HomeMy WebLinkAboutMinutes - City Council - Regular - 2/26/1998CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
February 26, 1998
8:00 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 26th
day of February, 1998, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 8:00 A.M.
8:00 A. M. CITY COUNCIL CONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember
Victor Hernandez, Councilmember Max Ince, Councilmember David
Nelson, and Councilmember Randy Neugebauer.
Mayor Sitton stated the Council would be holding an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Attorney); pending or contemplated litigation
(Building Inspection; 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 (Fire Department).
8:02 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
Attorney).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Building Inspection; Police Department; Water Utilities).
( 3.) 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 Health
Neighborhood Redevelopment Commission
Planning and Zoning Commission
Zoning Board of Adjustment
(4.) 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 (Fire Department).
9:43 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
( 5.) Presentation of the Community Development and Services Board's
recommendations on participation, prioritization, and substantial
funding of neighborhoods for the period 1998-1999 through the
CDBG, HOME, and ESG programs by Doug Goodman, Director of
Health and Community Services.
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February 26, 1998
Page 96
( 6.) Presentation of the Community Development and Services Board's
recommendations on the reallocation of CDBG and HOME program
funds by Doug Goodman, Director of Health and Community
Services.
10:40 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tern Alex Cooke, Councilmember
Victor Hernandez, Councilmember Max Ince, Councilmember David
Nelson, Councilmember Randy Neugebauer, Councilmember T. J.
Patterson, City Manager Bob Cass, City Attorney Anita Burgess,
and City Secretary Kaythie Darnell
Absent: None (Councilmember Patterson excused himself from the meeting at
10:45 A. M.)
Mayor Sitton called the meeting to order at 10:40 A. M.
( 7.) Bob Powell, Chaplain Supervisor of Methodist Hospital, gave the
Invocation.
( 8.) The Pledge of Allegiance was given in unison by those in the City
Council Chambers.
BOARD APPOINTMENTS RECOGNITION
Appointments Advisory Board
Receiving: Roderick Evans
Appointments Advisory Board
Receiving: Judy Ribble
Lubbock Libraries Board
Receiving: Cary Sallee
CITIZEN APPEARANCES
Mayor Sitton recognized Paul Thomas, new Director of Lubbock
Power and Light, and his wife, Lisa.
( 9.) Presentation of the Texas State Use Purchase Plus Program for
Texans with Disabilities by Danny Hill, Regional Field Manager of
Texas Industries for the Blind and Handicapped (TIBH).
TIBH Industries is a private, non-profit corporation which was
designated to help provide employment, through the Texas State Use
Purchase Plus Program, for Texans with blindness and/or other
disabilities. TIBH markets the products and services of these exceptional
Texans and serves as the interface between community rehabilitation
centers and the purchasing systems of the state, cities, school districts,
counties, and all other political subdivisions.
By engaging in productive work activities, Texans with disabilities
become more independent and less reliant on subsidies, while providing
quality products and services to customers. This, then, allows money
paid by the taxpayers of Texas to be used elsewhere.
(10.) Presentation of the update of activities on Board of Electrical
Examiners by Galen Kunka, Chair.
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February 26, 1998
Page 97
Mr. Kunka was unable to attend and requested that this be continued
until the next Council meeting.
CITIZEN COMMENTS
Five citizens expressed comments to the Council. They were:
Todd McKee
Cecil Puryear
Mikel Ward
Doris Fletcher
Wayne Lamberson
Councilmember Nelson gave his Top Ten List.
CONSENT AGENDA (Items No. 11 — 21)
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to approve all items on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(11.) Approval of the minutes of the Regular City Council Meeting of
February 12, 1998.
(12.) Consider Ordinance No. 10052 abandoning and closing three
portions of 66th Street located in Section 36, Block A-K, Lubbock
County (5920 66th Street) (first reading).
ORDINANCE NO. 10052
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH
STREET LOCATED IN SECTION 36, BLOCK AK, 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 three portions of 66th Street between
Homestead Avenue and Genoa Avenue. Originally, 66th Street was
dedicated as an 80-foot wide street. However, it has been designated as
a 64-foot wide collector street, which leaves a total of sixteen feet of
excess right-of-way (eight feet on each side of the street) that the City
does not need. Lots 12 and 13, Spur 327 Business Park, are being
platted east of Homestead Avenue and north of 66th Street. Along with
these plats they are closing the north eight feet of 66th Street and a street
stub. The areas being closed measure as follows:
Tract 1 - 8.00 feet by 235 feet or 1,955 sq. ft.,
Tract 2 - 8.00 feet by 330.05 feet or 2,640 sq. ft.,
Tract 3 - a street stub containing 996.58 sq. ft.
The proponent of this closure is Lubbock Development, Inc.
The Right -of -Way Department recommended approval of the first
reading of this ordinance.
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(13.) Consider Ordinance No. 10053 abandoning and closing a 20-foot
underground utility easement in Tract D, Pheasant Run Addition and
a portion of a stormwater drainage and impoundment easement
located in Tract A, Pheasant Run Addition to the City of Lubbock
(6020 81st Street) (first reading).
ORDINANCE NO. 10053
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND
UTILITY EASEMENT AND A PORTION OF A STORM WATER DRAINAGE
AND EASEMENT LOCATED IN THE PHEASANT RUN 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.
The Frenship Independent School District is building a new school on
Tract D, Pheasant Run Addition. This is located north of 81st Street and
west of Homestead Avenue. Part of the school building will encroach
upon the 20-foot utility easement which runs north to south along the
east lot line of Tract D and into the stormwater drainage and
impoundment easement located in Tract A, Pheasant Run Addition which
adjoins Tract D on the east. The school will dedicate a new underground
utility easement for this one being closed, and the City's engineering
department has approved the drainage area to be closed.
The Right -of -Way Department recommended approval of the first
reading of this ordinance.
(14.) Consider the price and condition of sale of Parcel Number 33500-17-
230 at 1004 2nd Place in the Guadalupe Area.
This is a routine sale of property by the Urban Renewal Agency to
Charles E. Key d.b.a. Key Construction for $400. The property is to be
redeveloped with a new 1,800-square-foot, single-family residence
valued at $65,750. The land is properly zoned.
The proposed development is submitted according to the Marketing Plan
for the Guadalupe Area adopted by the Urban Renewal Board of
Commissioners on October 17, 1989. The Community Development/
Housing Department recommended approval.
(15.) Consider the price and condition of sale of Parcel Number 15760-22-
100 at 2503 Hickory Avenue in the Chatman Hill Area.
This is a routine sale of property by the Urban Renewal Agency to
Lubbock Habitat for Humanity, a non-profit organization, for $30. The
property is to be redeveloped with a new 1,200-square-foot, single-
family residence valued at $30,000. The land is properly zoned.
The proposed development is submitted according to Habitat for
Humanity's future timeline plan to develop the 2400 block of Hickory
Avenue with homes for low-income families. The proposal was accepted
by the URA Board of Commissioners on September 20, 1994. To date,
eight homes have been completed by volunteers. Two homes are
currently under construction. The Community Development Department
recommended approval.
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February 26, 1998
Page 99
(16.) Consider Resolution No. 5772 authorizing the Mayor to execute an
interlocal agreement with Texas Tech University for cooperative
purchasing.
RESOLUTION NO. 5772
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 Agreement
for Cooperative Purchasing, attached herewith, by and between the City of Lubbock
and Texas Tech University, which Agreement 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 26th day of February, 1998.
/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/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Interlocal Agreement is filed with Resolution 5772.
Cooperative purchasing is one way that local governments can save time
and money in their purchasing programs. It occurs when two or more
entities coordinate some or all of their purchasing needs so that they can
join in purchases to the mutual benefit of all the entities concerned.
Local governments benefit in many ways, including developing contacts
with other local government officials and developing the habit of
cooperating with other entities. Some of the most common benefits are:
1. Lower costs through increased volume;
2. Lower (shared) administrative costs;
3. Improved response from vendors;
4. Shared experience leading to better product specification; and
5. Better compliance with state statutes on purchasing.
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February 26, 1998
Page 100
VTCA Government Code, Chapter 791 - Interlocal Cooperation Act
allows local governments to contract with and between each other to
provide governmental functions and services, and to join together in
contracting with others to provide goods and services. This will
facilitate City of Lubbock and Texas Tech University's collaborative
efforts on a joint Request for Proposals for management services of the
Civic Center/Auditorium/Coliseum/United Spirit Arena.
The City of Lubbock and Texas Tech University desire to cooperate on
selected governmental purchases in order to enjoy greater economy of
scale and thereby reduced prices for certain commodities used by both
governmental entities. Pursuant to Section 791.012, the laws of the
particular entity making the particular purchase will apply to the
purchase unless the law of the other entity is more strict and would
prohibit the purchase being made in such a manner. In such a case, the
purchase will be made in conformance with the most stringent applicable
regulation. The City of Lubbock and Texas Tech University will engage
in the purchase of items and services that are used by both entities and as
jointly agreed upon by the purchasing officers of both entities. As a
general rule, the governmental entity that uses the most of a particular
commodity or service will be the lead agent in making a joint purchase.
Each entity will be responsible for payment of its portion of the
proportionate purchase costs directly to the vendor.
The period of this Interlocal Agreement will be for the balance of Texas
Tech University's fiscal year and will thereafter be automatically
renewed annually for each succeeding fiscal year of Texas Tech
University, unless City Council acts to terminate the agreement.
Staff recommended approval of the resolution.
(16A.) Consider Resolution No. 5773 authorizing the Mayor to execute
Change Order No. 3 to Bid No. 97132 with Red River Construction
Company for structural repairs indicated on RFI #10 on Digester #8
at the Water Reclamation Plant.
RESOLUTION NO. 5773
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 Change Order, No. 3 to
Project No. 97132, Southeast Plant Digester Rehabilitation, attached herewith, by and
between the City of Lubbock and Red River Construction Co., Inc., and any associated
documents, which Change Order 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.
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February 26, 1998
Page 101
Passed by City Council this 26th day of February, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Keith Smith
Keith Smith, Senior Civil Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of Change Order No. 3 is filed with Resolution 5773.
This change order, in the amount of $36,948.31, is to complete work
determined to be necessary after internal inspection of the digester.
Determination of necessary repairs had to be made after the contractor
prepared the digester for inspection. $50,000 was allotted in the project
to cover these repairs.
Staff recommended approval of this resolution and execution of Change
Order No. 3.
(17.) Resolution No. 5774/RFP #97125—Engineering Services for Generator
Design and Facility Modification (Water Utilities)
RESOLUTION NO. 5774
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 Engineering
Services for Generator Design and Facility Modification, attached herewith, by and
between the City of Lubbock and Fanning, Fanning and Associates, and any associated
documents, which Contract 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.
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Page 102
Passed by City Council this 26th day of February, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Contract is filed with Resolution 5774.
This contract provides engineering services related to generator design
and facility modification needed to provide emergency generators at key
water facilities to maintain water supply and pressure during major
power outages. Three engineering firms submitted proposals to the City
of Lubbock for these engineering services:
• Agnew Associates, Inc., Lubbock, Texas
• Compliance Services Group Incorporated, Lubbock, Texas
• Fanning, Fanning and Associates, Inc., Lubbock, Texas
A selection committee was appointed by the Director of Water Utilities
to review and evaluate the proposals submitted by the firms listed above.
Each committee member individually ranked Fanning, Fanning and
Associates, Inc. highest of the three proposals. The selection committee
recommended that Fanning, Fanning and Associates, Inc. be engaged to
perform the engineering services as required for the Water Utilities
generator design and facility modification project. Total engineering fee
is $75,050.
Staff recommended award of the contract to Fanning, Fanning and
Associates of Lubbock, Texas.
(18.) Bid #97311—Police Department Outerwear, Annual Pricing (Police
Administration)
This bid is for duty uniform outerwear, including coats and raingear, for
Lubbock Police Department officers. These garments will be purchased
by city police officers through a uniform expense allotment program
previously approved by the City Council. The expenses incurred by
each officer for these garments will be deducted from the individual
officer's $1,000 annual uniform expense allotment. The specifications
for this bid required vendors to quote pricing for eight Blauer products,
one Horace Small product, and two Bayley items, or products equivalent
to the named garments in design and quality.
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The Police Supply -Uniforms budget amount is $55,000.
The low bidders include the following companies:
J. B. Battle Uniform Co. of Dallas, Texas $2,572.50
Uniform Today, Inc. of Lubbock, Texas $46,623.00
(19.) Resolution No. 5775/Bid #t98010-Berl Huffman Wet Well and Pump
Station Installation (Park Maintenance)
RESOLUTION NO. 5775
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 and all related
documents by and between the City of Lubbock and Rhode Construction Company of
Lubbock, Texas, to install and furnish all materials and services as bid for the Berl
Huffman Wet Well & Pump Station Installation, which Contract is attached hereto,
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 26th day of February, 1998.
/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/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 26th day of February, 1998,
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 Rhode Construction Company, 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:
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Page 104
BID #98010 - BERL HUFFMAN WET WELL & PUMP STATION INSTALLATION
- $119,221.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Burke Tollett
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
Jana L. Jekins
(20.)
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Rhode Construction Company
/s/ Carman G. Rhode
PRINTED NAME: Carman G. Rhode
TITLE: Vice President
COMPLETE ADDRESS:
Rhode Construction Company
P. O. Box 53370
Lubbock, Texas 79453
This project involves the installation of a new pump station for the one
hundred acre irrigation system at the Berl Huffman Athletic Complex.
The existing pump station is more than seventeen years old and has been
marginally operable for the past five years.
The Capital Outlay -Huffman Pump Unit Replacement budget amount is
$120, 000.
The low bid is $119,221 from Rhode Construction Company of
Lubbock, Texas.
Resolution No. 5776/Bid #98013-Modular Boat Dock and Fishing
Pier (Water Utilities)
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RESOLUTION NO. 5776
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 and all related
documents by and between the City of Lubbock and Atlantic-Meeco, Inc. of McAlester,
Oklahoma, to install and furnish all materials and services as bid for the Furnish and
Install Pre -Fabricated Modular Boat Deck & Fishing Pier at Lake Alan Henry, which
Contract is attached hereto, 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 26th day of February, 1998.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
/s/ WINDY SITTON
WINDY SITTON, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 26th day of February, 1998,
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 Atlantic-Meeco, Inc., of the City of McAlester, County of Pittsburg, 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 any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #98013 - FURNISH & INSTALL PRE -FABRICATED MODULAR BOAT
DECK & FISHING PIER AT LAKE ALAN HENRY - $282,879.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
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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/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Tim Parker
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
Jorge Chatermo
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Atlantic-Meeco, Inc.
: /s/ Chris Clark
PRINTED NAME: Chris Clark
TITLE: President
COMPLETE ADDRESS:
Atlantic-Meeco, Inc.
1501 East Gene Stipe Blvd.
McAlester, OK 74501
This project is for the construction of a boat dock and fishing pier at the
Sam Wahl Recreational Area at Lake Alan Henry. The purpose of the
construction is to provide users of Lake Alan Henry a location for
temporary docking of boats and a facility for fishermen. The boat dock
and fishing pier will be of the prefabricated type and will be constructed
south of the City's existing boat ramp.
The Water Capital Projects Fund - LAH Recreational Area
Improvements budget amount is $600,000.
The low bid is $282,879 from Atlantic-Meeco, Inc. of McAlester,
Oklahoma. This bid amount is within Carter -Burgess design and
construction estimate of a similar facility ranging from $305,800 to
$459,800.
(21,) Bid #98015-Pre-Emergent Herbicide Application (Park Maintenance)
This bid is for the application of pre -emergent herbicide on 25 park
properties that should result in improved turf appearance. The target
pest for the herbicide is summer grassy and broadleaf weeds such as
grass burrs, green foxtail, spurge, and numerous other weeds. This is
the first season for this program, and staff was conservatively estimating
the number of parks that could be treated with the dollars that were
available. Staff plans to continue the program in the future with an
increase in treated park sites.
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The General Facilities System Improvement Fund budget amount is
$62, 000.
The low bid is $38,770.79 from BCC, Inc. of Brownfield, Texas.
Staff recommended award of each of the bids in Items No. 17-21 to the
bidder as indicated on the tabsheets and award of each contract as shown
on the resolutions.
REGULAR AGENDA
PUBLIC HEARINGS
(22.) Ordinance No. 10054 - Zone Case No. 2809 ( 5502 19th Street): Hold
a public hearing to consider request of Jill Wines (for Wee Care
Child Care Center) for zoning change from R-1 to A-2 limited to a
daycare on 1.889 acres of land out of a portion of Section 4, Block
E-2.
ORDINANCE NO. 10054
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2809; A ZONING CHANGE FROM R-1 TO A-2
ZONING LIMITED TO A DAYCARE ON 1.889 ACRES OF LAND OUT OF A
PORTION OF SECTION 4, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:22 a.m. Andy Wines
appeared on behalf of Wee Care Child Care Center to present the zone
change. No one appeared in opposition. Mayor Sitton closed the
hearing at 11:26 a.m.
The request will accommodate a proposed child care facility east of the
new Groves Library. The City has sold the excess property from the
library project. Adjacent land uses:
North - residential
South - residential
East - residential
West - residential
The request is compatible with the Comprehensive Land Use Plan. One
policy statement indicates that community based uses including churches,
and child care in this case, should be located on the perimeter of
neighborhoods. Chicago is a collector and 19th is a thoroughfare.
The only zoning policy subject to discussion is compatibility of the
proposed project with adjacent residential. The proponents have spent a
good deal of time reviewing the proposal with adjacent property owners.
A solid fence adjacent to the alley with no vehicular access is an A-2
regulation adjacent to R-1. The project should have little effect on
traffic.
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Several neighbors indicated the need for a right turn lane on Chicago.
The lane can be dedicated when the property is platted. The southbound
lane currently has a right turn and a through/left turn lane. Congestion
occurs in the left/through lane. Streets Engineering does not have a
current estimate for a source of funding or timing for construction of the
lane. Traffic Engineering indicates that a new signal with a left turn
signal is scheduled to be installed in August, 1998.
The request was approved by the Planning and Zoning Commission
subject to the following condition:
The use shall be limited to a daycare.
Randy Henson, Senior Planner, presented staff comments.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10054 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(23.) Zone Case No. 2806 (2103 34th Street): Continuation of public
hearing on appeal of Ike Garner for zoning change from C-2 to C-4
for a secondhand goods store on Lot 1 and the east 120 feet of Lot 2,
McGee Addition, and to consider ordinance.
The Council continued this item from February 12.
Mr. Garner was unable to attend the Council meeting and had requested
that this be continued until the next meeting.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to continue this item until the March 12, 1998
City Council Meeting. Motion carried: 6 Yeas, 0 Nays.
TRANSPORTATION SERVICES
(24.) Consider Resolution No. 5777 authorizing the Mayor to execute an
interlocal agreement to share costs associated with the Southwest to
Northwest International Trade Corridor Initiative between the City
of Lubbock and the City of Plainview.
RESOLUTION NO. 5777
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 by and between the City of Lubbock and the City of Plainview. 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.
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Regular City Council Meeting
February 26, 1998
Page 109
Passed by City Council this 26th day of February, 1998.
/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/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Interlocal Cooperative Agreement is filed with Resolution 5777.
Lubbock continues to work with its West Texas neighbors to secure
interlocal agreements for the possible expansion of I-27. By working
closely with other cities along I-27, staff is forming a united front on
transportation for this region.
To date staff has entered into interlocal agreements with Lubbock
County, City of New Deal, Hale County, City of Tulia, Swisher County,
and Randall County. Plainview joins the list of cities that have entered
into agreements with the City of Lubbock to share costs associated with
this transportation initiative. City of Plainview's proportional share is
$13,728.
Lubbock will continue to work with remaining cities on I-27 who have
yet to enter into agreement to share costs associated with this project.
Tommy Gonzalez, Director of Civic Services, presented staff comments.
Staff recommended approval of the interlocal agreement between the
City of Lubbock and the City of Plainview.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to pass Resolution No. 5777 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Councilmember Ince had stepped away from the dais.
(25.) Consider Resolution No. 5778 authorizing the Mayor to execute an
interlocal agreement to share costs associated with the Southwest to
Northwest International Trade Corridor Initiative between the City
of Lubbock and the City of Abernathy.
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February 26, 1998
Page 110
RESOLUTION NO. 5778
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 by and between the City of Lubbock and the City of Abernathy and all
related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by City Council this 26th day of February, 1998.
/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
. •••� � :�CII�1��71iu
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Interlocal Cooperative Agreement is filed with Resolution 5778.
This interlocal agreement is similar to the agreement entered into with
the City of Plainview. Abernathy joins the list of cities and counties who
have agreed to share in the costs associated with the future potential
expansion of I-27. Abernathy's proportional share is $1,661.
Lubbock will continue to work with remaining cities on I-27 who have
yet to enter into agreement to share costs associated with this project.
Tommy Gonzalez, Director of Civic Services, presented staff comments.
Staff recommended approval of the interlocal agreement between the
City of Lubbock and the City of Abernathy.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to pass Resolution No. 5778 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Councilmember Ince had stepped away from the dais.
(26.) Consider Resolution No. 5779 accepting paving improvements
constructed by Williams and Peters Construction Company, Inc. in
Summerfield Addition, Lots 161-257 and Tracts A-5, A-6 and D.
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Page 111
RESOLUTION NO. 5779
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Summerfield Addition
Lots 161-257 and Tract A-5, A-6 and "D", made arrangements with Williams & Peters
Construction Company, Inc. for the construction of paving improvements on certain
streets and avenues dedicated in said subdivision under the provisions of said Ordinance
prior to the recording of the subdivision plat of the above -mentioned Addition, including
the following streets and avenues:
Elgin Avenue from the alley North of 87th Street to the North lip line of 87th
Street, known and designated as New Subdivision Sub -Unit Number 85 of Unit
Number 2037; and
Dixon Avenue from the South lip line of 87th Street to the North lip line of 88th
Street, known and designated as New Subdivision Sub -Unit Number 86 of Unit
Number 2037; and
Detroit Avenue from the South lip line of 88th Street to the alley South of 88th
Street, known and designated as New Subdivision Sub -Unit Number 87 of Unit
Number 2037; and
Canton Avenue from the North lip line of 88th Street to the alley North of 87th
Street, known and designated as New Subdivision Sub -Unit Number 88 of Unit
Number 2037; and
88th Street from the West end of radius at Boston Avenue to the cul-de-sac 360
— feet West of Dixon Avenue, known and designated as New Subdivision Sub -Unit
Number 89 of Unit Number 2037; and
87th Street from the West lip line of Canton Avenue to the cul-de-sac 200 feet
West of Elgin Avenue, known and designated as New Subdivision Sub -Unit
Number 90 of Unit Number 2037; and
87th Street from the West lip line of Boston Avenue to the East lip line of Canton
Avenue (including alley stub in West side of Boston Avenue, South of 87th
Street) known and designated as New Subdivision Sub -Unit Number 91 of Unit
Number 2037.
WHEREAS, the construction of the above improvements on the above -mentioned
streets and avenues was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues BE and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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Regular City Council Meeting
February 26, 1998
Page 112
Passed by City Council this 26th day of February, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D.Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
This is a routine acceptance of paving improvements required at the time
of platting this new subdivision. These improvements consist of street
paving and curb and gutter on:
Elgin Avenue from the alley north of 87th Street to the north lip
line of 87th Street;
Dixon Avenue from the south lip line of 87th Street to the north
lip line of 88th Street;
Detroit Avenue from the south lip line of 88th Street to the alley
south of 88th Street;
Canton Avenue from the north lip line of 88th Street to the alley
north of 87th Street;
88th Street from the west end of radius at Boston Avenue to the
cul-de-sac 360 feet west of Dixon Avenue;
87th Street from the west lip line of Canton Avenue to the cul-de-
sac 200 feet west of Elgin Avenue; and
87th Street from the west lip line of Boston Avenue to the east lip
line of Canton Avenue (including alley stub in west side of
Boston Avenue, south of 87th Street).
There is no City cost due the contractor upon this acceptance.
Larry Hertel, City Engineer, presented staff comments.
Staff recommended acceptance of these paving improvements.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass Resolution No. 5779 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Neugebauer
recused himself.
(27.) Consider Resolution No. 5780 stating the intent to pave portions of
streets and alleys to be included in an assessment program.
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Regular City Council Meeting
February 26, 1998
Page 113
RESOLUTION NO. 5780
1997 ASSESSMENT PAVING PROGRAM
WHEREAS, the City Council of the City of Lubbock by Resolution Nos. 5722
and 5739 passed on December 11, 1997, and January 8, 1998, respectively, in regular
session of said City Council, declared a necessity for and ordered the improvement of
those certain highways, streets, avenues and alleys or portions thereof in the City of
Lubbock, Lubbock County, Texas, as more particularly described hereafter, by
excavating, grading and paving the same, and by the construction of drainage facilities
therein, and by the construction of curbs and gutters wherein curbs and gutters are not
now in place, and directed the City Engineer to prepare plans and specifications for said
improvements; and
WHEREAS, the plans and specifications for the improvements of said
highways, streets, avenues, and alleys have now been duly approved by the City
Council of the City of Lubbock, Lubbock County, Texas; and
WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock
County, Texas, to be necessary and in the public interest to make the improvements
herein designated on those certain highways, streets, avenues and alleys or portions
thereof; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT improving the hereinafter described highways, streets,
avenues and alleys or portions thereof located within the City of Lubbock by
excavating, grading and paving the surface thereof and the construction of drainage
facilities therein, as well as the necessary curbs and gutters, which are not now in
place, is hereby found to be a necessity.
SECTION 2. THAT the cost of making such improvements shall be partly paid
for by the City of Lubbock and partly by the owners of property abutting upon the
hereinafter described highways, streets, avenues and alleys or portions thereof which
are hereby ordered to be improved, and the cost to be paid by the owners shall be a
personal liability and charge against the true owners of such property after public
hearing, all in accordance with and as required by Title 6, Subtitle E, Chapter 313 of
the Texas Transportation Code.
SECTION 3. THAT the portions of highways, streets, avenues and alleys
which are to be improved and the abutting property proposed to be assessed for said
improvements designated and defined by Unit and Sub -unit are as follows:
UNIT AND SUB -UNIT ALLEYS (10' WIDE)
A-461-73 The East-West alley between 64th Street and 66th
Street from Memphis Avenue East to 66th Street.
A-461-74 The North -South alley between Vicksburg Avenue
and Wayne Avenue from 4th Street to
Whisperwood Boulevard.
UNIT AND SUB -UNIT STREETS AND AVENUES
2342-001 East Harvard Street from Ash Avenue to Birch
Avenue.
2386-002 82nd Street from Frankford Avenue to West to the
City limits.
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Page 114
SECTION 4. THAT the City Secretary be and is hereby authorized and
directed to prepare a certified copy of this Resolution and to record or cause the same
to be recorded in the Real Property Records of Lubbock County, Texas.
SECTION 5. THAT this Resolution shall take effect and be in force from and
after its passage.
Passed by City Council this 26th day of February, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D.Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
This is the third of five resolutions associated with an assessment
program for the construction of paving improvements as follows:
The east -west, north -south alley between 64th Drive and 66th
Street from Memphis Avenue east to 66th Street;
The north -south alley between Vicksburg Avenue and Wayne
Avenue from 4th Street to Whisperwood Boulevard;
East Harvard Street from Ash Avenue to Birch Avenue; and
82nd Street from Frankford Avenue west to the City Limits.
This resolution will be filed in the Real Property Records of Lubbock
County and serves to notify anyone doing title research that an
assessment on the affected properties is in progress.
Larry Hertel, City Engineer, presented staff comments.
Staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 5780 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
HEALTH AND COMMUNITY SERVICES
(28.) Consider Resolution No. 5781 authorizing the Mayor to execute a
designation of the Neighborhood Target Areas for 1998-99 for the
Community Development Program.
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Regular City Council Meeting
February 26, 1998
Page 115
RESOLUTION NO. 5781
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 designation of the
Neighborhood Target Areas for 1998-99 for the Community Development Program and
all related documents. Said Designation 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 City Council this 26th day of February, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Designation is filed with Resolution 5781.
In 1993, the City Council set goals regarding the targeting of
neighborhoods to accomplish a focused renovation of blighted areas of
the community. The goal of targeting is to concentrate efforts to
revitalize a neighborhood, yielding more visible results to the community
and ultimately raising the income level of the neighborhood above the
low -moderate cut-off line.
A target neighborhood will be eligible for substantial funding from the
Community Development Block Grant, the HOME Investment
Partnership Program, and the Emergency Shelter Grant Program.
Targeting does not mean that the other eligible neighborhoods are
excluded from funding; however, they will receive less funding than the
targeted neighborhoods.
The following neighborhoods were selected by City Council for targeting
during the identified fiscal years:
FY 94-95 Arnett -Benson; Chatman Hill
FY 95-96 Arnett -Benson; Chatman Hill; Chris Harwell
FY 96-97 Arnett -Benson; Chatman Hill; Chris Harwell;
Jackson/Mahon
FY 97-98 Arnett -Benson; Chris Harwell; Jackson/Mahon
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Regular City Council Meeting
February 26, 1998
Page 116
The Community Development and Services Board met on February 4,
1998 to discuss, re-evaluate, and vote on the 1998-99 recommendations
for target areas. In keeping with the Consolidated Plan, the CDSB
decided to recommended to the City Council that:
1. Fifteen CD eligible neighborhoods continue to participate in
federal funding.
2. Seven of those neighborhoods continue to be prioritized as
identified in the Consolidated Plan.
3. That the Arnett -Benson, Chris Harwell, Jackson/Mahon and the
Heart of Lubbock neighborhoods be targeted for substantial
funding in 1998-99.
Doug Goodman, Director of Health and Community Services, presented
staff comments.
The Community Development staff supported the recommendations of
the Community Development and Services Board.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Cooke to pass Resolution No. 5781 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(29.) Consider Resolution No. 5782 authorizing the Mayor to execute a
reallocation of Community Development Block Grant and HOME
Investment Partnership Program funds for 1997-98.
RESOLUTION NO. 5782
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 Reallocation of
Community Development Block Grant and Home Investment Partnership Program for
1997-98 and all related documents. Said Reallocation 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 City Council this 26th day of February, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman4
Doug Goodman, Managing Director
Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
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Regular City Council Meeting
February 26, 1998
Page 117
A copy of the Reallocation is filed with Resolution 5782.
In order to meet the spending guidelines required by HUD, each year the
Community Development Department must reallocate any unspent
money from closed projects as well as program income. This year there
is money from both the Community Development Block Grant (CDBG)
Program, as well as the HOME Program, to be reallocated.
The Community Development and Services Board met on February 4,
1998 to discuss and vote on the 1998-99 recommendations for
reallocation of federal funds. In keeping with the needs identified in the
five-year Consolidated Plan, the CDSB decided to recommended to the
City Council that:
1. The $100,000 in HOME Program Income be divided in the
following manner:
$50,000 in city-wide rehabilitation, and
$50,000 in new construction.
2. The CDBG Reallocation of $600,000 be distributed in the
following manner:
North University Infrastructure
$ 55,000
YWCA Building Acquisition
100,000
CD/Housing Consolidation
100,000
City -Wide Housing Rehab
50,000
Emergency Repair Program
100,000
Barrier Free living Program
100,000
Positions
45,000
Contingency
50,000
Doug Goodman, Director of Health and Community Services, presented
staff comments.
The Community Development staff supported the recommendations of
the Community Development and Services Board.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Hernandez to pass Resolution No. 5782 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
PUBLIC SAFETY
(30.) Consider Ordinance No. 10055 amending Article IX of Chapter 14 of
the Code of Ordinances of the City of Lubbock, Texas with regard to
sexually oriented businesses with the City.
ORDINANCE NO. 10055
AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 14 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD
TO SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY; PROVIDING FOR
APPEAL; AND PROVIDING FOR PENALTY.
The provision for appeal of the denial of an application for a sexually
oriented business permit or the suspension or revocation thereof requires
amendment. Presently Sec. 14-252 provides for judicial review as
provided under the Texas Government Code, Administrative Procedure.
These provisions are not readily adaptable by local government because
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Regular City Council Meeting
February 26, 1998
Page 118
they provide for filing of the appeal at Austin. Deletion of reference to
appeal to the courts will mean that the decision of the Permit and License
Appeal Board on administrative appeal is final except as to any state or
federal constitutional issue that might be raised. City of Amarillo v.
Hancock, 239 S.W.2d 788, 790 (Tex. 1951).
Originally, the new ordinance amended Section 14-254-A, which
provides for additional regulations of sexually oriented cabarets or
lounges. This section was last amended by Ordinance No. 10020,
adopted 10-09-97. That amendment adopted a "no touch rule" under
which neither the semi-nude dancer nor patron may touch one another.
The Lubbock Police Department has had occasion to enforce this rule.
At least one permit holder has taken the position that it is not possible for
the permit holder to enforce the no touch rule. This related to violations
that occurred as a result of table dancing which the permit holder
conducts as a regular part of its business. Table dances provide a one-
on-one contact between the dancer and customer that includes the direct
exchange of money and facilitates the occurrence of criminal activities
such as drug dealing and prostitution.
In order to assist enforcement of the regulations and to deter the adverse
secondary effects of criminal activities such as drug dealing and
prostitution, a six-foot rule and platform requirement were proposed.
The six-foot rule and platform requirement would assist permit holders
in assuring that their employees comply with the no touch rule and would
also assist the police in enforcement of the regulations. Enforcement of
the regulations should reduce the occurrence of increased criminal
activities related to the operation of sexually oriented cabarets and
lounges.
A six-foot rule and platform regulation have been upheld by the Federal
District Court, Eastern District of Texas in Houston. Riva Corporation,
et al., v. Harris County, et al., Civil Action No. H-96-3277. Our 5th
Circuit Federal Appellate Court has not considered the constitutionality
of the provisions upheld by the Eastern District Court at Houston.
However, the 9th Circuit Court of Appeals at California has upheld
similar regulations. Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.
1986). The six foot and platform rules were pulled from the proposed
ordinance, with the expectation that they will later be considered by City
Council.
Presently the penalty clause classifies a violation as a Class C
Misdemeanor and sets the penalty at $2,000 (Sec. 14-265). Under the
Texas Penal Code the maximum fine for a Class C Misdemeanor is
$500. This Penal Code limitation is applicable to offenses defined by
other laws, including municipal ordinances (Penal Code Sec. 1.03).
Therefore, the new ordinance revises Sec. 14-265 to remove the
classification statement. A municipal court has jurisdiction of criminal
cases that arise under the ordinances of the municipality and are
punishable by a fine not to exceed $2,000 under ordinances that govern
fire safety, zoning, or public health and sanitation (Government Code
Sec. 29.003[a]).
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Page 119
Under Chapter 2, the provisions relating to setting Permit and License
Appeal Board hearings are confusing (Sec. 2-165). Because the meeting
must be set within 30 days of the denial, suspension or revocation, and
because provisions in the City Code relating to licensing provide time for
the applicant or license holder to give notice of appeal after a denial,
suspension or revocation, the City Secretary has on occasion had less
than two weeks to schedule appeal hearings. The revision provides that
the hearing will be scheduled within 30 days of the filing of the notice of
appeal, thus allowing up to 30 days to schedule appeal hearings.
Section 2-165 presently provides for a quorum of three but has no voting
provision. Board members have asked in the past if they must be
unanimous when voting on a matter. That question is difficult to answer
under the current ordinance. The amendment provides that a majority
vote when a quorum is present will carry a motion.
Anita Burgess, City Attorney, presented staff comments.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10055 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
MISCELLANEOUS
(31.) Consider Resolution No. 5783 supporting the effort to move the
Silent Wings Museum to Lubbock International Airport.
RESOLUTION NO. 5783
WHEREAS, Lubbock's municipal airport was redesignated the South Plains
Army Airfield during World War II and used as a major military glider pilot training
base; and
WHEREAS, the Silent Wings Museum presently located in Terrell, Texas
houses an extensive collection of military glider archives and artifacts; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interests of the citizens of the City of Lubbock to cooperate with the Silent Wings
Museum Foundation and the Texas Aviation Heritage Foundation, Inc. to bring the
Silent Wings Museum to the Lubbock International Airport, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby declares its full and
complete support of the effort to bring the "Silent Wings Museum" of World War II
military glider operations to Lubbock, especially since Lubbock's South Plains Army
Airfield was a major training site for World War II combat glider pilots.
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Page 120
Passed by City Council this 26th day of February, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
During World War II, Lubbock's municipal airport was taken over by
the military and used as a glider pilot training base. Re -named as South
Plains Army Airfield, the base served as the training grounds for most of
the glider pilots that saw action during the war. When the war was over,
the base was decommissioned, and the facilities were returned to civilian
control. While this was only a brief period in the history of our city's
airport, it is now a unique part of military history.
Many of the men and women who were stationed at South Plains Army
Airfield during the war are now members of the Military Combat Glider
Pilot's Association (MCGPA), a non-profit group dedicated to the
historical preservation of the glider pilots' story. MCGPA is associated
with a museum located in Terrell, Texas, which houses an extensive
collection of archives and artifacts. Named the Silent Wings Museum,
the collection includes a fully restored CG-4A glider, the same type that
was used for most of the training at South Plains Army Airfield.
Two years ago, the Department of Aviation was contacted by the Board
of the Silent Wings Museum to explore the possibility of bringing the
museum to Lubbock International Airport. Lubbock was one of several
sites that the Board was considering, but it is a sentimental favorite
among the members because of the historical connection. After several
months of discussion, the airport was invited to submit a proposal for the
museum.
While the airport staff supported the concept, there were concerns about
how the museum would be funded and who would staff it. About a year
after the airport's first contact with the Silent Wings Museum Board, a
group of aviation supporters in Lubbock established the Texas Aviation
Heritage Foundation, Inc. (TAHFI), a non-profit group dedicated to
preserving the aviation heritage of Texas and the South Plains.
Discussions between TAHFI and the airport led to a joint approach to
luring the museum that would limit the City's role in the project. The
proposal includes the following:
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Regular City Council Meeting
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Page 121
The City of Lubbock would:
1. Provide a ten -acre, long-term lease at no cost for the Silent Wings
Museum and a surrounding Aviation Heritage Park (the park
would be used not only by museum visitors, but would also
provide a picnic site for the numerous school tours that visit the
airport);
2. Provide picnic tables and equipment for the park; and
3. Maintain the grounds as a part of the airport grounds maintenance
program.
TAHFI would:
1. Raise $1 million for construction of a museum building and the
relocation of the museum to Lubbock; and
2. Develop and implement a program under which a third party
would operate the museum on an on -going basis.
The Silent Wings Museum would:
1. Transfer ownership of all of the museum's artifacts and archives
to the new museum; and
2. Provide approximately $350,000 for the development of displays
in the museum.
The land provided on the airport would be dedicated specifically for use
_ as a museum and park site as described above. Any modification or
expansion of the concept would require approval by the City Council. A
specific site for the museum will be chosen at a later date.
Mark Earle, Aviation Manager, presented staff comments. Dr. John
Bessler, Chair of the Texas Aviation Heritage Foundation, Inc., also
presented comments.
Staff requested that the Council pass a resolution supporting the effort to
move the Silent Wings Museum to Lubbock International Airport. In the
event that Lubbock is the chosen site, staff will negotiate a lease as
described above and will present it to the City Council for final
approval.
The Airport Board and staff recommended approval.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Nelson to pass Resolution No. 5783 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(32.) Consider Ordinance No. 10056 amending Article VI of Chapter 2 of
the Code of Ordinances of the City of Lubbock, Texas with regard to
the Permit and License Appeal Board.
ORDINANCE NO. 10056
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 2 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD
TO THE PERMIT AND LICENSE APPEAL BOARD; PROVIDING FOR
MEETINGS, QUORUM AND VOTING.
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Page 122
The agenda comments for this item are included with the comments in
Item No. 30, as they are related.
Anita Burgess, City Attorney, presented staff comments.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Nelson, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 10056 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(33.) Consider Ordinance No. 10057 amending Ordinance No. 9971
regarding telecommunications franchises to provide an alternative
linear foot fee for right of way usage to apply in the event such linear
foot fee would exceed the standard access line charge.
ORDINANCE NO. 10057
AN ORDINANCE AMENDING ORDINANCE NO. 9971 OF THE CITY OF
LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS
FRANCHISING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This change is needed because it was discovered during recent franchise
renewal negotiations with a smaller telecommunications company that
several prior franchises with smaller providers had provided a linear foot
fee as an alternative to the gross receipts (currently access line fee) fee
paid by the larger companies.
Failure to include an alternative linear foot fee, as has been historically
done in Lubbock, could result in a situation where a smaller franchise
holder might use nine miles of right of way but only serve three
commercial customers, which would result in an annual access line fee of
approximately $9.00. Obviously, this situation would not provide
adequate compensation to the City for the use of that amount of right of
way.
The City's telecommunications franchising consultant, Mr. Mark Smith
of Austin, recommended that in view of the non-discrimination
provisions contained in the both federal and state laws at the present time
the alternative linear foot charge should not be put in individual
franchises, but should be put in the regulatory ordinance and applied
equally to all franchise holders. It was initially thought that perhaps the
linear foot fee could be handled as a street use license, but Mr. Smith
recommended against that possibility for the reasons stated above.
The alternative linear foot fee will not impact the existing franchise with
Southwestern Bell Telephone, as City calculations based upon the total
street and alley right of way within the City of Lubbock indicate that the
access line fee will exceed the linear foot fee alternative in the
Southwestern Bell's case.
This figure of fifteen cents per linear foot is the amount contained in the
most recent small company franchises granted by the City and should not
have an adverse effect on the small providers as it is the same amount
already being paid in existing franchises.
Don Vandiver, First Assistant City Attorney, presented staff comments.
Staff recommended passage of this ordinance.
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February 26, 1998
Page 123
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 10057 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Councilmember Ince had stepped away from the dais.
(34.) Consider Resolution No. 5784 establishing a Citizen Economic
Development Task Force to investigate and recommend economic
development funding alternatives to the City Council.
RESOLUTION NO. 5784
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interests of the citizens of the City of Lubbock to create an Economic Development
Task Force to investigate and recommend economic development funding alternatives
to the City Council; and
WHEREAS, said Task Force shall be composed of 15 Lubbock residents to be
appointed by the City Council; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. There is hereby created an Economic Development Task Force of
the City of Lubbock to investigate and recommend to the City Council, Market
Lubbock, Inc. and other interested parties means, methods and opportunities by which
economic development funding for the City of Lubbock may be advanced.
SECTION 2. The Task Force shall consist of 15 members, who shall serve for
a period of one year from the date of this Resolution. Each City Council member shall
appoint two members to the Task Force and the Mayor shall name three members. The
Task Force will elect its own chair as its first order of business.
SECTION 3. The Task Force shall complete its work within one year of the
date of this Resolution, and shall forthwith present a written report prioritized with
funding recommendations to the City Council on economic development funding
strategies, and shall make such other reports or appearances before the City Council,
Market Lubbock, Inc. and other interested parties as may be requested by the City
Council.
SECTION 4. The Task Force shall concentrate its efforts upon economic
development funding strategies in order to make recommendations regarding alternative
funding sources and procedures for making maximum use of existing funding sources.
Innovation and education in economic development funding strategies shall be a goal of
the Task Force.
Passed by City Council this 26th day of February, 1998.
/s/ WINDY SITTON
ATTEST: WINDY SITTON, MAYOR
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
This item was placed on the agenda at the request of Mayor Windy
Sitton. Mayor Sitton and Councilmember Nelson presented comments
related to this item.
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February 26, 1998
Page 124
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 5784. Motion carried: 6
Yeas, 0 Nays.
(35.) Consider a resolution changing the time of Regular City Council
Meetings to afternoon or evening hours.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to continue this item indefinitely. Motion
carried: 4 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted
Nay.
(36.) Consider a resolution directing the City staff to provide timely
answers to open records requests by the public and/or news sources
and to request an Attorney General Opinion only when it is necessary
to do so in the opinion of the City's legal staff.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Prior to Council meeting, Councilmember Hernandez requested that this
item be deleted from the agenda.
(37.) Consider a resolution directing the City staff to provide public
information to the public and/or news sources at the minimum cost
established by law.
This item was placed on the agenda at the request of Councilmember --
Victor Hernandez.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to continue this item indefinitely. Motion
carried: 4 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted
Nay.
(38.) Consider a resolution directing the City staff to video tape all
briefings of City Council members being given by City staff and
preserve such video tape for viewing by the public and/or news
sources.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to continue this item indefinitely. Motion
carried: 4 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted
Nay.
(39.) Consider a resolution requiring a member of the City Council to
serve as a formal liaison to each City board and commission.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Prior to Council meeting, Councilmember Hernandez requested that this
item be deleted from the agenda.
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February 26, 1998
Page 125
(40.) Consider a resolution requiring the City Council to continue to make
all appointments of City board and commission members in public
and on the record.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Motion was made by Councilmember Cooke, seconded by
_ Councilmember Neugebauer to continue this item indefinitely. Motion
carried: 4 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted
Nay.
(41.) Consider a resolution establishing the position of "Citizen Liaison to
the City Council" and directing the City Manager to add such
position to the staff of the City's Public Information Office.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Prior to Council meeting, Councilmember Hernandez requested that this
item be deleted from the agenda.
BOARD APPOINTMENTS
Motion was made by Councilmember Hernandez, seconded by
Councilmember Neugebauer to confirm all reappointments of board
members. Motion carried: 6 Yeas, 0 Nays.
(42.) Confirm the reappointment of Richard 011er and Dr. Donna Bacchi-
Smith to the Board of Health.
(43.) Confirm the reappointment of Harry Stokley and Floyd Stumbo to
the Park and Recreation Board.
(44.) Confirm the reappointment of Mitchell Hankins, Lee Manning,
Winn Sikes, and Harold Womack to the Zoning Board of
Adjustment.
The citizens referenced above were selected for service during the City
Council executive session on February 12, 1998. They were all
contacted and have agreed to serve.
12:10 P. M. COUNCIL RECESSED
1:57 P. M. COUNCIL RECONVENED
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Page 126
1:58 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Ince made a motion to adjourn; Councilmember Hernandez seconded the
motion. Motion carried: 4 Yeas; 0 Nays. Mayor Sitton, Mayor Pro
Tem Cooke, and Councilmember Neugebauer were absent when Council
reconvened.
T:
Kayffile Darnell, City Secretary
Read and approved this 't w-
ATTEST:
day of , 1998.
Y SrfoD N, VA YUR
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