HomeMy WebLinkAboutMinutes - City Council - Regular - 4/26/2001REGULAR CITY COUNCIL MEETING
APRIL 26, 2001
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 261'
day of April, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:35 A. M. CITY COUNCIL CONVENED, City Council Chambers, 1625 13th
Street, Lubbock, Texas
Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor
Hernandez, Councilmember David Nelson, Councilmember T.J.
Patterson
Absent: Mayor Sitton and Councilmember McDougal and Morrison.
CITIZEN COMMENTS
No one appeared to express comments to the Council.
EXECUTIVE SESSION
Mayor Pro Tem Cooke 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 Manager); to deliberate, vote and take
final action on electric rates of Lubbock Power and Light (Electric
Utilities); pending or contemplated litigation (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 (Airport; Water Utilities).
7:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present except Mayor Sitton and
Councilmember Morrison.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 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
litigation (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:
Building Board of Appeals
Keep Lubbock Beautiful Advisory Committee
Redistricting Advisory Committee
( 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 (Airport; Water Utilities).
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9:45 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present except Councilmember Morrison.
(6.) Review Community Development funding policies for Public Service,
Return of Investment, and Park Facilities. Nancy Haney,
Community Development Manager (15 minutes)
Each year Community Development funds are allocated to different
projects. These policies are reviewed annually for effectiveness and
relevance. CD staff updated Council on the current policies, and any
revisions anticipated in the upcoming funding cycle.
(7.) Presentation on renovation planning for the Central Library. Jeff
Rippel, Library Director (20 minutes).
The purpose of this presentation was to show the City Council the results
of conceptual work conducted by the Library, with the guidance of
Facilities Manager Gary Smith and the architectural firm of Parkhill,
Smith & Cooper. This work was financed through Bridwell Endowment
and the Friends of the Library.
For some time the Facilities Department's capital projects forecasts have
pictured 2002 and 2003 as years for recarpeting Mahon Library,
introducing some changes in color treatment, and replacing of
furnishings that are now more than 25 years old. However, this scope
was expanded when upper management asked library administration to
give consideration to the need of a larger master plan for library services
In August 2000, the Library engaged nationally recognized library
consultant Robert Smith & Associates. The request was to provide
guidance that placed facilities master planning within the context of
overall customer service, and to include Mahon renovation
recommendations.
After receiving the Smith Report, the Library worked with Facilities
Manager Gary Smith. In December 2000, architectural services were
engaged with funds from the Friends of the Library.
( 8.) Presentation by Changemakers, a non-profit organization, regarding
healthier teen behavior. Debbie Mattox, Coordinator of the
Conference, and Dr. Bryan Cotton, Coordinator of First Resort
Network (10 minutes)
Councilman T.J. Patterson requested that this presentation by
Changemakers, part of the First Resort Network in Lubbock, be placed
on the work session agenda. These organizations are part of the Medical
Institute for Sexual Health, an Austin -based organization. Changemakers
will be conducting a seminar in Lubbock May 7-8 to "bring together
community leaders, educators, health care professionals, business leaders
and parents from both ends of the political perspective, giving them a
unique opportunity to collaborate in promoting healthier teen behaviors."
Debbie Mattox, coordinator of the Conference, and Dr. Bryan Cotton,
Coordinator of First Resort Network, made the presentation. Marla
Bryan, with Heart Line Pregnancy Services, which is affiliated, with
Changemakers, also attended the work session for the presentation.
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From the material the City received, it is likely that some of the
Changemakers' presentation will focus on current trends in adolescent
pregnancy, sexually transmitted disease, and HIV/AIDs. The City Health
Department coordinates efforts to track these trends, provide treatment
for sexually transmitted diseases, and provides prevention education. The
statistics used in the Changemakers' back-up material was provided by
the Lubbock City Health Department. However, the Lubbock City
Health Department at this time can neither endorse the remainder of the
material being provided to the Council nor attest to the credibility of the
program being conducted in May without a formal review of all material.
10:35 A. M. WORK SESSION RECESSED
10:50 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor
Hernandez, Councilmember Marc McDougal, Councilmember David
Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager;
Anita Burgess, City Attorney; and by Rebecca Garza, City Secretary
Absent: Mayor Sitton and Councilmember Morrison.
Mayor Pro Tern Cooke called the meeting to order at 10:50 A. M.
( 9.) Invocation by Father Phillip Paspuil, Our Lady of Grace Catholic
Church
(10.) Pledge of Allegiance to the Flag.
BOARD APPOINTMENTS RECOGNITION
Appointments Advisory Board
Receiving: Alvin Chatman (unable to attend)
Community Development and Services Board
Receiving: Cheryl Isaacs (unable to attend)
Community Relations Commission
Receiving: Bobby Thomas (unable to attend)
Keep Lubbock Beautiful Advisory Committee
Receiving: Cecilia Carter (unable to attend)
Park and Recreation Board
Receiving: Robert Narvaiz
Urban Design & Historical Preservation Commission
Receiving: Betty Wagner
Youth Commission Students
Receiving: Anita Guiterrez (unable to attend)
Victoria Sanchez (unable to attend)
CITIZENS APPEARANCES
(11.) Presentation of a special recognition to the Lubbock Alumnae
Chapter of Delta Sigma Theta Sorority, Inc., recognizing their
contributions to the Lubbock community.
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The Lubbock Alumnae Chapter of Delta Sigma Theta Sorority was
established in 1952 by nine concerned African -American women who
dedicated themselves to serving the public and to improving the quality
of life for all. Members began participating in Delta Day at City Hall.
This program promotes the advancement of education regarding the
services that are performed by the City of Lubbock. Members arrived at
9:00 a.m. for a meeting with Councilman Patterson, and stayed to watch
work session and the regular City Council meeting.
A special recognition was presented to the Lubbock Alumnae Chapter of
Delta Sigma Theta Sorority and accepted by Chapter President Ruby
White, together with members Gwen Titus, Angela Clark and Helen
Viser recognizing their contributions to the Lubbock community.
(12.) This item was deleted.
(13.) Presentation of a special plaque and three awards to the Lubbock
Police Department, Meyer's Jewelers (now Willis Jewelers), and
Lubbock Power and Light in honor of the "In Safe Hands" program.
On April 17, 2001 in Austin, Texas, Deputy City Manager Debra Forte'
was in attendance at the 2000 Volunteer Service Awards sponsored by
the Texas Department of Human Services Volunteer Services Directors.
The Region One Lubbock award was given to the "In Safe Hands"
program. The "In Safe Hands" program has been in place for several
months in the City of Lubbock, and already, the program has made a
difference in several lives. This program is a community effort to ensure
the safety of memory impaired people. The program provides
information on file with the Lubbock Police Department, and participants
wear a bracelet that identifies them as a member of the "In Safe Hands"
program. Lubbock Power and Light donated the money for the
bracelets, and Meyer's Jewelers donated the engraving on the bracelets.
The Community Alzheimer's Resources and Education (CARE) program
staff are administering the program. The program has more than 110
participants enrolled since its inception. In addition, this program is in
the process of being replicated by other agencies in the state.
Arlene Rhodes, (Department of Human Services) Lubbock/Region 01
Volunteer Director and Dana Bear, presented the plaque and awards to
Mary McGuire of the Lubbock Police Department, Paul Thompson,
Darrell Oliver and Marciano Morales, Lubbock Power and Light. No
representative of Meyer's (Willis) Jewelers was present.
TOP TEN LIST
Councilmember David Nelson gave his Top Ten List of Positive Things
About Lubbock.
No. 10 is Lubbock Arts Alliance. After completing another successful
Arts Festival for the 23rd year this past weekend at the South Plains
Fairgrounds, it is easy to forget all of the other great things this non-
profit 501 C (3) organization does for Lubbock. Charged with the
mission of encouraging cultural education and expression, as well as
accessing art in all forms and media for the public, the Lubbock Arts
Alliance awards over $110,000 annually to local organizations assisting
them in the production and presentation of numerous artistic events that
bring a greater appreciation of the arts to all segments of our city. We
salute you, Lubbock Arts Alliance, for painting broad brush strokes of
colorful culture and artistic access across the face of our city.
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No. 9 is Under the Stars. What better place than Lubbock's Mackenzie
Park to experience outdoor cultural events in the natural beauty created
by the west rim of Yellowhouse Canyon as it overlooks the Double
Mountain fork of the Brazos river. A 1,000-seat amphitheater approved
by our last bond election will soon begin to take form as a key element
of our Jim Bertram Canyon Lakes system and our millennium project.
The amphitheater will host musical, theatrical and other entertaining
events indigenous to this region. The combination of our clear skies and
musical heritage will find a good home in this latest outstanding joint
venture to promote the arts and their entertaining qualities.
No. 8 is Baccalaureate. and No. 7 is Brain Power. As our three
universities prepare to graduate approximately 4,000 seniors, we are
reminded of the tremendous resources these graduating young people
represent. The investment and potential they possess is the ultimate of
resources - the brainpower of the future. Let us do all we can as a
community to encourage that brain power to stay and/or contribute to
this city of the future. Lubbock is becoming known far and wide as a
city of knowledge.
No. 6 is Omnimax Theater. The south loop is home to one of only three
movie screens of its kind in the entire state of Texas. This 75 millimeter
film marvel is educational, entertaining and intriguing for thousands of
tourists and residents alike each year.
No. 5 is Communication. Last week's Association for Women in
Communications - Lubbock Professional Chapter Awards Banquet
showcased a professional organization of which all of Lubbock can be
proud. The contributions that their members have made to the
betterment of Lubbock - and telling the community and the world about
those contributions and Lubbock - are astounding. Choc and Virginia
Hutcheson received the prestigious George Mahon Award given to
persons who have dedicated their adult lives to a broad array of public
efforts and service. Congratulations to Choc and Virginia Hutcheson
and to the Women in Communications for their years of contributions to
Lubbock.
No. 4 is Kudos. With our Legendary Service Star awards, recognition
of organizations' outstanding accomplishments and calling attention to
service to Lubbock through boards and commissions participation, we at
City Hall try to do a good job at reminding everyone of all the good that
is happening here in Lubbock. There are positive things going on in
Lubbock all around us every day. If all 200,000 residents could be good
ambassadors for Lubbock - remember we've got plenty of good
material to be ambassadors with - there is no limit to the heights that
Lubbock could reach.
No. 3 is Yield. Living in the biggest cotton patch in the world, reminds
us of how important ag production is to the economy of Lubbock. A
good cotton crop "yields" exponentially multiplying benefits to our
entire economy. Hard work, good weather and, yes, government
support are essential ingredients to a good yield for this unique and
essential industry.
No. 2 is Environmental compliance. Earlier this month Dan Dennison,
the Environmental Compliance Manager for the city of Lubbock, was
awarded the prestigious I. E. Scott Award by the Texas Environmental
Health Association. This award recognizes superior achievement of the
highest standards in the environmental health profession. Dan has
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worked for the City of Lubbock for many years. This is another
example of what people throughout the state say about Lubbock, that is,
that there are more experts per square foot in Lubbock's City Hall than
anywhere else in the state.
No. 1 is Spring Renaissance. Who says there are no trees or pretty
flowers in Lubbock? Opening leaves and plying petals should remind us
of the botanical beauty this semi -arid landscape bears each spring and
summer. Lubbock's annual rebirth is particularly visible at the
Broadway entrance to Texas Tech and the combined Garden and Arts
Center and Arboretum at 42"d and University Avenue. On your way
home from work today, take time to smell the roses. You will have a
greater appreciation for life in Lubbock, Texas USA.
CONSENT AGENDA (Items Nos. 14- 43)
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to approve Items 14-28, 30- 35 and 37-43 on
consent agenda as recommended by staff. Motion carried: 5 Yeas, 0
Nays.
(14.) ORDINANCE #2001-00028-Abandoning and closing a portion of a
water line easement and a drainage easement in Section 20, Block E-
2, Lubbock County (2502 108" Street) (second and final reading).
ORDINANCE NO. 2001-00028
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A WATER
LINE EASEMENT AND A DRAINAGE EASEMENT LOCATED IN SECTION 20,
BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATON.
15.) ORDINANCE #2001-00029-Repealing Sections 9-19 and 9-20 of
Chapter 9 of the Code of Ordinances of the City of Lubbock, Texas
and reserving Sections 9-19 and 9-20 for future expansion (second
and final reading).
ORDINANCE NO. 2001-00029
AN ORDINANCE REPEALING SECTIONS 9-19 AND 9-20 OF CHAPTER 9 OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS AND
RESERVING SECTIONS 9-19 AND 9-20 FOR FUTURE EXPANSION.
(16.) Ordinance No. 2001-0030 abandoning and closing a 15-foot utility
easement in Lots 49 and 50, Bobalet Heights Addition to the City of
Lubbock (2215 Slide Road) (first reading).
ORDINANCE NO. 2001-00030
AN ORDINANCE ABANDONING AND CLOSING A 15-FOOT EASEMENT
LOCATED IN LOTS 49 & 50, IN THE BOBALET HEIGHTS ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER
NT AND CLOSING; MAPS OF THE
PROVIDING A
CITY TO REFLECT SAID ABANDONME
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Regular City Council Meeting
April 26, 2001
Page 269
This east -west 15-foot wide easement was dedicated by plat between lots
49 and 50 of the Bobalet Heights Addition. This easement is located just
north of 24`' Street, east of Slide Road. This area is being replatted into
several smaller lots and new areas will be dedicated for utilities.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
(17.) Resolution No. 2001-RO138 authorizing the Mayor to execute a
monitor well permit with Southwest Convenience Stores, L.L.C. for
use of a City street (1625 27`h Street).
RESOLUTION NO. 2001-RO138
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 Southwest Convenience Stores, L.L.C. 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 26th day of April, 2001.
/s/ ALEX `TY' COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of the Agreements is filed with Resolution No. 2001-R0138.
This monitor well permit allows Southwest Convenience Stores,
L.L.C.'s representative, E. E. & G. of Midland, to drill a monitor well
in the south parkway of 27`' Street, just east of Avenue Q. The 7-11
convenience store at the northwest corner of 27" and Avenue Q 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 the 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.
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(18.) Resolution No. 2001-RO139 authorizing the Mayor to execute a real
estate purchase and sale agreement with the Burlington Northern
and Santa Fe Railway Company for their property interest in a tract
of land needed for the Marsha Sharp Freeway (aka East-West
Freeway) railroad relocation project (north side of US 84 [Clovis
Highway], east of North Frankford Avenue, Parcel 1RR62).
RESOLUTION NO. 2001-RO139
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 Real Estate Purchase and
Sale Agreement between the City of Lubbock and the Burlington Northern and Santa Fe
Railway Company, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
This item was voided due to the fact the Agreement was never properly signed.
(19.) Resolution No. 2001-RO140 authorizing the Right -of -Way
Department to make an offer to Charles Ronnie Shannon for a
0.0304 acre fee simple tract of land located in Section 38, Block D,
Lubbock County, for the Airport Railroad Spur Project (north of
Airport).
RESOLUTION NO. 2001-RO140
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for a Lubbock
International Airport Railroad Spur Track; 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 Charles Ronnie
Shannon BE offered through the Right -of -Way Department of the City of
Lubbock, the amount of $2,270.00 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 26th day of April, 2001.
/s/ Ty Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of Exhibit "A" is filed with Resolution No. 2001-R0140.
This 0.0304 acre (1,326-square feet) piece of property is being acquired
for the Lubbock International Airport Railroad Spur Project. This parcel
is located north of FM 1294, east of I-27, and adjacent to the Burlington
Northern Santa Fe (BNSF) track that runs to Amarillo from Lubbock.
This taking on the very south side of Mr. Shannon's property is where
the spur line switch will be installed taking the track southward to the
airport. Tommy Cantrell and Merle Blosser appraised this property and
Dave Culbertson of the Department of Commerce Economic
Development Administration reviewed these appraisals. The 0.0304 acre
fee simple taking was valued at $2,270; $106 of this value was for the
land, $1,585 for the fence and $579 of this value was for damages.
Therefore, our offer to Mr. Shannon is $1,270.
This resolution also authorizes our Legal Department to institute
condemnation proceedings if the offer is refused.
The Right -of -Way Department recommended the approval of our offer to
Charles Ronnie Shannon.
(20.) Resolution No. 2001-RO141 authorizing the Mayor to execute
Contract No. 51105F6042 with the Texas Department of
Transportation (TxDOT) for capital assistance for Citibus.
RESOLUTION NO. 2001-RO141
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, Contract No. 51105F6042
between the City of Lubbock and the Texas Department of Transportation, for capital
assistance to purchase two 35' passenger buses, 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 26th day of April, 2001.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
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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 Contract is filed with Resolution No. 2001-R0141.
TxDOT is allocating $515,000 of public transportation funds to the City
of Lubbock for capital investments. The funds will be used to purchase
two 35' passenger buses. The contract becomes effective when fully
executed by both parties or on April 15, 2001, whichever is later. The
contract shall terminate on April 14, 2002. The buses will be purchased
on an option that was included in RFP #00-02. NovaBus was awarded
RFP#00-02 by the City Council at the November 27, 2000 meeting. The
option and purchase order for the two buses were approved at the April
12, 2001 City Council meeting.
Toll credits from the Texas Department of Transportation will allow for
the funds to be used at 100%, no local match will be required. No
additional funding will be needed from the City of Lubbock.
Citibus recommended the approval of Contract No. 51105F6042.
(21.) Resolution No. 2001-RO142 authorizing acceptance of water and
sanitary sewer improvements for Lots 224-300, Regal Park Addition
to the City of Lubbock, Lubbock County, Texas.
RESOLUTION NO. 2001-RO142
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR LOTS 224 - 300, REGAL PARK ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 224 - 300, Regal Park 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 $147,689.54 with the
improvements constructed by Utility Contractors of America having a value of
$96,526.10 as determined by the unit prices established by said Chapter 28, and
$18,670.23 cash paid to the City, which amount includes $14,796.01 cash for adjacent
lines, with Lubbock Land Company, Six Ltd. the developer, to receive a refund of
$42,762.27 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.
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SECTION 2. THAT the refundable cost in the amount of $42,762.27 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.
Passed by the City Council this 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, 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 improvements
constructed in accordance with the subdivision regulations. The total
cost of the improvements is $147,689.54 and has a value of $96,526.10
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
$18,670.23 that includes $14,796.01 for adjacent mains. The developer,
Lubbock Land Company, Six Ltd., will receive a refund of $42,762.27
in accordance with Chapter 28. There is no refund of deposit.
The subdivision is located between 87' and 89`' Streets and between
Frankford and Homestead Avenues.
Staff recommended acceptance of the improvements.
(22.) Resolution No. 2001-RO143 authorizing the Mayor to execute a lease
agreement with the State of Texas to provide office space for the
Texas Forest Service in the new Fire Complex.
RESOLUTION NO. 2001-RO143
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 State Lease between the
City of Lubbock and the State of Texas, and any other related documents. Said Lease
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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Passed by the City Council this 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Lease is filed with Resolution No. 2001-R0143.
The Texas Forest Service has recently assigned a new representative to
the Lubbock area. Previous to this time, there had not been a
representative assigned here and as such, there was no office. Chief
Hailey and Shane Brown (with the Texas Forest Service) have met on
several occasions and discussed the possibility of locating the Texas
Forest Service office in the new Fire Complex. As a result of these
discussions it was decided to proceed with the lease agreement, as it
would prove beneficial to both parties. Some of the beneficial reasons
include additional training opportunities for the Lubbock Fire
Department, and to provide an on -site liaison with the Texas Forest
Service for resource coordination. The value of the lease is $1,800
annually.
Staff recommended approval of the resolution and lease agreement.
(23.) Resolution No. 2001-RO144 authorizing the Mayor to execute a grant
application to the Federal Emergency Management Agency (FEMA)
for fire fighting funds.
RESOLUTION NO. 2001-RO144
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 Application to the
Federal Emergency Management Administration to procure Training Equipment and
Two departmental vehicles to be used by the Lubbock Fire Department and authorizing
the City to allocate $181,185 in matching funds for said Grant, and all related
documents. Said 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.
Passed by the City Council this 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 275
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ AM L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Application is filed with Resolution No. 2001-R0144.
In the fiscal year 2001, Congress appropriated $100,000,000 to carry out
the activities of the Assistance to Firefighter Grant Program. Fire
Departments may apply for grant funds from two of the six categories
approved for funding. The Lubbock Fire Department is applying for
funding in the areas of training activities and vehicles. As a result of our
population bracket, the grant requires a 30 % local match of the Federal
funds approved. The total amount of our grant package is $603,950 and
the resulting match will be $181,185 . All grants must be awarded no
later than September 30, 2001. If awarded, matching funds will be
provided by the Public Safety Improvement Fund and not affect the
General Fund.
Staff recommended approval of the grant application.
(24.) Resolution No. 2001-R0145; Resolution _No. 2001-R0146; and
Resolution No. 2001-RO147 authorizing the Mayor of the City of
Lubbock to execute an interagency agreement for law enforcement
purposes for the investigation and prevention of narcotic and drug
related laws of the State of Texas by and between the City of
Lubbock, the City of Lamesa, Texas; Lubbock County and Gaines
County.
RESOLUTION NO. 2001-RO145
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
THAT the City Manager of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an Interagency
Agreement to develop a narcotics task force for law enforcement purposes, by and
between the City of Lubbock and the City of Lamesa, Texas, attached hereto, and
which Agreement shall be spread upon the minutes of the Council and as spread upon
the minutes of the Council shall constitute and be part of this Resolution as if fully
copied herein.
Passed by the City Council this 26th day of April, 2001.
/s/ TY COOKE
TY COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 276
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0145.
RESOLUTION NO. 2001-RO146
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
THAT the City Manager of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an Interagency
Agreement to develop a narcotics task force for law enforcement purposes, by and
between the City of Lubbock and Lubbock County, Texas, attached hereto, and which
Agreement shall be spread upon the minutes of the Council and as spread upon the
minutes of the Council shall constitute and be part of this Resolution as if fully copied
herein.
Passed by the City Council this 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0146.
RESOLUTION NO. 2001-RO147
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
THAT the City Manager of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an Interagency
Agreement to develop a narcotics task force for law enforcement purposes, by and
between the City of Lubbock and Gaines County, Texas, attached hereto, and which
Agreement shall be spread upon the minutes of the Council and as spread upon the
minutes of the Council shall constitute and be part of this Resolution as if fully copied
herein.
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Page 277
Passed by the City Council this 26th day of April, 2001.
ALEX `TY COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0147.
The interagency agreement is being made in conjunction with the
Governor's Anti -Drug Abuse Program. As a recipient of a Texas
Narcotics Control Program Grant, one requirement is that each
participating agency enter into an interagency agreement. This is to
assure compliance with the various mandates of the program placed upon
the participating agencies.
The execution of this agreement will also allow City of Lubbock Police
Officers to work outside their normal jurisdictional boundaries in
furtherance of the goals of the program, and making the enforcement
effort multi jurisdictional.
The Police Department recommended the passing of the resolutions
(25.) Resolution No. 2001-RO148 authorizing the City Manager to approve
a joint application with the City of Lamesa, Lubbock County and
Gaines County for a state administered federally funded grant for
the continuation of the South Plains Regional Narcotics Task Force.
RESOLUTION NO. 2001-RO148
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
THAT the City Manager of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a joint application with
Lubbock County, Gaines County and the City of Lamesa, Texas, for grant funding and
related documents for the State of Texas, Office of the Governor, Criminal Justice
Division, for State and Federal assistance for operation of the South Plains Regional
Narcotics Task Force to combat narcotics and illegal substances trafficking. The City
Council hereby agrees to a cash match of $229, 657.00, from the City of Lubbock to
fund 25 % of the Project, as required by the State of Texas in order to be eligible to
receive such State and Federal assistance; and
THAT in the event of loss or misuse of funds of the State of Texas, Office of
the Governor, Criminal Justice Division, provided pursuant to said joint application for
grant funding, this Council assures that the funds will be returned to the Criminal
Justice Division.
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Page 278
Passed by the City Council this 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
The grant application is being made in conjunction with the Governor's
Anti -Drug Abuse Program. The 52 law enforcement agencies
represented in the South Plains region cover some 10,000 square miles
and are responsible to approximately 300,000 people located in 11
counties. Narcotic trafficking on the South Plains should be considered
multi jurisdictional with the success of each individual law enforcement
agency in its operation having a direct effect on criminal activity in
neighboring jurisdictions. Illegal narcotic trafficking is a regional
program requiring regional coordination.
The citizens of the 11 county region, including the City of Lubbock,
would greatly benefit from this program. By identifying transient
narcotic dealers and coordinating efforts to monitor their activities, the
program will facilitate an effective impact on the narcotic problem in the
11 county region.
Further, the Task Force will maintain an effective communications
network with local jurisdictions concerning criminal violator activity.
This approach will be promoted by an effective coordination of
enforcement priorities and an efficient violator apprehension program
working closely with the Drug Enforcement Administration, Department
of Public Safety, County and City law enforcement agencies. The unit
would also lend investigative support to local jurisdictions.
The grant application is to be received by the Governor's Office,
Criminal Justice Division. Awards for the grant have been set for June
1, 2001. The total request for funding is $624,272 with the City of
Lubbock, City of Lamesa, Lubbock County, and Gaines County
contribution being $237,056. This is the required cash match for the
total grant. If awarded, the City of Lamesa, Lubbock County and Gaines
County will provide matching funds. No funds will be needed from City
of Lubbock.
The Police Department recommended the passing of the resolution.
(26.) Resolution No. 2001-R0149 authorizing the Mayor of the City of
Lubbock to execute a motorcycle lease for the Lubbock Police
Department.
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Page 279
RESOLUTION NO. 2001-RO149
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 between the City
of Lubbock and Graves Harley-Davidson Sales, for police motorcycles, and related
documents. Said Lease 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 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken Walker, Chief of Police
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Lease is filed with Resolution No. 2001-R0149.
The Lubbock Police Department utilizes motorcycles, highly
maneuverable in heavy traffic, for escorts and traffic law enforcement.
Leasing these machines is cost-effective in two major aspects. First, the
motorcycles are under factory warranty during most of the lease period.
Secondly, all are replaced at lease's end; no aging machines are retained
to amass escalating repair costs as mileage accrues.
Staff recommended Council authorize the Mayor to execute a motorcycle
lease agreement between the City of Lubbock and Graves Harley-
Davidson.
(27.) Resolution No. 2001-RO150 authorizing the Mayor to execute a
professional services agreement with Morrison & Guinn of Waco,
Texas, to assist the City of Lubbock with redistricting issues.
RESOLUTION NO. 2001-0150
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Professional Services Agreement
with Guinn & Morrison, Attorneys, of Waco, Texas, for assistance in preparation of a
redistricting plan for the City of Lubbock, a copy of which Agreement is attached
hereto, and any associated documents, which Agreement 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 26th day of April, 2001.
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April 26, 2001
Page 280
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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-R0150.
Census 2000 data on Lubbock's population indicates that the City's
Council Districts must be reapportioned prior to the May 2002, City
general election. Due to drastic changes in voting law since the 1990
census, including Reno v. Shaw and its progeny, it will be essential to
have professional assistance in developing a redistricting plan and
submitting it to the U.S. Justice Department for approval. Guinn &
Morrison have such expertise.
The City Attorney and City staff recommended approval of the contract
for professional services with regard to redistricting the City of Lubbock
prior to the May 2002, City general election.
(28.) Resolution No. 2001-RO151 creating a fifteen -member Redistricting
Advisory Committee of the City of Lubbock to study redistricting
issues raised by the 2000 Census.
RESOLUTION NO. 2001-RO151
WHEREAS, the 2000 Census figures have been released by the Census Bureau
of the United States; and
WHEREAS, it appears that some adjustment of City Council Districts will be
required as a result of the 2000 Census data; and
WHEREAS, changes in Federal case law since the 1990 Census have radically
changed the legal premises and processes involved in redistricting by local
governments; and
WHEREAS, it is the opinion of the City Council that the best interests of the
citizens of the City of Lubbock would be served by the creation of a Redistricting
Advisory Committee composed of citizens representing all elements of Lubbock's
population to advise the City Council on issues pertaining to redistricting based on the
newly released census data; and
WHEREAS, the City Council desires to have the Committee make its
recommendation to the Council based on the redistricting guidelines set forth herein;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock hereby creates
and establishes a Redistricting Advisory Committee to assist the City Council with
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April 26, 2001
Page 281
regard to issues pertaining to redistricting prior to the City's next General Election in
May, 2002.
SECTION 2. THAT the composition of the Redistricting Advisory Committee
and the terms of its members shall be as follows:
a) The Redistricting Advisory Committee shall consist of fifteen (15)
members, with each City Council member and the Mayor appointing
two (2) members. The Mayor shall also appoint a chairperson for the
Committee.
b) Terms shall be until such time as a final report is delivered to the
City Council at a date not later than November 1, 2001.
SECTION 3. THAT the Redistricting Advisory Committee shall abide by the
following guidelines in its preparation of its final recommendation to the City Council
on redistricting:
a) Where possible, use easily identifiable geographic boundaries for
districts.
b) Maintain communities of interest within a single district and avoid
splitting neighborhoods.
c) Use whole voting precincts to make up the districts.
d) Base the recommended plan to the extent possible on existing Council
districts.
e) Recommend districts that are relatively equal in population, avoid
bizarre shapes, and do not exceed a 10% top to bottom population deviation
between districts.
f) Recognize incumbent -constituency relationships by not recommending
districts containing more than one current Council member.
g) Recommend a plan that is narrowly tailored to avoid retrogression in the
position of racial or ethnic minorities as defined in the Voting Rights Act with
respect to their exercise of electoral franchise.
h) Seek public input as appropriate by means of public hearings and other
methods as required.
SECTION 4. THAT the City Manager may appoint a member of the
administrative staff as the staff liaison for the Redistricting Advisory Committee. The
staff liaison may provide such administrative assistance and supplies as may be
necessary to assist the Commission in carrying out its strategies and goals.
Passed by the City Council this 26th day of April, 2001.
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Debra Forte
Debra Forte, Deputy City Manager
/s/Alex "Ty" Cook
ALEX "TY" COOK, MAYOR PRO TEM
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Regular City Council Meeting
April 26, 2001
Page 282
APPROVED AS TO FORM:
/s/Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
Census 2000 data on Lubbock's population indicates that the City's
Council Districts must be reapportioned prior to the May 2002, City
general election. Due to drastic changes in voting law since the 1990
census, including Reno v. Shaw and its progeny, it will be essential to
have professional assistance in developing a redistricting plan and
submitting it to the U.S. Justice Department for approval. Guinn &
Morrison have such expertise.
The City Attorney and City staff recommended approval of the contract
for professional services with regard to redistricting the City of Lubbock
prior to the May 2002, City general election.
(29.) This item was deleted.
(30.) Consider the price and condition of sale of Parcel 93440-23-4 at 2507
Cedar Avenue in the Chatman Hill Area.
This is a routine sale of property by the Urban Renewal Agency to
Maxine Wilson for $400. The property is to be redeveloped by moving
an existing, feasible 1,118-square foot single-family residence onto the
lot and by rehabilitating to electrical, plumbing and mechanical City
Code Standards. The structure is valued at $24,372 on the tax roles.
The land is properly zoned.
The proposed sale is submitted according to the Marketing Plan for the
Chatman Hill Area adopted by the Urban Renewal Board of
Commissioners on August 15, 1989.
The Community Development staff recommended approval.
(30A.) Resolution No. 2001-RO152 authorizing the Mayor to execute an
assignment and bill of sale, by and between the Brazos River
Authority, as assignor, and the City of Lubbock, as assignee, and
any related documents, providing for the assignment of the oil and
gas leases and related personal property, formerly owned by Bert
Fields, Jr., located in Garza County, Texas.
RESOLUTION NO. 2001-RO152
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 Assignment and Bill of
Sale between the City of Lubbock and Brazos River Authority, and any other related
documents. Said Assignment is attached hereto and incorporated in this Resolution as
if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 26th day of April 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 283
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Managing Director Water Utilities
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Assignment is filed with Resolution No. 2001-R0152.
The BRA, in connection with the settlement of the condemnation
proceedings regarding the oil and gas working interests owned by Bert
Fields, Jr., in Garza County, desires to assign properties assigned to it to
the City. The BRA is the condemning authority regarding such
properties and consequently is the assignee under the assignment in lieu
of condemnation. The assigned properties include (i) the properties
subject to the condemnation proceedings (the "Condemned Property");
and (ii) the remainder of the interests owned by Bert Fields, Jr. located
adjacent to the Condemned Property. After the assignment to the City, it
is contemplated that the City will own the properties only as long as is
necessary to prepare and solicit bids and award the highest responsible
bid for same.
The assignment from the BRA to the City is on the same terms as the
assignment from Bert Fields, Jr. to the BRA. The BRA is requiring the
City to indemnify the BRA, to the extent permitted by law, against all
claims resulting from the BRA's execution of the assignment from Bert
Fields, Jr. or its temporary ownership of the subject properties.
Due to the fact that the BRA has not taken possession of the subject
properties, other than through a mutually accepted contract operator,
staff believed that the BRA request of indemnification is reasonable and
recommended that the City accept the terms of the BRA assignment to
the City.
(31.) Resolution No. 2001-RO153 outlining and establishing the payment
deadlines and reconnect charges for electric service provided by the
City's municipally owned electric utility, Lubbock Power & Light
(LP&L).
RESOLUTION NO. 2001-RO153
WHEREAS, Lubbock Power & Light is the municipally owned electric utility of
the City of Lubbock;
WHEREAS, pursuant to Section 40.055 of the Texas Utility Code, the City
Council of the City of Lubbock, as the governing body of Lubbock Power & Light, has
exclusive jurisdiction to set all terms of access, conditions, and rates applicable to
services provided by Lubbock Power & Light;
WHEREAS, it has heretofore been provided that any bill for electric service
provided by Lubbock Power & Light shall be due and payable fifteen (15) days after
issuance;
WHEREAS, it has heretofore been provided that any customer of Lubbock
Power & Light that has had their electric service disconnected for failure to pay for
electric service within the fifteen (15) days and who subsequently paid all past due and
delinquent charges for electric service to Lubbock Power & Light and who desires to
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April 26, 2001
Page 284
reconnect their electric service has been required to pay a reconnection charge of six
dollars ($6.00) during normal working hours and fifteen dollars ($15.00) outside of
normal working hours;
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to improve the efficiency and
competitiveness of the municipally owned electric utility, Lubbock Power & Light;
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to increase the time period for customers
to pay for electric service provided by Lubbock Power & Light; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to increase the amount charged for
reconnection of electric service disconnected for failure to pay for electric service;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT any bill for electric services provided by Lubbock Power & Light
shall become due and payable twenty-one (21) days after issuance. Such bill shall be
paid by the customer of such service at the office of Lubbock Power & Light or by
properly mailing payment to the office of Lubbock Power & Light by placing such
payment in the United States mail, properly addressed to Lubbock Power & Light.
Simple interest of five (5) percent shall be charged to any customer that fails to pay his
bill after twenty-one (21) days from issuance. The five (5) percent interest on late
payments shall apply to all classes of customers served. Provided, however, that this
section shall be subject to state law, including, but not limited to, Chapter 182,
Subchapter A of the Texas Utilities Code, "Payment of Utility Bill for Elderly
Individual."
As used in this article, date of issuance shall mean the date when a bill is placed
in the United States Mail properly addressed to the customer.
2. THAT every user or customer of the city's electric utility system shall
pay matured rates and charges within twenty-one (21) days from the date the same
become due and payable as set forth above. Notice and opportunity for hearing will be
given persons disputing the amount of such rates and charges. In the event same are
not so paid, it is hereby made the duty of the director of electrical utilities to disconnect
electric service unless said user or customer has appeared and shown substantial reason
why such action should not be taken. Whenever the amount past due and delinquent is
paid by such user or customer, such service may be resumed, but there shall be charged
and collected a reconnection charge of forty-four dollars ($44.00) for reconnection
during normal working hours and fifty-seven dollars ($57.00) for reconnection outside
normal working hours. Normal working hours are 8:00 a.m. to 5:00 p.m. on
weekdays excluding city holidays. Such service shall also be disconnected when a user
or customer fails to pay for water service rendered by the city.
3. THAT should any paragraph, sentence, clause, phrase, or word of this
Resolution be declared unconstitutional or invalid for any reason, the remainder of this
Resolution shall not be affected thereby.
Regular City Council Meeting
April 26, 2001
Page 285
Passed by the City Council on this 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul Thompson, Director of Electric Utilities
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade, Assistant City Attorney
LP&L is not presently collecting actual costs to process overdue bills and
to reconnect those services for customers that were disconnected for
failure to pay. These items were covered under an ordinance that was
repealed in order to give LP&L the ability to more easily modify these
charges as business conditions warrant.
This resolution extends the time period for customers to pay for electric
service from 15 days to 21 days and increases the reconnect fee during
normal working hours from $6 to $44. The reconnect fee outside of
normal working hours is being increased from $15 to $57.
The staff recommended that the Mayor and City Council approve the
modifications.
(32.) Resolution No. 2001-110154/13I1) #01-014Paratransit Vans (Citibus).
RESOLUTION NO. 2001-RO154
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor is hereby authorized and directed to execute for and on behalf
of the City of Lubbock, a Purchase Order for the purchase of five (5) paratransit vans
to be used by Citibus. 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 26th day of April, 2001.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
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Page 286
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 Purchase Order is filed with Resolution No. 2001-R0154.
This bid is for the purchase of five paratransit vans to be used by
Citibus. The vehicles will replace five paratransit vans that are currently
being used by Citibus. The bid included an option to purchase two more
vehicles. Low bid to meet all specifications was Lasseter Bus and
Mobility at a price of $99,775 per vehicle, or $498,875 for five vehicles.
Funds for two of the paratransit vans will come from the fiscal year
2000- 2001 Federal Transit Administration Grant 5307 that was
presented to the City Council at the April 12, 2001 meeting. Funds for
the remaining three vehicles will be awarded in next fiscal year's grant.
However, the Federal Transit Administration has given the City of
Lubbock/Citibus pre -award authority. This allows for purchase of the
vehicles before the funds are actually awarded. Citibus asked for the
pre -award due to long lead times in production schedules. The
paratransit vans will be delivered after October 1, 2001, after the new
grant has been awarded.
The Federal Transit Administration will cover 80 % of the purchase; the
remaining 20 % will come from funds already allocated to Citibus for FY
2001. No additional funding will be needed from the City of Lubbock.
Citibus recommended that Bid #01-01 be awarded to Lasseter Bus and
Mobility.
(33.) Resolution No. 2001-R0155/BID #038-01/RS —Utility Trailers (Fleet
Services).
RESOLUTION NO. 2001-RO155
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
#038-01/RS for utility trailers, by and between the City of Lubbock and Pro-Tainer,
Inc. of Alexandria, MN., 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 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
:.
Regular City Council Meeting
April 26, 2001
Page 287
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-R0155.
This bid is for the purchase of three recycle flatbed trailers with bins for
the Solid Waste Department, two loader/backhoe transport trailers, one
equipment utility trailer, and one car hauler trailer for the Parks
Department. Item #1 on the tabsheet for an enclosed livestock trailer was
deleted at the request of Animal Control.
The low bids are from the following companies:
Pro-Tainer Inc. of Alexandria, MN
$27,354
Yellowhouse Machinery Company of Lubbock, TX
$12,590
EVACO Acquasitions Corporation of Griffin, GA
$7,162
J&B Trailers and Equipment of Lubbock, TX
$3,180
The low bids are within the Capital Outlay Equipment budget.
(34.) Resolution No. 2991-R0156/BID #040-01/RS Tractor Backhoe with
Front End Loader (Fleet Services).
RESOLUTION NO. 2001-RO156
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
#040-01/RS for a tractor backhoe with front end loader, by and between the City of
Lubbock and Associated Supply Company 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 26th day of April, 2001.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
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Regular City Council Meeting
April 26, 2001
Page 288
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-R0156.
This bid is for the purchase of three tractor backhoes with front-end
loaders and trailers. These units will replace existing units currently
used by the Water Pipeline Maintenance Department.
The low bid is $184,323 from Associated Supply Company of Lubbock,
Texas and is within the Equipment Capital Outlay -Heavy Moveable
budget.
(35.) Resolution No. 2001-R0157; Resolution No. 2001-R0158; and
Resolution No. 2001-R0159/BID #041-01/RS — Heavy Off -Road
Equipment (Fleet Services).
RESOLUTION NO. 2001-RO157
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
#041-01/RS for heavy off -road equipment, by and between the City of Lubbock and
Scott Tractor 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 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0157.
This bid is for the purchase of heavy off -road equipment for Solid
Waste, Unpaved Streets, and Land Application. The 125 horsepower
motor grader (tabsheet item #4) will be purchased instead of the 80
horsepower motor grader (tabsheet item #3). The two motor graders
were bid with the intent to purchase only one piece of equipment.
Regular City Council Meeting
April 26, 2001
Page 289
RESOLUTION NO. 2001-RO158
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
#041-01/RS for heavy off -road equipment, by and between the City of Lubbock and
West Texas Cat 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 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0158.
RESOLUTION NO. 2001-RO159
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
#041-01/RS for heavy off -road equipment, by and between the City of Lubbock and
Associated Supply Company, 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 26th day of April, 2001.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
�•.
Regular City Council Meeting
April 26, 2001
Page 290
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-R0159.
The low bids are from the following companies:
West Texas Caterpillar of Lubbock, TX I $679,085.00
Associated Supply Company of Lubbock, TX 1 $109,136.00
Scott Tractor & Equipment Company of Lubbock, TX I $116,983.65
The low bids are within the Capital Outlay -Heavy Moveable Equipment
budget.
(36.) This item was deleted.
(37.) BID #057-01/RS —Fiber Optic Cable Installation -Annual Pricing
(Electric Distribution).
This bid establishes annual pricing for a new contract that will provide
for all necessary equipment, tools, safety signage and labor for the
installation of All Dielectric Self Supporting (ADSS) fiber optic cable in
the LP&L franchise area. The labor includes the pulling, sagging and
tensioning of ADSS cable and the installation of tangent supports and
dead ends. This year, the LP&L Engineering Department is planning to
install up to 4.16 miles of ADSS cable from Vicksburg Substation to
Southwest Substation to Chalker Substation. The cable will be installed
in the secondary portions of our LP&L lines. This bid may be extended
for up to two additional years in one-year increments upon mutual
agreement between the City and the contractor under the same terms and
conditions.
The low bid is $66,658 per year from Asplundh Tree Expert Company -
Construction Division of Conyerse, Georgia and is within the System
Capital Outlay -Fiber Optic Communications budget.
(38.) Resolution No. 2001-110160; Resolution No. 2001-R0161/BID #071-
01/RS Track Mounted Asphalt Paving Machine (Fleet Services) and
authorize same.
Resolution No. 2001-RO160 was voided.
RESOLUTION NO. 2001-RO161
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
#071-01/RS for a track mounted asphalt paving machine, by and between the City of
Lubbock and West Texas Cat 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
April 26, 2001
Page 291
Passed by the City Council this 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0161.
This bid is for the purchase of one track -mounted asphalt paving machine
for the Streets Department. Option #1 on the tabsheet is for a used
track -mounted asphalt paving machine with approximately 200 hours of
usage. Staff recommended purchase of the used machine instead of
purchase of the new machine (tabsheet item #1).
The low bid is $46,255 from West Texas Caterpillar of Lubbock, Texas
and is within the Capital Outlay -Streets Equipment budget.
(39.) Resolution No. 2001-R0162/BID #074-01/RS — City of Lubbock
Municipal Court Renovations (Facilities Management) and authorize
same.
RESOLUTION NO. 2001-RO162
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 #074-
01/RS for City of Lubbock Municipal Court renovations, by and between the City of
Lubbock and Saunders Construction Company 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 26th day of April, 2001.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
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April 26, 2001
Page 292
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 No. 2001-R0162.
This project involves the renovation of the Municipal Court area at the
Municipal Square Building. The project includes renovating the second
floor of the Municipal Court area, a new courtroom, new restroom
facilities, foyer renovations and elevator shaft construction.
The low bid is $321,361 from Saunders Construction Company of
Lubbock, Texas and is within the Building Capital Outlay -Municipal
Court Renovations Budget.
(40.) Resolution No. 2001-R0163/BID #077-01/RS --City of Lubbock Parks
Department Storage Facility Roof Renovations (Facilities
Management) and authorize same.
RESOLUTION NO. 2001-RO163
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 Department
o e the artment storage facility Contract
b y and betwe77-
en--
01/RS for a City of Lubbock Parks p
the City of Lubbock and Hamilton Roofing Company of Lubbock, Texas, and related
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 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0163.
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April 26, 2001
Page 293
This project involves roof renovations, water seal, and painting exterior
surfaces of the old City Auto Building located at 702 East Broadway that
is currently being used by the Parks Department as a storage facility.
The low bid is $64,000 from Hamilton Roofing Company of Lubbock,
Texas and is within the Building Capital Outlay -Parks Building
Renovation budget.
(41.) Resolution No. 2001-R0164/BID #079-01/LR —Chapel Hill Paving
Project (Street Drainage Engineering) and authorize same.
RESOLUTION NO. 2001-RO164
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 #079-
01/LR for the Chapel Hill paving project, by and between the City of Lubbock and
Lone Star Dirt & Paving 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 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0163.
This project will curb and gutter pave four blocks in the Chapel Hill
area. This is the latest in a series of paving projects by Community
Development (CD) in different CD specific areas. All of the blocks to
be paved are currently dirt surface and have residences that either front-
on or side -on the street. In a previous phase, staff paved one block on
East Bates Street and one block on East 3`d Street. This phase will be
tying into and draining onto the block of East 3" Street. The Chapel Hill
area has less than half of its streets paved (either strip or curb and
guttered). Of the streets that are unpaved, most of the adjacent lots have
no buildings. There has been some relocation of above ground obstacles
before bidding. When the project is completed, the street users will have
all-weather access. There will be a better quality of life for those
affected by this project. Also, the drainage will be greatly improved. In
addition to the items relative to building the streets, there are items
included to remove and replace homeowner's fences that are out in the
right-of-way and will need to be moved out of the way of the paving.
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April 26, 2001
Page 294
The low bid is $ 143,790 from Lone Star Dirt and Paving of Lubbock,
Texas and is within the Community Development Block Grant budget.
(42.) Resolution No. 2001-R0165/BID #080-01/RS —City of Lubbock
Municipal Auditorium ACM Abatement (Civic Center) and authorize
same.
RESOLUTION NO. 2001-R0165
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 #080-
OURS for City of Lubbock Municipal Auditorium ACM abatement, by and between the
City of Lubbock and Asbestos Removal, Inc. of Odessa, 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 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0165.
This project involves the abatement of asbestos containing ceiling
material before the installation of a fire sprinkler system at the Lubbock
Municipal Auditorium. The project will also provide for the application
of a new acoustical treatment on the main ceiling area of the Auditorium.
Over the past couple of years the facility has experienced damage to the
ceiling plaster due to water leaks, sound vibration and improper access to
the attic space.
The low bid is $260,897 from Asbestos Removal, Inc. of Odessa, Texas
and is within the Building Capital Outlay -Auditorium ACM Abatement
budget.
(43.) Resolution No. 2001-R0166/BID #085-01/RS — Summer Lunch
Program (Civic Services) and authorize same.
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Regular City Council Meeting
April 26, 2001
Page 295
RESOLUTION NO. 2001-RO166
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 #085-
01/RS for a summer lunch program, by and between the City of Lubbock and
Breedlove Dehydrated Foods 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 26th day of April, 2001.
/s/ TY COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0166.
This bid is for the Summer Lunch Program that is offered in conjunction
with the Summer Satellite Program offered by the Parks and Recreation
Department through Community Development funding. The Summer
Lunch program provides a service for the community by providing a
nutritious meal for children who would normally participate in a meal
program at their school or for those children whose parents are unable to
prepare a meal for the children.
The City of Lubbock has participated in the Summer Food Program for
the past 10 years with positive results. The program
provides
nutritional noon meal for children ages one through 18 each weekday
beginning May 29 and ending on August 10, 2001. Any child can
participate in the Summer Food Program and receive a free meal at
Trejo, Mae Simmons, and Rawlings Community Centers. Staff project
to serve over 41,280 lunches this summer with the inclusion of seven
Lubbock Independent School District summer school locations.
Both direct and indirect costs for the Summer Food Program are
reimbursed through a grant from the Department of Human Services.
Direct costs include the contract with the food vendor, consumable
supplies, and salaries for food service personnel estimated to be
$92,054.44. The maximum reimbursable rate is $2.23 per meal.
Indirect costs include program administration, personnel training, and
supplies estimated to be $7,946.40.
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Regular City Council Meeting
April 26, 2001
Page 296
The low bid is $92,054.40 from The South Plains Food Bank/Breedlove
Dehydrated of Lubbock, Texas and is within the grant budget.
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.
PUBLIC HEARINGS
ZONING
(44.) Ordinance No. 2001-00031/ZONE CASE NO. 1632-B (5202 50`b
Street): Hold a public hearing to consider request of Rodney Warren
(for South Plains Sonic Management Inc.) for a zoning change from
C-3 to C-4 limited to a drive-in restaurant and all unconditionally
permitted C-3 uses on a tract of land out of Lot C, Richland Hills
Addition, and to consider ordinance.
ORDINANCE NO. 2001-00031
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 1632-B; A ZONING CHANGE
FROM C-3 TO C-4 ZONING ON A TRACT OF LAND OUT OF LOT C,
RICHLAND HILLS ADDITION: LUBBOCK,P VIPROVIDING TEXAS;
SAVINGSPROVIDING
CLAUSEPENALTY;
AND
SUBJECT TO CONDITIONS,
PROVIDING FOR PUBLICATION.
Mayor Pro Tem Cooke opened the public hearing at 11:06 a.m. Rodney
Warren appeared on behalf of South Plains Sonic Management, Inc.
Randy Henson appeared on behalf ad in
opposition. Mayor Pro Tern Cooke closed the hearing at 11:06.m
The request is for C-4 because of the drive-in nature of this restaurant.
The fast food competitors that offer inside dining and accessory drive
through could build on the site with no zone change. Adjacent land uses:
North --commercial
South —commercial
East —commercial
West —commercial
The proposal is reasonably compatible neth the Comprehensive C-4 use and unconditionally
0 y
Use Plan since the request is limited to
request is consistent with zoning
permitted C-3 uses. In addition, the
west
policies. The draft site plan indicates
apartments. reThe developer ofthe
Sonic
side, adjacent to the area zoned for
in Lubbock has a good track record for the drive-in establishments.
The proposal should have no negative effect on the thoroughfare system.
The Planning and Zoning Commission recommends approval of this
request subject to the following condition:
C-4 limited to a drive-in restaurant and all unconditionally permitted C-3
uses.
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Regular City Council Meeting
April 26, 2001
Page 297
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 2001-
00031 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(45.) Ordinance No. 2001-00032/ZONE CASE NO. 2834-A (northwest
corner of 98`h Street and Avenue U): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for Craft
Development Corporation) for a zoning change from R-1 Specific
Use to R-2 Specific Use for reduced front setbacks on an unplatted
22.6 acre tract of land out of Section 9, Block E, and to consider
ordinance.
ORDINANCE NO. 2001-00032
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2834-A; A ZONING CHANGE
FROM R-1 SPECIFIC USE TO R-2 SPECIFIC USE ZONING FOR REDUCED
FRONT SETBACKS ON AN UNPLATTED 22.6 ACRE TRACT OF LAND OUT
OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Pro Tem Cooke opened the public hearing at 11:10 a.m. Bernie
Gradel, Hugo Reed and Associates, appeared on behalf of Craft
Development Corporation. No one appeared in opposition. Mayor Pro
Tem Cooke closed the hearing at 11:12 a.m.
The request was amended by the proponent during the hearing. The
twenty -foot setback provision for the single-family (R-1) area has already
been processed. The remaining request is for R-2 on a block face on the
east side of the subdivision, facing Avenue U at 82°d Street. The
Specific Use Permit would allow a twenty -foot setback.
Adjacent land use is residential in all directions.
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policy.
The project should have no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition:
Front setback shall be a minimum of 20 feet.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 2001-
00032 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(46.) Ordinance No. 2001-00033/ZONE CASE NO. 1429-I (2310 70`h
Street): Hold a public hearing to consider request of Burl W.
Masters (for Benny Judah) for a zoning change from C-4 to A-1 on
the north 220 feet of Tract H, South University Addition, and to
consider ordinance.
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Regular City Council Meeting
April 26, 2001
Page 298
ORDINANCE NO. 2001-00033
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 1429-I; A ZONING CHANGE
FROM C-4 TO A-1 ZONING ON THE NORTH 220 FEET OF TRACT H, SOUTH
UNIVERSITY ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:12 a.m. Burl Masters
appeared on behalf of Benny Judah. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:13 a.m.
During the 1970's, a zone case was filed which did not include all of
Tract H. During the following years an apartment complex was
constructed on all of Tract H. A recent examination of the property
history for refinancing discovered the incorrect zoning and this case is
the result. Adjacent land uses:
North —commercial
South --apartment
East —City park
West --commercial
The request, as a "clean-up" case, is consistent with both the
Comprehensive Land Use Plan and zoning policy.
The request has no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2001-
00033 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(47.) Ordinance No. 2001-00034/ZONE CASE NO. 2911 (east of Slide
Road and north of 1101' Street): Hold a public hearing to consider
request of Bradley M. Pettiet (for Bacon Heights Baptist Church) for
a zoning change from T to A-2 (limited to a church and church
related uses) on an unplatted 32.714 acre tract of land out of the
south half of Section 16, Block E-2, and to consider ordinance.
ORDINANCE NO. 2001-00034
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2911; A ZONING CHANGE FROM
T TO A-2 ZONING ON AN UNPLATTED 32.714 ACRE TRACT OF LAND OUT
OF THE SOUTH HALF OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:13 a.m. Bradley M.
Pettiet and Dr. Charles Murray, pastor of Bacon Heights appeared on
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Regular City Council Meeting
April 26, 2001
Page 299
behalf of Bacon Heights Baptist Church. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:15 a.m.
The church is in negotiation for the tract of land where the former
Treasure Island golf facility was located. Adjacent land uses:
North —residential
South —vacant
East —residential and vacant
West —vacant and nonconforming commercial
The proposal fits the policy within the Comprehensive Land Use Plan
that churches should be located on the edges of neighborhoods, adjacent
to thoroughfares. A vacant parcel adjacent to Slide Road is on the west
of the parcel. The owner of that parcel had questions about streets to the
church and screening fencing. The questions were answered to the
satisfaction of the adjacent owner.
The proposed zoning is compatible with zoning policies. The proposed
church use will fit well for a facility that can utilize the building and
allow room for future growth, contrary to the current location of Bacon
Heights.
The use of the property as church and church related should not have a
negative effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of the
request subject to the following condition:
A-2 limited to church and church related uses.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2001-
00034 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(48.) Ordinance No. 2001-00035/ZONE CASE NO. 2828-B (south of 1051h
Street and east of Vicksburg Avenue): Hold a public hearing to
consider request of Bernie Gradel, Jr. with Hugo Reed and
Associates, Inc. (for Lubbock Land Company) for a zoning change
from R-1 Specific Use for a reduced front setback to R-1 Specific Use
for Garden Homes on an unplatted 1.102 acre portion of land out of
Section 16, Block E-2, and to consider ordinance.
ORDINANCE NO. 2001-00035
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2828-13; A ZONING CHANGE
FROM R-1 SPECIFIC USE FOR A REDUCED FRONT SETBACK TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON AN UNPLATTED 1.102
ACRE PORTION OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Pro Tern Cooke opened the public hearing at 11:16 a.m. Bernie
Gradel, Hugo Reed and Associates, Inc. appeared on behalf of Lubbock
Land Company. No one appeared in opposition. Mayor Sitton closed
the hearing at 11:18 a.m.
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April 26, 2001
Page 300
The property is currently zoned for single-family with a 20-foot front
setback. The proposal is to rezone the block face for garden homes.
Several garden home zone cases exist to the north along Vicksburg. The
developer is using the garden home with rear entry to face Vicksburg,
which acts as a sub -collector in this subdivision.
Adjacent land uses are residential zoning in all directions.
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policies.
The project will have no negative effect on the thoroughfare system
The Planning and Zoning Commission recommended approval of this
request.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 2001-
00035 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(49.) Ordinance No. 2001-00036/ZONE CASE NO. 2716-A (#34
Briercroft Office Park): Hold a public hearing to consider request of
Jeff Burnett (for Faith Christian Family Church) for a zoning change
from R-3 Specific Use for professional offices to C-2A limited to
church and church related uses, and all unconditionally permitted
Garden Office uses on Lot 24, Briercroft Office Park Addition, and
to consider ordinance.
Mayor Pro Tem Cooke opened the public hearing at 11:18 a.m. No one
appeared on behalf of Faith Christian Family Church. No one appeared
in opposition. Mayor Pro Tem Cooke closed the hearing at 11:20 a.m.
The Briercroft Office Park was zoned in the 1960's as "R-3 Specific Use
for professional offices." Since the original zone case, several changes
have occurred in the interior of the office park to accommodate some
non -office businesses that do not detract from the office park
environment. Such is the case for this church. The small congregation
will meet in an existing building.
Adjacent land uses: offices in all directions.
The proposal is consistent with the Comprehensive Land Use Plan.
Regarding zoning policy, the case is filed as C-2A, which is the first
district where a church is listed that we can also add the permitted uses
in the Garden Office District. Thus, the request accommodates the
church need and maintains the current restriction of office use for the
future.
One adjacent owner submitted a letter expressing concern about "non -
office" use setting a precedent. Each zone case is considered on its own
merit. He did not really have a problem with a church. His second
concern that parking for a church is not addressed by the zoning code is
not true. The code requires one space per four seats in the church. In
this case the current congregation is fifty persons, resulting in a
requirement of thirteen spaces. The building is 5,470 square feet, and
the parking requirement for a new office building would be twenty-
seven. The owner reports twenty-six parking spaces on the property,
which is nonconforming for an office. As a comparison the church
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Regular City Council Meeting
April 26, 2001
Page 301
requirement for the number of members results in less spaces than an
office in the same building.
The proposal will have no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition:
Limited to church and church related uses as well as permitted Garden
Office uses.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 2001-
00036 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
BOARD APPOINTMENTS
(50). This item was deleted.
11:22 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION
12:06 A.M COUNCIL RECONVENED.
12:06.P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
McDougal adjourned the meeting.
Read and approved this D day of t.
J
/s/ Windy Sitton
WINDY SITTON, MAYOR
ATTEST:
.d - Lt
ARebe a Garza, City Secretary
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