Morrison to approve Items 14-44 on consent agenda as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(14.) Approval of the minutes of the Regular City Council Meeting of
January 11, 2001.
(15.) ORDINANCE #2001-00003—ZONE CASE NO. 2896 (661h Street and
Quincy Avenue): Request of Jay Stone (for Jay and Thelma Stone,
George McMahan, Donald and Joyce Cunningham, Mark and
Rhonda Greco, L.D. and Virginia Martin, and Paz Malinar) for a
zoning change from T to C-4 with conditions on tracts of land out of
the northwest corner of Section 30, Block AK (second and final
reading).
ORDINANCE NO. 2001-00003
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2896; A ZONING CHANGE FROM T TO C-4 AND
C-4 SPECIFIC USE FOR MINI WAREHOUSES ZONING ON TRACTS OF LAND
OUT OF THE NORTHWEST CORNER OF SECTION 30, BLOCK AK, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(16.) ORDINANCE #2001-00004—ZONE CASE NO. 2897 (7617 S.
University Avenue): Request of Chris Level (for the Aark Self
Storage) for a zoning change from C-2 to C-4 Specific Use for mini
warehouses on a 50 foot by 125 foot parcel of land out of Tract E,
Sandlewood Village Addition (second and final reading).
ORDINANCE NO.2001-00004
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2897; A ZONING CHANGE FROM C-2 TO C-4
SPECIFIC USE ZONING FOR MINI WAREHOUSES ON A 50 FOOT BY 125 FOOT
PARCEL OF LAND OUT OF TRACT A-1-13 AND A 50 FOOT BY 19 FOOT PARCEL
OF LAND OUT OF TRACT E, SANDLEWOOD VILLAGE ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(17.) ORDINANCE #2001-00005—ZONE CASE NO. 2898 (3608 24th Street):
Request of Gary A. Ward (for Endoscopic Land Development) for a
zoning change from R-1 to AM on the south 160 feet of Lot 5A, Block 1,
Rock Haven Addition (second and final reading).
ORDINANCE NO.2001-00005
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2898; A ZONING CHANGE FROM R-1 TO AM
ZONING ON SOUTH 160 FEET OF LOT 5A, BLOCK 1, ROCK HAVEN
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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(18.) ORDINANCE #2001-00006—ZONE CASE NO. 2899 (7702 Indiana
Avenue): Request of Tim Pridmore (for Cumberland Presbyterian
Church) for zoning change from R-1 to A-2 for a church and church
related uses on Tract G and the north 250 feet of Tract G-1, Melonie
Park South Addition (second and final reading).
ORDINANCE NO.2001-00006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2899; A ZONING CHANGE FROM R-1 TO A-2
ZONING LIMITED TO CHURCH USES ON TRACT G AND THE NORTH 250 FEET
OF TRACT G-1, MELONIE PARK SOUTH ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(19.) ORDINANCE #2001-00007—ZONE CASE NO. 2900 (northwest
corner of 1" Street and University Avenue): Request of Hugo Reed
and Associates, Inc. (for Rodney Warren) for a zoning change from
R-2 to C-4 for a drive in restaurant on the east 3 feet of Lot 19 and
Lots 20-24, F.R. Friends Addition (second and final reading).
ORDINANCE NO.2001-00007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2900; A ZONING CHANGE FROM R-2 TO C-4
SPECIFIC USE FOR A DRIVE IN RESTAURANT ZONING ON THE EAST 3 FEET
OF LOT 19 AND LOTS 20-24, F.R. FRIENDS ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
(20.) ORDINANCE #2001-00008—ZONE CASE NO. 2901 (1201 Alcove
Avenue): Request of David and Teresa Teague for a zoning change
from R-1 to R-1 Specific Use (residential estates) on a 25.513 acre
tract of land out of the southwest quarter of Section 1, Block D-6
(second and final reading).
ORDINANCE NO. 2001-00008
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2901; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE (RESIDENTIAL ESTATES) ZONING ON A 25.513 ACRE TRACT
OF LAND OUT OF THE SOUTHWEST QUARTER OF SECTION 1, BLOCK D-6,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(21.) Ordinance No. 2001-00009 amending Chapter 21 and Chapter 25 of
the Code of Ordinances reflecting changes made to the original
ordinance with regard to development and/or acceptance of playa
lake areas within the City of Lubbock as storm water detention basins
or parks (first reading).
ORDINANCE NO.2001-00009
AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 25 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD
TO DEVELOPMENT AND/OR ACCEPTANCE OF PLAYA LAKE AREAS WITHIN
THE CITY OF LUBBOCK AS STORMWATER DETENTION BASINS OR PARKS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
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(22.) Resolution No. 2001-R0006 amending the contract for employment
physical examinations and drug/alcohol screening (RFP 98167)
between the City of Lubbock and Covenant Health Center to include
firefighter return to work physicals in accordance with NFPA 1500
and NFPA 1581 Standards.
RESOLUTION NO. 2001-R0006
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
Contract for Employment Physical Examinations and Drug/Alcohol Screening
(RFP#98167) between the City and Covenant Health Center, a copy of which
Amendment is attached hereto and any associated documents, which Contract 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 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews, Managing Director of
Human Resources
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Amendment No. 1 is filed with Resolution No. 2001-R006.
The Lubbock Fire Department's Sick Leave Program, Section II —
Justification of Sick Leave Absence, requires that all firefighters who are
absent from work for more than five consecutive days or two and one-half
shifts, undergo a medical examination and provide a physician's statement
confirming illness or injury.
Prior to a firefighter returning to full duty from a debilitating injury,
illness, or any other extended leave, a firefighter shall have a physical
performance assessment performed by the health and fitness coordinator
under the supervision by the Fire Department's physician based on the
individual's duties and responsibilities.
It is recommended that the City Council adopt the resolution to include the
additional cost of the return -to -work physicals.
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(23.) Resolution No. 2001-R0007 authorizing the Mayor to execute an
agreement for and on behalf of the City of Lubbock to grant $75,000
to Texas Tech's Department of Engineering in order to provide
computers, supplies and training to youth that would not otherwise
have an opportunity to utilize a home computer.
RESOLUTION NO.2001-R0007
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 an Interlocal Governmental Agreement
with regard to a "Digital Divide" Grant by and between City and the Texas Tech
University, acting by and through its College of Engineering, and any associated
documents, a copy of which 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 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Assistant 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. 2001-R0007.
In January 2000, the City Council identified several strategic issues related
to the economic growth and quality of life in Lubbock. Among those
issues was the priority to develop and maintain state of the art
telecommunication infrastructure for citizen/public access to government,
the Internet, closing the "digital divide" by involving learning institutions,
and for business attraction and retention. Since that time, staff has
initiated several projects aimed at achieving this goal. The Library staff
received a grant from the Bill and Melinda Gates Foundation to add 22
computers to the Library system. Furthermore, the Parks and Recreation
staff has upgraded the 12 computers at the 191" Street Senior Center, with
funding provided by the Junior League of Lubbock. Likewise, the 8
computers at the Maggie Trejo Supercenter were upgraded. Altogether,
these computer labs now have 20 Internet accessible computers and they
feature software training classes aimed at providing workforce skills to
youth, adults and seniors. In addition to these efforts, staff has met with
other community organizations to ensure that the City's efforts are not
duplicated. A unique opportunity to partner with Texas Tech University
Department of Engineering has surfaced as a result of these meetings.
In FY 1999-2000, the Texas Tech University Department of Engineering
(TTUDOE) began a project, called Building Computers, Families and
Communities, to introduce computer skills to demographic populations
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Regular City Council Meeting
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Page 32
that have been identified as being under -represented in educational
programs. The TTUDOE project has targeted youth and their families that
do not have access to home computers. The Building Computers,
Families and Communities program provides a computer, software
training and workforce development skills for these families. The families
that participate actually build their own computers with assistance from
the TTUDOE. Once the computers are constructed, the families receive
software training that enables them to use the Internet, write business
letters, develop a budget, etc. These business skills will enhance the job
opportunities available to the family members.
To further the goals of the Building Computers, Families and
Communities program, the TTUDOE has applied for a grant from the
National Science Foundation. In addition, TTUDOE has requested
$75,000 from the City of Lubbock to expand the program to one hundred
more families. By participating in this project, the City will join Texas
Tech University, South Plains College, Lubbock ISD, and other local
businesses to enhance the telecommunication infrastructure for the public.
The funding source for the $75,000 originates from the Cox Cable
Franchise Fee that was renegotiated in FY 1998-99. Cox Cable pays five
percent of its gross revenues, as defined in Ordinance #8573, from its
cable television business within the corporate limits of the City of
Lubbock. Sixty percent of this revenue stream goes to the General Funds,
while the remaining forty percent is earmarked for Information
Technology projects.
In return for the $75,000 grant, the TTUDOE agrees to administer the
program including the following activities:
• Purchase components for 100 computers
• Select instructors to provide training on assembling the computer parts
into workable computers
• Provide software for each computer including word processing, spread
sheet and internet access software, CDs, diskettes and other computer
supplies
• Select instructors to provide software training for the youth and their
families LISD
• Supervise and manage the training, including providing training
facilities
• Provide to LISD the appropriate criteria for selection of students to
participate in the program. The criteria will include, at minimum, low-
income level, satisfactory attendance and at least a "C" average.
By taking advantage of the City's computer labs and by partnering with
the universities and private sector on this education and training program,
the City of Lubbock will help expand the supply of skilled labor for
existing and new business in the region.
Staff recommended that Council authorize the Mayor to execute an
agreement to grant $75,000 to Texas Tech's Department of Engineering in
order to provide computers, supplies and training to youth that would not
otherwise have an opportunity to utilize a home computer.
Helen Watson and her family were recipients of this program and thanked
the Council for the opportunity.
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(24.) Resolution No. 2001-R0008 authorizing the Mayor to execute a lease
agreement between S.E. Cone, Jr. and the City of Lubbock.
RESOLUTION NO.2001-R0008
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 between the
City of Lubbock and S.E. Cone, Jr, for a hanger and premises at the Lubbock
International Airport, and related documents. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0008
S. E. Cone, Jr. has leased a 7,600 square foot steel hangar located on the
east side of the airport since October 1991. The agreement has expired,
and Mr. Cone wishes to continue leasing the building. The proposed
agreement has an initial term of 5 years, with an additional 5-year option
subject to the approval of both parties and re -negotiation of the rental rate.
The rental rate for the initial term will be $7,537.76 which is the same as
the current rate plus $760 for hazard and extended coverage insurance on
the building. The base rate will be subject to an annual CPI adjustment.
The Airport Board reviewed the agreement and recommended approval.
Staff also recommended approval.
(25.) Resolution No. 2001-R0009 authorizing the Mayor to execute
Amendment #5 to Engineering Services Agreement between the City
of Lubbock and Delta Airport Consultants, Inc. for the design of an
Airport Rescue and Fire Fighting (ARFF) Facility at Lubbock
International Airport.
RESOLUTION NO.2001-R0009
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 No. 5 to the
Agreement dated May 22, 1997, between the City of Lubbock and Delta Airport
Consultants, Inc. for the ARFF Training Facility at Lubbock International Airport, and
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Regular City Council Meeting
January 25, 2001
Page 34
related documents. Said Amendment No. 5 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 25t" day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of Amendment No. Five (5) is filed with Resolution No. 2001-R0009
In 1996, the City Council awarded master engineering services agreements
to two firms, each agreement giving first -right -of -refusal for specific
projects in the airport's Capital Improvement Program. As a part of this
process, the project to design a new Airport Rescue and Fire Fighting
(ARFF) training facility was awarded to Delta Airport Consultants, Inc.
Early last year, the City Council authorized Delta to proceed with the
design of the ARFF Training Facility. Once the design phase was
completed, the project was put out for bids and a construction contract was
awarded.
This agenda item authorizes Delta Airport Consultants to provide
construction phase engineering, testing and resident project representation
for the project. These services will provide engineering oversight and
testing during construction, and on -site monitoring of the construction
project as it progresses.
The negotiated cost for these services is a "not to exceed" amount of
$408,978. This amount is within the original budget submitted to the City
Council during the annual budget process. Ninety percent of the funding
for the project will come from the Federal Aviation Administration. The
remaining ten percent will come from the Passenger Facility Charge
program.
The Airport Board reviewed the amendment and recommended approval.
Staff also recommended approval.
(26.) Resolution No. 2001-R0010 authorizing the Right -of -Way Department
to make an offer to James D. Farmer and wife, Drue Farmer for a
0.09 acre fee simple tract of land and a 0.34 acre slope easement for
the Milwaukee Avenue widening project, 4th Street to 341h Street,
located in Section 10, Block JS, Lubbock County (1520 Milwaukee
Avenue).
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Regular City Council Meeting
January 25, 2001
Page 35
RESOLUTION NO. 2001-R0010
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for Milwaukee Avenue widening
project from 4ch Street to 341h Street and the City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with the acquisition
of lands as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title and slope easement to the tracts of land
further described in Exhibit "A" and Exhibit "B" attached hereto, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof.
SECTION 2. THAT the owners of said tracts, being James D. Farmer and wife,
Drue Farmer, BE offered through the Right -of -Way Department of the City of Lubbock
the amount of $48,000.00 which is the amount appraised as the value and total damages
for the fee simple title and acquisition of said real estate purposes and slope easement
herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is
hereby authorized and instructed to institute condemnation (eminent domain) proceedings
to acquire the fee simple title and slope easement.
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
A copy of Exhibits "A" and `B" is on file with Resolution No. 2001-R0010.
This right-of-way taking is needed for the Milwaukee Avenue widening
project from 4ch Street southward to 341h Street. This parcel is located
along the west side of Milwaukee Avenue, just south of 15th Street. This
right-of-way taking is in two parts. The first is the fee simple taking of
0.09 acres and the second part is a slope easement that contains 0.34 acres.
Tommy Cantrell was the appraiser of this project and Jimmy Goddard was
the review appraiser. Mr. Cantrell appraised the value of the fee simple
taking and the easement taking at $13,541 and damages to the remainder
of $34,459 for a total offer to the Farmers of $48,000. The Farmers have a
horse riding arena that is in the fee simple taking and the easement area
that will have to be rebuilt.
This resolution authorized the City to institute condemnation proceedings
to acquire this property if this offer is refused.
The Right -of -Way Department recommended the offer to Mr. and Mrs.
Farmer.
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Regular City Council Meeting
January 25, 2001
Page 36
(27.) Resolution No. 2001-R0011 authorizing the Right -of -Way Department
to make an offer to William G. McMillan, Jr., individually and as
trustee of the Frances G. McMillan Estate Trust for a 2.40 acre tract
of land located in Section 43, Block AK, Lubbock County (3002
Milwaukee Avenue).
RESOLUTION NO. 2001-R00I I
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for Milwaukee Avenue widening
project from 4ch Street to 341h Street and the City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with the acquisition
of lands as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the tract of land further described in
Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as
set forth in the preamble hereof.
SECTION 2. THAT the owner of said tract, being William G. McMillan, Jr.,
Individually and as Trustee of the Frances G. McMillan Estate Trust, BE offered through
the Right -of -Way Department of the City of Lubbock the amount of $40,000.00 which is
the amount appraised as the value and total damages for the fee simple title and
acquisition of said real estate purposes herein stated, and unless accepted forthwith, the
City Attorney of said City of Lubbock is hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the fee simple title.
Passed by the City Council this 251h day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
A copy of Exhibit "A" is filed with Resolution No. 2001-R0011.
This right-of-way taking is needed for the Milwaukee Avenue widening
project from 41h Street southward to 34`h Street. This 2.40 acre tract of land
is located along the west side of Milwaukee Avenue from 261h Street _
southward to approximately 32nd Street. This is where the Elm Grove golf
course is located. Tommy Cantrell appraised this parcel and Jimmy
Goddard reviewed the appraisal. Mr. Cantrell appraised this 2.40-acre
tract of land and fence to be taken at $25,120. He appraised damages to
the property at $14,880 for a total offer to Mr. McMillan of $40,000.
This resolution also authorized condemnation proceedings to acquire this
property if our offer is refused.
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Regular City Council Meeting
January 25, 2001
Page 37
The Right -of -Way Department recommended the offer to Mr. McMillan.
(28.) Resolution No. 2001-R0012 authorizing the Right -of -Way Department
to make an offer to Bobbie Jean Wilson; J. R. Austin and Sandra
Austin, husband and wife; Douglas J. Corley and Sammie P. Corley,
Trustees, under the Douglas J. and Sammie P. Corley living trust,
dated October 1, 1991 for a 0.25 acre fee simple taking and a 0.05 acre
slope easement for the Milwaukee Avenue widening project, 4th Street
to 34th Street, tract of land located in Section 10, Block JS, Lubbock
County (1820 Milwaukee Avenue).
RESOLUTION NO.2001-R0012
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for Milwaukee Avenue widening
project from 4th Street to 34th Street and the City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with the acquisition
of lands as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title and slope easement to the tracts of land
further described in Exhibit "A" and Exhibit "B" attached hereto, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof.
SECTION 2. THAT the owners of said tracts, being Bobbie Jean Wilson; J. R.
Austin and Sandra Austin, husband and wife; Douglas J. Corley and Sammie P. Corley,
Trustees, under the Douglas J. and Sammie P. Corley Living Trust, dated October 1,
1991, BE offered through the Right -of -Way Department of the City of Lubbock the
amount of $42,400.00 which is the amount appraised as the value and total damages for
the fee simple title and acquisition of said real estate purposes and slope easement herein
stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain) proceedings to
acquire the fee simple title and slope easement.
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
A copy of Exhibits "A" and `B" is filed with Resolution No. 2001-R0012.
This resolution is also for the Milwaukee Avenue widening project. This
parcel of land is located along the west side of Milwaukee Avenue, just
north of 19th Street. Tommy Cantrell appraised this parcel. This taking
involved a 0.25-acre fee simple taking and a 0.05-acre slope easement.
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Regular City Council Meeting
January 25, 2001
Page 38
Mr. Cantrell appraised this fee simple taking at $38,750 and the 0.05-acre
slope easement taking at $3,650 for a total offer of $42,400.
This resolution also authorized the City to institute condemnation
proceedings to acquire this property if our offer is refused.
The Right -of -Way Department recommended the offer to the Austins,
Corleys and Wilson.
(29.) Resolution No. 2001-R0013 authorizing the Mayor to execute a
monitor well permit with Townsend -Strong, Inc. for use of a City
street (2617 49th Street).
RESOLUTION NO. 2001-R0013
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street Use License and/or
City Public Grounds Monitor Well Permit, with associated documents, between the City
of Lubbock and Townsend -Strong, Inc. Said agreements are attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
A copy of the Permit is filed with Resolution No. 2001-R0013.
This monitor well permit allows Townsend -Strong, Inc.'s representative,
Daniel B. Stephens and Associates, to drill a monitor well in the south
parkway of 491h Street, approximately 123 feet east of Boston Avenue.
The Chevron Service Station at 2619 50th Street has had fuel leaking into
the ground from a leaking fuel tank at this location and the TNRCC has
requested that they go off site with this investigation to determine how far
this fuel contamination has spread. This permit is for 20 years, payable
every five years in advance. All utilities are in agreement and the City
will receive $100 per year for this well location. —
The Right -of -Way Department recommended the approval of this monitor
well permit.
(30.) Resolution No. 2001-R0014 authorizing the Mayor to execute a
monitor well permit with Ince Oil Company for use of a City street
(2501 Santa Fe Drive).
Regular City Council Meeting
January 25, 2001
Page 39
RESOLUTION NO.2001-R0014
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street Use License and/or
City Public Grounds Monitor Well Permit, with associated documents, between the City
of Lubbock and Ince Oil Company. Said agreements are attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
A copy of the Permit is filed with Resolution No. 2001-R0014.
This monitor well permit allows Llano -Permian Environmental to drill a
monitor well in the south parkway of Santa Fe Drive, just west of
University Avenue.
At 202 North University is a closed Ince Oil Company gas station that the
TNRCC has identified as having a leaking fuel tank and the TNRCC has
requested that monitor wells be drilled adjacent to this store site to
determine how far this fuel contamination has spread. This permit is for
20 years, payable every five years in advance. All utilities are in
agreement and the City will receive $100 per year for this permit.
The Right -of -Way Department recommended the issuance of this monitor
well permit.
(31.) Resolution No. 2001-R0015 authorizing the Mayor to execute a lease
agreement with the Lubbock County Board of Missions of the United
Methodist Church for a water utilities stack lot (southwest corner 981n
& Frankford).
RESOLUTION NO.2001-R0015
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 Lease agreement between
the City of Lubbock and Lubbock County Board of Missions of the United Methodist
Church, an unincorporated religious association, for a tract of land to be used as a stack
lot for water utilities pipe and related materials, and related documents. Said agreement is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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Regular City Council Meeting
January 25, 2001
Page 40
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0015.
Due to the annexation in Southwest Lubbock, the City's Water Utilities
Department is planning to start phase II of installing water lines in this
area immediately. They have already ordered the pipe and need a stack lot
in the area of 98th Street and Frankford Avenue.
Lubbock County Board of Missions of the United Methodist Church has
agreed to lease the City a site measuring 713 feet by 220 feet at the
southwest corner of 981h Street and Frankford Avenue. This lease will be
for one year with one 6-month option period for a total of 1 %2 years. They
have agreed to lease the City this tract of land for $1,000 per year. The
City will fence this property in and stack material and equipment on it.
The Right -of -Way Department recommended the approval of this lease.
(32.) Resolution No. 2001-R0016 for a pipe line license from the Burlington
Northern and Santa Fe Railway Company for the crossing of their
railroad line with the South Central Drainage Project.
RESOLUTION NO. 2001-R0016
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 No. 1 to Grant
Agreement No. 51105F-1017 between the City of Lubbock and the Texas Department of
Transportation (TxDOT), for operating assistance, and related documents. Said
Amendment is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
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Regular City Council Meeting
January 25, 2001
Page 41
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Managing/Attorney
A copy of the Amendment is filed with Resolution No. 2001-R0016.
The South Central Drainage Project has one crossing of the Burlington
Northern and Santa Fe Railroad which runs adjacent to Spur 331 in
southeast Lubbock. The Pipeline License will allow the storm sewer to be
constructed under the railroad track.
The cost associated with the Pipeline License is $2,500 plus the purchase
of the blanket Railroad Protective Liability Insurance Policy at a cost of
$800.
The crossing is necessary for the construction of the South Central
Drainage Project that has now gone out to bid. Construction should
tentatively begin in April or May 2001.
Staff recommended approval of this resolution.
(33.) Resolution No. 2001-R0017 authorizing the Mayor to execute a
contract with Texas Tech University for campus bus service.
RESOLUTION NO. 2001-R0017
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, by and between the City of
Lubbock and Texas Tech University, a Contract for campus bus service, 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 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Managing/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0017.
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Regular City Council Meeting
January 25, 2001
Page 42
The contract with Texas Tech University (TTU) for transit services is for a
three-year period beginning September 1, 2001 and ending on August 31,
2004. Contract cost will be $35 per bus per hour from September 1, 2001
to August 31, 2002; $36 per bus per hour from September 1, 2002 to
August 31, 2003; and $37 per bus per hour from September 1, 2003 to
August 31, 2004. This will include a fuel cost adjustment above or below
$1.05 per gallon. The price per hour covers full cost recovery for the City
of Lubbock. Citibus has had a contract with TTU since 1968, with the
fuel cost adjustment being added to the contract in 1981. In accordance
with the TTU contract, Citibus does not collect fares from its passengers.
If funds are available, the City of Lubbock is eligible to receive an equal
amount from the Federal Transit Administration for each dollar collected
from TTU. The additional funds are used to pay for system expenses
which otherwise would have to be paid by the City. Citibus anticipates
receiving $957,180 from TTU in FY 2001, $997,452 in FY 2002, and
$1,025,159 in FY 2003.
The TTU Board of Regents will consider approval of the contract at their
May meeting. The TTU Board of Regents requests that the City Council
execute the contract first.
Citibus recommended the approval of the TTU contract.
(34.) Resolution No. 2001-R0018 authorizing the Mayor to execute an
amendment to Grant Agreement No. 51105F-1017 with the Texas
Department of Transportation (TxDOT) for operating assistance.
RESOLUTION NO.2001-R0018
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 No. 1 to Grant
Agreement No. 51105F-1017 between the City of Lubbock and the Texas Department of
Transportation (TxDOT), for operating assistance, and related documents. Said
Amendment is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Amendment is filed with Resolution No. 2001-R001 S.
E,%
Regular City Council Meeting
January 25, 2001
Page 43
TxDOT has found it necessary to issue an amendment to Grant Agreement
No. 51105F-1017. The original allocation of the grant was $1,256,690.
However, since "the State has not received the full oil overcharge fund
appropriation for FY 2000-2001" they have found it necessary to revise
the funding program. The amended allocation is for $1,240,435 of public
transportation funds to the City of Lubbock for operating assistance to
maintain its public transportation system (Citibus) for Fiscal Year 2000-
2001. The $1,240,435 is included in the Citibus budget for FY 2000-2001
that has been previously reviewed by City Council. The contract is
effective from September 1, 2000, and shall terminate on August 31, 2001.
Acceptance of the amendment will result in no additional cost to the City
of Lubbock.
Citibus recommended the approval of the amendment to Grant Agreement
No. 51105F-1017.
(35.) Resolution No. 2001-R0019 authorizing acceptance of water and
sanitary sewer improvements for Lots 84-160, Stonebrook Addition
to the City of Lubbock, Lubbock County, Texas.
RESOLUTION NO.2001-R0019
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR LOTS 84-160 STONEBROOK ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 84-160 StoneBrook Addition to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $140,006.47 with the
improvements constructed by Weaver Ditching Services Inc. having a value of
$116,901.10 as determined by the unit prices established by said Chapter 28, and
$5,118.03 cash paid to the City, which amount includes $0.00 cash for adjacent lines,
with Rothwell Rentals the developer, to receive a refund of $39,437.42 in accordance
with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of
deposit in the amount of $0.00 and.
WHEREAS, the construction of the said water and sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $39,437.42 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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Regular City Council Meeting
January 25, 2001
Page 44
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Engineer, Water
Utilities
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
Office Practice
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total cost
of the improvements is $140,006.47 and has a value of $116,901.10 as
determined by the unit prices established by Chapter 28 of the Code of
Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is
$5,118.03 that includes $0.00 for adjacent mains. The developer,
Rothwell Rentals, will receive a refund of $39,437.42 in accordance with
said Chapter 28. There is no refund of deposit.
The subdivision is located between 98`h and 103ra east of Gary Avenue.
Staff recommended acceptance of the improvements.
(36.) Resolution No. 2001-R0020 authorizing the Mayor to approve an
application for a State administered, federally financed HOLIDAY
STEP WAVE PROGRAM, with emphasis on speed compliance,
targeting reduction in speed related crashes and seat belt usage,
targeting reduction in death and serious bodily injury.
RESOLUTION NO.2001-R0020
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 grant agreement referred to
as "Texas Highway Traffic Safety Program Grant Agreement" and related documents,
with the State of Texas, Texas Department of Transportation. The maximum amount
eligible for reimbursement of funds under this agreement is $10,000.00, through
September 30, 2001, the end of the grant period. The purpose of the program is to
conduct additional speed and occupant restraint enforcement, surveys, and education and
media activity during selected holiday periods.
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Regular City Council Meeting
January 25, 2001
Page 45
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan Saluri
Dan Saluri, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0020.
This is a grant program utilizing off duty personnel working overtime to
enforce non-compliance of designated speed limits and non -usage of seat
belts and child restraints.
This enforcement program addresses five major holiday periods:
Valentine's Day, February 11 through 17; Spring Break, March 16 through
March 25; Memorial Day/Buckle Up America Week, May 25 through
May 31; Independence Day, July 1 through July 7; and Labor Day, August
31 through September 6.
Awards for this grant have been set beginning January 25, 2001 upon
approval of the Lubbock City Council. This is a 100% grant in the
amount of $10,000 to be administered during the period February 11, 2001
through September 30, 2001.
The Police Department recommended the approval of this resolution
approving the HOLIDAY STEP WAVE PROGRAM project grant.
(37.) Resolution No. 2001-R0021 authorizing the Mayor to execute for and
on behalf of the City of Lubbock a Grant related to the Criminal
Justice Division under the Title V Delinquency Prevention Fund to
support the Lubbock Urban Gardens Program, and all related
documents.
RESOLUTION NO. 2001-R0021
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 Grant related to the
Criminal Justice Division under the Title V Delinquency Prevention Fund to support the
Lubbock Urban Gardens Program, and all related documents. Said Grant application is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
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Regular City Council Meeting
January 25, 2001
Page 46
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Everett Hooper
Everett Hooper, Youth Services Coordinator
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Grant Application is filed with Resolution No. 2001-R0021.
The City of Lubbock Youth Services Department has joined with the
South Plains Food Bank, Lubbock County Juvenile Justice Center,
Lubbock Housing Authority, Lubbock Regional Council on Alcohol and
Drug Abuse, Lubbock Regional MHMR, and Catholic Family Services to
propose a gardening and produce marketing program for juveniles
exhibiting criminal behavior.
If accepted, the CJD grant would fund $76,700 for equipment, supplies,
and one manager for the program. The City of Lubbock and other
agencies will put in $49,800 total in -kind services. The City's Youth
Coordinator estimates dedicating 20% of his time for the first year to
support the program, if funded.
No cash match from the City was required.
Staff recommended the Council's support for this grant application, in
order to offer juvenile offenders an opportunity to learn life and career
skills through a produce gardening and marketing program.
(38.) Resolution No. 2001-R0022BID #269-00-RS—Police Patrol Vehicles
(Fleet Services) —This bid is for the replacement of 20 Police Department
patrol vehicles.
RESOLUTION NO. 2001-R0022
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 per Bid
#269-00/RS for 20 police marked units per Spec 201, by and between the City of
Lubbock and Gene Messer Ford of Lubbock, Texas, 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.
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Regular City Council Meeting
January 25, 2001
Page 47
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0022.
The low bid is $418,200 from Gene Messer Ford of Lubbock, Texas and is
within the Capital Outlay -Motor Vehicles budget amount.
(39.) BID #271-00/RS—Distribution Transformers —Annual Pricing
(Electric Distribution) ---This bid is for the purchase of pole type and pad
mounted distribution transformers for the year 2001. These transformers
are electrical devices that transform electricity from one voltage level
down to another, i.e., from 12,700 Volts to 120 Volts. They are of
different capacities, from 10kVA to 1500kVA and different types and
secondary voltages to suit customer requirements. These units will be
installed in our overhead and underground distribution systems to
maintain existing electrical service and to serve new and additional
customers
The tab sheet lists the bidders for each item in order of increasing
evaluated cost of buying and operating the transformer for a twenty-year
period. However, for bids that are within 3% of the lowest evaluated cost,
the evaluated bids are considered equal and the bidders are listed in order
of unit price.
The ranking for Frank Gorman Company of Albuquerque, New Mexico
was established by applying the State of Texas reciprocity statute that
requires us to apply the same local preference used in the nonresident
bidder's state. New Mexico has a preference of 5% to resident businesses
in purchases up to $5,000,000. Therefore, 5% was added to prices from
Frank Gorman Company to evaluate their ranking.
The low bids are from the following companies:
Preferred Sales Agency, Inc. of Carthage, TX $167,494
Priester Supply Co., Inc. of Lubbock, TX $163,309
Techline, Inc. of Amarillo, TX $144,041
Temple Inc. of Lubbock, TX $ 89,327
Wesco Distribution, Inc. of Haltom City, TX $ 82,790
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Page 48
Pauwels Transformers, Inc. of Washington, MD 1 $ 53,070
Delta-Y Electric Company of Jackson, MO 1 $ 50,882
Frank Gorman Company of Albuquerque, NM I $ 9,059
The low bids are within the System Capital Outlay -Distribution
Transformers budget amount.
(40.) BID #278-00/LR—PVC Pipe, Manholes and Fittings (Water Utilities)
and reject all bids —This project is for the purchase of materials for all —
three phases of the sanitary sewer improvements for the annexation in
southwest Lubbock. Materials include approximately 37,345 feet of pipe
in diameters from 6 inch to 36 inch, 67 manholes, and other associated
products.
Staff recommended Council reject all bids and direct staff to solicit bids
for the purchase and installation of materials.
(41.) Resolution No. 2001-1100231BID #288-00/RS—Fire Training Field
Project Construction (Facilities Management) ---This bid is for the
construction of a new smoke house, concrete pads for fire training
exercises, and ball park type lighting for night time training activities.
These items will be constructed on the northern portion of the new Fire
Administration Complex. Four pavilions will be constructed throughout
the area to aid in training activities.
RESOLUTION NO. 2001-R0023
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 per Bid #288-
00/RS to furnish fire training field project construction, by and between the City of
Lubbock and Allen Teinert Construction 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 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution 2001-R0023.
Regular City Council Meeting
January 25, 2001
Page 49
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 28th day of January, 2001, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Allen Teinert Construction, 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 construction of
certain improvements described as follows:
BID #288-00/RS - FIRE TRAINING FIELD PROJECT CONSTRUCTION -
$288.766.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT
/s/ Gary W. Smith
Owner's Representative
CITY OF LUBBOCK, TEXAS
(OWNER)
/s/ WINDY SITTON
MAYOR
CONTRACTOR
Allen Teinert Construction
By: /s/ Allen E. Teinert
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Page 50
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
City Attorney
ATTEST:
Corporate Secretary
/s/ Phoebe Miller
PRINTED NAME: Allen E.
Teinert
Title: President
COMPLETE ADDRESS:
Allen Teinert Construction
P. O. Box 5327
Lubbock, Texas 79408
The low bid is $228,766 from Allen Teinert Construction of Lubbock,
Texas and is within the Buildings Capital Outlay -Fire Training Field
Project budget amount.
(42.) BID #295-00/LR—Restroom Cleaning at Lubbock International
Airport (Aviation) —This bid establishes annual pricing for restroom
cleaning at Lubbock International Airport to help improve the appearance
and image of the building. Pricing is set for a period of one year, with an
option to renew annually, for up to two additional years upon mutual
agreement of both parties.
The low bid is $18,876 from Preferred Services of Lubbock, Texas and is
within the Professional Services budget amount.
(43.) Resolution No. 2001-R0024BID #305-00/RS—Pre-Emergent
Herbicide Application (Parks & Recreation) —This bid is for the
application of pre -emergent herbicide on selected park properties and the
cemetery. The herbicide will be used to control summer grassy and
broadleaf weeds such as grass burrs, green foxtail, spurge and numerous
other weeds. Pre -emergent herbicide application should result in
improved turf appearance and reduced problems associated with stickers
and seed heads that stick to clothing.
RESOLUTION NO.2001-R0024
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 pre -emergent
herbicide application, by and between the City of Lubbock and D's Pest Control 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 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
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Page 51
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2001-R0024.
The low bid is $59,580 from D's Pest Control Inc. of Lubbock, Texas and
is within the Facilities System Improvement -Pesticide Program budget
amount.
(44.) Resolution No. 2001-R0025BID #011-001/RS—Repairs-629 Scraper
(Fleet Services) —This item is for repairs. A Caterpillar 629 scraper
overturned causing extensive body and mechanical damage to the
equipment. The immediate repair of this equipment was necessary to
maintain landfill compliance with state landfill regulations.
RESOLUTION NO.2001-R0025
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 per Bid
#011-01/RS to furnish repairs - 629 Scraper, by and between the City of Lubbock and
West Texas Equipment of Lubbock, Texas, and related documents. Said Purchase Order
is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0025.
The total cost for the repairs is $27,482.01 by West Texas Equipment of
Lubbock, Texas.
Staff recommended award of each bid to the bidder as indicated on the
tabsheets and award of each contract as shown on the resolutions and that
the Mayor be authorized to execute all documents necessary for each
transaction.
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January 25, 2001
Page 52
Mayor Sitton made a motion to move Items 48 and 49 Out of Order.
The next items considered were Item Nos. 48 & 49.
(45.) Ordinance No. 2001-00010-ZONE CASE NO.2902 (2618 501h Street):
Hold a public hearing to consider request of Fred C. Martin for a
zoning change from C-2A to C-4 on Block 10, Lots 11, 12, and west 5'
of 13, Sunnyside Addition
ORDINANCE NO.2001-00010
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2902; A ZONING CHANGE FROM C-2A TO C-4
ZONING ON BLOCK 10, LOTS 11, 12, AND WEST 5' OF 13, SUNNYSIDE
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 5:38 p. m. Scott Martin
appeared on behalf of Fred C. Martin. No one appeared in opposition.
Mayor Sitton closed the hearing at 5:39 p. m.
The request will accommodate an existing quick oil change business that
is proposing display and rental of trailers. Adjacent land uses:
North
— residential
South
— commercial
East —
commercial
West
— commercial
As C-4, the request is not entirely consistent with the Comprehensive
Land Use Plan policy that heavy commercial be located on state or
regional thoroughfares. 50`h Street is a local thoroughfare. To counter
that policy, Mr. Martin is requesting only one use from the C-4 listing —
"trailer and truck rental utility".
The request is consistent with a number of service station and quick -
change locations that have requested C-4 with a limitation to trailer and
truck rental. As a condition of approval in other locations, the Planning
Commission and City Council have approved a requirement that the
business display not more than one or two units between the front of the
building (excluding any canopy) and the adjacent street. All other units
are to be stored to the side or behind the building. In this instance, Boston
is on one side and is the location for some of the parking area available at
the business. Parking units on the side but away from 50`h Street should
not create an issue. Such a condition allows for the business to advertise
by display of a unit but keeps the clutter and visual obstruction of stored
units to the side and rear of the lot.
The proposal should have no impact on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request.
Subject to comments from adjacent property owners, the staff supports the
request subject to the following conditions:
1. The property shall be C-4 limited to trailer and truck, rental;
2. Display of rental units shall be limited to one between the front of
the structure (excluding the canopy) and the adjacent street, with
all other units to the side or rear of the building, and;
3. All permitted C-3 uses shall be allowed.
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Regular City Council Meeting
January 25, 2001
Page 53
The staff supported the recommendation of the Planning Commission.
Randy Henson, Senior Planner, presented staff comments.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 2001-
00010 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(46.) Ordinance No. 2001-00011-ZONE CASE NO. 2903 108" Street and
University Avenue): Hold a public hearing to consider request of
Burl W. Masters (for Excel Development) for a zoning change from T
to R-1 Specific Use (for garden homes) and R-2 on 16.4 acres of
unplatted land out of the south half of Section 20, Block E-2
ORDINANCE NO.2001-00011
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2903; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE AND R-2 ZONING ON 16.4 ACRES OF UNPLATTED LAND OUT
OF THE SOUTH HALF OF SECTION 20, BLOCK E-2, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Sitton opened the public hearing at 5:40 p. m. Burl W. Masters
appeared on behalf of Excel Development. No one appeared in
opposition. Mayor Sitton closed the hearing at 5:41 p. m.
To provide a mix of housing density and some "design" to the northeast
corner of the Sunrise Estates, the proponent is proposing a curved street
with duplex zoning and the balance of the area with garden home zoning.
Adjacent land uses:
North — vacant, residential zoned
South — developing as the Sunrise Estates Addition of garden
homes
East — vacant and mixed uses east of University
West — vacant, zoned residential
The request is consistent with both the Comprehensive Land Use Plan and
zoning policy. The need for duplex -zoned lots has been on the upswing.
The request will have no negative effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 2001-
00011 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(47.) Ordinance No. 2001-00012-ZONE CASE NO. 2731-A (4019 S. Loop
289): Hold a public hearing to consider request of James W. Dirks
(for Ashmore Inn and Suites) for an amended site plan on Tract F,
West Chase Addition
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Regular City Council Meeting
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Page 54
ORDINANCE NO.2001-00012
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2731-A; AMEND THE SITE PLAN CONDITION OF
ORDINANCE NO. 9704 ON A C-4 SPECIFIC USE FOR A MOTEL AND ALL
PERMITTED C-3 USES ON A ZONED TRACT OUT OF SECTION 11, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 5:41 p.m. James Dirks appeared
on behalf of Ashmore Inn and Suites. No one appeared in opposition.
Randy Henson, Senior Planner, presented staff comments. Mayor Sitton
closed the hearing at 5:44 p. m.
The request would accommodate an addition to a motel east of Wal-Mart
on the South Loop (the Ashmore). A separate building is proposed on the
front of the Ashmore parcel behind the Applebee's restaurant which will
accommodate extended stay patrons. The Ashmore is the original motel
of the four that now exist. Subsequent to the zoning for the Ashmore, the
zone case for the other three properties involved a lot of contention with
the adjacent residential owners and neighborhood association. Since the
Ashmore opened, there have been a number of issues between the owner
of the motel and the neighbors:
• glare from lights,
• a lack of maintenance in the alley,
• use of the alley for commercial garbage collection (which is not
prohibited by current Code) and trash spilled, and;
• construction materials of the screening fence.
Several neighbors appeared, not in opposition to the proposed building but
in an attempt to resolve some of the above issues. Since this is a request
to amend a Specific Use Permit, three of the items could be considered as
zoning related:
• Glare from lights (see recommendations)
• Construction materials of the fence — The motel developers to the east
negotiated with the neighbors for a fence of significantly better
materials and a greater height than exists at the Ashmore. The
neighbors want the Ashmore to continue the twelve foot tall brick
fence. Estimates to match the fence to the east exceed $100,000.
However, the current fence meets code requirements. It has stucco
columns with cedar picket inserts. The staff feels requiring a change to
the fence at this point is not equitable. The staff did request a condition
that requires the motel to "dress up" the fence columns by perhaps
painting and addressing some raw or unfinished concrete on the tops.
The Planning Commission strongly suggested that the Ashmore owners
and neighbors meet prior to the Council meeting about any possible
agreement. Also, the existing gate needs to be replaced.
• Solid waste collection. The problem at this location occurred when the
Ashmore placed a commercial size (eight cubic yard) container in the
alley. As noted, the arrangement is not contrary to existing Solid Waste
Code, but should be addressed by a condition in this instance. The
container has drifted to the end of the "L" alley and onto the adjacent
private property (not owned by the Ashmore) because the trucks have
difficulty picking it up in a standard alley position. The size,
placement, and number of times the trash winds up on the ground
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Regular City Council Meeting
January 25, 2001
Page 55
instead of in the dumpster has alienated the adjacent property owners.
The proponent is willing to have a condition requiring that the dumpster
be located on the motel lot and picked up on the motel lot.
The proposed building will partially obscure the front of the Ashmore, and
may cause a minor visual obstruction for the motel to the east. Adjacent
land uses:
North
— Loop 289 and restaurants
South
— motels
East —
motel
West
— motel
The proposal is consistent with the Comprehensive Land Use Plan
regarding land use. The plan policies that zone changes should benefit
and complement existing uses and be generally acceptable to adjacent
owners who have made investments is most relevant. No comments were
submitted by the owners of the motel to the east.
Again, the proposal is consistent with zoning policy except for the fact
that the new building will be in front of the Ashmore and may partially
obscure visual access of the motel to the east. However, that motel does
not have a strong line of sight to the Loop now with the presence of the
two restaurants. The zoning code normally has a protection of front
setback in front of an existing business or between adjacent businesses,
but that is for lots fronting along a common street. This particular
development uses narrow lots with drives to the Loop for access, and the
typical guidelines for setback do not apply. The project will not cause any
change for the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
1. Replace the fence gate and "dress up" the fence columns.
2. Solid waste collection shall be from and on the motel parcel, not from
the adjacent alley.
3. Lighting on the south face of the building or parking lot lighting on the
south end of the lot shall be shielded towards the residential south of
the alley.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to pass on first reading Ordinance No. 2001-
00012 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
The next item considered was Item No. 50.
SPECIAL
(48.) Hold a public hearing to consider the request of Texland Petroleum
for an Oil Drilling Permit on a tract of land located approximately
515 feet north and 2614 feet east of the northwest corner in Section 9,
Block A, Lubbock County, Texas (north of Kent Avenue and east of
Mesa Road). Designation of well is Texland-CLU #7-5.
Mayor Sitton opened the public hearing at 5:30 p. in. Dub Bratcher
appeared on behalf of Texland Petroleum. Wilford Naylor appeared in
opposition. Randy Henson, Senior Planner, presented staff comments.
Mayor Sitton closed the hearing at 5:32 p. in. Mayor Sitton reopened the
public hearing at 5:35 p.m. Jay Norton also appeared in favor of the Oil
Drilling Permit. Mayor Sitton closed the hearing at 5:37 p.m.
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Regular City Council Meeting
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Page 56
(49.) Consider approval of an Oil Drilling Permit for Texland-CLU #7-5.
On January 4, 2001 the Planning Department received an application for a
permit to drill the above described well. The well is an enhancement well
on an existing production unit in the Wheeler lease. Numerous other wells
have been approved in this vicinity. The storage site is proposed in
conjunction with an existing tank battery.
The application is in order. The original production unit contains 40 acres
and has a maximum diagonal of less than 3,000 feet. Texland proposes
earth sludge pits and no landscaping at the well site. The blow-out
protector has a 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 Avenue on
private property.
SHORT TERM IMPACTS: A minimum of impact for the public is
expected for the short term. An abandoned home is 443 feet northeast of
the well site and another home is 745 feet southwest facing Kent Avenue.
The location is on the edge of Blackwater Draw on ranch land north of
Kent. A large tank battery facility and storage yard is in an old borrow
area north of the Canyon just to the north of the well site.
POTENTIAL LONG TERM IMPACTS: The land area surrounding
and including this lease is designated residential on the Comprehensive
Land Use Plan. With additional wells in the immediate area and few
immediate development prospects, no long-term negative impacts are
anticipated.
The staff recommended approval subject to the following conditions:
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 minimum 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 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 Texland-CLU #7-5.
Staff recommended approval of the permit with the recommended
conditions.
Motion was made by Councilmember Nelson, seconded by
Councilmember Morrison for approval of an Oil Drilling Permit for
Texland-CLU #7-5. Motion carried: 5 Yeas, 0 Nays.
The next item considered was Item No. 45.
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Page 57
MISCELLANEOUS
(50.) Ordinance No. 2001-00013 amending Chapter 8 of the Code of
Ordinances with regard to changing the voting place for Voting
Precinct No. 23 from Monterey High School to Lubbockview
Christian Church; establishing a permanent polling place for Voting
Precinct No. 111; correcting a clerical error in the description of
Voting Precinct No. 111; providing for joint use of early voting
locations when practical and legal to do so; providing that all portions
of Chapter 8 not amended shall remain the same; directing that the
official map be amended to reflect this change; providing a savings
clause; providing for publication; and providing an effective date.
ORDINANCE NO.2001-00013
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO CHANGE THE
VOTING PLACE FOR VOTING PRECINCT NO. 23 FROM MONTEREY HIGH
SCHOOL TO LUBBOCKVIEW CHRISTIAN CHURCH; ESTABLISHING A
PERMANENT POLLING PLACE FOR VOTING PRECINCT NO. 111;
CORRECTING A CLERICAL ERROR IN THE DESCRIPTION OF VOTING
PRECINCT NO. 111; PROVIDING FOR JOINT USE OF EARLY VOTING
LOCATIONS WHEN PRACTICAL AND LEGAL TO DO SO; PROVIDING THAT
ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME;
DIRECTING THAT THE OFFICIAL MAP BE AMENDED TO REFLECT THIS
CHANGE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
A petition, requesting that the polling place for City of Lubbock Voting
Precinct No. 23 be moved from Monterey High School to Lubbockview
Christian Church for the benefit of the voters, was filed with the City of
Lubbock. The County's polling place for Precinct No. 23 is Lubbockview.
The City Council appointed a Temporary Election Committee to study and
recommended ways in which City, County and Lubbock Independent
School District polling places can be unified in order to reduce voter
confusion as to locations of election hosted by the various governments.
The Temporary Election Committee has recommended that the voting
place for Precinct No. 23 be moved from Monterey High School to
Lubbockview Christian Church because of parking and other problems
that make Monterey High School impracticable to use and emergency
requirements that make the fire station located within Precinct No. 23
impracticable to use.
The Committee also has recommended that a permanent polling place for
Precinct I I I be established at the County owned building at 7402 82nd
Street. This change will have the effect of requiring Precinct Nos. 104 and
112 to temporarily be consolidated with No. 111. This will match the
County's practice at that location. This area does not affect LISD since it is
not in their jurisdiction.
The Committee also recommended that branch early voting locations be
shared with regard to locations and hours by all entities to the extent
practical and permitted by law.
The physical perimeters of Precinct #23 are as follows:
North -341h Street
South -501h Street
East -Gary Avenue
West - Knoxville Avenue
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January 25, 2001
Page 58
Precinct #23 1990 demographics revealed that 50% of the voters are over
age 50 with 10% of the population being minority.
Within the perimeters of Precinct #23 there are only two public buildings:
Monterey High School and Fire Station #8. The Fire Chief has noted that
his recommendation is not to utilize the Fire Station as an election day
polling place.
For some ten years, the City and County election officials and voters have
complained about Monterey High School being the election day polling
place for Precinct #23. The complaints became so intense that Lubbock
County chose to move the polling place for Precinct #23 to Lubbockview
Christian Church in November 1996.
The Precinct #23 polling place complaints have continued to be conveyed
to the City Secretary's office. An additional complaint is the voters'
confusion as to the election being a City or County election and the
respective Election Day polling place. Ongoing complaints include the
lack of parking and the movement of the actual polling place inside
Monterey High School. A petition of 125 names was submitted to the City
Secretary's office in May 2000 to request the relocation of the City of
Lubbock's Precinct #23 election day polling place to Lubbockview
Christian Church's fellowship hall.
The City of Lubbock's Election Day is a Saturday versus Lubbock
County's Tuesday election day. In May 1998, there were five regional
events scheduled at Monterey High School. In May 2000, there was the
BCI Basketball Tournament and a regional recital that reserved the
Auditorium and Library with several 100 participants moving back and
forth from the Library to the Auditorium. Teri Navrkal, Vice Principal of
Student Activities, stated that it becomes increasingly more and more
difficult to schedule for the City of Lubbock elections. Ms. Navrkal
continued to state that it is not unusual to have three to five regional events
during the month of May of any given year.
For the General Election in May 2000, the City erected "Reserved
Parking" signage; however, these signs were most often ignored by those
parking. The polling place was located at a northeast entrance that was
accessible by only the main entrance, which had to be unlocked.
The Secretary of State was notified by the City Attorney's Department to
request an opinion as to moving the Election Day polling place away from
Monterey High School. The Secretary of State advised that the governing
authority has the right to move the polling place site if the polling place is
deemed to be unsuitable for use as a polling place. With the lack of
parking at Monterey High School and the danger of impeding emergency
vehicles at the Fire Station, the authority could view those public buildings
unsuitable for use as polling places.
The City of Lubbock currently utilizes three church affiliated facilities for
Election Day polling places:
Broadview Baptist Church's standalone Fellowship Hall;
Lakeridge Methodist Church's standalone Family Ministries Building;
Lubbock Christian University's Administration Building.
The proposed change from Monterey High School to Lubbockview
Christian Church will go into effect with the next election with the
submission to the U.S. Justice Department pursuant to the Voting Rights
Act of 1965.
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Page 59
Staff recommended that this ordinance be passed by the City Council.
Don Vandiver, Assistant City Attorney, presented staff comments.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2001-
00013 as recommended by staff. Motion carried: 4 Yeas, 0 Nays and 1
Abstention (Councilmember Nelson).
(51.) Ordinance pertaining to discontinuance of natural gas or electric
service during winter months (first reading).
The City Council considered a similar emergency item at its December 14,
2000 meeting. The prevailing opinion was that an emergency did not
exist. Also, the differences between the Public Utility Commission's
rules, as followed by local electric utilities and Energas and the Railroad
Commission's rules for the unincorporated areas under their jurisdiction
could be confusing for customers and providers alike.
Energas' Utility Operations Handbook, states:
6. Disconnection during extreme weather for Inside City Limits
(ICL) customers or Outside City Limits (OCL) customers:
Energas will not disconnect a customer on a day when:
(1) The previous day's highest temperature did not exceed 32
degrees Fahrenheit, and the temperature is predicted to
remain at or below that level for the next 24 hours, according
to the nearest National Weather Service (NWS) report.
(2) All Outside City Limits Customers: The previous day's
temperature in the county where the customer takes service
fell below 40 degrees Fahrenheit, and the National Weather
Service predicts that the temperature in that county will fall
below that level during the next 24 hours.
The above provisions (1) and (2) fairly represent the rules of the Public
Utility Commission and the Railroad Commission, respectively. Even if
32 degrees was the "trigger point" in both provisions, the result would be
very different. Note that provision (1) provides a "ceiling" above which
the temperature cannot rise for cutoffs to be suspended. Provision (2)
provides a "floor" below which the temperature must fall (but not remain)
for cutoffs to be suspended. By way of background, Energas' position on
the Railroad Commission's temporary rules is outlined in the attached
letter from Bill Guy, Vice President — Rates and Regulatory Affairs.
Note that this ordinance will also apply to SPS and SPEC.
The ordinance was drafted to be consistent with the Public Utility
Commission's rules, as requested by several Councilmembers.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass ordinance. Motion defeated: 2 Yeas, 3
Nays. Mayor Sitton and Councilmembers Morrison and McDougal voted
Nay.
(51.) Resolution No. 2001-R0026 authorizing the Mayor to issue an
appropriate election order to call a Venue Projects Election
conditional upon receipt of approval from the State Comptroller's
Office.
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Page 60
RESOLUTION NO.2001-R0026
A RESOLUTION PROVIDING FOR THE PLANNING, ACQUISITION,
ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR RENOVATION OF
VARIOUS PROJECTS AS "VENUE PROJECTS" AUTHORIZED BY CHAPTER 334,
SECTION 334.001(4)(A), TEXAS LOCAL GOVERNMENT CODE AS AN ARENA,
COLISEUM, STADIUM, OR OTHER TYPE OF AREA OR FACILITY THAT IS
USED OR IS PLANNED FOR USE FOR ONE OR MORE PROFESSIONAL OR
AMATEUR SPORTS EVENTS, COMMUNITY EVENTS, OR OTHER SPORTS
EVENTS, INCLUDING RODEOS, LIVESTOCK SHOWS, AGRICULTURAL
EXPOSITIONS, PROMOTIONAL EVENTS, AND OTHER CIVIC OR CHARITABLE
EVENTS AND FOR WHICH A FEE FOR ADMISSION TO THE EVENTS IS
CHARGED OR IS PLANNED TO BE CHARGED; INCLUDING THE FOLLOWING
IMPROVEMENTS AND RELATED INFRASTRUCTURE AND FINANCING
THEREFOR: (1) CONSTRUCTION OF A CHAMPIONSHIP SOFTBALL COMPLEX
TO BE LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE
(FORMERLY CANYON LAKE 6) IN THE VICINITY OF THE 2500 BLOCK OF
CANYON LAKES DRIVE; (2) CONSTRUCTION OF TWO LITTLE LEAGUE
BASEBALL FOURPLEXES, ONE TO BE LOCATED AT THE NORTH RIM OF
DUNBAR HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE
VICINTITY OF THE 2300 BLOCK OF CANYON LAKES DRIVE AND ONE TO BE
LOCATED IN THE VICINITY OF NORTH AVENUE X AND LOOP 289; AND (3)
IMPROVEMENT OF THE BUDDY HOLLY CONCERT AND RECREATIONAL
AREA AT LLANO ESTACADO LAKE (FORMERLY CANYON LAKE 2) IN THE
VICINITY OF THE 1200 NORTH UNIVERSITY AVENUE, WITH ALL APPROVED
PROJECTS TO BE FINANCED BY 5% OF THE SHORT-TERM MOTOR VEHICLE
RENTAL TAX AND 2% OF THE HOTEL OCCUPANCY TAX; MAKING
PROVISION FOR SUBMISSION OF THIS RESOLUTION TO THE STATE
COMPTROLLER FOR STATE FISCAL IMPACT ANALYSIS; PROVIDING FOR
THE MAYOR TO ISSUE AN APPROPRIATE ELECTION ORDER CALLING A
SPECIAL ELECTION FOR SAID VENUE PROJECT TO BE CONDUCTED ON MAY
5, 2001, UPON RECEIPT OF APPROVAL OF THIS RESOLUTION BY THE STATE
COMPTROLLER; CONDUCT OF SUCH ELECTION ACCORDING TO
APPLICABLE PROVISIONS OF LAW; PROVIDING AN EFFECTIVE DATE; AND
OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE
HEREOF.
WHEREAS, the City Council of the City of Lubbock desires to provide for the
planning, acquisition, establishment, development, construction or renovation of various
projects of the City of Lubbock as "venue projects" pursuant to Chapter 334, Section
334.001(4)(A), Texas Local Government Code, as amended, which is further described
below; and
WHEREAS, said Chapter 334 provides that if said venue projects are approved by
the voters, the City may establish a venue project fund and use money received from the
approved sources of financing such projects to reimburse or pay the costs of planning,
acquiring, establishing, developing, constructing, or renovating such approved venue
project, pay the principal of, interest on, and other costs relating to bonds or other
obligations issued by the City to finance an approved venue project, and pay the costs of
operating or maintaining an approved venue project; and
WHEREAS, Chapter 334 requires, and the City Council desires by this Resolution
to designate various "Venue Projects" and to designate the method of financing of such
proposed venue projects; and
WHEREAS, the City Council is authorized by Section 334.024, Texas Local
Government Code, to order an election on the question of approving and implementing
this Resolution and approving the venue project and its financing; and
WHEREAS, Section 334.021 further requires the City, before calling such
election to send a copy of this Resolution to the State Comptroller, who shall before the
15`h day after the date of receipt of a copy of this Resolution, (1) perform an analysis to
determine if approval and implementation of this Resolution will have a significant
Regular City Council Meeting
January 25, 2001
Page 61
negative fiscal impact on state revenue, and (2) provide the City written notice of the
results of said analysis; and
WHEREAS, Section 334.021 further provides that if the Comptroller does
determine that implementation will have a significant negative impact on state revenue,
the written analysis must include information on how to change the Resolution so that
implementation will not have a significant negative fiscal impact on state revenue; and
WHEREAS, the City Council further authorizes and directs the City Manager or
his designee to forward a copy of this Resolution to the State Comptroller immediately
after final passage for review and analysis; and
WHEREAS, the City Council further authorizes and directs the Mayor upon
receipt of a favorable analysis of the State Comptroller to issue an appropriate Election
Order calling a Special Election to be conducted on May 5, 2001, with regard to said
venue project; and
WHEREAS, it is officially found and determined that the meeting at which this
Resolution was passed was open to the public, and public notice of the time, place and
purpose of said meeting was given as required by Chapter 551, Texas Government
Code; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. INTENTION TO PROVIDE FOR VENUE PROJECTS. The City
Council does hereby adopt this Resolution to provide for the planning, acquisition,
establishment, development, construction, or renovation of various City of Lubbock
projects as venue projects pursuant to Sec. 334.001(4)(A) as an arena, coliseum, stadium,
or other type of area or facility that is used or is planned for use for one or more
professional or amateur sports events, community events, or other sports events,
including rodeos, livestock shows, agricultural expositions, promotional events, and other
civic or charitable events and for which a fee for admission to the events is charged or is
planned to be charged and which are further described herein) and to provide for the
financing thereof by the imposition of a short-term motor vehicle rental tax and a hotel
occupancy tax in the maximum amount specified for each individual venue project,
which amounts taken together shall not exceed 5% for short term motor vehicle rentals
and 2% hotel occupancy tax as authorized by Chapter 334, Texas Local Government
Code, upon approval of said venue projects and the method of financing thereof by the
voters at an election called for that purpose.
SECTION 2. DESIGNATION AND DESCRIPTION OF THE VENUE
PROJECT AND FINANCING PROVISIONS. The City Council does hereby designate
the following City of Lubbock projects as "Venue Projects" and declares its intention to
provide for the planning, acquisition, establishment, development, construction or
renovation and financing of such projects upon voter approval as provided by Chapter
334, Texas Local Government Code.
1) CONSTRUCTION OF A CHAMPIONSHIP SOFTBALL COMPLEX
TO BE LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL
LAKE (FORMERLY CANYON LAKE 6) IN THE VICINITY OF THE
2500 BLOCK OF CANYON LAKES DRIVE. This improvement is
authorized by Sec. 334.001(4)(A), Local Government Code, and the
purpose is to provide a venue that will enable the City of Lubbock to host
major softball tournaments, thereby enhancing tourism and economic
development for the City of Lubbock.
2) CONSTRUCTION OF TWO LITTLE LEAGUE BASEBALL
FOURPLEXES, ONE TO BE LOCATED AT THE NORTH RIM OF
DUNBAR HISTORICAL LAKE (FORMERLY LAKE 6) IN THE
VICINITY OF THE 2300 BLOCK OF CANYON LAKES DRIVE AND
ONE TO BE LOCATED IN THE VICINITY OF NORTH AVENUE X
AND LOOP 289. This project is authorized by Sec. 334.001(4)(A), Local
Government Code, and the purpose is to provide a venue that will enable
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Regular City Council Meeting
January 25, 2001
Page 62
the City of Lubbock to accommodate little league baseball tournaments,
thereby enhancing tourism and economic development for the City of
Lubbock.
3) IMPROVEMENT OF THE BUDDY HOLLY RECREATIONAL
AREA LOCATED AT LLANO ESTACADO LAKE (FORMERLY
CANYON LAKE 2) IN THE VICINITY OF THE 1200 NORTH
UNIVERSITY AVENUE. This project is authorized Sec. 34.001(4)(A),
Local Government Code, and the purpose is to provide a venue that will
better accommodate outdoor musical concerts and similar community
events at that location, thereby enhancing tourism and economic
development for the City of Lubbock and at the same time providing an
enlarged and improved venue for City of Lubbock citizens. A property
description and map of the area to be improved are attached hereto as
Exhibit A and made a part hereof for all intents and purposes.
SECTION 3. FINANCING PROVISIONS. Financing of the above described
venue projects, including costs of issuance and interest on bonds, if any) shall be by the
imposition of a short-term motor vehicle rental tax and a hotel occupancy tax in the
amount of 5% for short term motor vehicle rentals and 2% hotel occupancy tax as
authorized by Chapter 334, Texas Local Government Code, upon approval of said venue
projects and the method of financing thereof by the voters at an election called for that
purpose.
SECTION 4. BALLOT PROPOSITIONS. The proposed venue projects shall be
placed on the ballot to read substantially as follows:
PROPOSTION NO. 1
AUTHORIZING THE CITY OF LUBBOCK TO PROVIDE FOR THE PLANNING,
ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR
RENOVATION OF AN AMATEUR SPORTS FACILITY, TO -WIT: A
CHAMPIONSHIP SOFTBALL COMPLEX, TO BE LOCATED AT THE NORTH
RIM OF DUNBAR HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE
VICINITY OF THE 2500 BLOCK OF CANYON LAKES DRIVE; AND TO IMPOSE
A SHORT-TERM MOTOR VEHICLE TAX AT THE RATE OF 5% AND A HOTEL
OCCUPANCY TAX AT THE RATE OF 2% FOR THE PURPOSE OF FINANCING
THE CHAMPIONSHIP SOFTBALL COMPLEX.
FOR:
AGAINST:
PROPOSITION NO.2
AUTHORIZING THE CITY OF LUBBOCK TO PROVIDE FOR THE PLANNING,
ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR
RENOVATION OF AMATEUR SPORTS FACILITIES, TO -WIT: TWO LITTLE
LEAGUE BASEBALL FOURPLEXES, ONE TO BE LOCATED AT THE NORTH
RIM OF DUNBAR HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE
VICINITY OF THE 2300 BLOCK OF CANYON LAKES DRIVE AND ONE TO BE
LOCATED IN THE VICINITY OF NORTH AVENUE X AND LOOP 289; AND TO
IMPOSE A SHORT-TERM MOTOR VEHICLE TAX AT THE RATE OF 5% AND A
HOTEL OCCUPANCY TAX AT THE RATE OF 2% FOR THE PURPOSE OF
FINANCING THE LITTLE LEAGUE BASEBALL FOURPLEXES IN THE VICINITY
OF DUNBAR HISTORICAL LAKE AND NORTH AVENUE X AND LOOP 289.
FOR:
AGAINST:
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PROPOSITION NO.3
AUTHORIZING THE CITY OF LUBBOCK TO PROVIDE FOR THE PLANNING,
ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR
RENOVATION OF AN AREA USED FOR COMMUNITY EVENTS, TO -WIT: THE
BUDDY HOLLY RECREATION AREA, LOCATED AT LLANO ESTACADO LAKE
(FORMERLY CANYON LAKE 2) IN THE VICINITY OF 1200 NORTH
UNIVERSITY AVENUE AND APPROXIMATELY DESCRIBED AS BEGINNING
AT THE INTERSECTION OF NORTH UNIVERSITY AVENUE AND CANYON
LAKES DRIVE; THEN NORTHWEST ALONG CANYON LAKES DRIVE TO THE
KLFB RADIO STATION ACCESS ROAD; THEN SOUTHWEST TO THE EAST
LINE OF BLOCK 8, HILLSIDE ADDITION; THEN SOUTH TO LLANO ESTACADO
LAKE; THEN EAST TO NORTH UNIVERSITY AVENUE; THEN NORTH TO THE
POINT OF BEGINNING; AND TO IMPOSE A SHORT-TERM MOTOR VEHICLE
TAX AT THE RATE OF 5% AND A HOTEL OCCUPANCY TAX AT THE RATE OF
2% FOR THE PURPOSE OF FINANCING THE BUDDY HOLLY RECREATION
AREA.
FOR:
AGAINST:
SECTION 5. THAT the City Manager of the City of Lubbock or his designee is
hereby authorized and directed to submit this Resolution for review and analysis by the
State Comptroller as soon as practical after its passage by the City Council.
SECTION 6. THAT, upon receipt of notice of non -objection by the State
Comptroller to this Resolution, the Mayor shall order a Special Election be held on the
5th day of May, 2001, which date is a uniform election date available for municipal
elections, to determined whether the City of Lubbock may plan, acquire, establish,
develop and construct the above named venue projects to be financed by a Short -Term
Motor Vehicle Rental Tax at a combined rate of not more than five percent (5%) and a
Hotel Occupancy Tax at a combined rate of not more than two percent (2%) pursuant to
Chapter 334 of the Local Government Code.
SECTION 7. THAT an electronic voting system shall be used in this election,
including early voting. Ballots shall be prepared in accordance with the applicable
provisions of the Election Code so that voters may cast their ballots either "for" or
"against" the measure, which shall appear on the ballot substantially as follows:
SECTION 8. THAT the election shall be held at the voting places set forth in an
appropriate election order to be issued by the Mayor hereafter and all persons qualified
to vote in the City of Lubbock under the election laws of the State of Texas shall be
allowed to vote therein. Said Special Election shall be held and the polling places shall be
open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the precinct of their
residence unless otherwise provided in the election order. The sealed ballot box
procedure established by Subchapter C, Chapter 127, Texas Election Code shall be used
for this election.
SECTION 9. THAT notice of this election shall be published in a newspaper of
general circulation published in the City of Lubbock by publication of this Ordinance in
its entirety at least once not earlier than the 30th day or later than the loth day before
election day. In addition, notice of the election shall be posted as required by the Texas
Election Code.
SECTION 10. THAT early voting shall commence on the 18th day of April, 2001
and be conducted as provided by an appropriate Election Order to be issued hereafter in
implementation of this Resolution.
SECTION 11. THAT the City Council hereby finds that the statements set forth
in the recitals of this Resolution are true and correct, and the City Council hereby
incorporates such recitals as a part of this Resolution.
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Page 64
SECTION 12. THAT if any paragraph, sentence, clause, phrase or word of this
Resolution shall be held unconstitutional, invalid or void for any reason, the remainder of
this Resolution shall not be affected thereby.
SECTION 13. THAT this Resolution shall be effective immediately upon passage
in order to ensure that adequate time is available for State Comptroller review and
analysis and submission to the U.S. Department of Justice for preclearance.
Resolved by the City Council on this 25th day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Assistant City Manager
APPROVED AS TO FORM:
/s/Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
Exhibits A(1) and A(2) are on file with Resolution No. 2001-R0026.
Under the Texas Government Code, the City of Lubbock can create either
a Venue Project or a Venue District and, with voter approval, impose a
venue tax to fund certain venue projects as defined by the Code. A venue
project can be funded through a variety of taxing opportunities, most
commonly an increase in the Hotel/Motel Tax of up to 2% and up to 5% in
short term motor vehicle rental tax. Other allowable taxing opportunities
include an admissions tax (ticket tax), an event parking tax, a facility use
tax (on a professional sports team) and sales tax. Any venue project
requires that the voters approve each venue project and the financing
method for each project. The ballot must designate the venue project, the
associated method of financing and the maximum rate of each method of
financing.
On June 8, 2000 the City Council appointed a 15 member Sports and
Community Venues Advisory Committee. The primary objective of the
Committee was to research and develop recommendations for the City
Council with regard to the establishment of one or more venue projects for
the City of Lubbock, including recommendations with regard to financing
such projects from available venue taxes and other sources of revenue.
The Committee developed criteria to use as they researched various venue
projects and agreed that a venue project should meet one or more of the
following criteria:
1) Increase hotel room nights;
2) Enhance and preserve pubic and private recreational, cultural,
entertainment and arts activities accessible to all citizens and
markets;
3) Promote Lubbock for Tourism and Conventions;
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Regular City Council Meeting
January 25, 2001
Page 65
4) Enhance Lubbock's quality of life;
5) Anchor quadrants/sections of town that have been developed;
further develop these areas;
6) Develop Lubbock as a spectator and participatory sports event
venue;
7) Establish Lubbock as a regional center for the Arts;
8) Enhance Lubbock's image to the rest of the world.
At the December 4, 2000 City Council work session, David Langston,
Chairperson of the Sports and Community Venues Advisory Committee,
presented the Committee's recommendation on Venue Projects.
Numerous projects were considered and cost estimates were researched as
well as all financing options. During the work session, the City Council
directed staff to develop a final recommendation that would include the
following projects using the Venue Tax option:
Proiect
• Amateur Sports Facility —Championship Softball Complex.
Championship Softball Complex to be located at the north rim of
Dunbar/Historical Lake (formerly known as Lake #6) in the vicinity of
2500 block of Canyon Lakes Drive. (The City owns the land.)
• Amateur Sports Facilities —Two Little League Baseball Fourplexes.
One Little League Baseball Fourplex to be located at the north rim of
Dunbar/Historical Lake (formerly known as Lake #6) in the vicinity of
2300 block of Canyon Lakes Drive; the City owns land. The other
Little League Baseball Fourplex to be located in the vicinity of North
Ave X and Loop 289. The City will have to purchase the land.
• Community Events Area Renovation —Llano Estacado Lake. Llano
Estacado Lake (formerly Lake #2) Area Improvements will occur at
Buddy Holly Recreational Area, north side of the lake, located
approximately at 1200 North University.
Each Venue Project is voted on and approved separately. These projects, if
approved, will be constructed with bond proceeds that will not exceed the
available capacity generated by the Venue Taxes. Should the voters
approve all three projects, the scope and budget of the Softball Complex
will be scaled back accordingly to remain within projected funding limits.
In addition to funding the construction, the venue taxes will support the
annual maintenance on these facilities. There will not be a property tax
increase as a result of approval and construction of these projects.
With this in mind, and in accordance with Section 334.021, Texas Local
Government Code, the City of Lubbock will submit a resolution to the
State Comptroller's Office for state fiscal impact analysis prior to calling a
Venue Projects Election for May 5, 2001.
The City Council further directed staff to identify alternative funding for
the Visitors & Information Center ($375,000) and the Millennium Project
($300,000). Staff recommended funding these projects with a loan from
another fund that can be paid back with hotel/motel funds.
Staff recommended that Council authorize the Mayor to issue an
appropriate election order to call a Venue Projects Election conditional
upon receipt of approval from the State Comptroller's Office.
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Regular City Council Meeting
January 25, 2001
Page 66
Tommy Gonzalez, Managing Director of Civic Services, presented staff
comments.
Motion was made by Councilmember McDougal, seconded by
Councilmember Cooke to pass Resolution No. 2001-R0026 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
BOARD APPOINTMENTS
(53.) Consider one appointment to the West Texas Municipal PoNN'er
Agency.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to appoint Paul Thompson to the West Texas
Municipal Power Agency Board. Motion carried: 4 Yeas, 0 Nays.
Councilmember McDougal had stepped away from dais.
6:17 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Cooke adjourned the meeting with the majority of remaining Council
present at adjournment: Mayor Sitton, Councilmembers McDougal,
Morrison and Nelson.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
Read and approved this 20th day of February, 2001.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary