HomeMy WebLinkAboutMinutes - City Council - Regular - 4/27/2000CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
April 27, 2000
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 27`h
day of April, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:37 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember
David Nelson
CITIZEN COMMENTS
No citizens appeared to express comments to the Council.
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, City Secretary); deliberate, vote and
take final action on electric rates of Lubbock Power and Light (Electric
Utilities); pending or contemplated litigation (Engineering, Finance,
Lubbock Power and Light, Police Department); and personnel matters
regarding duties, responsibilities, and/or appointments (Boards and
Commissions).
7:39 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager, City Secretary).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086 to deliberate, vote and take final action on
electric rates of Lubbock Power and Light (Electric Utilities).
( 3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Engineering, Finance, Lubbock Power and Light, Police
Department).
( 4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Appointments Advisory Board
Building Board of Appeals
Citizens Traffic Commission
Community Development and Services Board
Culture and Arts Commission
Keep Lubbock Beautiful Advisory Committee
Public Transit Advisory Board
City Council Meeting
April 27, 2000
Page 262
9:39 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
( 5.) Update on Project Impact by Jim Bertram, Director of Strategic
Planning.
The City of Lubbock recently joined a growing number of cities
throughout the United States to develop and implement "Project Impact."
This joint effort between the Federal Emergency Management
Association (FEMA), State Emergency Management Division (DEM)
and local communities is to build disaster resistant communities by
increasing the likelihood that communities and businesses will survive
and recover from disasters.
The development of Project Impact will progress through several stages
as follows:
1. Select Advisory Team. A 24 member Project Impact Advisory
Team has been appointed to direct the preparation of plans for
Project Impact (attached). In addition to certain members of this
team receiving training by FEMA, this team has also been
primarily involved in developing a draft strategic plan for Project
Impact.
2. Project Impact Training. The contract has been executed between
the City of Lubbock and FEMA to provide training for ten
members of the Advisory Team on the background and process of
implementing Project Impact. Ten team members recently went
through training at the Emergency Management Institute in
Emmitsburg, Maryland and at Mt. Weather, Virginia.
3. Develop Strategic Plan. During the last two months, the
Advisory Team members have been involved in developing a
draft strategic plan for implementing Project Impact. The rough
draft of this plan was completed this week and will be used as the
basis for a public meeting on May 11, 2000.
4. Conduct Community Meeting. On May 11, 2000, at 7:00 p.m. a
Public Meeting will be held at the Memorial Civic Center to
introduce Project Impact to the community as a whole and to get
input for completion and development of a strategic plan to carry
out Project Impact in the community. In the draft document
prepared thus far, seven strategic issues, goals, and numerous
strategies will be presented to the public for open discussion.
Following the public meeting on May 11, public comments will be
incorporated in the Project Impact Strategic Plan and it will be finalized
and submitted to FEMA as a basis for an agreement, with a proposed
signing ceremony to be set within 30-45 days of May 11.
The planning process set forth in Project Impact is a great opportunity to
raise the level of public awareness in both the individual and
governmental responsibilities in making our community more "disaster
resistant." At a minimum, the issue of planning and funding the proper
advance alert system for natural or man-made disasters should be
thoroughly discussed.
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In addition to updating the City Council on Project Impact, another
primary purpose of this work session item was to begin letting the public
know about the May 11, 2000 Project Impact Public Hearing in the
Memorial Civic Center.
10:03 A. M. WORK SESSION RECESSED
10:37 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Victor Hernandez,
Councilmember Marc McDougal, Councilmember David Nelson,
Councilmember T. J. Patterson; Bob Cass, City Manager; Anita
Burgess, City Attorney; and Kaythie Darnell, City Secretary
Absent: None
Mayor Sitton called the meeting to order at 10:37 A. M.
( 6.) Father Rudolf Crasta of Our Lady of Grace Catholic Church gave
the invocation.
( 7.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
CITIZEN APPEARANCES
( 8.) Presentation of a proclamation for "Lady Raider Day" to the Texas
Tech University Lady Raider Basketball Team in honor of their
outstanding season.
Because of the Texas Tech University Lady Raider Basketball team's
outstanding 1999-2000 athletic season, a proclamation was delivered
proclaiming April 27 as "Lady Raider Day." This Lady Raider team
was not expected to excel during this season's Big 12 Conference
competition. Despite the predictions, the Lady Raiders won their third
consecutive Big XII Conference regular season title.
The Lady Raider's season record was 28 wins with only 5 losses, and
they reached both the Sweet 16 and the Elite Eight in post season
tournament play. In addition, Lady Raider fan attendance for this
season's schedule was the second highest in the nation, averaging 12,741
fans per game.
The Lady Raider coaching staff was present to accept the recognition:
Marsha Sharp, Linden Weese, Roger Reding, Lance White, and Melissa
Maines. A banner proclaiming Lady Raider Day was presented in
addition to the proclamation during the City Council meeting.
( 9•) Presentation of a proclamation to the Lubbock County Bar
Association recognizing May 1-5, 2000 as Law Week.
Each year the Lubbock County Bar Association sponsors activities and
efforts that help educate and create an awareness of the laws and the
judicial system in the United States. In addition to the United States
Constitution and the Bill of Rights, the overall judicial process helps
protect our rights as individuals in a free society. Beyond public
awareness events, during Law Week attorneys volunteer time to visit
schools and discuss the judicial system and the law with area students.
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This is the 43" annual national observance of Law Week. Judge Quinn
and Fernando Bustos were present and accepted this proclamation on
behalf of the Lubbock County Bar Association.
This proclamation recognizes the contributions of the Lubbock County
Bar Association in helping educate and create an awareness of the laws
and the judicial system in the United States.
(10.) Presentation of a special recognition to YWCA recognizing April 27,
2000 as the National Day of Commitment to Eliminate Racism.
The YWCA of America recognizes that its collective power across our
nation can be used to aid in the elimination of racism. The YWCA of
Lubbock has dedicated itself to sponsoring programs and a dialogue
across races, celebrating our differences and lessening discrimination. In
conjunction with the national efforts, the YWCA Racial Justice
Committee will sponsor a panel discussion, "Women's Voices: A
Dialogue on Racism," at Mahon Library from 5:30 to 7 p.m. on April
27, 2000.
Melisa Roberts, Immediate Past President of the YWCA, and Marlene
Hernandez, Chair of the Racial Justice Committee, were present to
accept this special recognition.
This special recognition recognized the contributions of the Lubbock
YWCA in initiating a program to end racism in Lubbock and the United
States.
(11.) View the Community Development video highlighting federally
funded projects and present a proclamation for National Community
Development Week and Fair Housing Month.
The Community Development Block Grant (CDBG) program, working
locally to address complex community problems, was signed into law on
August 22, 1974, by President Gerald R. Ford. These federal funds,
along with Emergency Shelter Grant and HOME Investment Partnership
Program funds, are provided to the City annually for a variety of
community development uses. Street and sidewalk improvements, start-
up business loans, rehabilitation of housing for low-income families, job
training, literacy and youth projects, homeless shelters and affordable
housing are just some of these uses.
This year, the City of Lubbock will join cities across the nation in
celebrating the 26 h Anniversary of CDBG during National Community
Development Week, April 24-28, 2000. The theme for this year's
celebration is "People Strengthening Communities Strengthening
People." This 26'h Anniversary will highlight the accomplishments that
have occurred during the past year in Lubbock.
The City also will declare April 1-30, 2000, as Fair Housing Month.
The Fair Housing Act is a federal law that prohibits discrimination in
certain real estate and bank transactions on the basis of race, creed,
national origin, gender, familial status or religion.
The festivities for the City's CD Week include the following:
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Monday- Friday 8:00 a.m.-5:00 p.m. CD Week Display with CD Video
April 24-29 1" Floor, City Hall
Wednesday 11:30 a.m.-1:30 p.m. CD Week Awards Luncheon
April 26 Civic Center Banquet Hall
Thursday 10:30 a.m. City Council Proclamation
April 27 City Council Chambers
1:00 P.M. Trolley Ride
Leaves from City Hall to view
successful projects in the targeted
areas.
(11A.) Presentation of incentive awards-- the March and April Legendary
Service Star Awards
The March Legendary Service Star Award for exemplary customer
service was presented to Darrel Foster, service department foreman for
LP&L. A local citizen complimented Darrel for his prompt and helpful
service. After receiving no response from another company, the citizen
called LP&L about a fallen tree blocking the alley. In 20 minutes the
problem was taken care of. The lady was so impressed that she switched
to LP&L and was signed up on the spot. The citizen is glad to be able to
deal with LP&L one-on-one and feels that LP&L employees are doing a
wonderful job. Darrel has been with the City of Lubbock and LP&L 22
years.
The April Legendary Service Star Award went to three employees of the
City of Lubbock Police Department. These individuals were named in
an Avalanche -Journal "Letter to the Editor" as "angels living in
Lubbock." A citizen was a victim of a purse -napping at a local grocery
store. She commended Officer Michael Scott as "professional,
comforting and helpful." Corporal Terry Sansing and Secretary Marsha
Stevens in Property Crimes also provided helpful assistance. Cpl.
Sansing has been on the force 17 years and Officer Scott one year.
Gold stars, certificates and $50 dinner gifts were awarded to the
Legendary Service Star Award recipients.
TOP TEN LIST
Councilmember David Nelson presented his "Top Ten List of
Positive Things About Lubbock".
No. 10 is Learn, Inc. LEARN Inc., is a nonprofit education
organization established for the sole purpose of aiding financially
deprived students with funds to continue post secondary education and or
training. LEARN, Inc. provides such services as:
Counseling students about vocational, academic and career
opportunities,
Obtaining information on educational programs chosen by the
individual student,
Assisting in the application process for admissions, ACT/SAT
registration, housing and financial aid, and
Referring students to other community agencies and resources.
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In addition it is an educational support program designed to help at risk
Th and 8t' grade students to succeed in school. It also it serves adults in
Lubbock and the surrounding counties, by offering information,
assistance, and counseling to adults on educational and career
opportunities. The services for these programs are FREE. The offices
are located at 2161 50' Street.
No. 9 is United Neighborhood Association. Lubbock's United
Neighborhood Association, affectionately known as LUNA, is our
community's umbrella organization to assist and facilitate the 36
neighborhood associations within the City of Lubbock. This
organization enables each neighborhood association to communicate with
their residents through newsletter publication, coordinates the community
gardening program in each neighborhood and facilitates the holding of
events of interest, for example, concerts in the park and town hall
meetings, in each of the neighborhoods. This valuable organization
provides a large part of the glue that makes Lubbock one big
neighborhood.
No. 8 is Basketball - Past, present and future. Ever since their
dominance of the Border Conference Basketball competition, the Texas
Tech basketball team has had a reputation throughout the country as
being a dominant force to be reckoned with. From their numerous
conference titles in both the men's and women's programs in the
Southwest Conference, to the Lady Raider basketball team's dominance
of the new Big 12 Conference, Texas Tech's past basketball
accomplishments have been legion. As evidenced by this year's Lady
Raider basketball team's accomplishments as reflected in their 28 and 5
season, advancing to the Elite 8 in the NCAA post -season tournament
and averaging 12,741 fans per game, Texas Tech's present-day
basketball program is considered among the best in the country. With
the outstanding recruiting efforts of both the women's and the men's
teams, the opportunity to play in the 15,000 seat United Spirit Arena and
the indomitable spirit of these programs, the future of Texas Tech
basketball looks even brighter.
No. 7 is Bar Association. Since 1902 Lubbock has benefited from an
organization of practicing attorneys here in Lubbock. Now with over
600 attorneys comprising the membership of Lubbock County Bar
Association, three of whom having been President of the State Bar of
Texas Association, and with the Texas Tech School of Law providing a
foundation for the Texas practitioner and an outstanding academic
reputation, Lubbock is looked upon throughout the state as being at the
forefront of the legal profession. As reflected earlier, we salute the
Lubbock County Bar Association and join in the recognition of Law Day
and Law Week during the first week of May.
No. 6 is Oxymoronic. Certainly you have heard Lubbock described as
an arid oasis and perhaps a city comprised of visionary conservatives.
These seemingly incongruent terms aptly describe what we in Lubbock
have known forever. Where else can you produce a $10 billion
agricultural crop annually on 18 inches of rainfall a year, without the
advanced technology of 21S` century irrigation techniques and the tried
and true persistence of our farm community, but in Lubbock, Texas.
Where else can you envision your city being a music mecca, a major
entertainment venue for music and Broadway theatrical productions,
building on the agrarian history of this region into the largest cotton -
producing area in the United States, recruiting and creating new jobs,
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and taking Texas Technological College from its origin in 1923 to a tier
1 research university, but in Lubbock, Texas.
No. 5 is Camp Echo. The Lubbock United Neighborhood Association is
giving a vote of confidence to our young people this summer by creating
a new youth project called Camp Echo. Echo is an acronym for Every
Child Helps Out. The free camp will take place the last week of June at
Clapp Park, and will cover topics such as recycling, graffiti removal,
landscaping, clean-ups, and community gardens. Different
neighborhoods will host the camp for the next three years. With
additional support from the Junior League of Lubbock, this project has
high hopes of reaching out to Lubbock's youth.
No. 4 is Kind Services (In Kind Services). Each year your city works
closely with non-profit and civic organizations to provide in -kind
services for those organization's special events, such as the Depot
District's Run for the Arts, the Fiesta del Llano's 16'h of September
celebration and the Broadway Festival's 4t' on Broadway Independence
Day Parade and activities. Without this in -kind services support for both
existing events as well as new events, Lubbock would not be able to
provide mostly free entertainment opportunities and fund-raising
opportunities for these charitable and civic organizations.
No. 3 is Youth Health Concerns. Yesterday over 300 students from six
high schools in Lubbock held a town hall meeting to express their
concerns about health issues in the City of Lubbock. Facilitated by the
Lubbock Health Department, with assistance from the Texas Department
of Health, those students shared concerns about health issues affecting
them, such as tobacco use, violence and teen suicide, alcohol and
substance abuse and physical inactivity. The dialogue between elected
officials, experts in those fields of health issues and those students
reflected a growing awareness on the part of our community as a whole
of issues affecting the health and safety of our young people, a
reassurance that Lubbock is blessed with bright, articulate and innovative
young people who are concerned about their schools and their
community, and that Lubbock is willing to consider and assist in ways to
make the future of our city —the youth of Lubbock, Texas - healthier and
more productive citizens.
No. 2 is Expansion of local businesses. With the planned expansion by
115 new jobs of Cox Communications of West Texas, a total of 344 new
jobs will be created by local businesses expanding their operations as a
result of a prosperous economic environment in the City of Lubbock.
The other three businesses announcing expansions are Westex
Manufacturing - 92 jobs; TechTel Communications - 72 jobs; and
Iwantacar.com - 65 jobs. Statistics have shown that well over two-thirds
of a community's economic development and job growth is the result of
already -established local businesses expanding in a successful business
climate. Our economic development entities - Market Lubbock, Inc.,
the Lubbock Chamber of Commerce, the Hispanic Chamber of
Commerce, the Black Chamber of Entrepreneurs and Reese Reuse
Authority deserve credit for fostering an expansive business environment
in Lubbock.
No. 1 is Storms - TTU's 3 R's. This time of year West Texas is known
to experience turbulent weather. High wind and hailstorms are not
peculiar to Lubbock, Texas, however, the Wind Engineering Department
at Texas Tech University and its auxiliary program at Reese Reuse
Authority, is the leading authority in the United States, and perhaps the
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world, in this area. Their extensive research into tornadic and hurricane
force wind effects has produced construction materials that have proven
to be resistant to the violent affects of tornadoes. The reputation of
Texas Tech's Wind Engineering Center is unparalleled in both the
academic and meteorological societies. When it comes to turbulent
storms, Texas Tech University's 3 R's of Research, Resistant Structures
and Reputation put Lubbock in the spotlight of the world.
CONSENT AGENDA (Items 12-23)
Victor Kilman, Purchasing Manager, stated that Item 22 on the agenda,
Bid #00-046, Items 7 and 23 had tie bids. The tie bids were considered
at this time.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve all items on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(12.) Approval of the minutes of the Regular City Council Meeting of
April 6, 2000.
(13.) Ordinance No. 2000-00021 abandoning and closing an underground
utility easement in Lot 8, Block 3, Burlington Industrial Addition
No. 2, an addition to the City of Lubbock (108 East 42nd Street) (first
reading).
ORDINANCE NO.2000-00021
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND
UTILITY EASEMENT LOCATED IN THE BURLINGTON INDUSTRIAL
ADDITION NO. 2 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
WHICH IS 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.
A 15-foot underground utility easement is located along the west 15 feet
of Lot 8, Block 3, Burlington Industrial Addition No. 2. This ordinance
abandons and closes this easement on Lot 8 since it is being replatted
along with Lot 7 and is no longer needed.
The Right -of -Way Department recommended the first reading of this
ordinance.
(14.) Ordinance No. 2000-00022 amending Chapter 17 of the Code of
Ordinances with regard to the operation and procedures of the
Lubbock Municipal Court of Records (first reading).
ORDINANCE NO. 2000-00022
AN ORDINANCE AMENDING SECTION 17-2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
OPERATION AND PROCEDURES OF THE LUBBOCK MUNICIPAL COURT OF
RECORD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The 76th Legislature completely revised the State's municipal court of
records laws in 1999, which rendered certain references to state law in
the City of Lubbock's City Code obsolete with regard to the Municipal
City Council Meeting
April 27, 2000
Page 269
Court. This amendment will conform those references to the current
law.
In the interest of avoiding this happening again in the future, the
references were broadened from specific sections to chapters and codes.
These changes will have no substantive effect on the Municipal Court
and will not change its operations or procedures, but will merely correct
statutory authorization references contained in the Code of Ordinances.
The City Attorney's Office and the Municipal Judge recommended
approval of this ordinance.
(15.) Resolution No. 2000-RO112 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock an Economic
Development Initiative —Special Projects application and all related
documents between the City the ubbock and the Housing and American Wind Power Center Urban
Development Department for
RESOLUTION NO.2000-RO112
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE anod is her eby k, authorized
and
Economic
directed to execute for and on behalf of application, by and between the City of
Development Initiative -Special Projects app
and the Housing and Urban Development Department fora tachedehereto and
rican Wind
Lubbock a application Power Center, and all related documents. Said p
incorporated
in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by City Council this 27 h day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Ka thie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Han C
Nancy Haney,
ommunty
Development Manager
APPROVED AS TO FORM.
/s/ Am Sims
Amy Sims, Assistant City Attorney
- application is filed witloment h Resolution No. 2000-R0112. has given
A copy of the p (HUD)
t of Housing and Urban Deve
The Department r a $350,000 allocation to the American Development
preliminary approval for Community
The City of Lubbock's rant. The
power Center. purposes of this g
Department will serve as the Gub granteethe p P
Wind Power Center will be
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Page 270
Congress allocated these funds for the Wind Power Center. This
application is a follow up to this allocation in order to draw down the
funds. These funds will be used for the operation of the facility, and to
assist with the construction of the interpretative center. The use of the
funds is designed to be flexible in order to allow the project to move
forward.
Community Development recommended the approval of this application.
(16.) Resolution No. 2000-RO113 authorizing the Mayor to execute an
amendment to an interlocal agreement with the Lubbock Emergency
Communications District.
RESOLUTION NO. 2000-R0113
WHEREAS, the City of Lubbock did enter into an Interlocal Agreement with
Lubbock Emergency Communication District ("LECD") on April 6, 2000 for the
provision of enhanced 9-1-1 emergency service to the citizens of Lubbock; and
WHEREAS, City and LECD are desirous of amending the said Agreement to
provide for the establishment of an additional Public Safety Answering Point (PSAP
and the installation of related equipment; and )
WHEREAS, the LECD Board of Managers and the City, pursuant to
provisions of the Interlocal Cooperation Act, Texas Government Code Chapter the
p
et.Seq., as amended, have determined that it would be in the best interests oLECD
and City and of the citizens and inhabitants of Lubbock County, Texas f the LECD
the establishment of an additional Public Safety AnsweringPoint to provide for
t PSAP) and the
installation of related equipment; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
directed to execute on behalf of the City of Lubbock th
Agreement which shall be spread upon the minutes o is authorized and
the minutes of this Council shall upon
e Amendment s Interlocalupon
f the Council and ti spread upon
copied herein in detail. to and be a part of this Resolution as if fully
Passed by City Council this 27t' day of April, 2000.
ATTEST:
/s/ Ka thie Darnell
Kaythie Darnell, city Secretary
APPROVED AS TO CONTENT:
/s/ Steve Haile
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ John M. Kni ht
John M. Knight,
Assistant City Attorney
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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A copy of the Agreement is filed with Resolution No. 2000-RO113.
On April 6, 2000, an interlocal agreement with the LECD was approved
to provide for Public Safety Answering Points (PSAP) and the
installation of related equipment. This amendment will provide for an
additional PSAP, to be located in the new Fire Department
Administration Complex when it is completed this year.
Staff recommended approval of this amendment to the interlocal
agreement.
(17.) Resolution No. 2000-RO114 establishing a salary for the upcoming
term of office of the Judge of Division One of the Lubbock Municipal
Court of Record.
RESOLUTION NO.2000-RO114
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to establish a salary for the upcoming
term of office of the Judge of Division One of the Lubbock Municipal Court of Record;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the annual salary for the Judge of the Municipal Court of Record for the
2000-2004 term of office shall be as follows:
JUDGE, DIVISION 1: $84,000.00 SALARY
Passed by City Council this 27'' day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
This particular item will set the salary of the Municipal Court Judge.
— The compensation may not be changed after a candidate begins his term,
so it is necessary to enact this resolution prior to the May 6 election.
Staff recommended approval.
(18.) Resolution No. 2000-RO115 authorizing the Mayor to execute an
amendment to the February 24, 2000 industrial tax abatement
agreement with X-FAB Texas to include tangible personal property.
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RESOLUTION NO.2000-RO115
WHEREAS, the City of Lubbock and X-FAB Texas heretofore on February 24,
2000, entered into a tax abatement agreement; and
WHEREAS, the parties to said tax abatement agreement desire to amend said
agreement in accordance with Sections 312.204 and 312.208 of the Tax Code to include
tangible personal property; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to a Tax
Abatement Agreement and all related documents by and between the City of Lubbock
and X-FAB Texas, 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 City Council this 27' day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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 Amended Agreement is filed with Resolution No. 2000-RO115.
The City Council approved a ten-year declining scale tax abatement for
the renovation of the X-FAB facility on February 24, 2000. Since that
time, the City of Lubbock has received an application for industrial tax
abatement for machinery and equipment from X-FAB Texas, Inc. to
expand their production capacity at 2301 North University Avenue, in
the North Enterprise Zone.
X-FAB has been approached with additional business opportunities and
in order to take advantage of them they will have to expand their
production capacity. X-FAB is planning a two-phase expansion that will
take place over the next 12 to 36 months.
The first phase of the expansion will begin in February 2000 and be
completed by December 2000. X-FAB will expand their monthly
capacity from 10,000 wafers to 20,000 wafers in this phase to meet the
long-range demand for a specific customer. The investment will be
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approximately $4.6-$12 million in new equipment. X-FAB will create
85 new jobs with an estimated annual payroll of $2.25 million.
The project meets the Industrial Tax Abatement Policy and Guidelines
minimum of $2,000,000 of personal property assessed valuation or 25
new permanent jobs. Market Lubbock considered this application at its
March 8, 2000 Board Meeting and has recommended a 5 year, declining
scale tax abatement for the machinery and equipment for X-FAB. The
abatement amount for the City of Lubbock based on the maximum
investment of $12 million would be approximately:
Year 1
100 %
$69, 600
Year 2
80%
$55,680
Year 3
60 %
$41,760
Year 4
40 %
$27, 840
Year 5
20 %
$13 , 920
The total city abatement over the life of the contract for the machinery
and equipment at the maximum investment would be $208,800. The
total county abatement for the machinery and equipment over the life of
the contract would be $107,309.
Rather than preparing and executing a totally different contract, staff is
recommending that the existing contract be amended, executed on
February 24, 2000 by the City Council, to add the tangible personal
property. The base year will be the same and it would be less confusing
to have one contract rather than two.
The project will add $4.6 million to $12 million in new value to the tax
base in the North Enterprise Zone and will create 85 new jobs.
Under the current guidelines, X-FAB Texas, Inc. is eligible and meets
all the criteria for tax abatement.
Staff concurs with Market Lubbock Inc.'s recommendation of approval
of the tax abatement for machinery and equipment for a term of five
years with a declining schedule. The City Council approved the Notice
of Intent at the April 6, 2000 City Council meeting.
(19.) Resolution No. 2000-RO116 authorizing the City Council to approve
the recommendation of the Parks and Recreation Board regarding
FY 1999-2000 use of in -kind services by City of Lubbock
departments for special event support.
RESOLUTION NO. 2000-RO116
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City Council of the City of Lubbock hereby approves the
recommendations of the Parks and Recreation Board with regard to FY 1999-2000 use
of in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto,
which said Exhibit "A" is attached hereto and made a part hereof as if fully copied
herein in detail.
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Page 274
Passed by City Council this 27" day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Assistant City
Manager, Community Services
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 2000-R0116.
At the January 9, 1997, City Council meeting the City Council approved
Ordinance #9965, which amended Chapter 2 of the Code of Ordinances
of the City of Lubbock. In doing so, the duties of the Parks and
Recreation Board were expanded to include review of requests for in -
kind services for special/community events. The special events policy
was developed in order to track special event support and monitor the
increase of requests received from non-profit organizations for special
events in the City of Lubbock. The policy allocates up to $200,000
annually for in -kind services. Of that amount 90 % is earmarked for
existing events, while the remaining 10% is targeted for new events.
Each year, City staff conducts at least two training sessions for local
non-profit and civic organizations to familiarize them with the special
events policy and the grant process. Applications for in -kind services
are due at least forty-five days prior to the event. Once received, the
applications are reviewed by the appropriate departmental staff to ensure
that the request is appropriate. For example, the Police Department
reviews requests for security and traffic control to ensure that the
appropriate number of officers is requested. If needed, adjustments are
made to the requests and the applicants are notified.
The Parks and Recreation Board then rates the grant applications for in -
kind City services based on the applicant's response to nine subjective
questions for each event. Each subjective question is worth up to 5
points from the individual Parks and Recreation Board members. The
individually graded applications are then returned to staff in order to
determine the aggregate score. There are a total of 405 possible points
on the subjective section and an additional 250 possible points on the
objective section of the application with a possible 655 points for each
event. The objective section deals with the percent of budget that is
publicly funded, the applicant's non-profit status, etc.
At the March 23, 2000 City Council meeting, the City Council approved
the requests of seven Special Event Applications which totaled $68,283
of in -kind services. All seven of these applications were for existing
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City Council Meeting
April 27, 2000
Page 275
events and therefore the funding came from the $180,000 allotted for
existing Special Events.
On March 28, 2000, the Parks and Recreation Board approved the
aggregate scoring of an application for a new Special Event. This
application was accepted due to our policy of allowing application forty-
five days prior to an event. Since this is a new event, the funding will
come from the $20,000 allotted for new Special Events. The Parks and
Recreation Board recommended the following Special Event Application
for in -kind services:
Event
In -Kind
Percent
In -Kind
Requested
Awarded
Proposed
Depot District Run
$449
80 %
$359
for the Arts
To date, there is a total of $68,732 of in -kind services requested with a
total of $66,215 to be considered for approval, which will be absorbed
within the existing departmental budgets. The event organizers will be
responsible for making up the difference. There is a balance of
$114,144 of in -kind services that can be allocated for existing special
events. Of the $20,000 reserved for new special events, the new balance
is $19,641.
Staff recommended approving the seven recipients for the in -kind
services to be provided through the Special Events Policy adopted by
City Council.
(20.) Resolution No. 2000-RO117 authorizing the Mayor to execute an
amendment to a contract between Texas Municipal League
Intergovernmental Risk Pool (TML-IRP) and the City of Lubbock to
provide Workers' Compensation Benefits.
RESOLUTION NO.2000-RO117
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 an on behalf of the City of Lubbock, by and between the City of
Lubbock and the Texas Municipal League Intergovernmental Risk Pool, an Addendum
#2 to the Worker's Compensation Interlocal Agreement, and related documents. Said
addendum 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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April 27, 2000
Page 276
Passed by City Council this 27' day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Scott Snider for Mary Andrews
Mary Andrews
Director of Human Resources
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of Addendum #2 is filed with Resolution No. 2000-RO117.
TML-IRP offers statutory workers' compensation benefits under a joint
self-insurance pool named the Texas Municipal League Workers'
Compensation Joint Insurance Fund. The City contracted with TML-IRP
for a period beginning April 15, 1999 and ending April 15, 2000 with
the option to renew from April 15, 2000 through September 30, 2000 at
the same prorated cost as the first year. TML has informed the City that
they cannot continue the coverage at a pro -rated premium as originally
agreed, however, TML-IRP will continue the workers' compensation
benefits at an increase in costs.
In an effort to reflect the cost of coverage, TML will provide workers'
compensation benefits from April 15, 2000 through September 30, 2000
on a sliding scale with a minimum cost of $158,305 and a maximum cost
of $555,094, subject to payroll audit.
Staff recommended signing Addendum #2 to the Workers' Compensation
interlocal agreement with TML-IRP to provide workers' compensation
benefits through September 30, 2000.
(21.) Bid #00-037 - Outdoor Security Lighting Maintenance - Annual
Pricing (Park Maintenance).
Security lighting enhances the quality of life for the citizens of Lubbock
by providing a safe environment in the parks. Due to the age and
condition of some of the security lighting throughout the park systems,
replacement of fixtures and light poles is needed. This bid establishes
annual pricing for the replacement of 100 light fixtures, 100 mounting
brackets and 12 poles including mounting materials (concrete base).
The low bid is $26,733.50 from Southwestern Electric Supply Company
of Lubbock, Texas and is within the Park Security Lighting Capital -
Outlay budget amount.
(22.) Resolution No. 2000-RO118 and Resolution No. 2000-R0119/Bid #00-
046 - Traffic Signal Cabinets & Controllers (Traffic Engineering).
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Page 277
RESOLUTION NO.2000-RO118
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a purchase order for traffic
signal cabinets and controllers per Bid #00-046, by and between the City of Lubbock
and Traffic Engineering & Controls, Inc., 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 City Council this 27' day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2000-R0118.
RESOLUTION NO. 2000-RO119
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a purchase order for traffic
signal cabinets and controllers per Bid #00-046, by and between the City of Lubbock
and Control Technologies, and related documents. Said purchase order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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April 27, 2000
Page 278
Passed by City Council this 27' day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2000-R0119.
This bid involves the purchase of new Traffic Signal Cabinets and
Controllers and associated spare parts to replace outdated equipment.
This equipment is part of the new traffic signal computer system. The
equipment will be received in three shipments over a period of 1-1/2
years.
The low bids are as follows:
Control Technologies, Inc. of Sanford, Florida $712,614.00
Traffic Engineering & Controls, Inc. of Centerville, Texas$127,691.50
Consolidated Traffic Controls, Inc. of Arlington, Texas $ 12,480.00
U.S. Traffic Corporation of Santa Fe Springs, California $ 2,818.28
Tie Bids (Items 7 and 23) $ 3,350.00
In considering the tie bids, Mayor Sitton drew Control Technologies,
Inc. of Sanford, Florida.
The low bids total $858,953.78 and are within the Traffic Signal
Cabinets and Controllers budget amount.
(23.) Resolution No. 2000-R0120/Bid #00-050 - Paint Water Storage
Tanks and Elevated Tank Renovations (Water Utilities Engineering).
RESOLUTION NO.2000-RO120
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 paint water
storage tanks and elevated tank renovations, by and between the City of Lubbock and
Luckinbill, Inc. of Enid, Oklahoma, 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.
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City Council Meeting
April 27, 2000
Page 279
Passed by City Council this 27' day of April, 2000.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ WINDY SITTON
WINDY SITTON, MAYOR
THIS AGREEMENT, made and entered into this 27th day of April, 2000, 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 Luckinbill, Inc., of the City of Enid, County of Garfield, and the State
of Oklahoma, 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 an) the
CONTRACTOR hereby agrees with OWNER to commence and complete
construction of certain improvements described as follows: the
BID #00-050 - PAINT WATER STORAGE TANKS AND ELEVATED
RENOVATIONS - $319,410.00 TANK
and all extra work in connection therewith, under the terms as stated in the
documents, and at his (or their) own proper cost and expense to furnish al contract
1 m
supplies, machinery, equipment, tools, superintendence, labor, insurance materials,
accessories and services necessary to complete said construction in accordance w other
contract documents as defined in the General Condition of Agreement. other
the
THE CONTRACTOR hereby agrees to commence work within ten d
the date written notice to do so shall have been given to him and ays after
complete same within the time specified in the contract documents, to substantially
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore,
additions and deductions, as provided in the contract documents and to a subject t
ma
on account thereof as provided therein. make payment
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City Council Meeting
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Page 280
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/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Anna Sue Luckinbill
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Luckinbill, Inc.
Bv: /s/ Dennis Luckinbill
PRINTED NAME: Dennis Luckinbill
TITLE: President
COMPLETE ADDRESS:
Luckinbill, Inc.
304 E. Broadway
Enid, Oklahoma 73701
This project involves renovations includinge removal and
enlarging ahe access
isposal of
lead based paint from the interior
hatches to meet TNRCC regulations at the following locations:
One million -gallon elevated storage tank nk at 6001 North Guava Avenue
at 35' Street and Avenue W
One hundred thousand -gallon elevated
One million -gallon backwash tank at 6001 North Guava Avenue.
Lloyd's of Kern Painting of Lindsay,
Oklahoma submitted a bid in the
amount of $236,600. However, their bid included a type of paint that
was not specified and not approved.
The low bid meeting specifications is $319,4t 0 from Luckinbill,
budget'amount f
Enid, Oklahoma and is within the Repaint Water
Staff recommended award of each bid to the nbidd on r s indicated on the
tabsheets and award of each contract as show
REGULAR AGENDA
PUBLIC HEARINGS
Ordinance No. 2000-00023/Zone Case No. 880 (De F�eaney (for
(24.) ublic hearing to consider request
Hold a P for a zoning change from M-1 to M-1
Dismas Charities, Inc.) the
Specific Use for a community based residential center certifisubb by
p Block 43,
Federal Board of Pardons and Paroles on Lot 1,
Homes Addition.
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City Council Meeting
April 27, 2000
Page 281
ORDINANCE NO.2000-00023
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2880; A ZONING CHANGE FROM M-1 TO M-1
SPECIFIC USE ZONING FOR A COMMUNITY BASED RESIDENTIAL CENTER
ON LOT 1, BLOCK 43, SUBURBAN HOMES ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:25 a.m. Bernie Gradel
appeared on behalf of Dismas Charities, Inc. Den Freaney also spoke in
favor of this zone case. No one appeared in opposition. Mayor Sitton
closed the hearing at 11:28 a.m.
The request would provide for a residential halfway house. The Zoning
Code requires a Specific Use Permit in any location within the City.
Adjacent land uses in all directions are industrial or commercial.
The area is noted as industrial on the Comprehensive Land Use Plan.
The current "base" M-1 zoning meets one of the criteria in the zoning
code, that the centers be located in heavy commercial or industrial areas.
Zoning policy also suggests that the opinion of adjacent owners be
considered within a specific use request. There are responses both in
favor and opposition of this designation. No opponents attended the
Planning Commission meeting. The proposal will have no effect on
traffic.
Seldom is a case filed such as this where adjacent owners want the new
activity. The residents in this proposed facility are pre -parole and will
be coming back to Lubbock at some time. If they violate the rules, their
parole is retracted. The organization provides 24 hours supervision at
the facility.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition.
Limited to residential center with a current certification by the Federal
Bureau of Prisons.
The staff supports upholding the recommendation of the Planning
Commission.
Randy Henson, Senior Planner, presented staff comments.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2000-
00023 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Motion was made by Councilmember Hernandez, Councilmember McDougal to take the items seconded by
out of order and to consider
Item 26 next. Motion carried: 7 Yeas, 0 Nays.
(25•) Ordinance No. 2000-00024/Zone Case No. 2868-A (south of 10
Street and east of Frankford Avenue): 1st
d
consider request of Hugo Reed and Associates (for Scott Mackenzie)
for a zoning change from R-1 Specific Use to R-2 Specific Use for
duplexes with reduced front setbacks on a tract of land located in
section 25, Block E-2.
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Page 282
This item was considered following Item 26.
ORDINANCE NO.2000-00024
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2868-A; A ZONING CHANGE FROM R-1
SPECIFIC USE TO R-2 SPECIFIC USE ZONING FOR DUPLEXES WITH
REDUCED FRONT SETBACKS ON A TRACT OF LAND LOCATED IN SECTION
25, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 12:06 p.m. Bernie Gradel
with Hugo Reed and Associates appeared on behalf of Scott Mackenzie.
No one appeared in opposition. Mayor Sitton closed the hearing at
12:08 p.m.
The request would accommodate two cul-de-sac streets south of 101't
Street for duplex construction. Adjacent land uses:
North - zoned for a church
South - residential
East -residential
school tracts on the west side
West - Frankford with
The proposal sits the concept of buffering
tolthin the the north andphe platvis
Land Use Plan. A large church tract
designed such that none of the duplex residents would have street access
to the single-family to the south. the hdepelooerand adjacel meets nt residents. cy for oning
subject to the agreement between P
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
1 Each half of each duplex shall contain a minimum of 1,200 air-
conditioned square feet.
2. Each duplex shall provide garage space for four vehicles.
3. No accessory structures shall be allowed.
4. Six-foot screening fences shall be provided for rear yards.
5. Structures shall have an exterior minimum of roof 80%brick, 25-year
texture shingles, and a minimum of 6/12 pitch.
6. A twenty -foot front setback along the tract shall
ex ea that minimum
with five minimum setback on
garage shall have a minimum setback of 20 feet.
The staff supports the recommendation of the Planning Commission.
Randy Henson, Senior Planner, presented staff comments.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading
�Ordina0 Naynce s. 2000-
00024 as recommended by staff. Motion carried:
The next item considered was Item 27.
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Page 283
(26.) Zone Case No. 2877 (north of 63" Street and west of Frankford):
Hold a public hearing to consider appeal of Rodney Warren (for
Sonic Drive -In) for a zoning change from GO to C-4 Specific Use on
a portion of land out of Section 36, Block AK, and to consider
ordinance.
Mayor Sitton opened the public hearing at 11:30 a.m. Rodney Warren
and Keith Potts appeared in favor of the zone case. Keith Whitworth and
Ken Corbin appeared in opposition. Mayor Sitton closed the hearing at
12:01 p.m.
In years past, the developer of Farrah chose to run the residential
subdivision to the corner of Spur 327, east of Frankford. Subsequent
Comprehensive Land Use Plan and zoning decisions created both
commercial policy and zoning cases on the west side of Frankford. The
area from Spur 327 to 64' Street has some level of commercial across
Frankford from existing residential ranging from a car dealer on the
north to a bank on the south. The area under discussion is currently
zoned Garden Office.
Adjacent land uses:
North - commercial
South - commercial
East - residential
West - commercial
The Comprehensive Land Use Plan indicates the area under discussion as
commercial. It is the intensity of any commercial proposal that drives
discussion within this zone case. From south of the auto dealership on
the Spur to 64°i Street was originally zoned C2A limited to a bank and
offices, then "GO" in 1997 for a level of buffering across from the
existing residential.
The drive-in aspect of Sonic causes the C-4 basis of this zone case,
although the discussion should include whether even C-2A would be
appropriate on this parcel because the fast food competition of Sonic
could be placed in C-2A and have essentially the same effect. The
reaction of adjacent property owners was a key element of the discussion
at the Planning Commission. Several owners of property on the east of
Frankford expressed opposition. The proposed development plan of
Sonic would benefit traffic on Frankford in that access to 63`d Street will
also be provided, rather than all access from Frankford.
The Planning and Zoning Commission denied this request.
The Planning Commission denied the request based on opposition from
property owners east of Frankford. Unless that opposition is amended,
the staff would recommend upholding the denial.
Randy Henson, Senior Planner, presented staff comments.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to uphold the Planning Commission's denial as
recommended by staff. Motion carried: 6 Yeas, 1 Nays.
Councilmember Ince voted nay.
(27.) Ordinance No. 2000-00025 - Public hearing to consider assessments
for paving improvements on the 82"d Street Assessment Paving
Program.
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Page 284
ORDINANCE NO.2000-00025
AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREET: 82nd
STREET FROM AVENUE U EAST TO US HIGHWAY 87 SUCH PORTIONS
BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS
OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART
HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS,
AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR
ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE
COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF
ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING
FUNDS.
Mayor Sitton opened the public hearing at 12:09 p.m. Larry Hertel,
Street/Drainage Engineer, presented staff comments. Mike Allison,
Chris White, Artie Howard, Donna Adams, and Adrienne Hamilton
appeared to speak in opposition.
Mayor Sitton closed the hearing at 12:25 p.m.
The proposed paving improvements consist of a portion of the following
street:
Unit Number Description
2386-001 82" Street from Avenue U East to U. S.
Highway 87
82nd Street is a thoroughfare and is being paved as a capital
improvement project with federal participation. Assessments are
proposed against the owners of property abutting the portion of 82nd
Street to be improved in order to obtain their share of the paving costs.
82nd Street is an approved capital project, and the purpose of the hearing
is only to provide affected property owners an opportunity to express
their feelings in regard to assessment of cost for such improvements.
After public comment the City Council will determine the portion of the
costs that will be assessed to the abutting property owners for the paving
improvements for the above said unit.
Under Texas Law a municipality may not assess an amount exceeding
the special benefits of the paving improvements to the abutting
properties. The municipality must participate in at least 10 % of the cost
of street paving.
The "Calculated Rate" shown on the assessment rolls is the maximum
legal assessment rate which may be levied consistent with state law and
the City of Lubbock Policy. This rate is calculated on the basis of the
property owners paying 100 % of the curb and gutter cost and 90 % of the
paving cost.
A qualified appraiser was engaged by the City of Lubbock to determine
the value of the paving improvements for each of the abutting properties
included in this project. His report indicates the value of the paving for
82nd street is significantly less than the construction cost. These
determinations are consistent with historical appraisal studies. A copy of
the appraiser's report is available for inspection.
The alternatives available to the City Council are as follows for this unit:
City Council Meeting
April 27, 2000
Page 285
1. Authorize the assessment of the abutting property owners at the
amount specified by the appraiser. Historically past City
Councils have assessed property abutting thoroughfares at the
appraised rate. Although alleys and minor streets are viewed to
primarily benefit the abutting property owners, thoroughfare
paving is viewed to benefit the City as a whole.
2. Authorize the assessment of the abutting property owners at an
amount up to the calculated rate.
3. Do not assess any amount for this unit.
Staff recommended alternative 1.
The public hearing will serve as the first of three readings of the
assessment ordinance. The first part of this ordinance is included in the
Council's back-up materials. The ordinance will be completed following
testimony given at the public hearing.
Following the hearing the City Council will determine the assessment
rates for the street involved in this program which is being constructed
by TxDOT. Upon completion of the paving construction and acceptance
by the City, the amounts determined by the City Council will be assessed
to the abutting property owners. The assessments may be paid all at
once or in five annual payments at 8 % interest.
Staff recommended that the assessment rate be established at the
appraised rate.
Motion was made by Councilmember McDougal to pass on first reading
Ordinance No. 2000-00025 with no assessment (alternative #3). Motion
failed due to lack of a second.
Motion was made by Councilmember Nelson, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 2000-
00025 with currently zoned commercial property being assessed at the
calculated enhancement rate (alternative #1) as recommended by staff,
and no assessment to currently zoned residential property (alternative
#3). Motion carried: 5 Yeas, 2 Nays. Councilmembers Hernandez and
Ince voted nay.
HEALTH AND COMMUNITY SERVICES
(28.) Resolution No. 2000-RO121 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Community
Development funding contract and all related documents between the
City of Lubbock and the Lubbock Boys and Girls Clubs from the
Community Development Block Grant for the construction of a
parking lot and other improvements to the Theodore Phea branch.
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Page 286
RESOLUTION NO. 2000-RO121
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Community Development Funding
Contract, by and between the City of Lubbock and Lubbock Boys and Girls Clubs from the
Community Development Block Grant for the construction of a parking lot and other
improvements to the Theodore Phea branch, and all 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 City Council this 27' day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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 Contract is filed with Resolution No. 2000-R0121.
Grantee: Lubbock Boys and Girls Club
Program: Parking Lot and facility renovation
Funding Source: 1999-2000 Community Development Block Grant
reallocation
Use of Funds: This will allow for the construction of a parking lot at the
facility.
Amount: $35,000
Match: 25 %
Return of Investment: 25 % payback after completion of the project in
accordance with the approved policy.
Terms: May 1, 2000 through September 30, 2001.
Comments: Funding for this contract was approved by City Council at
the February 24, 2000 City Council meeting. The contract is available
for review in the City Secretary's Office.
Community Development recommended the approval of this resolution
authorizing the Mayor to execute this contract.
City Council Meeting
April 27, 2000
Page 287
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass Resolution No. 2000-R0021 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 30.
(29.) Resolution No. 2000-RO124 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Community
Development funding contract and all related documents between the
City of Lubbock and Teen Publications from the Community
Development Block Grant for the acquisition of a facility.
This item was considered following Item 31.
RESOLUTION NO.2000-RO124
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Community Development Funding
Contract, by and between the City of Lubbock and Teen Publications from the Community
Development Block Grant for the acquisition of a facility, and all 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 City Council this 27'h day of April, 2000.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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
/s/ WINDY SITTON
WINDY SITTON, MAYOR
A copy of the Contract is filed with Resolution No. 2000-R0124.
Grantee: Teen Publications
Program: Acquisition of a facility
Funding Source: 1999-2000 Community Development Block Grant
reallocation
Use of Funds: This will allow for the acquisition of a permanent
facility.
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City Council Meeting
April 27, 2000
Page 288
Amount: $30,000
Match: 25 %
Return of Investment: 25 % payback after completion of the project in
accordance with the approved policy.
Terms: May 1, 2000 through September 30, 2001.
Comments: Funding for this contract was approved by City Council at
the February 24, 2000 City Council meeting. The contract is available
for review in the City Secretary's Office.
Community Development recommended the approval of this resolution
authorizing the Mayor to execute this contract.
Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal to pass Resolution No. 2000-R0024 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Councilmember Patterson recused himself.
The next item to be considered was Item 32.
(30.) Resolution No. 2000-RO122 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Community
Development funding contract and all related documents between the
City of Lubbock and the Lubbock Housing Authority from the
Community Development Block Grant for the operation of the
optional relocation program.
RESOLUTION NO. 2000-RO122
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Community Development Funding
Contract, by and between the City of Lubbock and Lubbock Housing Authority from the
Community Development Block Grant for the operation of the optional relocation program,
and all 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
April 27, 2000
Page 289
Passed by City Council this 27' day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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 Contract is filed with Resolution No. 2000-R0122.
Grantee: Lubbock Housing Authority
Program: Optional Relocation program
Funding Source: 1999-2000 Community Development Block Grant
reallocation
Use of Funds: This will allow for the operation of the optional
relocation program to assist residents being displaced in North Overton
by the "Centre" project.
Amount: $16,665
Match: This is a cooperative effort between government agencies, match
is not applicable.
Return of Investment: N/A
Terms: May 1, 2000 through September 30, 2001.
Comments: Funding for this contract was approved by City Council at
the February 24, 2000 City Council meeting. The contract is available
for review in the City Secretary's Office.
Community Development recommended the approval of this resolution
authorizing the Mayor to execute this contract.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass Resolution No. 2000-R0122 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(31.) Resolution No. 2000-R0123 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Community
Development funding amendment to a contract and all related
documents between the City of Lubbock and the Lubbock Habitat
for Humanity from the Community Development Block Grant for
additional infrastructure work.
City Council Meeting
April 27, 2000
Page 290
RESOLUTION NO. 2000-RO123
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Community Development Funding
Amendment to a Contract, by and between the City of Lubbock and Lubbock Habitat for
Humanity from the Community Development Block Grant for additional infrastructure
work, and all 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 City Council this 27' day of April, 2000.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, 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 Contract is filed with Resolution No. 2000-R0123.
Grantee: Lubbock Habitat for Humanity
Program: Infrastructure
Funding Source: 1999-2000 Community Development Block Grant
reallocation
Use of Funds: This will allow for the construction of a parking lot at the
facility.
Amount: $25,000 additional for a total of $75,000 for the project.
Match: 25 %
Return of Investment: 25 % payback after completion of the project in
accordance with the approved policy.
Terms: Extended through September 30' 2001.
Comments: Funding for this contract was approved by City Council at
the February 24, 2000 City Council meeting. The contract is available
for review in the City Secretary's Office.
Community Development recommended the approval of this resolution
authorizing the Mayor to execute this contract.
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City Council Meeting
April 27, 2000
Page 291
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass Resolution No. 2000-RO123 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
BOARD APPOINTMENTS
(32.) Consider one appointment to the Canadian River Municipal Water
Authority.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to appoint Robert Rodgers to the Canadian
River Municipal Water Authority. Motion carried: 7 Yeas, 0 Nays.
(33.) Consider one appointment to Market Lubbock Inc. Board of
Directors.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to appoint Reuben Reyes to the Market
Lubbock, Inc. Board of Directors. Motion carried: 7 Yeas, 0 Nays.
(34.) Consider one appointment to National Windmill Project, Inc. Board
of Directors.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to appoint Cindy Martin to the National
Windmill Project, Inc. Board of Directors. Motion carried: 7 Yeas, 0
Nays.
(35.) Consider one appointment to the Appointments Advisory Board.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to appoint Michael Jackson to the
Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays.
(36.) Consider one appointment to the Keep Lubbock Beautiful Advisory
Committee.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to appoint Linda Sadler to the Keep Lubbock
Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays.
(37.) Consider one appointment to the Park and Recreation Board.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to appoint Steve Locke to the Park and
Recreation Board. Motion carried: 7 Yeas, 0 Nays.
(38.) Consider one appointment to the Youth Commission.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to appoint Monica Orosco to the Youth
Commission. Motion carried: 7 Yeas, 0 Nays.
12:55 P.M. COUNCIL RECESSED
2:35 P.M. COUNCIL RECONVENED
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City Council Meeting
April 27, 2000
Page 292
2:35 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Cooke adjourned the meeting.
WINDY S TTON, MAYOR
ATTEST:
i
Kaythie arnell, City Secretary
1
Read and approved this day of _ , 2000.
WINDY SITT , MAYOR
292