HomeMy WebLinkAboutMinutes - City Council - Regular - 3/25/1999CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 25, 1999
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 25th
day of March, 1999, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:32 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Victor Hernandez,
Councilmember Marc McDougal, and Councilmember David Nelson
CITIZEN COMMENTS
Two citizens expressed comments to the Council. They were:
Dr. Lester Payne; and
David Aycock.
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); pending or contemplated litigation
(Police Department; Water Utilities); personnel matters regarding duties,
responsibilities, and/or appointments (Boards and Commissions); and to
deliberate the purchase, exchange, lease, or value of real property
(Water Utilities).
7:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
Councilmember Patterson was not 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).
(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 (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
Building Board of Appeals
Complete Count Committee
Culture and Arts Commission
Electric Utility Board
Board of Electrical Examiners
Keep Lubbock Beautiful Advisory Committee
Neighborhood Redevelopment Commission
Parks and Recreation Board
Permit and License Appeal Board
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March 25, 1999
Page 182
Public Transit Advisory Board
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 (Water Utilities).
9:31 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
( 5.) Presentation from Texas Department of Transportation on proposed
changes to the design of the East-West Freeway by Steve Warren,
Director of Transportation Planning and Development for the
Lubbock District.
Mr. Steve Warren, Director of Transportation Planning and
Development for the Lubbock District of Texas Department of
Transportation (TxDOT), will be making the presentation.
TxDOT is planning to hold a public meeting at 7:00 p.m., April 1, 1999,
at Cavazos Junior High School to present proposed design changes on
the East-West Freeway project. City staff has asked TxDOT to present
these changes to the City Council prior to that public meeting.
Several City staff members were briefed on the major changes to the
design in a meeting at the TxDOT office on March 4, 1999. The major
changes discussed by TxDOT at that meeting were:
1. Freeway main lanes would now be elevated to go over Avenue Q.
2. Tech Boulevard now included in design.
3. Intersection design at 34th and Slide Road.
4. West Loop direct connections reduced from eight to two
5. Access changes along West Loop.
No action is necessary.
(6.) Legislative update by Councilmember David Nelson.
10:30 A. M. WORK SESSION ADJOURNED
10:47 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tern 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 10:47 A. M.
(7.) Senior Pastor Gary Kirksey of the Trinity Church gave the
invocation.
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( 8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
TOP TEN LIST
Councilmember David Nelson gave his Top Ten List of Positive Things
About Lubbock.
No. 10 is Laureate, Poet, Walter McDonald. As evidenced by the
proclamation and presentation that will be made later in this council
meeting, Lubbock does have a poet laureate, and Texas Tech Professor
Dr. Walter McDonald is it. We encourage everyone in Lubbock to
support and become involved in the "Raising a Reader Book Festival"
and National Poetry Month beginning in April.
No. 9 is Upstart Attitude. Even at 90 years of age, Lubbock is a
"young" city. And I've been asked to remind everybody that we're
having a birthday celebration for Lubbock this Saturday, March 27th, at
the Mahon Library beginning at 10:00 until 4:00. We'll have the largest
cake ever made, and you're welcome to come and sample and taste that
cake and celebrate Lubbock's 90 years young. Through the years our
city forefathers, often as the "new kids on the block," have had to work
twice as hard, twice as long, and be twice as good just to compete with
other cities in this part of the world. Because of that "upstart attitude"
Lubbockites have a great deal of pride and protective attitude towards
our great city. This attitude has brought great things and great people to
the City of Lubbock and has zealously preserved those virtues and
qualities of life in Lubbock that we all cherish.
No. 8 is Bronc Bustin'. April 2nd through the 4th has been proclaimed
"ABC Rodeo Days" (and there will be a recognition later on in the
meeting today) in Lubbock because the ABC Rodeo is in town. This has
been a great event in Lubbock since 1943, which showcases some of the
best bull riding, calf -roping and overall bronc bustin' that you will ever
see in a rodeo arena. Let's get out and support the ABC Rodeo and the
public service organizations that this Rodeo supports from the proceeds
of the event.
No. 7 is Bus Service. Lubbock's public transit system has declared
March as "Citibus Passenger Appreciation Month." With first class
advertising on the exteriors, Citibuses transported four million
passengers last year, many of whom were handicapped and reliant upon
the bus service for their sole means of transportation. Bicycle racks on
the buses and new software for the demand response service have been
added recently for customer service. Thanks go to Citibus Manager
John Wilson and his staff for going the "extra mile" for their passengers
and the entire community of Lubbock.
No. 6 is Oars in the Water. Lubbock has had a reputation throughout
the state for being, among other things, a down-to-earth community with
its roots firmly planted in the agricultural area. We are level headed,
practical, yet progressive people. In addition, we have exhibited a zeal
to achieve great things in Lubbock. We have worked hard forming
partnerships within the City and within the region, to be progressive, to
be prepared, and to lead the way into the next millennium. We realize
that we all have to work together, moving in the same direction with the
same basic goals to achieve our objectives in Lubbock --the primary one
being to be the best city in the United States in which to live and work.
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To accomplish that, we must all work together and have all of our "oars
in the water," rowing together and in the same direction.
No. 5 is Crossroads, as in Music Crossroads. If you were in our Work
Session earlier, you know that the House Concurrent Resolution now in
the Texas Legislature made official what we have known in Lubbock and
West Texas for a long time. That is that Lubbock is the music
crossroads of Texas. Recognition of Lubbock's musical heritage and the
contributions that Lubbock and West Texas musicians have made to
music genres for generations was officially recognized by the Texas
Legislature when the Governor Bush signed House Concurrent
Resolution 65 designating Lubbock on March 19th as the Music
Crossroads of Texas. Let us applaud this recognition, build on it in the
years to come, and market this entertaining quality of life in Lubbock
throughout the state, nation and the world.
No. 4 is Kickapoo. The Kickapoos are one of many Native American
tribes that will be represented this week at the South Plains Fairgrounds
for the 7th Annual Intertribal Pow Wow. This event, sponsored by the
West Texas Native American Association, is expected to attract more
than 4,000 people to the City for the purpose of singing, dancing,
feasting, selling and trading arts and crafts, and upholding traditional
customers of Native Americans in this region.
No. 3 is Years of Strengthening America. Lubbock joins the cities
across the nation to celebrate the 25th anniversary of the creation of the
Community Development Block Grant Program. This anniversary will
highlight the accomplishments and benefits that accrued to cities
throughout American over the past 25 years as a result of those federal
grant funds. Job training, literacy programs, and rehabilitation of
housing for low-income families are only a few of the many
accomplishments of the Community Development Block Grant Program.
Let's join with Congressman Mac Thornberry in celebrating Community
Development Week next week.
No. 2 is Endangered Species Habitat. Prairie Dog Pete has been a
recognizable mascot of our Convention and Tourism Bureau for years.
Our Parks and Recreation Department has maintained Prairie Dog Town
in McKenzie Park for over 50 years. With the recent debates in our
legislative bodies regarding whether or not prairie dogs should join the
list of endangered species, it is comforting to know that they always have
had and always will have a protected habitat in Lubbock.
No. 1 is Sharp Lady, as in Marsha Sharp. Lubbock and Texas Tech
now have a new representative in Austin. Congratulations to Marsha
Sharp, Texas Tech Lady Raiders Basketball Coach, who was inducted
into the Texas Women's Hall of Fame on March 4th of this year.
Marsha also celebrates a first place finish in the Big 12 Basketball
Conference, winning the Big 12 Basketball Tournament, being named
Coach of the Year in the Big 12, and has been instrumental in raising
women's basketball in the nation to a new level. The Lady Raiders
concluded their basketball season this past weekend, making it into the
Sweet 16 in the NCAA Tournament, and finishing the season at 30 wins
and 4 losses. Marsha, her staff, and her players continue to put Lubbock
and Texas Tech on the map in a big way. Congratulations to Marsha.
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BOARD APPOINTMENTS RECOGNITION
Community Relations Commission
Receiving: Sharon Bass
Bonner Bennett
Paula Finney (unable to attend)
Paul Florez
Charles Johnson
Ronda Langston (unable to attend)
Juan Mancias
Velma Medina
Hector Molina (unable to attend)
Carmyn Morrow (unable to attend)
Harley Oberhelman
Palmira Perea-Hay (unable to attend)
Ruben Reyes (unable to attend)
McKinley Shepherd
Cara Speer
Gail Tutino
Wilma Wright (unable to attend)
Keep Lubbock Beautiful Advisory Committee
Receiving: Cleve Haley (unable to attend)
Larry Lowe
Karen Malouf (unable to attend)
Penny Mason
Winona Cape
Neighborhood Redevelopment Commission
Receiving: Arthur Norman
CITIZEN APPEARANCES
( 9.) Presentation of a proclamation naming Walter McDonald "Poet
Laureate of Lubbock" as part of the celebration of National Poetry
Month throughout April.
Each April is declared National Poetry Month in a nationwide
celebration of poetry. Nationally, the celebration is marked by public
readings, special events and contests to promote and foster poetry and
literacy, and the distribution of free books on poetry to schools,
libraries, and other institutions. Locally, the "Raising a Reader Book
Festival" will host its second annual event on April 1 in celebration of
National Poetry Month. A committee formed of individuals from the
City Library, the Literacy Coalition, Lubbock and Frenship Independent
School Districts, Texas Tech University, the Lubbock Avalanche
Journal, as well as Barnes and Noble Bookstore, have organized events
including a poetry contest, seminars and readings from local poets,
programs to be presented in schools, and an overall promotion effort.
As part of this celebration, this committee has asked that Dr. Walter
McDonald, a Lubbock resident, be named Poet Laureate of Lubbock on
April 1, 1999 as part of the celebration of National Poetry Month
throughout April. Dr. McDonald is a professor of English at Texas
Tech University where he serves as Poet in Residence and Director of
Creative Writing. He has received numerous honors for his 1,700
published poems, which have appeared in many prestigious publications
and journals.
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The proclamation was presented at this time to better coincide with the
publicity for the upcoming "Raise a Reader Book Festival".
This proclamation will name Walter McDonald "Poet Laureate of
Lubbock" on April 1, 1999 as part of the celebration of National Poetry
Month throughout April.
Ann Boggs of Barnes and Noble Bookstore was present and gave a short
presentation and a poster regarding an upcoming reading event sponsored
by Barnes and Noble, at which Mr. McDonald will speak. Mr.
McDonald accepted the proclamation and gave a short acceptance
speech.
(10.) Presentation of special recognition to Mark Putman, ABC Rodeo
Chair, commemorating ABC Rodeo Week.
Since 1943, the ABC Rodeo has a long tradition of contributing to the
community, and has helped to sponsor Lubbock's three Boys' Clubs.
The ABC Rodeo promotes leadership skills and initiative among young
people as it continuously works to strengthen the bonds of friendship and
compassion. The ABC Rodeo strives to enhance the quality of life for
our community's young people and fosters goodwill and charity for all.
Members of the American Business Club have worked hard and spent
many hours organizing this worthwhile event in order to ensure its
success and its ongoing efforts for the community. This proclamation
declares April 2-4, 1999 as "ABC Rodeo Days" in Lubbock.
Mark Putman accepted this proclamation on behalf of the ABC Rodeo
and presented the Council with red bandanas.
(11.) Presentation of special recognition to Tommy Camden and Mary
Croyle commemorating the 17th Annual Citywide Health Fair.
The 17th Annual Citywide Health Fair will be observed in Lubbock,
Texas during the weekend of April 9-10, 1999, which encourages
residents to invest in their future. The 17th Annual Citywide Health Fair
will educate residents about the benefits of healthful behaviors and
encourage residents to make healthy lifestyle choices and changes. The
City of Lubbock Health Department and other health professionals at the
17th Annual Citywide Health Fair will work together to protect all
Lubbock citizens by assuring safe food and clean water, providing
immunizations, preserving safe child care, regulating health
professionals and facilities, preventing and controlling diseases in
humans and in animals, and educating the public about healthy behaviors
that result in a longer, happier, and healthier life. Hundreds of health
professionals at the 17th Annual Citywide Health Fair dedicate
themselves to maintaining and improving the health of their fellow
citizens.
Tommy Camden, Public Health Manager, accepted this special
recognition and also recognized Mary Croyle, Health Education
Coordinator, for her efforts in organizing the Health Fair. Members of
the Health Education Team passed out flyers and gave each council
member a lapel button and pencil regarding the Health Fair.
(12.) Presentation of a proclamation for National Community
Development Week and Fair Housing Month followed by a
Community Development video highlighting community development
projects and programs.
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Page 187
The Community Development Block Grant (CDBG) program works
locally to address complex community problems and was signed into law
on August 22, 1974 by President Gerald R. Ford. These federal funds
are provided annually to states, counties, and local governments for a
variety of community development uses that include basic water, sewer,
street and sidewalk improvements, start-up business loans, rehabilitation
of housing for low-income families, job training and literacy programs,
as well as senior and youth programs.
This year, the City of Lubbock will join cities across the nation to
celebrate the 25th Anniversary of entities that receive Community
Development Block Grant (CDBG) funding. The 1999 annual
Community Development (CD) Week celebration is to be held the week
of March 29-April 1. The theme for this year's Community
Development Week is "25 Years of Strengthening America's
Communities." This Anniversary will highlight the accomplishments
that have occurred during the past 25 years in the City of Lubbock,
Texas.
The City will also declare April 1-30, 1999 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:
Saturday, March 27: 10:00 a.m. - 6:00 p.m.
Housing Fair to Promote Fair Housing Month
South Plains Mall
(6002 Slide Road, between Dillard's and Mervyns)
The Lubbock Housing Consortium is sponsoring booths to promote
housing opportunities. Realtors, bank representatives, housing nonprofit
agencies, and governmental entities will be at the booths to address
questions regarding affordable housing opportunities.
Monday, March 29: 5:30 p.m. - 7:00 p.m.
Neighborhood Association Reception
Garden and Arts Center
(5215 University)
An informal reception between the Neighborhood Associations and other
concerned officials where CDBG-eligible neighborhood associations will
have the opportunity to discuss neighborhood concerns.
Wednesday, March 31: 11:00 a.m.
Ribbon Cutting/Grand Opening for B&S Diner
B&S Diner
1722 Parkway
This ribbon cutting and grand opening event is for a new minority -owned
business that is opening. This business was provided assistance through
the City's micro -enterprise loan program funded through CDBG.
Thursday, April 1: 2:00 p.m.
Ribbon Cutting for Donated House Reception
2302 Globe Avenue
Keynote Speaker: U. S. House Representative William Mac Thornberry.
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A state-of-the-art home, made out of insulated concrete forms, was built
using donated labor and materials. This house is more resistant to
tornadoes and energy -efficient than a traditional wood frame home. This
house will be sold to a low to moderate -income family. A ribbon -cutting
ceremony will be held to honor the contractors who assisted with this
project.
Nancy Haney, Community Development Manager, accepted the
proclamation, and members of the Community Development Board
passed out coffee mugs with candy to the Council. Everyone present
then viewed the new Community Development video.
CONSENT AGENDA (Items No. 13 - 19, No. 21, No. 23-29)
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.
(13.) Approval of the minutes of the Regular City Council Meeting of
March 25, 1999.
(14.) Resolution No. 6231 authorizing the Right -of -Way Department to
make an offer to James R. Moore, Independent Executor of the
Estate of Janie Rebecca Wilbanks, deceased, for an 8.71-acre tract of
land needed for the East-West Freeway railroad relocation (south of
19th Street, west of FM 179).
RESOLUTION NO. 6231
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate to the following
described parcel of land located in Lubbock County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO OWNER'S NAME
AMOUNT
IRR-7 James R. Moore, Independent Executor of the $23,900
Estate of Janie Rebecca Wilbanks, deceased
SECTION 2. THAT the above -described parcel of land whose acquisition is
herein authorized is more particularly described as "Exhibit A" attached to this
Resolution and incorporated herein as part of this Resolution.
SECTION 3. THAT any and all offers previously made by the City of Lubbock
for the above described property are hereby rescinded and revoked.
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SECTION 4. THAT the owners of the above -described parcel of land being
James R. Moore, Independent Executor of the Estate of Janie Rebecca Wilbanks,
deceased BE offered through the Right -of -Way Department of the City of Lubbock the
amount of $23,900 indicated for this parcel, which is the amount appraised as the value
and total damages for the fee simple title and acquisition of the surface estate of said
real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes
herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock,
or its authorized representatives, are hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the fee simple title of the
surface estate to any or all such parcels as hereinabove described for public purposes
and municipal purposes.
Passed by City Council this 25th day of March, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
This resolution authorizes the Right -of -Way Department to make an offer
for parcel 1 RR 9 to James R. Moore for an 8.71-acre tract of land for
the railroad relocation project. This parcel of land was appraised by
Tommy Cantrell, whose appraisal indicated a value of $23,900, which is
our offer to Mr. Moore. This resolution also authorizes condemnation
proceedings if this offer is refused.
The Right -of -Way Department recommended the City's offer to
James R. Moore, Executor of Estate of Janie Rebecca Wilbanks.
(15.) Resolution No. 6232 authorizing the Right -of -Way Department to
make an offer to John Huffaker, Wayne Huffaker, Gerald Huffaker,
Maurice Huffaker a/k/a M. J. Huffaker, Donald Lee Huffaker,
Roger Douglas Huffaker, and Joyce Iva Huffaker a/k/a Joyce
Huffaker a/k/a Iva Joyce Huffaker for a 30-foot permanent
underground sewer line and communications cable easement and a
70-foot working easement in Section 3, Block D-6, Lubbock County
Texas, Reese sewer line project (1201 Inler Avenue).
Regular City Council Meeting
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Page 190
RESOLUTION NO. 6232
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for an underground sewer
line and communications cable easement to Reese Air Force Base now known as the
Reese Redevelopment Authority, and the City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with the acquisition
of land as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the permanent and working easement to each of the
following described parcel of land located in Lubbock County, Texas, be acquired for
public purposes and municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO OWNER'S NAME AMOUNT
SL-18 John Huffaker, Wayne Huffaker, Gerald $6,400.00
Huffaker, Maurice Huffaker a/k/a M. J.
Huffaker, Donald Lee Huffaker, Roger
Douglas Huffaker, and Joyce Iva Huffaker
a/k/a Joyce Huffaker a/k/a Iva Joyce Huffaker
SECTION 2. THAT the above -described parcel of land whose acquisition is
herein authorized are more particularly described in exhibits attached to this Resolution
and incorporated herein as part of this Resolution.
SECTION 3. THAT the above -described parcel of land Be offered through the
Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for
their respective parcel(s), which is the amount appraised as the value and total damages
for the granting of a permanent and working easement, including all legal obligations
attached thereto, for the use and benefit of the City of Lubbock, Texas, for the
purposes herein stated, and unless accepted forthwith, the City Attorney of said City of
Lubbock is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title to any or all such parcel as
hereinabove described for public purposes and municipal purposes.
Passed by City Council this 25th day of March, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
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This resolution was originally placed on the City Council agenda for
approval on February 11, 1999. Since that time, the abstract company
that City staff has been working with has completed its final title work
on this property and discovered some additional owners to the property
as well as one that had passed away. Staff is getting very little
cooperation from the Huffaker Estate heirs with this project. Our offer
to the Huffaker family is $6,400 and they countered back at $18,000 plus
rights to tap this line. This resolution authorizes condemnation if they do
not accept this final offer. Staff will also cross the Huffaker property
with the East-West Freeway railroad relocation project so getting the title
correct now is imperative.
The Right -of -Way Department recommended the City's offer to the
Huffaker family.
(16.) Resolution No. 6233 authorizing the Mayor to execute Change Order
No. 2 to Contract #98040 for the Advanced Traffic Management
System (ATMS) by and between the City of Lubbock and Daniel,
Mann, Johnson & Mendenhall (DMJM).
RESOLUTION NO. 6233
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, Change Order No. 2 to
the Contract for the Advanced Traffic Management System, by and between the City of
Lubbock and Daniel, Mann, Johnson & Mendenhall of Colorado Springs, Colorado,
and all related documents. Said Change Order 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 25th day of March, 1999.
/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 Change Order No. 2 is filed with Resolution No. 6233.
This change order is to provide Data Radio Support for communications
from the new central traffic control computer to approximately 30 of the
intersections in southwest Lubbock. This work is being added to the
contract due to DMJM's experience on similar data radio systems and
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staff's current lack of experience in this area. This change order
includes training staff on the installation and operation of this data radio
equipment. Additional data radio equipment needed to complete the
ATMS communications will be purchased and installed by the city staff
(approximately $40,000) after DMJM's training. Originally, Traffic
Engineering planned to communicate with half of these intersections with
fiber optics, but the fiber optics and wide -area network will not be in
operation in time. The spread spectrum data radio system proposed will
allow Traffic Engineering to communicate with the signalized
intersections in southwest Lubbock approximately 18 months sooner than
if staff waited on the fiber optics. The data radio communications will
allow us to stay on schedule of having over 30 intersections on the new
ADVANCED TRAFFIC MANAGEMENT SYTEM by the end of
September 1999. Staff will also be able to switch some of the
intersections to fiber optics at a later date, if needed, and reuse the data
radios at other isolated locations that are not economically accessible to
fiber. This higher number of locations using spread spectrum data radio
communications will save at least $50,000.
Adequate funding exists in the Signal Computer System and
Communications Capital Project #930-9296 to cover this increased cost
to this contract of $41,171.30. This change order will not increase the
costs to the Signal Computer System and Communications Capital
Project which includes several different contracts.
The Traffic Engineering Department and the Competition and Contracts
Manager recommended approval of this resolution to authorize this
change order.
(17.) Resolution No. 6234 authorizing the Mayor to execute a contract
with Texas Tech University for campus bus service.
RESOLUTION NO. 6234
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement between the
City of Lubbock and Texas Tech University to provide bus service for Texas Tech
University. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
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Passed by City Council this 25th day of March, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mildred Cox
Mildred Cox
Director of Transportation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Agreement is filed with Resolution No. 6234.
The contract with Texas Tech University (TTU) for transit services is for
a one-year period beginning September 1, 1999 and ending on August
31, 2000. Contract cost per hour will be $34 for each bus, with fuel cost
adjustment above or below $1.05 per gallon. The price of $34 per hour
covers the full cost recovery for the City of Lubbock. Citibus has had a
contract with TTU since 1968, with the fuel cost adjustment being added
to the contract in 1981. In accordance with the TTU contract, Citibus
does not collect fares from its passengers.
The City of Lubbock is eligible to receive an equal amount from the
Federal Transit Administration for each dollar collected from TTU. The
additional funds are used to pay for system expenses which otherwise
would have to be paid by the City. Citibus anticipates receiving
$849,400 from TTU in FY 1999.
The TTU Board of Regents will consider approval of the contract at their
meeting on May 13-14, 1999. The TTU Board of Regents requested that
the City Council execute the contract first.
Citibus recommended the approval of the TTU contract.
(18.) Resolution No. 6235 authorizing the Mayor to execute a maintenance
contract with J. D. Edwards for software support of the City's
Financial Systems.
RESOLUTION NO. 6235
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 Software License,
Services and Maintenance Agreement and all related documents between the City of
Lubbock and J. D. Edwards World Solutions Company. 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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March 25, 1999
Page 194
Passed by City Council this 25th day of March, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning
Sharlett Chowning
Information Technology Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Agreement is filed with Resolution No. 6235.
Five years ago the City of Lubbock contracted with J. D. Edwards for a
Financial System. This application software is currently in use for
Human Resources, Payroll, Purchasing, Budget, and Accounting. The
original contract provided five years of maintenance. At this time, the
City needs to renew the maintenance agreement with J. D. Edwards at an
annual cost of $76,761.
Staff recommended approval of this maintenance contract with J. D.
Edwards.
(19.) Resolution No. 6236 authorizing the Mayor to execute for and on
behalf of the City of Lubbock an amendment to professional service
agreement by and between the City of Lubbock and Gelber
Management, Inc.
RESOLUTION NO. 6236
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 Professional Services
Contract between the City of Lubbock and Gelber Management, Inc. to provide
consulting services regarding fuel management program for the production department
of LP&L. 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 Council.
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Page 195
Passed by City Council this 25th day of March, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul Thompson
Director of Electric Utilities
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Professional Services Contract is filed with Resolution No. 6236.
The original agreement effective July 1, 1997 called for Gelber
Management to review the various fuel indexes under which Lubbock
Power and Light purchases its fuel and to recommended specific amounts
and prices to lock in. The original agreement was structured to reward
Gelber with a percentage of the savings as compared to budgeted
amounts.
In July of 1998, LP&L entered into new gas purchase agreements with
LG&E. This new agreement has significantly increased the number of
indexes to be considered. The amended Professional Services
Agreement more accurately defines the fee structure to match the actual
work performed.
The major parts amended include:
1. An increase in the retainer to $18,000 per quarter. (now included
in the cap)
2. Elimination of work performed on purchased power;
3. A fee based upon a combination of budgeted and actual index
costs, and
4. A cap on maximum possible fees. (The original did not have a
cap, the amendment caps the fee to '/a % of fuel costs per
quarter.)
The staff recommended that the City Council approve the amendment.
(20.) Resolution No. 6239 authorizing the City Council to approve the
recommendation of the Parks and Recreation Board regarding FY
1998-99 use of in -kind services by City of Lubbock departments for
special event support.
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Page 196
This item was moved from Consent to Regular Agenda and was
considered following Item No. 29.
RESOLUTION NO. 6239
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, regarding FY 1998 - 99 use of
in -kind services by City of Lubbock Departments, as shown in Exhibit "A". Said
Exhibit "A" 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 25th day of March, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Managing
Director of Civic 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. 6239.
At the January 9, 1997 City Council meeting the City Council approved
Ordinance No. 9965 that 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 ninety percent is
earmarked for existing events, while the remaining ten percent 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.
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Page 197
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 five
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.
On March 2, 1999 the Parks and Recreation Board approved the
aggregate scoring of the applications. The Parks and Recreation Board
recommended the following Special Event Applications for in -kind
services:
EVENT
IN -KIND
REQUESTED
IN -KIND
GRANTED
PERCENT
RECEIVED
Cowboy Symposium
$5,389
$5,065.66
94%
Lubbock Arts
Festival
$366
$344.04
94 %
March of Dimes
$1,289
$1,146.21
89%
Pancake Festival
$932
$820.16
88 %
4' on Broadway
$80,496
$70,031.52
87%
YWCA Mini Ind
$1,846
$1,569.10
85%
Diabetes Association
$495
$415.80
84 %
Juneteenth
$7,480
$5,011.60
67%
To date, there is a total of $98,293 of in -kind services requested with a
total of $84,404.09 approved 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 $72,760.91 of in -kind
services that can be allocated for existing special events. This total does
not include the $20,000 reserved for new special events.
Tommy Gonzalez, Director of Civic Services, presented staff comments.
Staff recommended approving the eight recipients for the in -kind services
to be provided through the Special Events Policy adopted by City
Council.
Motion was made by Councilmember Ince, seconded by Councilmember
Nelson to pass Resolution No. 6239 as recommended by staff. Motion
carried: 7 Yeas, 0 Nays.
The next item considered was Item No. 22.
(21.) Resolution No. 6237 authorizing the Mayor to execute an Airport
Project Participation Agreement between the City of Lubbock and
the State of Texas, acting through the Texas Department of
Transportation (TxDOT), to accept a grant for the Air Service Study
for the Lubbock International Airport.
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Page 198
RESOLUTION NO. 6237
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 Airport Project
Participation Agreement between the City of Lubbock and the State of Texas, acting
through the Texas Department of Transportation, to accept a grant for the Air Service
Study for the Lubbock International Airport, 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 25th day of March, 1999.
/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/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Participation Agreement is filed with Resolution No. 6237.
At its December 16, 1998 meeting, the City Council approved a
resolution authorizing the Department of Aviation to participate in an air
service study that is being conducted by the Texas Department of
Transportation. The study will focus on air service deficiencies in
smaller cities throughout the state with an emphasis on the impact that
airline -pricing strategies have had on the ability of small cities to attract
service. The study will provide information that will be utilized by the
City of Lubbock's Air Service Task Force.
The total cost of the study is projected to be approximately $400,000.
Ninety percent of the funding will come from a grant from the Federal
Aviation Administration. The remaining ten percent will be divided
among the cities that are participating in the study. Lubbock's share will
be approximately $1,000.
This resolution authorizes the Mayor to sign the FAA grant agreement.
Staff recommended approval.
(22.) Resolution No. 6240/RFP #98156--Workers' Compensation Insurance
(Human Resources)
This item was moved from Consent to Regular Agenda and was
considered following Item No. 20.
Regular City Council Meeting
March 25, 1999
Page 199
RESOLUTION NO. 6240
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 by and between
the City of Lubbock and Texas Municipal League Intergovernmental Risk Pool of
Austin, Texas, for Workers' Compensation Insurance, 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 25th day of March, 1999.
/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 Interlocal Agreement is filed with Resolution No. 6240.
This contract provides worker's compensation insurance coverage for
City Of Lubbock employees. Proposals were evaluated using the
following criteria:
Coverage
20 %
Service and Claims
20%
Financial Capacity
10 %
Professional Effort
10 %
Management Information
15 %
Cost
25 %
The following companies responded to the Request for Proposal and
were initially ranked as follows:
Stoltz & Company Ltd. of Lubbock, Texas
17.50
Texas Municipal League Intergovernmental
Risk Pool of Austin, Texas
15.65
Texas Political Subdivisions of Dallas, Texas
14.13
Sanford Insurance Agency of Lubbock, Texas
9.40
Leibowitz Insurance Agency of Belton, Texas
8.30
Leon J. Petty Insurance of Abilene, Texas
7.95
Upshaw Insurance Agency, Inc. of Amarillo, Texas
7.60
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Page 200
Once the selection committee ranked the respondents, the committee
agreed that Stoltz & Company and Texas Municipal League (TML) were
close in ranking and the only proposers whose cost was within the range
that staff believes to be most cost effective to the City. The proposer
with the next closest cost was Texas Political Subdivisions at
$1,170,538. Stoltz & Company's total cost proposal for the life of a
single claim year was $744,286 including a $500,000 annual aggregate
deductible and $244,286 in premium. The cost proposal from TML
included $345,392 guaranteed first dollar coverage. The cost difference
of the two proposals was attributed to an error by TML in calculating
loss history. When notified of this cost difference, TML chose to honor
their cost proposal. The Self -Insurance - Worker's Compensation budget
amount as estimated by actuary is $1,700,000.
Items of clarification were requested from Stoltz & Company and TML
and included servicing, management information, and cost. After
obtaining these items of clarification, the two highest ranked firms were
re -rated by the selection committee. Consequently, TML was ranked
highest. The selection committee recommended a contract for workers'
compensation insurance coverage with Texas Municipal League. With
this action, the city will save approximately $400,000.
Motion was made by Councilmember McDougal, seconded by
Councilmember Cooke to pass Resolution No. 6240 as recommended by
staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Ince voted Nay.
The next item considered was Item No. 30.
(23.) Bid #99029--Used Portable Generator (Water Utilities)
This bid is for the purchase of two 68 kW and one 50 kW emergency
portable generators to provide for uninterrupted service at the sewer lift
and pumping stations. The Wastewater Collection Department operates
21 lift and pumping stations that convey household, commercial, and
industrial waste to the Southeast Water Reclamation Plant. Three critical
stations require backup power in the event of a whole or partial power
failure. The stations are located at 23rd and Quaker, the Texas
Department of Criminal Justice Psychiatric Facility, and 98th and
Avenue P. The purchase of portable back-up generators will ensure that
the lift and pumping stations are continuously conveying waste to the
treatment plant and will eliminate the potential for Lubbock citizens'
exposure to hazardous waste.
The Water Capital Projects - Emergency Generators budget amount is
$29,500. The low bid is $29,500 from Rental Service Corporation, Inc.
of Scottsdale, Arizona.
(24.) Bid #99031--Doppler Traffic Radar Units (Radio Shop)
The bid is for the purchase of 44 Doppler traffic radar units designed to
measure, compute, and display the speeds of target vehicles in stationary
and moving modes of operation. The radar units meet or exceed the
specifications for type IV radar (K-band, moving/stationary) as stated in
the most recent draft of the Model Minimum Performance Specifications
for Police Traffic Radar Devices released by the National Highway
Traffic Safety Administration and are Y2K compliant. These new units
will help ensure fair and equitable treatment of all speed violators while
maintaining the highest degree of the officer's and agency's credibility.
The Police Department's Strategic Plan Goal One is to provide additional
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March 25, 1999
Page 201
resources for detection and enforcement of speed violators, this can be
accomplished by increasing the number of Doppler traffic radar units.
The Police Department's Strategic Plan Goal Three is to provide a safer
driving environment on the streets of Lubbock.
The Patrol Equipment Capital Outlay - Other Equipment budget amount
is $84,000. The low bid is $67,032 from Kustom Signal, Inc. of
Lenexa, Kansas.
(25.) Bid #99037--Lubbock Power & Light Brandon Station LM 2500
Power Turbine Overhaul (Electric Production)
This bid is for the rotable replacement and repair of the existing LM
2500 power turbine at Lubbock Power & Light Brandon Station. The
power turbine has reached the manufacturer's recommended operating
hours and should be replaced. Repair costs are based on the expected
parts to be used on a normal repair from the original equipment
manufacturer.
Bids were received on parts from two vendors and repairs using those
parts. Bids were also requested for exchange of the power turbine.
General Electric Packaged Power, Inc. was the only vendor with the
ability to supply an exchange power turbine at this time. Due to the
repair time quoted of 64 and 94 days, plus removal, shipping and
reinstallation, staff recommended purchase of the rotable unit from
General Electric Packaged Power, Inc.
The low bid is $475,000 from General Electric Packaged Power, Inc.
from Houston, Texas.
This project was originally planned for submittal during revised budget,
however, due to the immediate need to get this repair underway prior to
LP&L heavy load requirements, the project is being undertaken now.
The Brandon Station Turbine overhaul capital project will be funded
from unallocated bond proceeds issued for major system maintenance
and upgrade. There are adequate funds to cover this expenditure. This
capital project will be brought back to Council at revised budget for
formal approval.
(26.) Resolution No. 6238/Bid #99043--City of Lubbock Water Utilities
Office/Shop Addition (Facilities Management)
RESOLUTION NO. 6238
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 the City of
Lubbock Water Utilities Office/Shop Addition, by and between the City of Lubbock
and Lubbock Building Services of Lubbock, Texas and related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
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Page 202
Passed by City Council this 25th day of March, 1999.
/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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 25th day of March, 1999, 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 Lubbock Building Services, Inc., of the City of Lubbock, County of —
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #99043 - CITY OF LUBBOCK WATER UTILITIES OFFICE/SHOP ADDITION - $292,800.00
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.
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Page 203
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/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ James Gaines
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Lubbock Building Services, Inc.
By: /s/ Jerry Smith
PRINTED NAME: Jerry Smith
TITLE: President
COMPLETE ADDRESS:
Lubbock Building Services, Inc.
P. O. Box 65600-194
Lubbock, Texas 79464-5600
This bid is for the construction of a new office facility and shop for the
Water Utilities Department located at the Municipal Hill Complex. The
new building will connect to the existing shop.
The Municipal Hill Office/Garage Construction -Buildings Municipal
budget amount is $355,000. The low bid is $292,800 from Lubbock
Building Services of Lubbock, Texas.
(27.) Bid #99050--Portable Emergency Generators (Fleet Services)
This bid is for the purchase of 11 portable electrical generators to
provide electrical power for fire stations during periods of power outage.
In order to provide necessary fire protection, stations must be able to
communicate with dispatch. During power outages, these capabilities by
phone, radio, or paging circuit are interrupted, preventing performance
of critical job functions.
The Emergency Generator and Lighting budget amount is $83,000. The
low bid is $33,068.09 from Grainger of Lubbock, Texas.
(28.) Bid #99058--Emergency Repair and Re -assembly of Holly 1 Steam
Turbine (Electric Production)
This bid is an emergency procurement for the repair and re -assembly of
Lubbock Power & Light Holly 1 Steam Turbine. Holly 1 steam turbine
is urgently needed to meet current load demands. The City's insurance
carrier, Hartford Steam Boiler Insurance Company, has requested that all
repairs be provided by the original equipment manufacturer. Argo
Turboserve is the original equipment manufacturer's authorized repair
facility. The City's deductible is $75,000 and the insurance company
will pay for the remaining balance of $456,421.95.
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Page 204
The original equipment manufacturer repair facility bid amount is
$531,421.95 from Argo Turboserve of Houston, Texas. Since this is an
emergency repair, the City's deductible of $75,000 was not originally
budgeted. The Holly 1 steam turbine repair capital project will be
funded from the capital project reserve designated for system
maintenance. There are adequate funds to cover this expenditure. This
capital project will be brought back to Council at revised budget for
formal approval.
(29.) Bid #99066--Emergency Repairs to Lubbock Power & Light 230 kV
Autotransformer (Electric Distribution)
This bid is for emergency repairs to LP&L's 230kV autotransformer at
the Holly Avenue Power Plant. On February 28, 1999, LP&L
experienced a failure of an oil filled porcelain bushing on the main
LP&L/SPS interconnect transformer. The resulting explosion and fire
damaged other bushings, lightning arresters and discharged a significant
amount of carbon, porcelain and insulating paper into the main oil tank
of the transformer. This interconnect transformer is a critical source of
power for LP&L and its loss presented a real threat to the security and
reliability of the LP&L system as well as an economic threat due to the
loss of cheaper wholesale power. Therefore, immediate emergency
repair of this transformer was necessitated. Fortunately, there is a local
transformer repair company with the class of equipment and the trained
personnel necessary to work on a large transformer of this type. Due to
the unknown extent of damage to the transformer, it was necessary to
proceed in a phased repair approach with the results of one step
determining the procedures in the next step.
The estimated cost of repair was $120,000. The low bid is $111,793.25
from Nix Electric Company of Lubbock, Texas. Since this is an
emergency repair and was not originally budgeted, the Systems
Maintenance capital project will be supplemented by $111,800 from the
capital project reserve designated for Systems Maintenance. There are
adequate funds in the reserve designated for systems maintenance to
cover this expenditure. This capital project will be brought back to
Council at revised budget for formal approval.
Staff recommended award of each bid to the bidder as indicated on the
tabsheets and award of each contract as shown on the resolutions.
REGULAR AGENDA
PUBLIC HEARINGS
(30.) Ordinance No. 10146/Zone Case No. 2774-A (1018 Slide Road):
Request of Tony Barnett (for U Haul) to amend the current zoning to
allow "trailer and truck rental utility" as a permitted use on Lot
512, Alford Terrace Addition.
This item was considered following Item No. 22.
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Page 205
ORDINANCE NO. 10146
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2774-A; A ZONING CHANGE FROM C-4 TO C-4
ZONING ALLOWING TRAILER AND TRUCK RENTAL UTILITY ON LOT 512,
ALFORD TERRACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:40 a. in. No one appeared
to present the zone change. No one appeared in opposition. Mayor
Sitton closed the hearing at 11:41 a. in.
In 1996 this parcel was rezoned from R-1 Specific Use (part of the
original Redbud Center zone case) to C-4 limited to a public repair
garage and all permitted C-3 uses. The C-4 proposal for a garage has
not been used to date, and the detail shop that exists in the building
currently is a permitted C-3 use. Several months ago, Mr. Barnett
signed an agreement with U-Haul to handle trailer rentals, not knowing
that the activity is not permitted on the parcel. Adjacent land uses:
North - commercial
South - commercial
East - church and residential across Slide
West - commercial
The Comprehensive Land Use Plan recommended that C-4, as heavy
commercial, be limited to state or regional highways. Slide Road has
farm/market designation in some locations but is not fully a state or
regional thoroughfare. By limiting the uses to only one or several from
the full C-4 permitted use list, the impact on adjacent areas should not be
the same as open C-4. The property was operated for years as a full
service gas station. When that style of enterprise fell from favor, the
first C-4 limited zone case was filed to continue using the building for
automotive related uses.
No comments were made by adjacent property owners at the meeting.
The proposal should have little or no effect for traffic in the area. The
case is filed to add one C-4 use to the existing single permitted use.
The Planning and Zoning Commission recommended approval of the
request with the following conditions:
1. Limited to "public repair garage and truck rental utility," and all
permitted C-3 uses.
2. A maximum of two rental units may be displayed between the
front line of the building and the Slide Road right-of-way line.
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 10146
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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Page 206
(31.) Ordinance No. 10147/Zone Case No. 2191-C (south of llth Place and
east of Milwaukee): Request of Betenbough Quality Homes for
zoning change from R-1 and R-2 to A-2 on a tract of land (at llth
Place and Milwaukee Avenue), R-1 to C-3 on a tract of land (at 19th
Street and Milwaukee Avenue), R-2 to R-1 Specific Use (with
reduced front setback of 20 feet) on Lots 663-665 and 672-674,
Revier Farms Addition and R-1 Specific Use (for garden homes) on
Lots 675-692, all within a portion of land out of Section 9, Block JS.
ORDINANCE NO. 10147
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2191-C; A ZONING CHANGE FROM R-1 and R-2
TO A-2 ON A TRACT OF LAND (AT 11TH PLACE AND MILWAUKEE
AVENUE), R-1 TO C-3 ON A TRACT OF LAND (AT 19TH STREET AND
MILWAUKEE AVENUE), R-2 TO R-1 SPECIFIC USE (WITH REDUCED FRONT
SETBACK) ON LOTS 663-665 AND 672-674, REVIER FARMS ADDITION AND
R-2 TO R-1 SPECIFIC USE (FOR GARDEN HOMES) ON LOTS 675-692, REVIER
FARMS ADDITION, ALL WITHIN A PORTION OF LAND OUT OF SECTION 9,
BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:43 a. m. No one appeared
to present the zone change. No one appeared in opposition. Mayor
Sitton closed the hearing at 11:44 a. in.
This request is characterized as essentially a "clean up" request for three
of the areas and a proposal for an area at llth Place and Milwaukee to
be developed as multi -family, church, day care, or private recreation
center.
Adjacent land uses: residential in all directions except for the parcel at
19th and Milwaukee, which has commercial to the south and east. The
requests are consistent with the Comprehensive Land Use Plan and
zoning policies. The four are:
1. Lots 675-692, currently zoned R-2 and R-1 Specific Use with a
20 foot setback. The replacement Specific Use Permit would
allow garden homes with a 15 foot front setback.
2. The lots on 1lth Place east of the garden homes are R-2. The
proposal is to make them zoned the same as the rest of the
subdivision - Specific Use with a 20-foot front setback. The
application noted "garden homes" and is not accurate.
3. The parcel at 1lth Place and Milwaukee is an awkward parcel
adjacent to areas developed as residential and the school, and will
be best developed as a single lot. The owner is requesting A-2 to
accommodate day care, nursing home, church, uses permitted in
A-1 (i.e.: duplex, triplex or quadraplex units), or private
community center.
4. The parcel at 19th and Milwaukee is adjacent to an area zoned
C-3. The request was filed as C-4 thinking it would be consistent
with an area to the east. Research indicates that the narrow strip
along 19th adjacent to this parcel is zoned C-3, and the proponent
requested that this parcel be recommended to Council as C-3.
Regular City Council Meeting
March 25, 1999
Page 207
This proposal should have little or no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of the
request subject to the following conditions:
1. Lots 675-692 - R-1 Specific Use for Garden Homes
2. Portions of Lots 663-674 - R-1 Specific Use with a 20 foot front
setback
3. Tract at 11th Place and Milwaukee - A-2 limited to:
■ Permitted A-1 uses
■ Churches and church related
■ Convalescent/personal care
■ Day Nurseries
■ Private Community Center
4. Parcel at 19th and Milwaukee - C-3
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10147
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(32.) Ordinance No. 10148/Zone Case No. 2838 (606 36th Street): Request
of Lina Reyes -Trevino (for Salvador Revilla) for zoning change from
R-2 to IHI for a cabinet or carpentry shop and all unconditionally
permitted IHC uses on Tract A, Block 2, Harwell Heights Addition.
ORDINANCE NO. 10148
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2838; A ZONING CHANGE FROM R-2 TO IHI
ZONING ON TRACT A, BLOCK 2, HARWELL HEIGHTS ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:48 a. in. Lina Reyes -
Trevino appeared on behalf of Salvador Revilla. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:50 a. in.
This parcel is located just east of I-27 and south of 34th Street. The
current owner has owned the property for approximately ten years. The
proposal would permit a cabinet shop. Adjacent land uses:
North
- LISD food preparation facility
South
- residential
East -
residential
West -
residential
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Page 208
The proposal is within an area designated as "policy" for Interstate
Commercial on the Comprehensive Land Use Plan. The proposal for
Interstate Industrial is not completely consistent, although Mr. Revilla
seems to have the support of adjacent owners.
Areas such as these adjacent to the Interstate are in an awkward position.
While they are in policy Interstate districts within the Comprehensive
Land Use Plan, existing residential zoning and uses may continue for a
number of years. As these areas are in transition, the conversion from
residential to commercial will be difficult. The proposal should not
affect traffic in the area in a negative manner.
The Planning and Zoning Commission recommended approval of the
request.
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10148
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(33.) Ordinance No. 10149/Zone Case No. 1917-C (north of 4th Street and
east of Frankford Avenue): Request of Hugo Reed and Associates
(for Omni America Development Corporation) for zoning change
from C-3 to C-3 Specific Use for a 160-foot communications tower on
a portion of land out of Section 1, Block J-S.
ORDINANCE NO. 10149
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1917-C; A ZONING CHANGE FROM C-3 TO C-3
SPECIFIC USE ZONING (FOR A 160-FT. COMMUNICATIONS TOWER) ON
SECTION 1, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:53 a. in. Bernie Gradel of
Hugo Reed and Associates appeared on behalf of Omni American
Development Corporation. No one appeared in opposition. Mayor
Sitton closed the hearing at 12:03 p. in.
The proposed use is a 160-foot monopole cellular/PCS Tower. The
adjacent land use or zoning is commercial. The property is already
commercial, so the request conforms in that aspect to the Comprehensive
Land Use Plan.
The Telecommunications Act of 1996 allows zoning jurisdiction over cell
towers, but Federal Law prohibits discriminatory zoning requirements
(which would favor other providers), it prohibits requirements that
prohibit service (exclusion of towers altogether), and the Act prohibits
denial of a request based on health effects of radio frequency emissions
(based on evidence to Congress that such health effects do not occur).
The statements by staff must be submitted to the Planning Commission
and City Council in writing, and the response to the proponent must be
in writing if the request is denied. The reasons for denial must be based
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Regular City Council Meeting
March 25, 1999
Page 209
on written evidence presented before the City Council. No public
comments were made during the Planning and Zoning Commission
hearing.
The primary discussion for this request should be based on compatibility
with adjacent uses. The most credible comments are related to property
values, appropriateness of the land use and aesthetics. Any health
related concerns for radio emissions are not legal to consider because of
the Telecommunications Act.
The staff perspective on these towers in previous cases has been that, as
we depend more on wireless, the towers are the cost of doing business.
The proponent is proposing a monopole construction. The request meets
the basic guidelines of the Zoning Code.
The Planning and Zoning Commission recommended approval of the
request.
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10149 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(34.) Ordinance No. 10150/Zone Case No. 2839 (southwest corner of
Parkway Drive and Idalou Highway): Request of Hugo Reed and
Associates (for Omni America Development Corporation) for zoning
change from C-4 to C-4 Specific Use for a 180-foot communications
tower on a portion of land out of Section 3, Block A.
ORDINANCE NO. 10150
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2839; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE ZONING FOR A 180-FT. COMMUNICATIONS TOWER ON A
PORTION OF LAND OUT OF SECTION 3, BLOCK A, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Sitton opened the public hearing at 12:12 p. in. Bernie Gradel of
Hugo Reed and Associates appeared on behalf of Omni America
Development Corporation. No one appeared in opposition. Mayor
Sitton closed the hearing at 12:12 p. in.
The proposed use is a 180-foot monopole cellular/PCS Tower. The
adjacent land use or zoning is commercial. The property is already
commercial, so the request conforms in that aspect to the Comprehensive
Land Use Plan.
Adjacent land uses:
North - residential
South - residential
East - residential
West - residential
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Regular City Council Meeting
March 25, 1999
Page 210
The Telecommunications Act of 1996 allows zoning jurisdiction over cell
towers, but Federal Law prohibits discriminatory zoning requirements
(which would favor other providers), it prohibits requirements that
prohibit service (exclusion of towers altogether), and the Act prohibits
denial of a request based on health effects of radio frequency emission
(based on evidence to Congress that such health effects do not occur).
The statements by staff must be submitted to the Planning Commission in
writing, and the response to the proponent must be in writing if the
request is denied. No public comments were made during the Planning
and Zoning Commission hearing.
The primary discussion for this request should be based on compatibility
with adjacent uses. The most credible comments are related to property
values, appropriateness of the land use and aesthetics. Any health
related concerns for radio emissions are not legal to consider because of
the Telecommunications Act.
The staff perspective on these towers in previous cases has been that, as
we depend more on wireless, the towers are the cost of doing business.
The proponent is proposing a monopole construction. The request meets
the basic guidelines of the Zoning Code.
The Planning and Zoning Commission recommended approval of the
request.
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10150 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item No. 37.
(35.) Zone Case No. 2840 (north of 105th Street and west of Indiana
Avenue): Hold a public hearing to consider request of Hugo Reed
and Associates (for Omni America Development Corporation) for
zoning change from R-1 to R-1 Specific Use for a 180-foot
communications tower on Section 18, Block E-2, and to consider
ordinance.
This item was deleted.
TRANSPORTATION SERVICES
(36.) Ordinance No. 10151 amending Chapter 21 and Chapter 25 of the
Code of Ordinances reflecting the development and/or acceptance of
playa lake areas within the City of Lubbock as stormwater detention
basins or parks (first reading).
This item was considered following Item No. 37.
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March 25, 1999
Page 211
ORDINANCE NO. 10151
AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 25 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD
TO DEVELOPMENT AND/OR ACCEPTANCE OF PLAYA LAKE AREAS
WITHIN THE CITY OF LUBBOCK AS STORMWATER DETENTION BASINS OR
PARKS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance amends Chapters 21 and 25 to reflect those changes
necessary to implement the Policy for Playa Lake Development. The
ordinance establishes three options for the developers including:
a. The lake area may be dedicated as a storm water drainage and
impoundment easement, subject to approval by the Planning and
Zoning Commission, and shall meet the requirements set forth by
the Drainage Criteria Manual and the Policy for Playa Lake
Development.
b. The lake area may be dedicated as public property for a storm
water detention basin, subject to approval by the Lubbock City
Council, after review and recommendation by the Planning and
Zoning Commission and the City Engineer, and shall meet the
requirements set forth by the Drainage Criteria Manual and the
Policy for Playa Lake Development.
C. The lake area and additional adjacent property may be dedicated
as a city park, subject to approval by the Lubbock City Council,
after review and recommendation by the Planning and Zoning
Commission, Parks and Recreation Board, and the Civic Services
Division in cooperation with the City Engineer. The lake area
shall meet the requirements set forth by the Drainage Criteria
Manual, the Policy for Playa Lake Development.
The ordinance further defines some of the terms used in the Policy for
Playa Lake Development and the procedures that must be followed and
met for the development and/or acceptance of playa lakes within the City
of Lubbock.
The staff recommended the first reading of this ordinance.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10151
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item No. 38.
(37.) Resolution No. 6241 to adopt the Policy for Playa Lake Development.
This item was considered following Item No. 34.
RESOLUTION NO. 6241
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interests of the health and safety of the citizens of Lubbock to establish a Policy for
Playa Lake Development, including criteria for the development and/or acceptance of
playa lake areas situated within the City of Lubbock as stormwater detention basins or
parks; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Page 212
THAT the City Council of the City of Lubbock hereby approves and adopts the
attached City of Lubbock Policy for Playa Lake Development, which Policy 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 full copied herein in detail.
Passed by City Council this 25th day of March, 1999.
/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/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Playa Lake Policy is filed with Resolution No. 6241.
Following Council work sessions in September 1997 by Gary Rothwell,
Chairman of the Drainage Criteria Advisory Committee, and in October
1997 by Bernie Gradel, President of the Developer's Council of the West
Texas Homebuilders Association, the Council requested that the
Drainage Criteria Advisory Committee be reconvened to develop a
policy for the development and possible acceptance of playa lakes as
public property.
This came after recommendations made by the Playa Lakes/Drainage
Study Committee in 1991 and by the Drainage Criteria Advisory
Committee in 1997 that the City should, as a standard, accept ownership
of the playa lakes.
Since this time the Drainage Criteria Advisory Committee met several
times to develop the Policy for Playa Lake Development. The new
policy would govern the development of all playa lakes and includes
three options that would be made available to the developers. They are:
1. The City would assume ownership of a playa lake area as a public
park if the conditions of the policy are met.
2. The City will accept ownership as a stormwater detention basin if
the conditions of the policy are met.
3. The developer would retain the lake for private use.
The policy would govern all lakes being developed as far as requiring
minimum development standards and some additional requirements if the
property is to be public property, especially for parks. A copy of the
policy was included in Council backup.
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Regular City Council Meeting
March 25, 1999
Page 213
Mr. Rothwell presented the new Policy for Playa Lake Development to
the Council in August 1998. At that time the Council instructed the staff
to bring back a formal resolution to adopt the policy.
Larry Hertel, City Engineer, presented staff comments.
Staff recommended approval of this resolution.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass Resolution No. 6241 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item No. 36.
HEALTH AND COMMUNITY SERVICES
(38.) Resolution No. 6242 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 Finance Corporation from the
HOME Cash Match funds received by the Community Development
Department.
RESOLUTION NO. 6242
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, attached herewith, between the City of Lubbock and
the Lubbock Housing Finance Corporation from the HOME Cash Match funds, and any
associated 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
Council.
Passed by City Council this 25th day of March, 1999.
/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 Funding Agreement is filed with Resolution No. 6242.
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Page 214
Grantee: Lubbock Housing Finance Corporation
Program: Homebuyer assistance
Funding Source: Cash match for the HOME program
Use of Funds: Lubbock Housing Finance Corporation will use the funds
for down payment and closing cost assistance and/or the reduction of the
first mortgage bond loan amount for the purchase of a home. This will
be done in conjunction with a Single Family Bond program the
Corporation is administering. The program will assist approximately 25
families.
Amount: $50,000
Match: 25 %
Return of Investment: Grantee will pay back 25 % of the grant amount in
accordance with City policy.
Terms: March 25, 1999 through March 24, 2001
Community Development recommended the approval of this resolution
authorizing the Mayor to execute this contract. Each year HUD requires
the City to provide match for the use of HOME funds. With approval of
the contract the agreement will allow the City to build HOME match
funds that can be used and stored for the future.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to pass Resolution No. 6242 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Patterson
recused himself.
PUBLIC SAFETY
(39.) Resolution No. 6243 authorizing the Mayor to execute the necessary
documents and application to the Texas Department of Health for
the purchase of Automated External Defibrillators for the Lubbock
Fire Department.
RESOLUTION NO. 6243
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an application to the
Texas Department of Health for the purchase of fourteen automated external
defibrillators to be used by the City of Lubbock Fire Department and all related
documents. Said Application is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
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Regular City Council Meeting
March 25, 1999
Page 215
Passed by City Council this 25th day of March, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Application is filed with Resolution No. 6243.
The Lubbock Fire Department desires to submit a Matching Grant
Application to the Local Projects and Grant Program, Bureau of
Emergency Management, Texas Department of Health. The purpose is
to seek funding in the amount of $42,000 to assist in the procurement of
14 Automated External Defibrillators (AED's). The City of Lubbock
shall, upon City Council approval, match the remaining portion
($42,000) for a grand total of $84,000 made accessible for purchasing.
With appropriate AED training, it is the intention of the department to
spur all available efforts at curtailing fire fighter fatalities resulting from
Cardiac Arrest. Identified in a 1998 study prepared for the US Fire
Administration and FEMA, this health risk has been assessed to be the
primary determinant (38 %) of all on duty fire fighter deaths.
A second issue will be to improve the medical capability of the Fire
Department to better assist victims that may be encountered prior to the
arrival of EMS.
Fire Chief Steve Hailey presented staff comments
Staff recommended approval of this resolution.
Councilmember McDougal: I just have one comment to make sure I'm
clear, and I'm glad you mentioned what the reasons were behind
purchasing these. But it is not the intent of the Fire Department taking
the place of EMS, is that not correct?
Chief Hailey: No, sir, it has never been, and in my mind never will be.
Councilmember McDougal: Okay.
Councilmember Ince: I'd like to make a comment along those lines. Of
course the County, through University Medical Center, runs the EMS,
and I would imagine at an operating deficit. I, too, was concerned that,
on the second item, that in the future there may be a move to take over
the EMS duties. It has come to my attention that, in many, many cities
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Regular City Council Meeting
March 25, 1999
Page 216
across this state and other states, that the city and the fire department do
run EMS services. I'm very sensitive to duplication of services and want
to go on record to say to that I will be very disappointed if I see that
heading in that direction in the future. So I would like to go on record
with Councilman McDougal that I was concerned about this, I will be
supporting this on your assurances that, in your opinion, it's not headed
in that direction.
Chief Hailey: I understand your concern and would assure you, again,
that it has never been and, in my mind, will not be our intent to try to
take over EMS. I do not want that operation.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to pass Resolution No. 6243 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
FINANCIAL SERVICES
(40.) Ordinance No. 10152 authorizing the issuance of $6,100,000 Tax and
Sewer System Surplus Revenue Certificates of Obligation, Series
1999, and authorizing approval of all necessary documents related to
issuance (first reading).
ORDINANCE NO. 10152
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, TAX AND SEWER SYSTEM SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1999"; SPECIFYING THE TERMS
AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT
OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD
VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A
LIEN ON AND PLEDGE OF THE NET REVENUES FROM THE OPERATION OF
THE CITY' S SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT
AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND
DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A
PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND
DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND
PROVIDING AN EFFECTIVE DATE.
On January 14, 1999, City Council approved Resolution No. 6152
authorizing the Mayor to execute a land purchase agreement with
Lubbock Christian University/Lubbock Christian College Investment
Corporation for the Wilson Project/Hancock Land Application Site
Property.
An amount of $6,100,000 in certificates of obligation needs to be issued
to finance the purchase of the property and pay related issuance costs.
On February 11, 1999, City Council approved Resolution No. 6193
approving and authorizing the publication of the Notice of Intent to issue
certificates of obligation and Notice of Sale with respect to these
certificates of obligation.
This ordinance is the first reading of the bond ordinance to authorize the
issuance of the certificates. The second reading is scheduled for April 8,
1999. Subject to approval of this first reading of the bond ordinance,
just prior to the second reading, the bonds will be sold competitively.
Betsy Bucy, Director of Finance, presented staff comments.
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Page 217
As this action is necessary to proceed with the bond issuance, staff
recommended passage of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 10152
as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Councilmember Ince had stepped away from the dais.
(41.) Ordinance No. 10153 authorizing the issuance of $12,300,000 Tax
and Waterworks System Surplus Revenue Refunding Bonds, Series
1999, and authorizing approval of all necessary documents related to
issuance (first reading).
ORDINANCE NO. 10153
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS REVENUE
REFUNDING BONDS, SERIES 1999"; SPECIFYING THE TERMS AND
FEATURES OF SAID BONDS; PROVIDING FOR THE PAYMENT OF SAID
BONDS BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE
PROPERTY WITHIN THE CITY AND A PLEDGE OF THE NET REVENUES
DERIVED FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM;
AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE
ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID BONDS,
INCLUDING THE APPROVAL AND EXECUTION OF A PAYING
AGENT/REGISTRAR AGREEMENT AND A ESCROW AGREEMENT AND THE
APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT
PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE.
On January 28, 1999, City Council approved Resolution No. 6174
authorizing the Mayor to execute an agreement between the Canadian
River Municipal Water Authority (CRMWA) and City of Lubbock for
the prepayment of obligations incurred in connection with construction of
the Canadian River Project. The prepayment of the outstanding debt will
yield savings that are projected to be approximately $360,000 per year.
Over the life of the obligation these savings are projected to total over
$7,000,000. In order to participate in this agreement, refunding bonds
need to be issued in the amount of $12,300,000.
On February 11, 1999, City Council approved Resolution No. 6194
approving and authorizing the publication of the Notice of Sale with
respect to these refunding bonds.
This ordinance is the first reading of the bond ordinance to authorize the
issuance of these refunding bonds. The second reading is scheduled for
April 8, 1999. Subject to approval of this first reading of the bored
ordinance, just prior to the second reading, the bonds will be sold
competitively.
Betsy Bucy, Director of Finance, presented staff comments.
As this action is necessary to proceed with the prepayment and achieve
the refinancing savings, staff recommended passage of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 10153
as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Councilmember Ince had stepped away from the dais.
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Page 218
BOARD APPOINTMENTS
(42.) Consider one appointment to the Lubbock Emergency
Communication District Board of Managers.
Robert Massengale's term expired January 1999. He has served one
term and is eligible for reappointment.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to appoint Robert Massengale to the Lubbock
Emergency Communication District Board of Managers. Motion
carried: 6 Yeas, 0 Nays. Councilmember Ince had stepped away from
the dais.
(43.) Consider two appointments to the Keep Lubbock Beautiful Advisory
Committee.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to appoint Alicia Knight and Sally Fischer to the
Keep Lubbock Advisory Committee. Motion carried: 6 Yeas, 0 Nays.
Councilmember Ince had stepped away from the dais.
12:30 P. M. COUNCIL RECESSED
1:40 P. M. COUNCIL RECONVENED
1:40 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
McDougal made a motion to adjourn; Councilmember Nelson seconded
the motion. Motion carried: 4 Yeas, 0 Nays. Motion carried with the
majority of remaining Council present at adjournment (Mayor Sitton,
Councilmember Cooke, Councilmember McDougal, and Councilmember
Nelson). 11
WINDY SIT4TON, `MAYOR
ATT ST:
Kayt ie arnel?, City Secretary
Read and approved this /-kday of , 1999.
DY SITT N. M R
A
Darnell, City Secretary