HomeMy WebLinkAboutMinutes - City Council - Regular - 6/26/2001REGULAR CITY COUNCIL MEETING
JUNE 26, 2001
11:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 26`b
day of June, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 11:30 A. M.
11:35 A. M. CITY COUNCIL CONVENED, City Council Chambers, 1625 13th
Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Victor Hernandez, Councilmember Marc
McDougal, Councilmember Frank Morrison, Councilmember David
Nelson, and Councilmember T.J. Patterson
Absent: There was no one absent.
CITIZEN COMMENTS
( 1.) Antonio Alegria appeared to discuss the City of Lubbock's proposed
purchase of property on Regis Street for greenbelt/park purposes.
There are two resolutions on this agenda to make offers to several
property owners along Regis Street to acquire their properties for a
greenbelt/park. Antonio Alegria, one of the property owners, spoke
concerning the City's proposed purchase of property on Regis Street for
greenbelt/park purposes. Mr. Alegria opposes the selling of these
properties and does not wish to move to another location. He stated
many of the families have lived there 40 - 50 years and would be losing
their lifelong homes causing great inconvenience. Ed Bucy is the staff
contact for this item.
Councilmember Hernandez requested that Items Nos. 22 and 23 be
pulled from the Consent Agenda.
(2.) Isabel Luna appeared to discuss the City of Lubbock's amendment to
Subsection 27-182(a) of the Code of Ordinances pertaining to the
awarding of tow truck contracts.
Isabel Luna, owner of Burrito Sabroso Restaurant, addressed the City
Council regarding the amendment to the Code of Ordinances regarding
the awarding of tow truck contracts for the Lubbock Police Department,
which is posted on today's agenda. Mr. Luna thought the present
contract is ridiculous. One, Class 2 charges seems to be left wide open
for fees. He suggested that Council put guidelines on this ordinance.
He produced two envelopes of invoices.
He is opposed to Lubbock Wrecker charging whatever they choose to
do. Councilmember Patterson requested that the Council sit down with
Mr. Luna at a later time to discuss this matter. Councilmember Ty
Cooke agreed. City Manager Bob Cass stated that this matter was Nos.
19 and 44 on the Consent Agenda and would be addressed then.
(2A.) Alex Clopton, 5626 90h Street, President of the Preston Smith
Neighborhood Association appeared to present a petition with 1,715
citizens signatures for immediate completion of Frankford Avenue
between 82°d Street and 98" Street.
Ms. Clopton stated everything is in place for this matter to be concluded.
Councilmember McDougal asked what time frame was involved as he is
meeting with this group. City Manager Bob Cass has instructed staff to
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June 26, 2001
Page 448
negotiate a contract with an engineering firm. Earliest to act on this
contract would be next Council meeting or whenever ready.
Other citizens were given a two minute time limit each for comments.
They are as follows:
William "Bill" Doorman, 9102 York, Lubbock was concerned that Fore
Star Golf would make Lakeridge Golf Club a public golf course
depreciating the neighborhood property value. Tommy Gonzales,
Assistant City Manager, assured him this was untrue.
Also addressing the Council was Ted Averitt, President of the Lakeridge
Neighborhood Association concerning keeping the property beautiful.
Mr. Gonzales will approach Steve Yonke to visit the Neighborhood
Association.
Amit Bushan thanked the Council for passing the first reading of the
ordinance on June 14, 2001.
Helen Ladd spoke in favor of the smoking ordinance.
Bill Utley spoke against the smoking ordinance.
Juanita Christensen also spoke in favor of the smoking ordinance.
Meridith McAlister, ex medical reporter for Channel 28 spoke in favor
of ordinance and suggested that we educate ourselves.
Loyd Turner, local restauranteer, passed out `Annotated Version of the
New Lubbock Smoking Ordinance' and started to address the Council
about the ordinance.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson that Mr. Turner could address the Council at this
time concerning Agenda Item #48 (Smoking Ordinance). Motion carried:
7 Yeas, 0 Nays.
Mr. Turner requested that Council further define "fast food" as
restaurants not serving alcoholic beverages, so that restaurants that have
stand-up service serving liquor have the same rights as full service
restaurants. He also discussed existing bingo halls and bowling alleys.
Also addressing the Council was Ted Averitt, President of the Lakeridge
Neighborhood Association concerning keeping the property beautiful.
Tommy Gonzales will approach Steve Yonke to visit the Neighborhood
Association.
Councilmember Hernandez requested a timeline for smoking ordinance.
After discussion, Council determined that Item #48 would be heard at
3:00 P.M.
EXECUTIVE SESSION
Mayor Sitton stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City 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).
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12:10 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 4.) 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).
( 5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Fire Department).
( 6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Appointments Advisory Board
Board of Electrical Examiners
Citizens Traffic Commission
Electric Utility Board
Library Board
Permit and License Appeal Board
Planning and Zoning Commission
Urban Design/Historic Preservation Commission
Youth Commission -Adults
( 7•) 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; Fire Department; Right -of -Way
Department).
1:40 P. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
(8.) Update on the recently completed 77`b Texas Legislature, and the
City's federal legislation currently pending in Washington DC. Tony
Privett, Director of Communications & Legislation (15 minutes)
Council received an update of the legislation the City passed as well as
the impact to municipalities of other legislation passed in Austin.
Council was also updated on the status of our federal legislative package.
No action was required.
2:19 P. M. WORK SESSION RECESSED
2:35 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Victor Hernandez, Councilmember Marc
McDougal, Councilmember Frank Morrison, Councilmember David
Nelson, Councilmember T.J. Patterson, Bob Cass, City Manager;
Anita Burgess, City Attorney; and Rebecca Garza, City Secretary
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Absent: No one was absent.
Mayor Sitton called the meeting to order at 2:35 P. M.
( 9.) Invocation by Dr. Shera Atkinson, Pastor of Agape United Methodist
Church.
(10.) Pledge of Allegiance to the Flag.
BOARD APPOINTMENTS RECOGNITION
Board of Electrical Examiners
Receiving: Robert Bullock
Culture and Arts Commission
Receiving: Katie Parks
Carol McWhorter
Keep Lubbock Beautiful Advisory Committee
Receiving: Craig Wells (unable to attend)
Permit and License Appeal Board
Receiving: Les Brown
Public Transit Advisory Board
Receiving: Linda Gaither
CITIZENS APPEARANCES
(11.) Presentation of a special recognition to Living Vine Worship Center
and Divine Love Baptist Church commemorating August 5, 2001, as
Project B.L.A.S.T. Day.
Loving Vine Worship Center and Divine Love Baptist Church started a
tradition two years ago by joining forces for a community picnic at
Joyland Amusement Park. These churches have different cultural and
ethnic backgrounds, and both churches found this experience to be
beneficial. They have built on this initial success by inviting more
churches to participate in what is now called Project B.L.A.S.T. The
purpose of this project is to encourage, develop and promote equality,
acceptance and collaboration across demographic and cultural groups in
Lubbock's Christian community. This year's event will be on August 5,
2001, from 7:00-10:00 p.m. at Joyland Amusement Park. Families from
area churches will picnic together at the Pavilion and join in the fun at
the amusement park. Sale of Project B.L.A.S.T. t-shirts will pay for
children and teens to enter Joyland so that cost is not a factor for
attending the event.
A special recognition was presented to Living Vine Worship Center and
Divine Love Baptist Church commemorating August 5, 2001 as Project
B.L.A.S.T. Day.
Van Patterson, Senior Pastor for Living Vine Worship Center, and
Kenneth Burns, Pastor of Divine Love Baptist Church, accepted the
special recognition. Royce Jiminez, Pastor of Light of the World
Christian Center and Gary Kertsie were also acknowledged.
(12.) Presentation of a special recognition to the Lubbock Salvation Army
Men's Fellowship Club to recognize their selection as Texas Club of
the Year.
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The Salvation Army Men's Fellowship Club is a service organization
made up of approximately 25 men who belong to the Salvation Army
Church. These compassionate men assist the Salvation Army with
Christmas outreach, maintenance and repair of Salvation Army facilities,
and coordinate fund raising projects that support youth projects and local
and international missions. For the second consecutive year, they have
been selected as the Men's Fellowship Club of the Year by the state
headquarters. In addition, they were also recognized as the Territorial
Men's Club of the Year in their region based out of Atlanta, Georgia.
A presentation of a special recognition was accepted by Major Mark
Satterlee, Salvation Army, and Bill Miller, President of the Men's
Fellowship Club. Members of the club were present for a photograph.
(13.) Presentation of a special recognition to Miss Jamie Bradley to
recognize her selection for the Congressional Gold Award.
On Wednesday, June 20, 2001 at 10:00 a.m. in the Capitol Building in
Washington D.C., Miss Jamie Bradley of District 19, Lubbock, was
awarded the Congressional Gold Award. Through the Congressional
Award, U.S. Congress challenged young Americans in four different
areas: volunteer public service, physical fitness, personal development,
expedition/exploration activities. Exceeding each of her goals, Jamie has
proven to be a bright star for the Lone Star State. She is one of two
recipients to receive the award from Texas.
Her volunteer public service, "Operation Christmas Child", saw her
collecting over 4,000 shoeboxes and getting donations of small toys and
personal items to fill them. She then worked with a local store to have
the boxes shipped to children in countries where help was needed. In
addition, she headed up the publicity and coordination of volunteers for
the local Food Bank in the "You Can Share" food drive helping to collect
over 1,000,000 pounds of food.
For her expedition, she spent a week with a mule train in the Grand
Canyon documenting the habits, dances and culture of the Navajo
Indians and other tribes of the area. With a goal of 800 hours, Jamie
logged over 1,200 hours to complete her project. As you can tell, this is
an extraordinary young woman.
In the area of physical fitness, Jamie set as a goal to walk 5 miles a day.
This has become a favorite pastime for her that she honors even today.
For personal development, Jamie works at the Texas Tech Health
Sciences Center in the Dean's office as an assistant, in addition to
working a part-time job at Abercrombie -Fitch in the Mall.
Jamie is the daughter of Ken and Jimmie Bradley. She is a junior at
Texas Tech University majoring in Technical Communications. She
hopes to some day work in the law, medical or political arena after she
completes her Master's Degree. Jamie's passion is helping others and
she plans to continue to volunteer at the South Plains Food Bank, the
Angel Library, the American Cancer Society and the Children's Miracle
Telethon.
A special recognition was presented to Miss Jamie Bradley to recognize
her selection for the Congressional Gold Award. Bob Della,
Congressional Councilman for District 19, stated this was the highest
award presented with the exception of the Congressional Medal of Honor
and that only 900 had been received it since 1978.
Next item to be considered was Item No. 15.
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(14.) Presentation of a special recognition to the Community Development
Department recognizing their success in winning the National
Community Development Association John A. Sasso National
Community Development Week Award, for its efforts in promoting
the City's CDBG programs during the National Community
Development Week.
This year the National Community Development Association (NCDA)
conducted the first National Community Development Week Awards
competition. This competition was held to bring special recognition to
those members that go the extra mile in celebrating National Community —
Development Week and the achievements made in their communities
using their HUD dollars. The awards are named after the NCDA
founder, John Sasso.
Lubbock was one of six cities to be recognized with this award from
across the nation.
Nancy Haney and the Community Development staff accepted the award.
Next item to be considered was Item No. 16.
(15.) Presentation of two awards from the Texas City Management
Association (TCMA) by Deputy City Manager Debra B. Forte',
TCMA Director -at -Large, to Mayor Windy Sitton, City Manager
Bob Cass, Director of Information Technology Sharlett Chowning
and Purchasing Manager Victor Kilman.
The Texas City Management Association (TCMA) is an affiliate of the
Texas Municipal League and consists of 10 regions across the state. The
TCMA Board and membership believe it is important to recognize our
members for innovative and successful programs implemented in cities
all across Texas. This year the City of Lubbock submitted two entries.
The first program submitted is entitled E-bid this! Where the Rubber
meets the Road (Metal meets the Rail) for the Innovation in Local
Government category of the Professional Annual Awards Program. The
entry described the Purchasing Department's use of E-mail to expedite
the bid procedures for the Railroad Relocation Project associated with
the Marsha Sharp Freeway.
The second program submitted and awarded was the First Place Web site
Development by Outsourcing population 50,000 and over. The entry
included the five-year history of the City of Lubbock web site.
Highlights include: 1) Departments update and manage their own web
pages; 2) Transactions can be made online for purchasing event tickets;
3) Library catalog can be viewed; 4) Applications for city employment
can be filed; and 5) Parking ticket fines can be paid to municipal court.
These are just a few of the many examples of how providing the best
technology to City of Lubbock staff increases efficiency and
effectiveness.
The awards were accepted by Mayor Sitton, City Manager Cass,
Purchasing Agent Victor Kilman and Director of Information
Technology Sharlett Chowning..
(16.) Presentation of incentive awards -the April and May Legendary
Service Star Awards and one Cost Savings Suggestion Award.
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The April Legendary Service Star Award for exemplary customer
service was presented to Dr. Sandy Fortenberry, Organizational
Development Coordinator. Nominations came from letters from
Christopher Coke, American State Bank, and Eduardo Estrada, both
2001 graduates of the City of Lubbock Citizens University. CLCU is a
program developed by Dr. Fortenberry to increase citizens' awareness of
the City mission, functions and operations. Twenty-eight individuals
participated in the inaugural class.
City Manager Bob Cass presented the award to Dr. Fortenberry.
The May Legendary Service Star Award was presented to David
Buckberry, Planning and Mark Forzono, Water Engineering. These
employees were nominated by Tony Privett for exemplary customer
service in preparing graphics from redistricting maps and state water
maps for use in legislative lobbying efforts.
The Cost Savings Suggestion program awards employees who find
innovative ways to save the City money, avoid costs or improve
productivity. Ten percent of verified, first -year savings or a cash award
for productivity improvement without verified savings is paid to
employees. Although the suggestion submitted by Larry Thurne and
Craig Denny from the Parks Department did not result in eligible,
verifiable savings, they earn a $50 "good idea" incentive for initiating
and seeking out cost -avoidance measures. Through their efforts,
Santaland received replacements for the Gingerbread House and Santa's
House from Joe Stettheimer of Heritage Homes, valued at $16,000.
City Manager Bob Cass presented the awards to Dr. Sandy Fortenberry,
David Buckberry, Mark Forzono, Larry Thurne and Craig Denny.
TOP TEN LIST
Councilmember David Nelson gave his Top Ten List of Positive Things
About Lubbock.
No. 10 is Links to the World. The phrase, "Lubbock is not on the way
to anywhere", is about to be ancient history. As our international airport
expands and more bus services travel through Lubbock, we also look
forward to being a link in the Ports -to -Plains roadway running from
Canada to Mexico. In addition, the "Hub City" is being considered as a
railway stop for AMTRAK, which would further boost our economy and
tourism.
No. 9 is United Effort. Congratulations to the Lubbock Housing
Authority, which has received the National Association of Housing &
Redevelopment Officials Merit Award for its Early Headstart Program.
As a cooperative effort between Texas Tech and the Housing Authority,
this particular program maximizes learning opportunities for low to
moderate income families. Early Headstart goes beyond the national
Headstart guidelines by educating parents, teaching children from birth
to age 3, and providing in -home teaching services.
No. 8 is Buffalo Springs Lake Triathlon. With 1,347 athletes from 48
states and 17 foreign countries, last Sunday's Ironman Half Triathlon
was a huge international tourist event for Lubbock. Triathlon experts
from across the nation and the world agree the Buffalo Springs Lake
Triathlon is the best, and one of the most demanding qualifying events
for the Kona, Hawaii Ironman Triathlon because of its variations in
terrain and topography, and the great weather. Congratulations to Mike
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and Marti Greer for putting on a fantastic event for Lubbock for the 12th
year.
No. 7 is Battling Black Mold. Dr. David Straus of the Texas Tech
Health Sciences Center and his team of researchers have discovered a
possible solution to this modern day plague which has literally "hit close
to home." Inquiries are being made from across the nation about their
research findings that may prevent this dangerous condition from
invading homes and occupants.
No. 6 is Oasis Spots. Summer is a great time to enjoy the scenery right
here in Lubbock. Within our city limits are 68 parks. Many of these
parks are equipped with picnic tables, playgrounds, volleyball, tennis,
and basketball courts, running tracks, parry houses, community centers,
swimming and wading pools, outdoor grills, and baseball fields, as well
as our beautiful playa lakes. In addition, Lubbock boasts 7 golf courses,
2 tennis centers, and 19 other sports facilities. Enjoy the great outdoors
right here in Lubbock!
No. 5 is Clean Lubbock. The Clean Lubbock Committee is urging local
businesses to do their part to make living in and visiting Lubbock
pleasing to the eye. As our city looks forward to hosting the world -
acclaimed Vatican icons next year, the committee wants everyone to
exhibit city pride by maintaining clean and nicely landscaped businesses.
No. 4 is Keeping the Faith. It is a time of joy when anyone or anything
reaches a milestone in time. Our city was founded by people of many
faiths who established the beautiful churches we see in our
neighborhoods. Many are celebrating anniversaries this year. These
include the congregations of Community Christian (15 years), Redbud
Baptist (20 years), Highland Baptist (50 years), and First Christian,
which will celebrate 100 years of service on August 26, and which began
with 16 members who met in the Lubbock County Courthouse in 1901.
No. 3 is Y'all Come! It's Lubbock's way of saying "Happy Birthday,
U.S.A.", and boy, do we pull out all the stops! Come on down to "4th
on Broadway" this 4th of July and be a part of this great all -day,
citywide extravaganza. It's a wonderful way to strengthen community
spirit and have fun at the same time.
No. 2 is Emergency Response. As our city grows, we still maintain the
caring concern of a small town. This is more than evident in the
hundreds of people who come to the aid of citizens in distress. Police
officers, 911 dispatchers, firefighters, ambulance drivers, hospital
employees in our emergency rooms, and other emergency teams do their
best to reach out with compassion to those in emergency situations. May
they never lose that caring spirit.
No. 1 is Star Quality. Congratulations to State Senator Robert Duncan
of Lubbock who was named by "Texas Monthly" magazine as one of the
best legislators of the 2001 session. In addition to passing the "Kids
Aren't Cargo" bill proposed by Lubbock School Board member Karen
Slay, Senator Duncan influenced legislation on higher education,
criminal justice, worker's comp, Medicaid, nursing homes, tort reform,
and agriculture.
CONSENT AGENDA (Items Nos. 17— 47)
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to approve Items 17-18, 20-21, 24-29, 31, 33-
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38, 39-43, 45-47 on consent agenda as recommended by staff. Motion
carried: 7 Yeas, 0 Nays.
(17.) Ordinance #2001-00019 - Abandoning and closing three sanitary
sewer line easements located in Section 5, Block E-2, Lubbock
County, Texas (5225 20`b Street) (second and final reading)
ORDINANCE NO. 2001-00019
AN ORDINANCE ABANDONING AND CLOSING THREE SANITARY SEWER
LINE EASEMENTS LOCATED IN SECTION FIVE (5), 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
PUBLICATION.
(18.) Ordinance No. 2001-0044 amending Chapter 28 of the Code of
Ordinances, City of Lubbock, Texas, by amending Sections 28-24
and 28-57 of the Code of Ordinances, City of Lubbock, Texas, by
amending the payment deadline for water bills, providing for interest
on overdue bills and increasing the reconnection charge for accounts
disconnected for failure to pay for water service; providing a savings
clause and providing for publication (second and final reading).
ORDINANCE NO.2001-00044
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS 28-24
AND 28-57 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY
AMENDING THE PAYMENT DEADLINE FOR WATER BILLS, PROVIDING
FOR INTEREST ON OVERDUE BILLS AND INCREASING THE
RECONNECTION CHARGE FOR ACCOUNTS DISCONNECTED FOR FAILURE
TO PAY FOR WATER SERVICE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
The next item considered was Item No. 20.
(19.) Ordinance No. 2001-00045 amending Subsection 27-182(a) of the
Code of Ordinances of the City of Lubbock so as to allow contracts
with one or more tow truck businesses to perform non -consent tows
on behalf of the police department to be awarded on the basis of
competitive bids or competitive proposals (second and final reading).
ORDINANCE NO.2001-00045
AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY OF LUBBOCK CODE
OF ORDINANCES, PERTAINING TO TOW TRUCK SERVICES; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
City Manager Bob Cass explained that this was simply an award of a bid
which gives the police department authority to call this particular vendor
when there is a wreck on a public street (Class 1 accident - small
vehicles, automobile, pickup, etc.)
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to pass on the second and final reading of
Ordinance No. 2001-00045. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 22.
(20.) Ordinance No. 2001-00047 abandoning and closing a portion of 68"
Street adjacent to the South Plains Church of Christ Addition to the
City of Lubbock (6802 Elkhart) (first reading).
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ORDINANCE NO. 2001-00047
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 68TH
STREET LOCATED IN SECTION 27, 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 PUBLICATION.
This ordinance abandons and closes the south half of 68`' Street between
Elkhart Avenue and Elmwood Avenue. This street area is being closed
for replat purposes by the South Plains Church of Christ. The area being
closed will revert to a drainage easement and since the church was the
original dedicator of this street area, they will not be charged for the
closure costs.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
(21.) Ordinance No. 2001-00048 abandoning and closing a 15-foot alley
located in Blocks 2 and 3 Suburban Homes Addition to the City of
Lubbock (806 50" Street) (first reading).
ORDINANCE NO. 2001-00048
AN ORDINANCE ABANDONING AND CLOSING A 15 FOOT ALLEY
LOCATED IN BLOCK 2 & 3 SUBURBAN HOMES ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This alley closure ordinance abandons and closes an "L" shaped alley
just north of 50' Street and west of Avenue G for Hub City Body
Works. Hub City is replatting several lots into one large lot to be named
Tract "A" Hub City Body Works. This 15-foot alley area being closed
contains 8,790.20 square feet and will remain as a utility easement.
Since Hub City was not the original dedicator of this alley, they will be
charged for it. This alley was appraised at $0.50 per square foot from
adjacent land values for a cost of $4,395.10. Since it will remain as a
utility easement, there will be a 50 % adjustment for an amount due the
City of $2,197.55.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
The next item considered was Item No. 24.
(22.) Resolution No. 2001-RO273 authorizing the Right -of -Way
Department to make offers to 21 property owners for 14 parcels of
property needed for the Regis Street Greenbelt Park Project (south
side of East Regis Street, I-27 eastward to Martin Luther King, Jr.
Boulevard), and to proceed with condemnation if necessary.
RESOLUTION NO. 2001-RO273
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 the Regis Street
Green Belt Park Project, and the City Council of said City finds it in the public interest
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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 of the surface estate to the following
described parcel of land located in Lubbock County, Texas, be acquired for
public purposes and municipal purposes as set forth in the preamble hereof, to -
wit:
PARCEL # OWNER'S NAME AMOUNT LEGAL
2 Ronnie Greene & wife, Darla Greene $1,200 Holmes Blk 3 Lot 4
3 Mary A. Jenkins $1,200 Holmes Blk 3 Lot 3
8 Frances Martinez & Simon Martinez $1,200 Holmes Blk 2 Lot 3
11 Arthur Holmes & wife, Addie Holmes $1,000 Holmes Blk 1 Lot 5
12 Mary M. Burney, Individually and as
Life Estate; and Kathleen Burney Rose, $ 600 Holmes Blk 1 W/2
As Remainderman of Lot 4
13 - 14 Thelma Sharp & Louis Gene Sharp $1,200 Holmes Blk 1 E/2
of Lot 4 and Holmes
Blk 1 W/69 of Lot 3
21 Richard H. Aleman $2,000 Skyview Blk 1
Lot 3
23 Leon Crawford and wife, $2,500 Skyview Blk 1
Shirley Crawford Lot 1
24 - 25 Tommy Howell $1,200 Skyview Blk 5
Lot 10 and Skyview
Blk 5, Lot 9
27 Socieda Cantu, a partnership composed $ 600 Skyview Blk 5
of Ernesto Cantu, Reyes B. Cantu and Lot 7
Rosanna Cantu Rosales
30 Ernesto M. Cantu & wife, Reyes Cantu $ 600 Skyview Blk 5
Lot 4
31 Leon Crawford & wife, Shirley Crawford $ 600 Skyview Blk 5
Lot 3
SECTION 2. THAT the above -described parcel of land whose acquisition is
herein authorized is more particularly described as exhibits attached to this Resolution
and incorporated herein as part of this Resolution.
SECTION 3. THAT the owners of the above -described parcels of land BE
offered through the Right -of -Way Department of the City of Lubbock the amount
hereinabove indicated for their respective parcel(s), which is the amount appraised as
the value and total damages for the fee simple title and acquisition of the surface estate
of said real estate, for the use and benefit of the City of Lubbock, Texas, for the
purposes herein stated, and unless accepted forthwith, the City Attorney of said City of
Lubbock, or its authorized representatives, are hereby authorized and instructed to
institute condemnation (eminent domain) proceedings to acquire the fee simple title of
the surface estate to any or all such parcels as hereinabove described for public
purposes and municipal purposes.
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City Council Meeting
June 26, 2001
Page 458
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
The 1999 bond election created funding for the acquisition of properties
along the south side of Regis Street from I-27 eastward to MLK, Jr.
Blvd. for a park. This park is further located at the south end of
Lubbock International Airport property. There are 32 parcels to be
acquired for this park project, 14 of these parcels are vacant residential
lots, 15 of these parcels are residential lots with improvements, one
parcel is a church, one parcel is a business, and one parcel is a tract of
farm land.
This resolution authorizes the Right -of -Way Department to make offers
to the owners of the fourteen vacant residential lots. These lots are in
the Holmes and Skyview Additions. The appraiser of these properties
was Shaw Wofford.
This resolution also authorizes condemnation proceedings to acquire this
property if our offer is refused.
The Right -of -Way Department recommended the approval of this
resolution to make offers to these property owners.
Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal to pass on Resolution No. 2001-RO273 as
recommended by Staff, with the stipulation that before any condemnation
is initiated that it is brought before the Council in executive session.
Motion carried: 7 Yeas, 0 Nays.
(23.) Resolution No. 2001-RO274 authorizing the Right -of -Way
Department to make offers to 24 property owners for 17 parcels of
property needed for the Regis Street Greenbelt Park Project (south
side of East Regis Street, I-27 eastward to Martin Luther King, Jr.
Boulevard), and to proceed with condemnation if necessary.
RESOLUTION NO.2001-RO274
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 the Regis Street
Green Belt Park Project, and the City Council of said City finds it in the public interest
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City Council Meeting
June 26, 2001
Page 459
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 of the surface estate to the following
described parcel of land located in Lubbock County, Texas, be acquired for
public purposes and municipal purposes as set forth in the preamble hereof, to -
wit:
PARCEL #
OWNER'S NAME
AMOUNT
LEGAL
1
Ronnie Allen Greene & Winona Greene
$ 9,000
Holmes Blk 3 Lot 5
4
Mary A. Jenkins
$16,000
Holmes Blk 3 Lot 2
5
Adolph G.Castro & wife,Margarita Castro
$21,000
Holmes Blk 3 Lot 1
6
Irma C. Hernandez Mendoza & husband,
$30,000
Holmes Blk 2 Lot 5
Edward Mendoza, Jr.
9
Joe Zamora
$31,000
Holmes Blk 2 Lot 2
10
Betty Koerner
$28,000
Holmes Blk 2 Lot 1
15
Joe Antonio Olguin & wife,Agapita Olguin
$12,000
Holmes Blk 1 E 55
of Lot 3
16
Antonio Alegria
$15,000
Holmes Blk 1 Lot 2
17
International Church of Foursquare Gospel
$20,000
Holmes Blk 1 Lot 1
Inc., a California Religious Corporation
18
Jose Segura A/K/A Joe C. Segura & wife,
$ 8,000
Skyview Blk 1 Lot 3
Janie Segura
19
Jesus Flores
$15,000
Skyview Blk 1 Lot 5
20
Feliciano Morales
$13,000
Skyview Blk 1 Lot 4
22
Angel Aleman & wife,Leandra Aleman
$ 9,000
Skyview Blk 1 Lot 2
26
Socieda Cantu, a partnership composed
$ 16,000
Skyview Blk 5 Lot 8
of Ernesto Cantu, Reyes B. Cantu, and
Rosanna Cantu Rosales
28,29
Ernesto M. Cantu & wife,Reyes Cantu
$105,000
Skyview Blk 5 Lot
6
Skyview Blk 5 Lot 5
32
Leon Crawford & wife,Shirley
$ 25,000
Skyview Blk 5 S
Ann Hayes Crawford
123.97 Lot 2
33
Loretta L. Jordan
$ 38,000
Skyview Blk 5
S 123.16 Lot 1
SECTION 2. THAT the above -described parcel of land whose acquisition is
herein authorized is more particularly described as exhibits attached to this Resolution
and incorporated herein as part of this Resolution.
SECTION 3. THAT the owners of the above -described parcels of land BE
offered through the Right -of -Way Department of the City of Lubbock the amount
hereinabove indicated for their respective parcel(s), which is the amount appraised as
the value and total damages for the fee simple title and acquisition of the surface estate
of said real estate, for the use and benefit of the City of Lubbock, Texas, for the
purposes herein stated, and unless accepted forthwith, the City Attorney of said City of
Lubbock, or its authorized representatives, are hereby authorized and instructed to
institute condemnation (eminent domain) proceedings to acquire the fee simple title of
City Council Meeting
June 26, 2001
Page 460
the surface estate to any or all such parcels as hereinabove described for public
purposes and municipal purposes.
SECTION 4. THAT relocation assistance will be made available to displacees
of this project whether they be owner occupants or tenants (non -owner occupant) when
applicable. Owner occupants will qualify for up to a $22,500 purchase supplement and
tenants will qualify for a rental assistance payment of up to $5,250. Moving cost
reimbursement payments will be made available for owner occupants and tenants either
by payment of the actual reasonable moving cost or by using a fixed move cost
schedule.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
These 17 properties are made up of 15 residential lots with
improvements, one church and one business. Shaw Wofford appraised
the residential properties and Merle Blosser appraised the church and the
business. These properties are located in the Holmes and Skyview
Additions. This resolution authorizes the Right -of -Way Department to
offer these property owners their appraised values and to approve
relocation payments to these property owners. Property owners who are
occupants are eligible for a replacement housing payment with an upper
limit of $22,500. This replacement housing payment is made up of a
payment for price differential, increased mortgage costs, and incidental
expenses. These owner occupants and renters are eligible for moving
costs such as actual reasonable moving costs or using a fixed moving
cost schedule based on a room count survey. Renters will be eligible for
rental assistance up to $5,250. The one business will be eligible for
moving costs and reestablishment expenses.
This resolution also authorizes condemnation proceedings to acquire this
property if our offer is refused.
The Right -of -Way Department recommended the approval of this
resolution to make offers to these property owners and approve
replacement -housing payments.
Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal to pass on Resolution No. 2001-R0274 as
recommended by Staff, with the stipulation that before any condemnation
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City Council Meeting
June 26, 2001
Page 461
is initiated that it is brought before the Council in executive session.
Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 30.
(24.) Resolution No. 2001-RO254 authorizing the Mayor to execute a letter
of agreement for a quitclaim deed 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 1 RR 62).
RESOLUTION NO. 2001-RO254
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Letter of 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.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L.Chamales, Supervising Attorney
A copy of the Letter of Agreement is filed with Resolution No. 2001-R0254.
This new railroad will cross the Clovis Highway (US 84) just east of
North Frankford Avenue and connect with the existing Burlington
Northern Santa Fe (BNSF) Railroad which lies on the north side of US
84. At this location where the railroad crosses US 84, title is being
acquired to this portion of US 84. TxDOT acquired this right-of-way
through an easement instead of a warranty deed. Fee simple title must
now be acquired to these portions of US 84 as part of this railroad
project. The City has acquired the south half and to acquire title to the
north half, the City's title company is requesting that staff obtain a
quitclaim deed from BNSF since they are the abutting property owner.
This letter of agreement between the City and BNSF will transfer the
interest that BNSF has in this parcel of property through a quitclaim deed
to the City and the City will be able to transfer this US 84 road crossing
area to TxDOT. The cost of this quitclaim deed is $2,500.
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City Council Meeting
June 26, 2001
Page 462
This was originally on the April 26, 2001 City Council meeting and
approved as Resolution No. 2001-RO139 in the form of a real estate
purchase and sale agreement. However, the Railroad has decided not to
go with their standard agreement originally submitted since this property
is outside of their railroad right-of-way and will instead execute a
quitclaim deed.
The Right -of -Way Department recommended the approval of this letter
of agreement with the Burlington Northern and Santa Fe Railway
Company.
(25.) Resolution No. 2001-RO255 authorizing the Mayor to execute for and
on behalf of the City of Lubbock an amendment to an interlocal
agreement with Lubbock County dated May 25, 2000, regarding the
relocation of North County Road 1330 as an essential development
for the Marsha Sharp Freeway (aka East-West Freeway) (west of FM
179 and south of Ursuline Street).
RESOLUTION NO. 2001-RO255
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to an
Interlocal Agreement with Lubbock County dated May 25, 2000, with regard to the
relocation of North County Road 1330. Said Amendment is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney/Office Practice
A copy of the Amendment is filed with Resolution No. 2001-R0255.
In May of 2000, the City signed an agreement with Lubbock County for
the relocation of a county road that was being cut off and access denied
to by the new railroad being constructed around West Lubbock. The
amendment allows the City to hire a contractor rather than the County to
construct this new road, by reimbursing the County for the reasonable
costs of acquiring the right-of-way and engineering services for the
realignment of this road, and allowing the County to cooperate and
provide assistance to the City in the building of the road.
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City Council Meeting
June 26, 2001
Page 463
The Right -of -Way Department recommended the approval of this
interlocal agreement with Lubbock County.
(26.) Resolution No. 2001-RO256 authorizing the Mayor to execute a "Spur
Track Permit Agreement" with the Texas Department of
Transportation for the Lubbock International Airport railroad spur
project (north of Airport).
RESOLUTION NO. 2001-RO256
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 Spur Track Permit
Agreement between the City of Lubbock and the Texas Department of Transportation
to cross State Farm to Market Road 1294, and any other related documents. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney/Office Practice
A copy of the Agreement is filed with Resolution No. 20021-R0256.
This agreement with the Texas Department of Transportation allows the
City to cross State Farm to Market Road 1294 with the new airport
railroad spur track. FM 1294 runs east to west and is located just north
of the airport. The main context of this agreement is for the City and/or
its contractor to follow all of TxDOT's construction guidelines.
The Right -of -Way Department recommended the approval of this
agreement with the Texas Department of Transportation.
(27.) Resolution No. 2001-RO257 authorizing the Right -of -Way
Department to make an offer to Mina Wolf Lamb, Arch G. Lamb,
Arch Karl Lamb, and Alyse W. Lamb for a 9.246 acre tract of land
in Section 44, Block AK, Lubbock County, Texas for a City park
(2601 Kewanee Avenue).
RESOLUTION NO. 2001-RO257
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 the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit: NOW THEREFORE:
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City Council Meeting
June 26, 2001
Page 464
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate to the following
described parcel of land located in Lubbock County, Texas, be acquired for
public purposes and municipal purposes as set forth in the preamble hereof, to -
wit:
OWNER'S NAME
AMOUNT
Mina Wolf Lamb a/k/a Mina Maria Lamb, $155,000.00
Arch G. Lamb, Arch Karl Lamb, and Alyse W. Lamb
SECTION 2. THAT the above -described parcel of land whose
acquisition is herein authorized is more particularly described as "Exhibit A"
attached to this Resolution and incorporated herein as part of this Resolution.
SECTION 3. THAT the owners of above -described parcel of land being Mina
Wolf Lamb a/k/a Mina Maria Lamb, Arch G. Lamb, Arch Karl Lamb, and
Alyse W. Lamb BE offered through the Right -of -Way Department of the City of
Lubbock the amount hereinabove indicated for their respective parcel, which is
the amount appraised as the value and total damages for the granting of fee
simple title, including all legal obligations attached thereto, for the use and
benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the fee simple title to any or all such parcels as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of Exhibit "A" is filed with Resolution No. 2001-R0257.
The resolution authorizes the Right -of -Way Department to make an offer
to the Lamb family for a 9.246 acre City park site at the southeast corner
of 261h Street and Kewanee Avenue. Jim Bowman, MAI, appraised this
park site for $155,000. This equates to about $16,764 per acre. He
utilized recent sales of subdivision and acreage land in the surrounding
area.
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City Council Meeting
June 26, 2001
Page 465
Therefore, our offer to Mina Wolf Lamb, Arch G. Lamb, Arch Karl
Lamb, and Alyse W. Lamb is $155,000.
This resolution also authorizes condemnation proceedings if this offer is
refused.
The Right -of -Way Department recommended the approval of our offer to
the Lamb family.
(28.) Resolution No. 2001-RO258 authorizing the Mayor to execute a
parking lot lease with Bleacher's Sports Cafe (1910 Texas Avenue).
RESOLUTION NO. 2001-RO258
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 Bleacher's Sports Cafe, 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 June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Lease Agreement is filed with Resolution No. 2001-R0258.
On June 20, 2000 the City executed a lease with Kurt McMillian of
Bleacher's Sports Caf6 for approximately 64 spaces of the City's Health
Department parking lot at the southwest corner of 19`' Street and Texas
Avenue. This lease enables Bleacher's to satisfy the parking
requirements per the zoning ordinance for customers of the caf6 during
the evening and nighttime hours. The lease is expiring and this new one-
year lease will renew the expired one. The City will receive $240 per
month for this parking lot lease.
The Right -of -Way Department recommended the approval of this lease.
(29.) Resolution No. 2001-RO259 authorizing the Mayor to execute a
parking lot lease with KPL, Inc. (1910 Texas Avenue).
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City Council Meeting
June 26, 2001
Page 466
RESOLUTION NO. 2001-RO259
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 KPL, Inc, 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 June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Lease Agreement is filed with Resolution No. 2001-R0259.
On June 20, 2000 the City executed a lease with Larry Simmons (KPL,
Inc.) of Red Door Club for approximately 42 spaces of the City's Health
Department parking lot at the southwest corner of 19' Street and Texas
Avenue. This lease enables the Red Door (1801 Buddy Holly Avenue)
to satisfy the parking requirements per the zoning ordinance for
customers of the club during the evening and nighttime hours. This lease
is expiring and this new one-year lease will renew the expired one. The
City will receive $157.50 per month for this parking lot lease.
The Right -of -Way Department recommended the approval of this lease.
The next item considered was Item No. 31.
(30.) Resolution No. 2001-RO275 authorizing the Mayor to execute an
interlocal cooperative agreement, by and between the City of
Lubbock and the Texas A&M University System (TAMU), regarding
the provision of groundwater by the City of Lubbock to TAMU in
exchange for the grant of a right-of-way easement for railroad
purposes over and across TAMU property.
RESOLUTION NO. 2001-RO275
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative
Agreement between the City of Lubbock, and the Texas A&M University System, and
any other related documents. Said Agreement is attached hereto and incorporated in
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City Council Meeting
June 26, 2001
Page 467
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 June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
- Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ H. David Jones
for Mark Earle, Managing Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney — Office Practice
A copy of the Agreement is filed with Resolution No. 2001-R275.
At its May 10, 2001 meeting, the City Council gave staff the authority to
negotiate an interlocal cooperative agreement to provide irrigation water
to the TAMU Agricultural Experiment Station (AES) as consideration for
a railroad right-of-way easement across AES property. Since that
meeting, staff has finalized negotiations with TAMU. The final agreement
is substantially the same as the earlier draft with a few exceptions, which
are noted below.
As in the earlier version of the agreement, the final agreement requires
the City of Lubbock to deliver up to 167 acre-feet of untreated irrigation
water annually to a designated point on AES property. The City must be
able to deliver the water at a peak rate of 1000 gallons per minute. The
City intends to take water from existing wells located on the northern
part of the airport property and deliver it via electric pumps and
irrigation pipeline. The cost of the pumps and pipeline is estimated to be
approximately $50,000, and will be funded out of the EDA rail spur
grant. Lubbock International Airport will maintain the delivery
equipment, and will bear the cost of the electricity for the pumps. The
City is required to make every reasonable effort to deliver water at the
specified level and rate.
The most significant change from the earlier version of the agreement is
in the provision regarding the City's responsibilities in the event that
well water cannot be delivered at the rate specified in the agreement. In
the earlier agreement, the City would have been required to pay a pre-
determined amount in cash as compensation to TAMU. In the new
agreement, the cash payment provision has been replaced by a
requirement for the City to supplement well water with treated water
from the City's municipal water supply to ensure a stable flow rate
throughout the term of the agreement.
The Airport Board has reviewed the agreement and recommended
approval. Staff also recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on Resolution No. 2001-RO275 as
recommended by Staff, subject to EDA's approval and grant of funds for
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City Council Meeting
June 26, 2001
Page 468
railroad construction within the subject right-of-way easements. Motion
carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 32.
(31.) Resolution No. 2001-RO260 authorizing the Park Development
Department to apply for a matching grant of up to $500,000 from
the Texas Recreation and Parks Account Program.
RESOLUTION NO.2001-RO260
WHEREAS, the City of Lubbock, Texas, hereinafter referred to as "City",
desires to designate certain officials as being responsible for, acting for, and on behalf
of the "City" in dealing with the Texas Parks and Wildlife Department, hereinafter
referred to as "Department", for the purpose of participating in the Texas Recreation
and Parks Account Grant Program, hereinafter referred to as the "Program"; and
WHEREAS, the City certifies that the City matching share is readily available,
and dedicating the proposed site for permanent public park and recreational uses; and
WHEREAS, the Texas Legislature has approved the Program (Section 24 of the
Parks and Wildlife Code) for the purpose of allowing the political subdivisions of the
State of Texas to participate in the Program; and
WHEREAS, the City is fully eligible to receive assistance under the Program;
and
WHEREAS, the City is desirous of authorizing an officials to represent and act
for the City in dealing with the Department concerning the Program;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
Section 1: That the City hereby certifies that they are eligible to receive assistance
under the Program.
Section 2: That the City hereby certifies that the matching share for this application
is readily available at this time.
Section 3: That the City hereby authorizes and directs its Parks and Recreation
Manager to act for the City in dealing with the Department for the
purpose of the Program, and Parks and Recreation Manager is hereby
designated as the representative in this regard.
Section 4: The City hereby specifically authorizes the official to make application to
the Department concerning the site known as Jim Bertram Lake System
in the City of Lubbock for use as a park site. That the Jim Bertram Lake
System is hereby dedicated (or will be dedicated upon completion of the
purposed acquisition) for public park and reaction purposes in perpetuity.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
U.:
City Council Meeting
June 26, 2001
Page 469
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell
Parks and Recreation Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
The Texas Legislature, through Section 24 of the Parks and Wildlife
Code, has established the Texas Recreation and Parks Account Program,
whereby local governments compete for matching funds to develop parks
and recreation facilities. Applications for matching funds up to $500,000
are due July 31, 2001.
To compete for these grants, on May 10, 2001 the City Council adopted
Resolution No. 2001-R0168, which formally amended the 1998 Lubbock
Comprehensive Park, Recreation and Open Space Master Plan. The
amendment includes development priorities for each of four planning
quadrants in Lubbock that are bounded by 34`' Street and Indiana
Avenue. The Park Development Department is preparing two proposals
for the July 31, 2001 deadline.
The first application, which targets the top priorities for the northeast
planning quadrant, will leverage $650,000 earmarked for improvements
to the Jim Bertram Lake System. In September 1999, the citizens of
Lubbock approved $500,000 in General Obligation Bonds to begin the
initial development of an outdoor concert and festival site at Fiesta Plaza.
The proposal is bolstered by an $150,000 improvement package to
Prairie Dog Town that will be financed by Fore Star Golf, LLC.
Planned improvements include an amphitheater, group pavilion, boat
dock, multipurpose trail, multipurpose court, picnic station and a fishing
pier at Fiesta Plaza. Proposed improvements at Prairie Dog Town
include bird watching blinds, a new wall, 25 new trees, new irrigation
and native grasses and interpretive signage.
The second proposal, which will assist the Science Spectrum with the
completion of "The Brazos River Journey: Texas Alive" exhibit, targets
the southeast planning zone. In December 2000, the City Council
authorized the Park Development Department to make application for the
Science Spectrum project. The two proposals will be made to separate
funding sources, therefore the two grant applications will not compete
with each other.
These two grant applications respond to the City Council goals of
expanding grant revenue opportunities as well as continuing the
implementation of the Canyon Lakes Master Plan. In February 2002,
Texas Parks and Wildlife will formally approve the competitive grant
applications from cities across the state. At that time, applicants will be
notified regarding the status of funding.
Staff recommended that Council pass the resolution authorizing the Park
Development Department to apply for a matching grant of up to
$500,000 from the Texas Recreation and Parks Account Program.
Next item to be considered was Item No. 33.
,e,
City Council Meeting
June 26, 2001
Page 470
(32.) Consider a resolution granting authorization, pursuant to Section 5.4
Of the October 14, 1994 management agreement, to Fore Star Golf,
LLC to operate LakeRidge Country Club.
In October 1994, the City Council passed Resolution #4634 entering into
a management agreement with Fore Star Golf, LLC for the operation of
Meadowbrook Golf Course. Section 5.4 of the management agreement
holds that Fore Star Golf, LLC shall not operate other golf facilities in
Lubbock County. However, on February 24, 2000, the City Council
amended the October 14, 1994 management agreement to allow Fore
Star Golf, LLC to operate another golf course in Lubbock County in
support of Fore Star's bid to acquire LakeRidge Country Club.
Since that time, Fore Star has successfully bid to acquire LakeRidge
Country Club. Fore Star will be allowed to operate LakeRidge Country
Club under the following terms and conditions:
1. The golf operations at LakeRidge Country Club will not compete
with Meadowbrook Golf Complex for the same customers,
including tournaments.
2. The golf operations at LakeRidge Country Club will have a
different fee structure that clearly differentiates it from
Meadowbrook Golf Complex.
3. There shall be no joint advertising shared between LakeRidge
Country Club and Meadowbrook Golf Complex.
4. There shall be no discounts applied on the same days at
LakeRidge Country Club and Meadowbrook Golf Complex.
Fore Star's acquisition of LakeRidge Country Club expands their
holdings in the Lubbock market without creating competition with
Meadowbrook Golf Complex. The precedent for this is Fore Star's
operations of two courses in Las Cruces, New Mexico. Picacho Hills
Country Club, a private membership club, and Sonoma Ranch Golf
Course, a daily fee course, each cater to a different customer.
As in Las Cruces, Fore Star expects to benefit from increased economies
with two properties in Lubbock. This will be realized through
equipment sharing for specialty items that would not normally be
considered for a single operation, improved opportunities to make bulk
purchases at a reduced expense and opportunities for increased staffing
during special events.
A comparison of the proposed operations at LakeRidge Country Club to
those practiced at Meadowbrook underscore the absence of competition
between the facilities. Meadowbrook Golf Complex offers golf on a per
use basis, while LakeRidge Country Club offers golf, tennis, swimming,
dining and membership considerations on a monthly basis. Furthermore,
Meadowbrook Golf Complex extends no credit opportunities, while
LakeRidge Country Club offers credit terms to its membership.
The operation of LakeRidge Country Club will complement the
investment that Fore Star has made in Lubbock. Since October 1994,
Fore Star Golf, Inc. has improved the greens and installed a water
filtration system to improve the nutrient level of the irrigation water at
Meadowbrook Golf Complex. Furthermore, Fore Star is contractually
obligated to make $500,000 worth of additional improvements at
Meadowbrook Golf Complex during the next eighteen months. These
improvements include automating the irrigation system, planting trees,
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June 26, 2001
Page 471
and making site improvements to Prairie Dog Town. Fore Star Golf,
LLC is under contract through 2024 for the operation of Meadowbrook
Golf Course.
Staff recommended that the Council approve the resolution granting Fore
Star Golf, LLC permission to operate LakeRidge Country Club.
Tommy Gonzales stated that he had discussed the issue Steve Yonke
after the earlier Citizen Comments and Mr. Yonke would be attending a
LakeRidge Neighborhood Association meeting.
Motion was made by Councilman McDougal, seconded by Hernandez to
continue this item to July 12th City Council Meeting. Motion carried: 7
Yeas, 0 Nays.
Next item to be considered was Item No. 38A
(33.) Resolution No. 2001-RO261 authorizing the City Manager or his
designee to acquire and maintain a general liability insurance policy
to cover the City of Lubbock and independent general contractors
performing lead paint activities with Federal Community
Development Block Grant and Home Entitlements Funds.
RESOLUTION NO. 2001-RO261
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager or his designee BE and is hereby authorized to acquire
and maintain a general liability insurance policy to cover the City of Lubbock and
independent general contractors performing lead paint activities with CDBG and
HOME Funds.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy Sims, Assistant City Attorney
As of September 15, 2001, a new HUD regulation requires that all
rehabilitation projects on residences built prior to 1978 that are being
administered out of the Community Development Block Grant or Home
Entitlement Funds address lead base paint. The additional insurance cost
to the general contractor for lead paint coverage would be approximately
$5,000 each per year if this was added to their individual liability
insurance policies. These costs would then be passed on through bids to
the Community Development Department. The Community
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Page 472
Development Department has located an insurance company that will
write a general liability insurance policy to cover lead base paint
activities only. This policy will insure the City and any contractors the
Community Development Department lists as lead base paint contractors.
The premium cost is based on the dollar amount of actual lead work
done per year. The premium is estimated at $7,000. Staff currently
have five lead certified contractors approved to do work through the
Community Development Department. If the contractors purchased
insurance individually at $5,000 per contractor the total cost to the
federal programs would be $25,000 ($25,000 - $7,000 = $18,000
savings to the federal programs). Under the general liability insurance
policy, the City will also be insured coverage.
Due to the cost savings and the fact that the City will be insured along
with the independent contractors, the Community Development staff
recommended approval of this item.
(34.) Resolution No. 2001-RO262 authorizing the Mayor to execute an
industrial tax abatement agreement with Red River Commodities,
Inc.
RESOLUTION NO. 2001-RO262
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement and all
related documents by and between the City of Lubbock and Red River Commodities,
Inc., attached hereto and which shall be spread upon the minutes of the council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0262.
The City of Lubbock received an application for industrial tax abatement
from Red River Commodities, Inc. to expand their facility at 212 NE
Loop 289 in the Lubbock 2000 North Enterprise Zone. The project for
Red River consists of a new warehouse, truck scale, and processing and
packaging equipment.
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The project meets the Industrial Tax Abatement Policy and Guidelines
minimum investment of $500,000 in real property improvements. Total
investment in the project will be approximately $1.3 million; $500,000
for the new warehouse and processing buildings and $800,000 for
machinery and equipment.
This facility will create 10 new jobs initially, and increase to 15 as
business allows. The wages will range from $7-$9 per hour. A full
range of benefits will be available to those hired for full time status. The
estimated amount of the new payroll created will be approximately
$200,000.
Market Lubbock considered this application at its May 9 Board meeting
and has recommended a 5 year, declining scale tax abatement for the
project. The abatement amount for the City of Lubbock is
approximately:
Year 1
100 %
$7,410
Year 2
80 %
$5,928
Year 3
60 %
$4,446
Year 4
40%
$2,964
Year 5
20 %
$1,482
The total city abatement over the life of the contract is $22,230. The
total county abatement over the life of the contract would be $11,625.
The project will add $1.3 million in new value to the tax base in the
North Enterprise Zone.
Under the current guidelines, Red River Commodities, Inc. is eligible
and meets all the criteria for tax abatement. The City Council approved
the Notice of Intent to enter into a tax abatement agreement at their June
14, 2001 City Council meeting.
Staff concurs with Market Lubbock Inc.'s recommendation of approval
of the tax abatement for a term of five years with a declining schedule
beginning with 100 % and declining by 20 % each year.
(35.) Resolution No. 2001-R0263 authorizing the Mayor to extend the term
of the existing joint gas purchase contract between the City of
Lubbock, Texas Municipal Gas Corporation, and the City of La
Grange.
RESOLUTION NO.2001-R0263
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 Extension
between the City of Lubbock, Texas Municipal Gas Corporation and the City of
LaGrange, Texas to extend the term of the existing Joint Gas Purchase Contract, and all
related documents. Said Extension 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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Page 474
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul E. Thompson
Managing Director of Electric Utilities
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade, Assistant City Attorney
A copy of the Contract Extension is filed with Resolution No. 2001-R0263.
The Joint Gas Purchase Contract allows LP&L to buy discounted gas
from the Texas Municipal Gas Corporation (TMGC). TMGC has now
secured some gas in the ground and delivery was expected to begin in
May. In order to complete the purchase, TMGC will be issuing a series
of 20-year bonds. TMGC has asked to amend the term of the original
contract to be the same as the term of the bonds. LP&L has no
objections to this request.
LP&L is not bound to take more gas than it needs and is not liable for
any portion of the bonds TMGC sells.
The contract will be extended to December 31, 2021 and shall be
automatically extended by one year each December 31 unless declined in
writing by any of the parties except that the term of the contract will not
extend beyond December 31, 2030.
The staff recommended that the Mayor and City Council approve the
contract extension.
(36.) Resolution No. 2001-RO264 authorizing the Mayor to execute an
amendment to an existing lease agreement with the Community
Health Center of Lubbock for additional office space at the Lubbock
Business Center Annex.
RESOLUTION NO. 2001-RO264
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to the
Lease Agreement between the City of Lubbock and Community Health Center of
Lubbock. Said Amendment is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
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City Council Meeting
June 26, 2001
Page 475
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul Thompson, LP&L Director
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade, Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 2001-R0264.
The Community Health Center of Lubbock currently leases Suites 4 and
5 in the Lubbock Business Center Annex for use as administrative
offices. They would now like to add Suite 6 to their lease under the
terms of the existing lease agreement. The existing lease provided for a
two-year term to expire on December 31, 2001 and may be extended for
three additional one-year terms by written notification. The lease also
provides for a 3 % escalation of rates each year.
Lease of the additional space will increase rental income by $827.86 per
month or $9,934.32 per year.
Staff recommended that the Mayor and City Council approve the
amendment to the lease agreement between the City of Lubbock and the
Community Health Center of Lubbock.
(37.) Resolution No. 2001-RO265 of the City Council of the City of
Lubbock, Texas, urging the National Fire Protection Association
(NFPA) to reject 1710 relating to 4-man minimum staffing
standards.
RESOLUTION NO. 2001-RO265
WHEREAS, the International City/County Management Association (ICMA)
strongly urged the National Fire Protection Association (NFPA) to reject 1710, which
would require a minimum 4-man staffing on all shifts;
WHEREAS, the ICMA position was based on the following substantive and
procedural grounds: (1) 1710 undermines democratic decision -making; (2) 1710
violates NFPA's mission; (3) 1710 undermines public safety; (4) 1710 is outside NFPA
purview; (5) The 1710 Technical Committee did not have an appropriate balance of
interests among its membership, especially given the extraordinary broad policy context
of 1710; and (6) 1710 will have wide-ranging and unintended fallout should it become a
standard; and
WHEREAS, if adopted by NFPA, the City of Lubbock would face significant
costs associated with adding 90 additional firefighters at a cost of Four Million Eight
Hundred Thousand and no/100 Dollars ($4,800,000.00) annually, plus any additional
costs associated with additional facilities to meet response time parameters; and
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Page 476
WHEREAS, the Staff recommends approval of this Resolution urging the NFPA
to reject 1710; and
WHEREAS, the City Council has considered the matter and deems it in the
public interest to strongly urges the National Fire Protection Association (NFPA) to
reject 1710 relating to 4-man minimum staffing standards;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT, the City Council of the City of Lubbock, Texas, strongly urges the
National Fire Protection Association (NFPA) to reject 1710 relating to 4-man minimum
staffing standards.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte'
Debra Forte', Deputy City Manager
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
This particular resolution asks City Council to urge NFPA to reject
1710. 1710 is a proposal which would establish a minimum manning
level for fire engine companies. The City Council will note that the very
foundation of the City Charter and elected local government officials
would be taken away by making a mandate as opposed to a local option
regarding staffing of the Fire Department.
The National League of Cities and the International City Management
Association are among others seeking the rejection of this standard.
Deputy City Manager Debra Forte' is a member of the Texas City
Management Association Board of Directors. At the annual conference
in June the Association voted to oppose 1710 and all respective City
Councils were requested to provide resolutions and forward them to the
National League of Cities before the NFPA meeting scheduled for July
13, 2001.
The City Manager's office strongly supports anything that relates to
firefighters' safety and staffing is only one of the many factors that affect
safety on the fire scene. Please note that to comply with this would
require approximately 90 additional firefighters, at an annual expense of
approximately $4.8M, or about an 8-penny tax increase.
As you are aware, staff have spent the last several years expanding
funding for the Fire Department by a) replacing old firehouses with new,
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City Council Meeting
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Page 477
b) replacing all bunker gear, and c) adding extensive training equipment.
All of these items have been done to ensure the safety of the firefighters.
Staff recommended approval of the resolution.
(38.) Resolution No. 2001-RO266 authorizing the Mayor to execute a
supplemental grant agreement between the City of Lubbock and
Market Lubbock Economic Development Corporation for assistance
in funding the Lubbock Reese Redevelopment Authority.
RESOLUTION NO. 2001-RO266
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 Supplemental Grant
Agreement, by and between the City of Lubbock and Market Lubbock Economic
Development Corporation. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte'
Debra Forte', Deputy City Manager
APPROVED AS TO FORM:
/s/ AM L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0266.
The purpose of the agreement is to transfer $450,000 to Market
Lubbock, Inc on August 1, 2001 and on August 1, 2002, the City shall
transfer $550,000 to Market Lubbock, Inc. Market Lubbock, Inc. will
transfer those funds to the Lubbock Reese Redevelopment Authority
(LRRA) for the purpose of providing an economic development incentive
to foster elimination of unemployment and to stimulate business activity
within Lubbock. The source of funding is the community investment
fund as approved with the annual budget in September 2000.
Market Lubbock, Inc. will procure a funding agreement with LRRA that
meets with City approval on how the funds are to be utilized. The basic
need at this time is to cover costs associated with Fire Services.
Staff recommended approval of the resolution and agreement.
The next item considered was Item No. 39.
(38A.) Consider the reasonableness of a proposed rate increase by Sexton
Enterprises, d.b.a. Yellow Cab.
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City Council Meeting
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Page 478
On May 17, 2001, Sexton Enterprises, d.b.a. Yellow Cab, filed a letter
with the City Secretary requesting a 10-cent per mile rate increase due to
increased fuel costs. The filing of the proposed rate schedule on June 1,
2001 followed the letter. The City of Lubbock ordinance Section 27-59
requires that, "...t he permit holder shall file the proposed schedule of
rate increases with the City Secretary.... . The rate increase.... shall
become effective thirty (30) days after filing... unless a public hearing is
required to determine the reasonableness.... If within thirty (30)
days ... the City Council determines... there exists a question as to the
reasonableness... it shall hold a public hearing... " The last request for a
rate increase by Sexton Enterprises was filed on March 14, 2000 due to
"recent increases in fuel costs and other increases over the last 3 1/2
years..." and became effective after 30 days.
City Attorney Anita Burgess spoke for the staff and stated that from
results of a survey taken by Lubbock staff concerning Dallas, Houston,
Midland, Abilene and Austin, we would be right behind Austin as the
second highest rates. Staff recommended holding a public hearing to
determine reasonableness of the proposed rates.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to hold a public hearing at the July 12th
City Council meeting. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 44.
(39. Resolution No. 2001-110267/13I1) #045-01/RW-City of Lubbock
Communications Equipment Shelter (Radio Shop).
RESOLUTION NO. 2001-RO267
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
#045-01/RW for a City of Lubbock communications equipment shelter, by and between
the City of Lubbock and Fibrebond, 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 June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-RO267.
City Council Meeting
June 26, 2001
Page 479
This bid is for the purchase of a new equipment shelter to house the
expansion of the 800 MHz radio system at 302 Municipal Drive. This is
a specialty building that has bullet proof panels and glass meeting or
exceeding UL752-HPR. It has a galvanized metal ice shield to protect it
from falling objects. The walls are made from concrete to provide a
climate -controlled shelter. The building will be delivered and set up at
the 302 Municipal Drive site by the end of July 2001.
The low bid is $37,640 from Fibrebond, Inc. of Minden, Louisiana and
is within the Equipment Capital Outlay -Communications Building
budget.
(40.) Resolution No. 2001-R0268/RFP #072-01-Architect-Engineering
Services for Silent Wings Museum (Aviation).
RESOLUTION NO. 2001-RO268
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for architect -
engineering services for Silent Wings Museum, by and between the City of Lubbock
and Hellmuth, Obata + Kassabaum, L.P. 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 June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0268.
This contract involves architectural/engineering (A/E) services for the
Silent Wings Museum. The selected A/E firm will design the renovation
of the vacant and unoccupied portion of the 1950 Lubbock Airport
passenger terminal building located on the west side of Lubbock
International Airport. The building will house the Silent Wings
Museum, gift shop, visitor information center, as well as storage and
shop facilities. The building will also house administrative space for the
museum manager and unfinished space that will be developed into a full
service restaurant at a later date. This project will be funded through a
capital project by the Lubbock International Airport and administered by
the Director of Aviation.
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Page 480
The renovation of the approximately 38,000 square feet of the 1950
Lubbock Airport terminal structure will provide for a variety of museum
spaces for the presentations of exhibitions, models, artifacts, and
restored aircraft related to the glider program that operated in the
Lubbock area during the WW II period. The museum spaces will
include gallery spaces, a theatre, library for reference materials, and
computer access for other reference locations, and archival storage.
Other elements at the site will be the development of a gift shop, offices,
restaurant, and meeting space. This project will also include new
construction for an expansion of the passenger terminal building to
display the restored CG-4 glider and other exhibits. ---
The Purchasing Department received nine responses to the RFP. In
accordance with City procedures, a selection committee was appointed to
review and evaluate the proposals. The selection committee consisted of
the Director of Aviation, the Deputy Director of Aviation for Business
Administration, the Facilities Management Manager, and two Military
Glider Pilots Association Museum Board representatives. Each
committee member received a copy of the RFP, a complete set of
proposals, and rating forms. The rating criteria used by the committee
for the selection of A/E services included:
♦ Qualifications, specialized experience (including
preservation/renovation adaptive re -use of older structures and the
design of museums and galleries), and competence of the A/E and
the assigned personnel. (30%)
♦ Record of Performance. (25 %)
♦ Timeliness of the proposed work schedule. (20%)
♦ Proposed methodology and types of services provided. (15%)
♦ Overall responsiveness to the RFP. (10%)
The two top ranked firms, Hellmuth, Obata + Kassabaum (HOK) and
Parkhill, Smith, and Cooper (PSC) were invited to make presentations.
The committee ranked the two firms as follows:
♦ HOK 359.40
♦ PSC 346.05
As a result of the overall rankings following the presentations, the
selection committee selected HOK to perform the A/E services for the
Silent Wings Museum. The HOK firm has an enormous amount of
technical expertise, specific knowledge of this project type, and
outstanding credentials. Their past projects include the DFW Airport,
National Air and Space Museum, National Air and Space Museum -
Dulles Center, National Air and Space Museum restaurant addition,
Laredo International Airport, and the College Park Aviation Museum.
HOK has the necessary experience and expertise in areas that will play
dominant roles in the design of the Silent Wings Museum.
In addition, HOK will be able to provide in-house development of the
gallery/exhibit design with an internationally acclaimed design director
who will report directly to the senior project manager. A sample of
HOK's design director's resume' includes:
♦ The Harry Bass Collection Exhibit
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City Council Meeting
June 26, 2001
Page 481
College Air Park Museum - College Park, MD
Natural History Museum of the Adirondacks Tupperlake, NY
National Air & Space Museum, The Smithsonian Institution
Jacksonville Museum of Science and History —Jacksonville, FL
Museum of Science and Natural History —St Louis, MO
The Aerodrome Meadowlands, NJ
This capital project is funded with various components including Airport
Operating Budget, transfer of assets from Glider Pilots Foundation and
Silent Wings Board, miscellaneous donations, and transfers from the
General Fund.
Staff recommended award of contract to Hellmuth, Obata + Kassabaum
of Dallas, Texas.
This bid establishes annual pricing for soil analysis of soil samples
collected by Water Utilities at the Land Application Site. Soil samples
are collected annually and semi-annually in compliance with Texas
Natural Resource Conservation Commission permit requirements. The
successful bidder will analyze soil samples for the following constituents:
Total Nitrogen, Nitrate, Ammonia, Phosphorus, Potassium, Sodium,
Magnesium, Calcium, SAR, Soluble Salts/EC, and Soil Water pH.
The low bid is $11,232.50 annually from Midwest Laboratories of
Omaha, Nebraska and is within the Professional Services budget. The
pricing agreement term is for one year with an option to renew annually
for up to two additional years.
(41.) BID #119-01/LR-Soil Analysis for the City of Lubbock Land
Application Sites (Water Utilities).
This bid establishes annual pricing for soil analysis of soil samples
collected by Water Utilities at the Land Application Site. Soil samples
are collected annually and semi-annually in compliance with Texas
Natural Resource Conservation Commission permit requirements. The
successful bidder will analyze soil samples for the following constituents:
Total Nitrogen, Nitrate, Ammonia, Phosphorus, Potassium, Sodium,
Magnesium, Calcium, SAR, Soluble Salts/EC, and Soil Water pH.
The low bid is $11,232.50 annually from Midwest Laboratories of
Omaha, Nebraska and is within the Professional Services budget. The
pricing agreement term is for one year with an option to renew annually
for up to two additional years.
(42.) Resolution No. 2001-RO269/RFP #137-01/LR-Relocation Assistance
Services (Right Of Way).
RESOLUTION NO. 2001-RO269
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for Relocation
Assistance Services, by and between the City of Lubbock and Pinnacle Consulting and
Management Group, Inc., and related documents. Said Contract is attached hereto and
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City Council Meeting
June 26, 2001
Page 482
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 June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0269.
This contract provides relocation assistance services to 17 residences,
businesses, and a church that are being displaced due to the Regis Street
Greenbelt Park project from Interstate 27 to Martin Luther King
Boulevard. The service provider will meet with those persons being
displaced, determine their housing, moving, and relocation needs and
calculate their payments as necessary per City of Lubbock guidelines.
A review committee made up of Larry Hertel, Richard Burdine, and
Mark Earle reviewed the proposal by Pinnacle Consulting Management
Group, Inc., the only bidder who submitted a bid. They reviewed the
criteria that were important in obtaining a successful relocation assistance
company and all approved Pinnacle. The criteria included when they
could start the job, experience with similar work in Texas, familiarity
with TxDOT acquisition procedures, Spanish speaking capabilities, and a
local office. This was the first firm recommended by TxDOT to help us
on this project. Their bid is $1,900 per parcel for a total bid of $32,300.
If there is an additional displacee, it will be at the same $1,900 per
parcel. There are 17 parcels.
Staff recommended contract award to Pinnacle Consulting Management
Group, Inc. of Oklahoma City, Oklahoma. The contract not -to -exceed
amount is $32,300 and is within the Airport-Skyview Corridor budget.
(43.) Resolution No. 2001-110270/13I1) #141-01/1)C30' Pre -Wired Artificial
Christmas Tree (Parks and Recreation).
RESOLUTION NO. 2001-RO270
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
#141-01/13C for a 50' pre -lit Christmas tree, by and between the City of Lubbock and
Arnett Marketing, LLC of San Antonio, Texas, and related documents. Said Purchase
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City Council Meeting
June 26, 2001
Page 483
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 June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0270.
This bid is for the purchase of a 50-foot pre -wired artificial Christmas
tree to be used at the annual Santa Land Exhibit in December. The tree
is a snow tipped natural branch garland panel tree and will replace the
use of live tree limbs that are becoming scarce and therefore more
expensive. The use of an artificial tree will result in annual cost savings
of $3,973 in trees and branches and annual productivity improvement
savings of $11,810. Anticipated total annual savings for the project will
be $15,783.
The low bid is $34,900 from Arnett Marketing, LLC of San Antonio,
Texas and is within the Capital Outlay -Trees, Shrubs & Plants budget.
The next item considered was Item No. 45.
(44.) Resolution No. 2001-R0276/RFP #E147-01/VK-Wrecker and Tow
Truck Services (Police Department).
RESOLUTION NO. 2001-R0276
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for wrecker
services, between the City of Lubbock and Lubbock Wrecker Service of Lubbock,
TX., 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.
City Council Meeting
June 26, 2001
Page 484
Passed by the City Council this 26th day of June, 2001.
s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0276.
The following tow truck companies submitted proposals to the City of
Lubbock for Wrecker and Tow Truck Services:
♦ Lubbock Wrecker Service of Lubbock, Texas
♦ Independent Wrecker Service of Lubbock, Texas
A selection committee was appointed by the Police Chief to review and
rate the proposals submitted by the firms listed above. The committee
first met on June 11, 2001 when the proposals were distributed and
method of evaluation discussed. The committee used the basic
evaluation methods in the Evaluation Procedures for Competitive
Negotiation for Professional & Non -Professional Services of the City
Purchasing Department.
The evaluation criteria listed in the RFP and the criteria considered by
the committee included:
♦ Evidence that the proposer has trained personnel, reliable
equipment, and adequate office space and storage facilities
necessary to perform the work. (25 %)
♦ Substantial representations regarding the firm's qualifications,
demonstrated experience, and demonstrated capabilities
appropriate to providing these services as follows:
♦ Experience towing vehicles that have been involved in an accident
or have become disabled in the public right-of-way. (20%)
♦ Performance history on current or past commercial tow service
contracts or other governmental tow service contracts, including
City of Lubbock contracts. (20%)
♦ Qualifications, experience, length of employment with bidder,
and performance history of the management personnel
responsible for the day-to-day operations of the tow services.
(20 %)
City Council Meeting
June 26, 2001
Page 485
♦ Guaranteed monthly payment to the City of Lubbock by the
Contractor. (15%)
Each committee member submitted ratings after reviewing each
proposal. Lubbock Wrecker Service received a score of 96%.
Independent Wrecker Service's entire proposal consisted of the statement
"I propose it return to rotation, fair to all wrecker services in the City"
along with a copy of the RFP. Consequently, without being able to
apply the evaluation criteria listed above, the selection committee
considered the proposal from Independent Wrecker Service non-
responsive. The following background information is provided to help
explain why staff recommended a wrecker and tow truck service contract
rather than the rotation list method:
Until June 1998, the Police Department used a weekly rotation list of
five tow truck companies. The requirements for a tow truck company to
be on this list were for them to have four tow trucks and have a storage
facility. The other City Departments followed various procedures.
Some departments used the Police rotation list, some called a tow truck
company of their choice, and the City Garage maintained a list of tow
truck companies.
Over the past several years there have been changes which removed tow
truck regulation from local control. A Federal law became effective that
prohibited states and municipalities from regulating tow truck company's
prices and other services. The State of Texas also enacted legislation
prohibiting municipalities from regulating tow truck companies' prices
and services. The City of Lubbock subsequently changed its ordinance
to conform to the Federal and State Law.
The Federal government announced they had not intended to exclude tow
truck companies from State and Municipal control and the Federal law
was amended. The State of Texas continues to prohibit municipalities
from these specific tow truck regulations and the Railroad Commission
now handles tow truck regulation.
Numerous other circumstances over the years have shown us that
regulating tow trucks by State law or City ordinance has met with limited
success. In the last few years, state regulation of tow trucks has been
handled by three different state agencies, which have changed the rules
and requirements. The regulation and deregulation by the Federal and
State governments have resulted in many cases in poor quality of
services and equipment. Some drivers are not properly trained and
storage facilities are in poor condition. It was evident staff needed to
look at an alternative to provide improved tow truck service for the
citizens of Lubbock.
The Police Department conducted meetings with several of the tow truck
companies and did extensive research with other cities. This research
indicated that contracting with a single tow truck company for all City
business would be the best approach. A contract for these services
allows the city requirements to be met without requiring regulations for
all tow truck companies. The companies not under contract will only be
regulated by state law. The City Attorney's office has researched this
issue and believes contracting tow truck service to one company is
proper.
During the past three years, the wrecker and tow truck contract has
resulted in improved and professional service to citizens of the
community. In addition, payments made to the City by the tow truck
City Council Meeting
June 26, 2001
Page 486
company have helped offset expenses of enforcing tow truck regulations
and picking up abandoned vehicles.
Staff recommended contract award to Lubbock Wrecker Service of
Lubbock, Texas to perform Class I wrecker and tow truck services as
required for the City of Lubbock. Lubbock Wrecker Services will pay
the City $10,000 each month during the term of the contract. The term
of the contract is one year with an option to renew annually for up to
four additional years.
Victor Kilman, Director of Purchasing, represented the staff. City
Attorney Anita Burgess informed the staff that this allowed free choice to
the citizens and after that it was at the discretion of the officer at the
scene of the accident. Lieutenant Tom Mann of Police Department
stated the officer is required to give a citizen the opportunity to call the
tow truck service of their choice.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to pass on Resolution 2001-RO276 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item to be considered is Item No. 48.
(45.) Resolution No. 2001-RO271/BID 149-01/RS-Rewiring Gravity
Thickeners & Solids Handling Equipment at Water Reclamation
Plant #4 (Water Reclamation).
RESOLUTION NO. 2001-RO271
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for rewiring
gravity thickeners & solids handling equipment, by and between the City of Lubbock
and Brandon & Clark, Inc. of Lubbock, Texas, and related documents. Said Contract
is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 26th day of June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
City Council Meeting
June 26, 2001
Page 487
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this «Day» day of «Month» ,
«Year» , by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and BRANDON & CLARK, INC., of the City of Lubbock,
County of Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #149-01/RS - REWIRING GRAVITY THICKENERS & SOLIDS HANDLING
EQUIPMENT AT WATER RECLAMATION PLANT NO. 4 - $47,691.50
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Gerry Averett
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Karen R. Hudgens
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
BRANDON & CLARK, INC.
By: /s/ Roger Clakr VP
PRINTED NAME: Roger Clark
TITLE: VP
COMPLETE ADDRESS:
Brandon & Clark, Inc.
3623127
Lubbock, TX 79404
City Council Meeting
June 26, 2001
Page 488
This project involves rewiring the electrical equipment in the Solids
Handling Building at the Water Reclamation Plant. This is necessary
due to the deterioration of the existing wire and conduits because of the
harsh environment and wet location. This condition adversely affects the
reliability of the equipment and could present a safety hazard to the plant
operations personnel.
The low bid is $47,691.50 from Brandon & Clark Electric of Lubbock,
Texas and is within the System Capital Outlay -Wastewater Plant
Maintenance budget.
(46.) BID 151-01/RS-Post-Emergent Herbicide Application (Parks and
Recreation).
This bid will provide for the application of post emergent herbicide to
various City properties, parks and cemetery. The application of the
herbicide will control annual and perennial weeds and improve turf
health and appearance.
The low bid is $48,015 from D's Pest Control, Inc, of Lubbock, Texas
and is within the Park Maintenance -Capital Outlay budget.
(47.) Resolution No. 2001-RO272/RFQ #159-01/RS-Fmergency Purchase of
HDPE Pipe and Fittings (Water Utilities).
RESOLUTION NO. 2001-RO272
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
#159-01/RS for emergency purchase of HDPE pipe and fittings, by and between the
City of Lubbock and Onda-Lay Pipe & Rental, Inc., of Midland, 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 14th day of June, 2001.
/s/ WINDY SITTION
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-RO272.
This emergency purchase is for various sizes of high -density
polyethylene (HDPE) pipe to be installed by City personnel at the North
Avenue P Landfill. Quarterly monitoring detected the presence of
methane gas on the west side of the landfill that exceeded explosive
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City Council Meeting
June 26, 2001
Page 489
levels creating a threat to the health and safety of employees, citizens and
property. City personnel will construct and install a landfill gas
collection treatment system to correct the presence of methane levels.
The installation of this system is necessary to comply with Texas Natural
Resource Conservation Commission requirements. The current level of
methane gas has exceeded the permit and regulatory requirements
creating a threat to the health and safety of citizens and property.
The lowest quotation meeting the City's time requirements is $94,867.07
from Onda-Lay Pipe and Rental, Inc. of Midland, Texas and is within
the Methane Monitoring Project 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.
Next item to be considered was Item No. 19.
(48.) ORDINANCE #2001-00042-Amending Chapter 12 of the Code of
Ordinances of the City of Lubbock, Texas, with regard to public
health by amending article IX pertaining to smoking in public places;
regulating smoking in work places and regulating tobacco sales or
samples to minors and take appropriate action (second and final
reading) .
ORDINANCE NO. 2001-00042
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
PUBLIC HEALTH BY AMENDING ARTICLE IX PERTAINING TO SMOKING IN
PUBLIC PLACES; REGULATING SMOKING IN WORK PLACES; REGULATING
TOBACCO SALES OR SAMPLES TO MINORS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The current City of Lubbock Smoking Ordinance was passed in October
1987 and later modified in November 1995. On June 14, 2001 the City
Council heard the final report from the Chair of the Ad Hoc Smoking
Ordinance Committee, Tom Johnson. The Council acted on an
ordinance proposed by Councilman David Nelson and passed the
ordinance on the first reading by a vote of 4-3.
This ordinance will, in part, allow a 3-year phase in period for all
restaurants and will continue to allow smoking in bars, sports grills, and
bingo parlors. A second reading is required in order to enact the newly
approved smoking ordinance and begin the phase -in period.
Summary of Smoking Ordinance:
1. Prohibits smoking in most public places (with exceptions —bars
and sports grills).
2. Allows a three-year phase -in period.
3. All existing establishments will be smoke free after three years
unless individual establishments develop separately enclosed areas
ventilated to the outside for smoking.
4. Full service restaurants with separately enclosed and ventilated
areas for smoking are not to exceed 30% of the dining area.
,;.
City Council Meeting
June 26, 2001
Page 490
5. Bingo parlors existing before January 1, 2001 are exempt.
6. Bowling alleys must have separate and enclosed areas for
smokers.
7. Signs with specific language and size must be displayed at all
entrances to all buildings where smoking is allowed.
8. A permit or license allowing smoking will be required.
9. Other subsequent actions such as the definition of a sports grill
will need attention by Planning and Zoning.
Staff recommended approval, although it should be pointed out that
minor revisions are being considered and will be forwarded to Council as
soon as they are available.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson for the approval and adoption of the
previously approved ordinance that was voted on June 14, 2001 with the
following amendments: 1) Extend the three-year phase -in period to all
entities affected by this ordinance, not simply restaurants; 2) exempt
small single -employee businesses; 3) clarify the exemption for private
functions; 4) make consistent the exemptions for bars throughout the
city, including the airport; and 5) clarify that the Environmental
Inspection Systems Department or services department of the City
performs the enforcement of this ordinance and to pass on second
reading Ordinance No. 2001-00048 as recommended by staff. Motion
carried: 7 Yeas, 0 Nays.
Councilmember Patterson asked to call for the question. Mayor Sitton
called for the question. Motion did not carry: 3 Yeas; 4 Nays. Those
voting Nay were Councilmembers Morrison, Cooke, Hernandez and
McDougal.
After further discussion, Councilmember Patterson asked to call for the
question. Mayor Sitton called for the question. Motion carried: 4
Yeas; 3 Nays. Those voting Nay were Councilmembers Morrison,
Cooke and McDougal.
PUBLIC HEARING
ZONING
(49.) Ordinance No. 2001-00049/ZONE CASE NO. 2910 (2618-2620
Auburn): Hold a public hearing to consider request of Maggie Trejo
(for Community Housing Resource Board) for a zoning change from
R-2 to A-1 limited to three duplexes, on the South 132.5 feet of the
East 90 feet of Block 61 and the West 50 feet of the South half of
Block 62, Arnett -Benson Addition, and to consider ordinance.
ORDINANCE NO. 2001-00049
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2910; A ZONING CHANGE FROM R-2 TO A-1
LIMITED TO THREE DUPLEXES ZONING ON SOUTH 132.5 FEET OF THE
EAST 90 FEET OF BLOCK 61 AND THE WEST 50 FEET OF THE SOUTH HALF
OF BLOCK 62, ARNETT-BENSON ADDITION, LUBBOCK, TEXAS; PROVIDING
A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
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City Council Meeting
June 26, 2001
Page 491
Mayor Sitton opened the public hearing at 3:54 p.m. Randy Henson
appeared on behalf of the staff. No one appeared in opposition. Mayor
Sitton closed the hearing at 3:55 p.m.
The Planning Commission approved this request two months ago, after
which a notice error was discovered. Such an error voids a case,
resulting in this new start. Two buildings have been started as permitted
by the current zoning
The request is in a neighborhood zoned R-2 for duplex construction.
The area is a mixture of single family and duplex homes. The
Community Housing Resource Board owns two large lots, and proposes
three duplex units. The Board is a nonprofit group providing affordable
housing. In this instance the users will be seniors and each living unit
will be one bedroom for a single person or couple, the three buildings
will be comparable to two three -bedroom homes.
Adjacent land use is residential in all directions.
The proposal is reasonably consistent with the Comprehensive Land Use
Plan. Normally, A-1 in the middle of R-2 would not be good policy, but
this request limits the development to three duplex units and a small
common parking lot. The land area of the two lots (18,000+ square
feet) meets R-2 density requirements for three units (which is 6,000
square feet per duplex). The shape of the lot simply works better with
the proposed arrangement versus replatting into three lots. The staff
proposed the zone change versus replatting since CHRB wants to arrange
the three buildings in a manner to have a small common area in the
middle for yard and landscaping.
The proposal should have no effect on the thoroughfare system.
The staff continues to support the request as A-1 limited to three duplex
buildings.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition:
Development shall be limited to three duplex units with a common
parking lot.
The staff supports the recommendation of the Planning Commission
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2001-
00049 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(49.) Ordinance No. 2001-00050/ZONE CASE NO. 1947-D (northwest
corner of 32"d and Frankford Avenue): Hold a public hearing to
consider request of Michael R. Postar for a zoning change from A-1
to C-4 Specific Use for a self -storage facility on an unplatted 7-acre
tract of land out of Section 44, Block AK, and to consider ordinance.
ORDINANCE NO. 2001-00050
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1947-D; A ZONING CHANGE FROM A-1 TO C-4
SPECIFIC USE ZONING ON AN UNPLATTED 7-ACRE TRACT OF LAND OUT
OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY;
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City Council Meeting
June 26, 2001
Page 492
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 3:56 p.m. Michael Postar
appeared on behalf of his request. Randy Henson appeared on behalf of
the staff. No one appeared in opposition. Mayor Sitton closed the
hearing at 3:58 p.m.
The request would accommodate a mini -warehouse project.
Adjacent land uses:
North - vacant, zoned A-1
South - apartments
East - Lubbock Christian University property, zoned R-1
West - apartments
The proposal represents a change to the Comprehensive Land Use Plan.
The parcel proposed for the project is currently zoned A-1, and the Plan
indicates apartments as proposed land use.
As Specific Use for a commercial project, the proposal may fit the area
since apartments surround on three sides. The owner of at least some of
the adjacent apartments is in favor. The future of the LCU property to
the east is uncertain, at one time it was zoned for a golf course which did
not materialize. The approval from the Commission includes a
recommendation of a minor change to the Comprehensive Land Use Plan
for this parcel.
To review the guidelines contained in the Code for mini -warehouse
projects in a C-4 Specific Use permit:
Mini -warehouses in "C-4" . Subject to the following as minimum
conditions:
a. Limited to single -story structures.
b. Individual lease spaces shall not exceed 250 square feet.
C. The storage of goods, which are explosive, highly flammable, or
produce noxious odors shall be prohibited.
d. No mini -warehouse development lot shall abut a street which is
the boundary of an abutting "R-l" or "R-2" Zone.
e. A six-foot solid masonry fence, or the equivalent, shall be erected
and permanently maintained adjacent to any residential zone.
f. The mini -warehouse structures, when visible from any residential
parcel, or the fronting street of a commercial zone, shall be
constructed of material which is comparable in texture, color and
quality to adjacent buildings in commercial zones. Such detail
shall be specified on the site plan.
Three items were discussed in particular by the Commission:
This proposal is not consistent with "d" . The LCU property
remains zoned R-1 but is vacant. Frankford is a designated
north/south collector at this location. It may be upgraded to
thoroughfare status in the future with construction of the bridge at
Loop 289 and Frankford.
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June 26, 2001
Page 493
• The fence required in "e" was specifically discussed. Previous
projects have used the wall of the structure as the fence, which is
fully acceptable from the zoning code perspective. The
proponent is requesting metal panel walls versus the masonry
noted in the Code. This alternative to the solid masonry has been
approved in numerous other projects.
• The apartments in the area are combinations of brick and
masonite. This proponent uses metal panel construction on the
storage lockers and the screening fence, and the office is
normally of brick construction.
In previous cases, the guideline suggesting minimum C-4 landscape
requirements has been reshaped to require that all areas outside the walls
or fence be landscaped, although the area may not comprise five percent
of the parcel. The site plan notes landscaping on the entire perimeter.
The site plan also indicates a reduced setback on the three street fronts.
Since there is no adjacent commercial, the reduced setback should not be
a problem.
The proposal will not have a negative impact on the thoroughfare
system. In terms of traffic, the proposed mini -project will produce
significantly less traffic than an A-1 apartment project would. This
vicinity is already "apartment intensive".
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
1. Brick or split face block for the office.
2. Allowance for wrought iron fencing at the entrance on Frankford
and 32°d Street
3. Metal fence or building walls are allowed for the perimeter
screening fence.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2001-
00050 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(50.) Ordinance No. 2001-00051/ZONE CASE NO. 2912
(102,104,105,106,107 and 108 East 751h Street) : Hold a public hearing
to consider request of Steve and Barbara Manahan and Julian and
Nancy Martinez for a zone change from R-1 to R-1 Specific Use
(residential estates) on Lots 13 and 14, Block 1 and Lots 7, 8, 9 and
10, Block 2, Smithlawn Heights Addition, and to consider ordinance.
ORDINANCE NO. 2001-00051
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2912; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING ON LOTS 13 AND 14, BLOCK 1 AND LOTS 7, 8, 9 AND
10, BLOCK 2, SMITHLAWN HEIGHTS ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
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City Council Meeting
June 26, 2001
Page 494
Mayor Sitton opened the public hearing at 3:59 p.m. Barbara Manahan
and Julian Martinez spoke in favor of the zone change. No one appeared
in opposition. Mayor Sitton closed the hearing at 4:00 p.m.
The request would allow the owners of the two parcels in this relatively
undeveloped area of town to keep livestock. The RE District requires
that the residents live on the parcel to keep livestock. Numerous other
lots in this subdivision have nonconforming livestock on them.
Adjacent land use is residential in all directions; many of the adjacent
lots are vacant.
The proposal is consistent with the Comprehensive Land Use Plan in that
the RE is still residential. Although the original concept of RE was
designed to fit an entire "horse neighborhood", the residents in this case
were not able to find the owners of all the adjacent vacant property. The
proposal is consistent with zoning policy.
The proposal will have no effect on the thoroughfare plan.
The Planning and Zoning Commission recommended approval of this
request.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2001-
00051 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(52.) Ordinance No. 2001-00052/ZONE CASE NO. 934-F (5605 Villa
Drive): Hold a public hearing to consider request of Bob Jordan for
a zoning change from C-4 (limited to offices) to C-4 (limited to
gamerooms, bars and all unconditionally permitted C-3 Uses) on
Tracts E-35 through E-42, C.N. Hodges Resub Addition, and to
consider ordinance.
ORDINANCE NO. 2001-00052
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 934-F; A ZONING CHANGE FROM C-4 (LIMITED
TO OFFICES) TO C-4 ZONING (LIMITED TO GAMEROOMS, BARS AND ALL
UNCONDITIONALLY PERMITTED C-3 USES) ON TRACTS E-35 THROUGH E-
42, C.N. HODGES RESUB ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 4:01 p.m. Gerald Northcutt
appeared on behalf of Bob Jordan and owners of the Copper Caboose
relocation. No one appeared in opposition. Mayor Sitton closed the
hearing at 4:03 a.m.
The property was zoned years ago in a C-4 District with a provision that
the uses are limited to offices. The zoning for adjacent areas is C-4 with
no or different conditions. The proposal would allow the location to
operate as either a bar or a restaurant with a gameroom. The request
asks for only the two C-4 permitted uses and C-3.
Adjacent land uses are commercial in all directions.
City Council Meeting
June 26, 2001
Page 495
The proposal is consistent with the guidelines within the Comprehensive
Land Use Plan that C-4 should be located on an U.S. or State highway.
With an arrangement for adequate parking the proposal is consistent with
zoning policy. The property owner has a cross access and parking
easement filed of record on the land to the east.
The project should have little impact on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition:
Permitted uses shall be limited to gamerooms, bars and all
unconditionally permitted C-3 Uses.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 2001-
00052 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(53.) Ordinance No. 2001-00053/ZONE CASE NO. 2719-A (8001
University Avenue): Hold a public hearing to consider request of
Paul P. Fields (for Quick Quack Express Car Wash) for a zoning
change from C-2 to C-3 on Tract D, Oak Park Addition, and to
consider ordinance.
ORDINANCE NO. 2001-00053
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2719-A; A ZONING CHANGE
FROM C-2 TO C-3 ZONING ON TRACT D, OAK PARK ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 4:04 a.m. Paige Johnston
appeared on behalf of Quick Quack. No one appeared in opposition.
Mayor Sitton closed the hearing at 4:05 a.m.
The request is for zoning from C-2 to C-3 to allow a self-service drive
through car wash.
Adjacent land use is commercial in all directions.
The request is consistent with both Comprehensive Land Use Plan and
zoning policy. Several other car washes exist adjacent to this
intersection.
The proposal will have no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2001-
00053 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
City Council Meeting
June 26, 2001
Page 496
(54.) Ordinance No. 2001-00054/ZONE CASE NO. 2913 (north of 82n1
Street and east of Avenue P): Hold a public hearing to consider
request of Ed Bucy (for the City of Lubbock) for a zoning change
from R-1 to R-2 on unplatted LCAD tracts A-2-A, A-3-A, A-6, A-7,
A-7-1), A-7-C, A-7-B, A-7-C-1, A-7-A in Section 5, Block E and Lots
89-100, Winniewood Addition, and to consider ordinance.
ORDINANCE NO. 2001-00054
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2913; A ZONING CHANGE FROM R-1 TO R-2
ZONING ON UNPLATTED LCAD TRACTS A-2-A, A-3-A, A-6, A-7, A-7-D, A-7-
C, A-7-13, A-7-C-1, A-7-A IN SECTION 5, BLOCK E AND LOTS 89-100
WINNIEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 4:06 p.m. Ed Bucy and
Randy Henson appeared on behalf of the staff. No one appeared in
opposition. Mayor Sitton closed the hearing at 4:09 a.m.
The City of Lubbock acquired the lots from Avenue P to just west of the
Tahoka Highway during the widening of 82nd Street. The lots are part of
a subdivision developed outside the city limits with lots that front on 82nd
Street. With the designation of 82nd Street as a part of the thoroughfare
system, a plat with lots fronting the street would not be permitted today.
This rezoning is an attempt to make the lots marketable in a manner that
will comply with the Comprehensive Land Use Plan, allow development
of the parcels, and not detract from the function of the new street as a
major thoroughfare. Future attempts for strip commercial on these lots,
perhaps with the exception of a one -block length on the west and east,
should be discouraged. The lots are substandard in depth for commercial
development, and residential exists to the north across an alley.
Adjacent land uses:
North - single family
South - single family and some commercial. The city limits is 150 feet
south of the centerline of 82nd Street.
East - commercial
West - Avenue P
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policy. An adjustment to this zoning may occur on the west end
at 82n1 Street and Avenue P in the future because of the commercial on
the south side of the street. Development as duplex residences would
buffer the residential to the north and, with a proposed condition for the
parking arrangement, create the least disruption for the thoroughfare
function of 82" Street.
What happens on these lots will have a big impact on the smooth
function of 82n1 Street as a thoroughfare. The staff is proposing that one
driveway be allowed for each two duplex units (a shared drive) with
parking spaces designed in a manner that does not require backing into
82n1 Street. This will reduce the drive cuts by at least half and provide a
safer entry and exit procedure for the residents.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition:
City Council Meeting
June 26, 2001
Page 497
That one driveway be allowed for each two duplex units (a shared drive)
with parking spaces designed in a manner that does not require backing
into 82°d Street.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2001-
00054 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(55.) Ordinance No. 2001-00055/ZONE CASE NO. 2903-A (1081h Drive
west of University): Hold a public hearing to consider request of Burl
W. Masters (for Sunrise Development) for a zoning change from R-2
to R-1 Specific Use for garden homes and a reduced front setback on
lots 145-A through 200, Sunrise Estates Addition, and to consider
ordinance.
ORDINANCE NO. 2001-00055
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2903-A; A ZONING CHANGE FROM R-2 TO R-1
SPECIFIC USE ZONING ON LOTS 145-A THROUGH 2O0, SUNRISE ESTATES
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 4:10 p.m. Burl Masters
appeared on behalf Sunrise Development. No one appeared in
opposition. Mayor Sitton closed the hearing at 4:11 p.m.
The proponent is rezoning a row of duplex lots back to garden home.
Adjacent land uses:
North - residential
South - residential
East - residential
West - residential
The request is consistent with the Comprehensive Land Use Plan and
zoning policy. On four lots, adjacent to an "eyebrow" off the main
street, the request is for a reduced setback to five feet similar to the now
common five-foot minimum on cul de sac lots.
The project will have no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition:
A five-foot setback shall be permitted for any garage portions of
structures on Lots 157A, 158A, 196, and 197. A minimum of twenty
feet of front setback shall be required for any front entry garage portion
of structures on these lots.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2001-
00055 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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City Council Meeting
June 26, 2001
Page 498
(56.) Ordinance No. 2001-00056/ZONE CASE NO. 2832-A (northeast
corner of 82°1 Street and Avenue U): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for Lubbock
Land Company) for a zoning change from R-1 Specific Use to R-1
Specific Use for a reduced front and side setback on an unplatted
12.4 acre tract of land out of the southeast quarter of Section 4,
Block E.
ORDINANCE NO. 2001-00056
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND —
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2832-A; A ZONING CHANGE
FROM R-1 Specific Use TO R-1 SPECIFIC USE ZONING ON AN UNPLATTED
12.4 ACRE TRACT OF LAND OUT OF THE SOUTHEAST QUARTER OF
SECTION 4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 4:11 p.m. No one appeared
to speak in favor. No one appeared in opposition. Mayor Sitton closed
the hearing at 4:12 p.m.
The proposal is to rezone these lots from Specific Use for garden homes
to a Specific Use Permit allowing a twenty -foot front setback, a five-foot
side setback adjacent to Avenue U and on cul de sac lots, and minimum
4,000 square foot lots.
Adjacent land use:
North
- residential
South -
residential
East -
residential
West -
residential
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policies. The proposed standards and setback are less restrictive
than the current zoning would allow with the exception of the five-foot
setback adjacent to Avenue U. As noted in previous cases, since the rear
yard fences may be located with no setback, the code requirement for a
ten -foot side setback is somewhat irrelevant.
The project will have no effect on the thoroughfare plan.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
1. A twenty -foot front setback shall be minimum.
2. A five-foot front setback on cul de sac lots and a five-foot side
setback for lots adjacent to Avenue U shall be minimum.
3. Lots shall have a 4,000 square foot minimum.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 2001-
00056 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
• ;a
City Council Meeting
June 26, 2001
Page 499
(57.) Ordinance No. 2001-00057/ZONE CASE NO. 2914 (north of 741h
Street and east of Upland Avenue): Hold a public hearing to consider
request of Greg Garrett (for Morgan Baker) for a zoning change
from T to C-4 Specific Use for a secondhand or used car sales lot and
body shop with screened, outdoor storage on an unplatted 3.1 acre
tract out of Section 30, Block AK, and to consider ordinance.
ORDINANCE NO. 2001-00057
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2914; A ZONING CHANGE FROM
T TO C-4 SPECIFIC USE ZONING FOR A SECONDHAND OR USED CAR
SALES LOT AND BODY SHOP ON AN UNPLATTED 3.1 ACRE TRACT OUT
OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 4:13 p.m. Greg Garrett
appeared on behalf of Morgan Baker. Randy Henson gave staff
comments. No one appeared in opposition. Mayor Sitton closed the
hearing at 4:16 a.m.
The proponent owns a building that was within the area annexed in 1999.
The current use of the building is reconstruction and sales of wrecked
vehicles. The business has grown to include the need for an impound
area to store wrecked vehicles before they are repaired. The current
parcel is nonconforming for the body shop. An area to the east is in
contract for purchase to expand the business.
Adjacent land uses:
North - vacant
South - residential
East - residential
West - nonconforming commercial across Upland
The proposal is not consistent with the Comprehensive Land Use Plan
recently adopted for the annexed area. The proposed land use was
initially residential since the property is not within the forty -acre policy
area at the intersection of two major thoroughfares (Brownfield Highway
and Upland Avenue). There is no doubt that land uses in parts of the
annexed area do not conform to the principles of the Plan and that a
considerable amount of discussion and adjustment will be necessary as
time goes on.
The zone case is a heavier use than is normally supported adjacent to
residential areas. The use of the C-4 Specific Use Permit avoids the
need to use an industrial classification, which part of the proposed use
may come closer to by definition.
The outdoor storage area is proposed to be completely enclosed with a
solid fence.
The proposal will have no effect on the thoroughfare system.
Consideration of this request has two major perspectives to be discussed:
• The impact of the use on the residential to the south and east. There
have been no objections. That should be reflected from adjacent
residential owners. Had the project been accomplished before
annexation the adjacent owners would have had no say.
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City Council Meeting
June 26, 2001
Page 500
• Approval of this case will establish the fact that this lot and the
approximate 29 acres north to 66' Street will become commercial.
Amendment of the entire area to commercial on the Comprehensive
Land Use Plan is recommended. The area has a portion that will be
difficult to develop because of an old borrow pit and a low area that was
filled in an illegal manner. An equestrian center is on a large part of the
property, and all the area to the west of Upland is already commercial in
use and policy. Commercial development in the future may make the
drainage issues easier to cope with and more affordable with a better
return of investment than residential would produce.
Regarding zoning policy, there is a tendency for these lots to become a
scrap yard. The Commission discussed a number of conditions that will
help the lot to remain an impound only and not to become a parts yard or
scrap yard.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
1. Fully screened wrecked vehicle storage with no vehicle or parts
visible from adjacent property, or stacked above the fence.
2. No gate that opens to allow visibility of the yard from Upland.
3. That any auto carcass or parts not required for an immediate
reconstruction project be disposed.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2001-
00057 as recommended by staff with the recommendation that No. 3 be
changed to read: "3. That any auto carcass or parts not required for an
immediate reconstruction project be disposed of after a reasonable
amount of time, not to exceed 6 months." Motion carried: 7 Yeas, 0
Nays.
(58.) Ordinance No. 2001-00058/ZONE CASE NO. 1196-D (2202 Indiana
and 3409-3411 22°d Street): Hold a public hearing to consider request
of Parkhill, Smith and Cooper, Inc. (for First Bank and Trust Co.)
for a zoning change from C-2A and Rl to AM Specific Use for a
bank/office on Lots 2-6, Block 2, Squyres Place Addition, and to
consider ordinance.
ORDINANCE NO. 2001-00058
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 1196-D; A ZONING CHANGE
FROM C-2A AND R-1 TO AM SPECIFIC USE ZONING FOR A BANK/OFFICE
ON LOTS 2-6, BLOCK 2, SQUYRES PLACE ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 4:20 p.m. Kelby Sue
appeared on behalf of Parkhill, Smith and Cooper (for First Bank and
Trust Co.). No one appeared in opposition. Mayor Sitton closed the
hearing at 4:22 p.m.
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City Council Meeting
June 26, 2001
Page 501
The proposal is to rezone a parcel currently occupied by a small
shopping center that originally was a convenience store and two adjacent
residential lots to AM Specific Use as a bank.
Adjacent land uses:
North - Offices and parking
South - Offices
East - Indiana Avenue, with residential on the east side
West - existing residential
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policy. The property is in the AM Policy District between 19`h
Street and 24' Street, from Indiana to Quaker. As noted, the Specific
Use section of the zoning code has "savings and loan" as an entry, which
has functioned for both banks and savings and loans in previous zone
cases since deregulation removed the distinction between the two.
The proposed site plan indicates 59 parking spaces without counting the
four drive -through spaces. The normal AM requirement of 1/150 would
require 78 spaces, while "offices" in commercial districts have a 1/200
ratio. The proposed 59 spaces meets the 1/200 requirement for the
ground and second floor square footage. The request includes not
requiring parking for the 1,700 square foot basement that will be limited
to storage. A zoning condition that requires that the basement be used
only for storage of records will benefit the overall number of spaces
required, although the staff would be remiss if staff did not point out that
storage in a basement allows for square footage on the ground floor to be
used as "customer area". Nonetheless, the staff finds the proposal
suitable with a net ratio of 1/200.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
1. The basement shall be limited to record storage only, no office or
break room facilities.
2. A 1/200 parking ratio shall be permitted for the ground and
second floor area.
3. Any portion of the drive -through shall have a minimum of ten
feet of setback from 22" Street.
4. A minimum of a ten -foot setback from Indiana and a twenty -five-
foot setback from 22nd street shall be allowed for the temporary
office, not to be in place more than 12 months from the effective
date of this ordinance.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 2001-
00058 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 61.
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City Council Meeting
June 26, 2001
Page 502
SPECIAL
(59.) Hold a public hearing for consideration of the Community
Development Department recommendations for the funding of
programs for the FY2001-2002 Community Development Block
Grant (CDBG), Home Investment Partnership (HOME), and
Emergency Shelter Grant (ESG) funds.
Mayor Sitton opened the public hearing at 6:05 p.m. Nancy Haney
appeared on behalf of the staff. No one appeared in opposition. Mayor
Sitton closed the hearing at 6:15 p.m.
(60.) Resolution No. 2001-RO277 approving the recommendations made by
the Community Development Department regarding the FY2001-
2002 CDBG, HOME, and ESG allocations.
RESOLUTION NO. 2001-RO277
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby accepts the
recommendations for and reallocation of 2001-2002 CDBG, ESG and HOME grant
funds by the Community Development Department and all related documents. Said
recommendations 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 June, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Manager
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims
Assistant City Attorney
A copy of the recommendations is filed with Resolution No. 2001-R0277.
The U.S. Department of Housing and Urban Development informed the
City of Lubbock that the city is eligible to receive a fiscal year 2001
consolidated formula allocation of $4,666,000 to allocate this year. The
city received over 80 applications for CDBG, HOME and ESG funds
with requested amounts totaling over $6,700,000.
Lubbock citizens participated in this year's funding process through
neighborhood associations, community and business organizations, direct
participation and the Community Development and Services Board
(CDSB). In making the recommendation Community Development kept
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City Council Meeting
June 26, 2001
Page 503
in mind the goals of the City Council, the consolidated plan, the
identified needs of the neighborhoods, staff priorities, and the
recommendations of the provider groups.
The recommendation for spending federal dollars has been published
since June 10, 2001. This public hearing will allow citizens to directly
participate by addressing the City Council with comments. The
recommendation from Community Development is the following:
2001-2002 PROPOSED USE OF COMMUNITY DEVELOPMENT
RESOURCES BY GRANT
Amount
Agency project Recommended
Community Development Block Grant
Broadway Festivals Expanded 4" Corps $ 4,180
Black Chamber Entrepreneur Intervention $ 9,845
Boys & Girls Club Job Ready Program $ 19,500
Buckner's Children's Project ROCK $ 15,000
Buddy Holly Center SMART $ 20,000
Catholic Family Services Employment Training $ 45,000
Children's Advocacy Healing For Abused Children $ 20,000
Center
Christian Women's Job Job Training $ 26,900
Corps
City Of Lubbock Health Step Up To Health $ 2,500
Dept.
City Of Lubbock Parks Computer Learning Labs $ 38,000
City Of Lubbock Parks Summer Satellite Program $ 40,000
City Of Lubbock Parks
Rec Action
$0
City Of Lubbock
Weather Radios
$0
Emergency Operations
Communities in Schools
Empowerment & Employment
$ 45,000
Cotton Kings
Mobile Hockey
$0
Cotton Kings
Kids On Ice
$0
Early Learning Centers
Child Care
$ 40,000
Guadalupe Parkway
Summer Blast
$ 16,159
LEARN
Project RISE
$0
Lubbock Area Coalition
Literacy Outreach
$ 6,000
for Literacy
Lubbock Baptist
My Father's House
$0
Association
LUNA
Achieving the Goal
$0
LUNA
Neighborhood Revitalization
$0
503
City Council Meeting
June 26, 2001
Page 504
MADD
Youth In Action
$0
March of Dimes
Stork's Nest
$ 17,000
MHMR
Family Hope
$0
New Zion
Drug Prevention
$0
100 Black Men of West
Rites of Passage Boxing
$ 35,431
Texas
Planned Parenthood
Prevention Education
$0
Prevent Blindness
Glaucoma Screening
$ 10,250
SPARC
Dental & Vision Care
$ 10,000
Victory Church
Outreach
$0
YWCA
Child Care
$ 40,000
YWCA
Health Initiative
$ 6,670
YWCA
Challenger
$ 11,665
YWCA
Micro -Business Apprentice
$0
Program
YWCA
Volunteer Caregiver
$ 9,900
Broadway Festivals
Renovation
$0
City Of Lubbock CD
Barrier Free Program
$150,000
City Of Lubbock CD
Economic Development
$181,199
City Of Lubbock CD
Emergency Repair
$150,000
City Of Lubbock CD
Exterior. Home Improvement
$100,000
City Of Lubbock CD
LAZIP
$0
City Of Lubbock CD
Micro -Enterprise Loans
$ 50,000
City Of Lubbock CD
North University Redevelopment
$0
City Of Lubbock CD
Residential Rehab
$400,000
City Of Lubbock CD
Sidewalk
$125,000
City Of Lubbock CD
WASAP
$ 50,000
City Of Lubbock EIS
Salary Reimbursement
$165,000
City Of Lubbock Parks
Trees
$ 7,500
City Of Lubbock Parks
Senior Center Renovation
$0
City Of Lubbock Parks
Sand Volleyball
$0
Guadalupe/Parkway
Renovation
$ 25,000
Neigh. Centers
Lubbock Housing Child Care Center Renovation $0
Authority
Lubbock Housing Down Payment & Closing Costs $ 75,000
Finance Corporation
MLK Memorial Project Sidewalks $0
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City Council Meeting
June 26, 2001
Page 505
SORCA
16°i & X
$ 7,800
SORCA
Orchard
$0
SORCA
Sidewalks
$0
SORCA
Trees
$0
South Plains Food Bank
Renovation
$ 7,750
YWCA
Renovation
$110,000
City Of Lubbock CD
Housing Delivery
$554,997
City Of Lubbock CD
Indirect Costs
$ 95,000
City Of Lubbock CD
CDBG Administration
$516,754
Total CDBG
$3,260,000
HOME Investment Partnership Program
City Of Lubbock CD
Reconstruction
$ 500,500
City Of Lubbock CD
New Construction
$ 300,000
Community Housing
Elderly Housing
$ 32,475
Resource Board
Community Housing
Lease Purchase(CHDO Project)
Resource Board
$ 174,750
Community Housing
Operations
$ 44,875
Resource Board
Hide -Away -Village
Renovation
$0
West Texas Community
Affordable New Homes
$ 93,025
Impact Corp
West Texas Community
Operation
$ 19,875
Impact Corp
City Of Lubbock CD
HOME Administration
$ 129,500
Total HOME
$1,295,000
Emergency Shelter Grant
Alcohol Recovery Center
Operations
$ 1,554
ASK House
Operations
$ 2,886
Interfaith Hospitality
Operations
$ 888
Salvation Army
Operation
$ 5,772
Salvation Army
Homeless
$ 33,300
Prevention
ASK House
Essential
$ 1,050
Services
Salvation Army
Essential
$ 24,750
Services
Women's Protective
Essential
$ 7,500
Services
Services
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City Council Meeting
June 26, 2001
Page 506
Alcohol Recovery Center Rehab $ 4,500
Interfaith Hospitality Rehab $ 7,000
MHMR Rehab
WPS Rehab $ 9,500
City Of Lubbock CD ESG $ 5,550
Administration
Total ESG $111,000
Staff recommended that the City Council accept the Community
Development funding recommendations for FY 2001-2002.
Motion was made by Councilmember McDougal, seconded by
Councilmember Hernandez to pass Resolution No. 2001-RO277 in the
amounts as recommended by the Community Development Department
with exception of South Plains Food Bank, Broadway Festivals,
Communities in Schools and 100 Black Men of West Texas. Motion
carried: 7 Yeas, 0 Nays.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass Resolution No. 2001-RO277 in the
amounts as recommended by the Community Development Department:
100 Black Men of West Texas. Motion carried: 6 Yeas, 1 Nays.
Councilmember Hernandez voted Nay.
Motion was made by Councilmember Morrison, seconded by
Councilmember Hernandez to pass Resolution No. 2001-RO277 in the
amounts as recommended by the Community Development Department:
Broadway Festivals. Motion carried: 6 Yeas, 0 Nays. Councilmember
McDougal recused himself.
Motion was made by Councilmember Morrison, seconded by
Councilmember Hernandez to pass Resolution No. 2001-RO277 in the
amounts as recommended by the Community Development Department:
Communities in Schools. Motion carried: 5 Yeas, 0 Nays.
Councilmember McDougal and Councilmember Patterson recused
themselves.
(61.) Consider two appointments to the Civic Lubbock, Inc. Board of
Directors.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Gertie Jeter and Eusebio Moralez
to the Civic Lubbock, Inc. Board of Directors. Motion carried: 7 Yeas,
0 Nays.
(62.) Consider one appointment to the Culture and Arts Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Kerrie Sessions -Griffith, to the
Culture and Arts Commission. Motion carried: 7 Yeas, 0 Nays.
(63.) Consider one appointment to the Public Transit Advisory Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Ronald Phillips to the Public
Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays.
4:30 P.M COUNCIL RECESSED
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City Council Meeting
June 26, 2001
Page 507
6:00 P.M. COUNCIL RECONVENED
Next item to be considered is Item No. 59.
6:40 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Sitton
adjourned the meeting.
Read and approved this day of 12001.
/s/ windy sitton
WINDY SITTON, MAYOR
ATTEST:
Rebec a Garza, City Secretary
507