HomeMy WebLinkAboutMinutes - City Council - Regular - 6/25/1998CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 25, 1998
8:00 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 25th
day of June, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 8:00 A. M.
8:02 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Victor Hernandez, Councilmember Marc McDougal, and
Councilmember David Nelson
CITIZEN COMMENTS
Six citizens expressed comments to the Council. They were:
Cecil Puryear
Loran Partigianom
Sean Schubert
Mikel Ward
Rev. Dr. N. H. Franklin
Nora Richardson
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
(Transportation).
8:26 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
( 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
Airport Board
Board of Electrical Examiners
Building Board of Appeals
Culture and Arts Commission
Electric Utility Board
Keep Lubbock Beautiful Advisory Committee
Empowerment Zone Steering Committee
Regular City Council Meeting
June 25, 1998
Page 388
( 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 (Transportation).
9:45 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
(5.) Presentation on Market Lubbock, Inc. (MLI) FY 1998-99 Proposed
Budget by Gary Lawrence, Board Chair, and Wayne Boling.
( 6.) Presentation on Marketing, Entertainment, Travel, Tourism, Sports,
Inc. (METTS) FY 1998-99 Proposed Budget by Bob Greenhill, Board
President, and Nancy Gray.
(7.) Presentation on Lubbock Reese Redevelopment Authority (LRRA)
FY 1998-99 Proposed Budget by Delbert McDougal, Vice President.
11:31 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, Bob
Cass, City Manager, Anita Burgess, City Attorney, and Kaythie
Darnell, City Secretary
Absent: Councilmember T. J. Patterson
Mayor Sitton called the meeting to order at 11:31 A. M.
(8.) Reverend David Hartman, Director of Pastoral Care, St. Mary
Hospital, gave the invocation.
(9.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Appointments Advisory Board
Receiving: John McCracken (unable to attend)
Building Board of Appeals
Receiving: Tim Minnix (unable to attend)
Citizens Traffic Commission
Receiving: Daryl J. Collins (unable to attend)
Neighborhood Redevelopment Commission
Receiving: Gary McKay
CITIZEN APPEARANCES
(10.) Presentation by Philip Neeley of Carter Burgess, Inc. for an Award
of Merit from the American Society of Landscape Architects for the
City of Lubbock Comprehensive Park, Recreation and Open Space
Master Plan.
In 1997, the Lubbock Parks, Recreation and Open Space Master Plan
was commissioned with the purpose of providing:
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♦ A visionary plan as a working document to guide the department into
the next century
♦ The current and future needs of the changing population in Lubbock
♦ Ways to meet Texas Parks & Wildlife Grant Guidelines
There were 38 entries in five categories with Lubbock's Master Plan
winning in the planning and analysis category. The award submittals
- were juried by the Arizona chapter of the American Society of
Landscape Architects.
The Master Plan is a result of a collaborative team effort between the
citizens of Lubbock, Carter & Burgess, Inc., National Service Research,
the Task Force Committee, the Parks and Recreation Board, and the City
Parks and Recreation staff.
CONSENT AGENDA (Items No. 11 - 21)
Motion was made by Councilmember McDougal, seconded by
Councilmember Hernandez to approve all items on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(11.) Approval of the minutes of the Regular City Council Meeting of
June 11, 1998.
(12.) Ordinance No. 10076 - Amend Ordinance No. 9971 of the City of
Lubbock with regard to the definition of "telecommunications
service" (second and final reading).
ORDINANCE NO. 10076
AN ORDINANCE AMENDING ORDINANCE NO. 9971 OF THE CITY OF
LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS
FRANCHISING BY PROVIDING AN AMENDED DEFINITION OF
"TELECOMMUNICATIONS SERVICE"; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
(13.) Consider Resolution No. 5938 authorizing the Mayor to execute an
interlocal agreement with the City of Slaton to provide certain
Lubbock Fire Department services to the City of Slaton.
RESOLUTION NO. 5938
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 to provide
specialized emergency service, by and between the City of Lubbock and the City of
Slaton, 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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Passed by City Council this 25th day of June, 1998.
/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, Municipal Contracts
Attorney
A copy of the Agreement is filed with Resolution No. 5938.
In late 1992, the Lubbock Fire Department developed and offered an
interlocal agreement to all incorporated cities within Lubbock County to
provide the services of the Fire Department specialty teams. The
services of the Haz-Mat Team, Dive Team and Heavy Rescue Team
were included in this agreement. At that time, the cities of Abernathy
and Wolfforth were the only two cities that accepted this agreement.
The City of Slaton has recently requested to enter into this agreement,
also.
Terms of this agreement provide for salary reimbursement of the
Lubbock Fire Department personnel who respond, as well as a per
incident fee to help offset training and equipment costs.
Staff recommended approval of this resolution.
(14.) Consider the price and condition of sale of Parcel Number 92600-5-
80 and 90 at 1508 Auburn in the Guadalupe Area.
This is a routine sale of property by the Urban Renewal Agency to Joe
Stettheimer, Inc. for $400. The property is to be redeveloped with a
new 1,049-square-foot, single-family residence valued at $49,950. The
land is properly zoned.
The proposed sale was approved by the Urban Renewal Board of
Commissioners on January 20, 1998. The CD/Housing staff
recommended approval of the sale.
(15.) Consider Resolution No. 5939 amending the annexation policies on
the Comprehensive Land Use Plan for the City of Lubbock.
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RESOLUTION NO. 5939
WHEREAS, the Comprehensive Land Use Plan, originally adopted in 1975 and
revised in 1986, contains annexation policies for the City of Lubbock; and,
WHEREAS, there is a need to amend the policies to specifically address
development in the City of Lubbock's Extraterritorial Jurisdiction, NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT section of the Comprehensive Land Use Plan for the City of Lubbock
adopted by Resolution 2118 entitled "Municipal Annexation Policies" is hereby
amended to read as follows:
1. Any subdivision of land for urban development purposes within
the Lubbock Metropolitan Planning Organization boundary and within
Lubbock's Extraterritorial Jurisdiction as indicated on the City of Lubbock
MPO boundary map dated June, 1998, may be subject to immediate annexation,
subject to the City's ability to provide required municipal services. A copy of
said map shall be placed on file with this Resolution in the office of the City
Secretary.
2. Lubbock shall exercise protective annexation measures to
preclude strips and pockets of urban blight adjacent to the City. Such
annexation will avoid enclosure of unincorporated pockets.
3. Extension of municipal utilities outside the City shall be
prohibited, except in emergencies or when annexation can be completed within
90 days.
4. Developers and/or landowners requesting annexation must bear
the major costs of public service facilities when existing land within the
corporate limits can support anticipated growth for a 10-15 year period.
5. Location and amounts of land to be annexed must provide
maximum efficiencies of municipal services such as police, fire protection,
water, sewer, street maintenance, and solid waste collections. Disproportionate
costs to projected tax revenues shall be discouraged.
6. Prior to Council hearings on annexation, the Planning and Zoning
Commission shall forward a recommendation to the City Council, stating the
impact of the annexation on long range growth patterns and rate of growth.
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Passed by City Council this 25th day of June, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Director of Strategic
Planning
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Municipal Annexation Policies are filed with Resolution No. 5939.
During the City Council work session on June 11, 1998, City staff made
a recommendation to amend the Annexation Policies found in the City of
Lubbock Comprehensive Land Use Plan. The specific reason for the
change was to include a new Item A, which states "any subdivision of
land for urban development purposes within the Lubbock Metropolitan
Organization boundary may be subject to immediate annexation, subject
to the City's ability to provide required municipal services".
The purpose of this change is to put people on notice that if they are
developing within the ETJ, and more specifically, within the MPO
boundaries, they are subject to immediate annexation. It is
recommended that if this is adopted, copies of the resolution and maps be
forwarded to local engineering companies, surveying companies, real
estate companies, abstract companies and surveyors, with requests that
this new policy be made known to anyone subdividing within the ETJ for
the purposes of urban development.
It was the recommendation of City staff that this resolution be approved.
(16.) Resolution No. 5940/RFP #98047 - Employee Assistance Program
(Human Resources)
RESOLUTION NO. 5940
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract and all related
documents by and between the City of Lubbock and Texas Tech University Health
Sciences Center Department of Neuropsychiatry, for the City of Lubbock Employee
Assistance Program (EAP), which 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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Passed by City Council this 25th day of June, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews, Managing Director of
Human Resources
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney Office Practice Section
A copy of the Professional Services Agreement is filed with Resolution No. 5940.
This contract is for an employee assistance program that provides
confidential counseling services to help relieve the burden of the
problems which have a direct impact on work performance, productivity,
and mental health of employees.
A Request for Proposals (RFP) was prepared and distributed to solicit
responses for these services. Three firms submitted proposals to the
City of Lubbock for an employee assistance program. Respondents to
the RFP include:
Texas Tech University
Health Sciences Center Lubbock, Texas
Charter Plains Behavioral Health System Lubbock, Texas
Managed Health Network, Inc. Irving, Texas
A committee of employees reviewed the responses and ranked Managed
Health Network, Inc. and Texas Tech University Health Sciences Center
(TTUHSC) as the top two service providers. After oral presentations by
these two firms, the review committee determined Texas Tech
University Health Sciences Center would best provide the services
outlined in the RFP. The Texas Tech University Department of
Neuropsychiatry was selected based on location, availability, and their
focus on education and prevention.
The annual fee for the services will be $35,805 for the first year,
$36,623 for the second year, and $37,442 for the third year. This cost
includes eight sessions per incident per employee annually. At no
additional cost, TTUHSC will provide educational materials, educational
seminars and work group intervention.
(17.) Resolution No. 5941/RFP #98066 — A/E Services — City of Lubbock
Municipal Square Building Master Plan and Renovation (Facilities
Management)
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RESOLUTION NO. 5941
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 with Parkhill
Smith & Cooper of Lubbock, Texas, for A/E Services - City of Lubbock Municipal
Square Building Master Plan and Renovation, 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 Council.
Passed by City Council this 25th day of June, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Municipal Contracts
Attorney
A copy of the Contract is filed with Resolution No. 5941.
This contract for architectural services will provide a master plan for
phased renovation of the Municipal Square Building, an as -built set of
plans, and architectural plans and specifications for Phase I. It is
anticipated that the project will be completed in three phases ending
sometime in 2001. The total construction cost is expected to be
approximately $2,500,000. The total Phase I budget amount is
$1,061,905 and will be funded through General Facilities and System
Improvements.
Five Architectural firms submitted proposals to the City of Lubbock for
Architectural and/Engineering services for the Municipal Square
Building Master Plan and Renovation. The firms submitting proposals
include:
Adling Associates Architects of Lubbock, Texas
BGR Architects of Lubbock, Texas
Compliance Services Group of Lubbock, Texas
Green Harvey Architects of Lubbock, Texas
Parkhill, Smith & Cooper Inc. of Lubbock, Texas
A committee of five individuals was selected to review and rate the
proposals submitted by the firms listed above.
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Although all of the firms have considerable experience in a variety of
architectural and engineering projects, due to the specific aspects of this
project the clear leader in the group was Parkhill, Smith & Cooper.
Negotiations between Parkhill, Smith & Cooper (PSC) and the Facilities
Management Department produced a fee proposal separated by tasks due
to the complexity of the project A/E requirements. PSC will provide the
following services for the associated fees:
Survey and Produce Record Drawings
(As-Builts) in CADD format: $16,390
Research and Produce a Master Plan for the entire facility: 19,953
Plans and Specifications for Phase I of construction: 79,768
Based on the criteria used by the review committee and the subsequent
scores for each firm, the committee recommended that Parkhill, Smith &
Cooper be engaged to perform the architectural engineering services
required for the Municipal Square Building Master Plan and Renovation.
(18.) Bid #98113 - 69 KV Voltage Transformers (Electric Distribution)
This bid is for the purchase of eighteen 69 KV voltage transformers
needed to replace obsolete units at various LP&L substations. These
special transformers are used in relaying and metering systems on LP&L
69 KV transmission systems. Replacement of existing units is necessary
to maintain the transmission system reliability and security.
The System Capital Outlay -Substation Relay Upgrade budget amount is
$60,000.
The low bid is $44,010 from Haefely Trench of Scarborough, Ontario
Canada.
(19.) Resolution No. 5942/Bid #98117 - Lubbock Municipal Auditorium
Sound System (Civic Center)
RESOLUTION NO. 5942
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 with Tarpley
Music Company, Inc, of Amarillo, Texas to install and furnish all materials and
services for the Lubbock Municipal Auditorium Sound System. 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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Passed by City Council this 25th day of June, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Municipal Contracts
Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 25th day of June, 1998, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as —
OWNER, and Tarpley Music Company, Inc., of the City of Amarillo, County of
Randall, 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 #98117 - Lubbock Municipal Auditorium Sound System - $128,431.87
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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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/ John James
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ John Tarpley
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Tarpley Music Company, Inc.
By: /s/ David Tarpley
PRINTED NAME: David Tarpley
TITLE: Vice President
COMPLETE ADDRESS:
Tarpley Music Company, Inc.
2420 Commerce
Amarillo, TX 79109
This project will provide the Municipal Auditorium with a complete
sound system and back stage paging system. Enhancements will be
made to the delayed sound in the Municipal Auditorium house and
balcony area.
The System Capital Outlay -Auditorium Sound System budget amount is
$160,000.
The low bid is $128,431.87 from Tarpley Music Company, Inc. of
Lubbock, Texas.
(20.) Bid #98118 — Pesticides (Environmental Inspection Services)
This bid is for the purchase of pesticides used to control adult
mosquitoes and their larvae in the City and the Lubbock County.
The Vector Control -Pesticide Supply budget amount is $47,792.
The low bidders are as follows:
B & G Chemicals and Equipment
Company of Dallas, Texas $28,809.00
Van Waters & Rogers of Houston, Texas 11,955.50
(21.) Resolution No. 5943/Bid #98121 — Cattle Grazing Rights, Summer
and Winter Grazing (Land Application Site)
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RESOLUTION NO. 5943
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 with Franklin
Cattle Company of House, New Mexico, for Cattle Grazing Rights - Summer and
Winter Grazing, 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 Council.
Passed by City Council this 25th day of June, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Municipal Contracts
Attorney
A copy of the Contract is filed with Resolution No. 5943.
Cattle grazing is one of the major revenue generators at the Land
Application Site. This contract is for seasonal grazing of approximately
1,200 cattle at the Land Application Site. The term of the contract is for
three years beginning July 1, 1998.
On June 8, 1998, cattle grazing rights were auctioned at the Land
Application Site. The highest bid was $15.00 per head per month
($648,000 total contract amount) from Mr. Glen Franklin with Franklin
Cattle Company of House, New Mexico.
Staff recommended award of each of the bids to the bidder as indicated
on the tabsheets and award of each contract as shown on the resolutions.
REGULAR AGENDA
PUBLIC HEARINGS
(22.) Ordinance No. 10077 - Zone Case No. 2383-A (between North Loop
289 and Erskine and west of Quaker): Request of MSKTD and
Associates (for Mark Turner) for zoning change from A-1, C-2, R-1
and R-2 to AM, AM Specific Use and C-2A on a portion of land out
of Section 22, Block A.
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ORDINANCE NO. 10077
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2383-A; A ZONING CHANGE FROM A-1, C-2, R-1
AND R-2 TO AM, AM SPECIFIC USE ZONING AND C-2A ON A PORTION OF
LAND OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:42 a.m. Bernie Gradel of
Hugo Reed & Associates appeared on behalf of MSKTD and Associates
to present the zone change. No one appeared in opposition. Mayor
Sitton closed the hearing at 11:44 a.m.
The proposal is to accommodate a medical complex with an outpatient
surgicenter and offices along with the potential for a motel and restaurant
adjacent to the Loop. The initial filing for C-4 was the result of a mis-
communication. The AM District will accomplish all that the proponent
requests with one exception, a restaurant pad along Loop 289. Adjacent
land uses:
North - across Erskine, duplex
South - Loop 289
East - Texas Tech University property
West - R-1 and R-2 zoning, vacant
The proposal is reasonably consistent with the Comprehensive Land Use
Plan. The current Plan does not indicate non-residential use as far west
as this proposal would create, but the area is currently zoned A-1 for
apartments which is not illustrated on the Plan. The AM District is a
suitable buffer and will probably have less effect on adjacent property to
the west and a row of duplex homes to the north than apartments. The
motel site is proposed as AM Specific Use, with a site plan review prior
to a construction permit.
At present, Erskine is a two-lane strip paved street. At some point in the
future, pending additional development, the street will be reconstructed
as a thoroughfare. The effect of this request on traffic should be no
more than anticipated.
The Planning and Zoning Commission recommended the request for AM
on proposed Lots 1-5, AM Specific Use on Lot 6 and C-2A on Lot 7
with two conditions:
1. Site plan review prior to a construction permit for the motel site.
2. Single story construction on proposed lots 1-3 along Erskine
Avenue.
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 McDougal to pass on first reading Ordinance No. 10077
as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council -
member Hernandez had stepped away from the dais.
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(23.) Ordinance No. 10078 - Zone Case No. 2818 (north of 4th Street
between Avenue F and I-27): Request of PDG Inc. (for Flying J.
Inc.) for zoning change from R-3 to IHI on a portion of land out of
Section 79, Block A.
ORDINANCE NO. 10078
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2818: A ZONING CHANGE FROM R-3 TO IHI,
ZONING ON A PORTION OF LAND OUT OF SECTION 79, BLOCK A,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:46 a.m. Bernie Gradel of
Hugo Reed & Associates appeared on behalf of PDG, Inc. to present the
zone change. No one appeared in opposition. Mayor Sitton closed the
hearing at 11:47 a.m.
The area where Hub Homes was located prior to I-27 is proposed as a
travel plaza. Adjacent land uses:
North - former public school
South - 4th Street/commercial
East - I-27
West - zoned R-3 and IHC, uses area mixture of commercial and
residential.
The request is consistent with the Comprehensive Land Use Plan. It is
within the commercial policy area for I-27 on the Comprehensive Land
Use Plan. The staff requested the case be filed as IHI limited to a "truck
stop" and all permitted IHC uses. The current zoning Code has not kept
pace with the industry so the "travel plaza" that caters to all motorists
with a wide range of services is not mentioned. The facility will cater to
both car and truck traffic with fuel, convenience store, restaurants,
gameroom area, parking and other travel related services.
With the current I-27 and future cross town freeway, the effect on local
traffic should be very minimal.
The Planning and Zoning Commission recommended approval of the
request as submitted with two conditions:
1. IHI limited to a truck stop and all permitted IHC uses.
2. A solid screening fence shall be constructed on the west property
line from 150 feet north of the 4th Street right of way line to 3rd
Street and 50 feet east on 3rd Street with no curb returns.
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 Nelson to pass on first reading Ordinance No. 10078 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council -
member McDougal recused himself.
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(24.) Ordinance No. 10079 - Zone Case No. 2819 (9713 Memphis): Request
of Frank Best for zoning change from R-1 to R-2 for duplexes on Lot
793, Raintree Addition.
ORDINANCE NO. 10079
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2819: A ZONING CHANGE FROM R-1 TO R-2
ZONING ON LOT 793, RAINTREE ADDITION, LUBBOCK, TEXAS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:52 a.m. Larry Best
appeared on behalf of Frank Best to present the zone change. No one
appeared in opposition. Mayor Sitton closed the hearing at 11:53 a.m.
The proponent owns a lot that has been bypassed by the single family
market because of a tangle of utility guy wires and perhaps because
Memphis is a collector street and carries a lot of traffic to 98th. The
proponent would like to construct a duplex on the property. Adjacent
land uses:
North - single family
South - duplex units across 98th Street
East - single family
West - townhomes, across Memphis
As a form of low density housing, the request for R-2 zoning is not
inconsistent with the Comprehensive Land Use Plan. With an alternate
style of single family (townhomes) to the west and a row of duplex home
south of 98th on Memphis, introduction of a duplex on this corner
should not be out of context with the area. A majority of the decision
should depend on the response of adjacent property owners, several of
who commented to Mr. Best that they would be glad to see the lot
developed. The proponent indicated that his plans are to live in one unit
and for a son to live in the other unit. No neighbors were present to
object. The proposal should not have an effect on traffic in the area.
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 Ince, seconded by Councilmember
McDougal to pass on first reading Ordinance No. 10079 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(25.) Ordinance No. 10080 - Zone Case No. 2820 (1502 Buddy Holly
Avenue): Request of Tom King for zoning change from C-4 to IHC
Specific Use on Lots 16 through 20, Block 182, Original Town
Addition.
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Page 402
ORDINANCE NO. 10080
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2820; A ZONING CHANGE FROM C-4 TO IHC
SPECIFIC USE ZONING ON LOTS 16 THROUGH 20, BLOCK 182, ORIGINAL
TOWN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:55 a.m. Ben Linton
appeared on behalf of Tom King to present the zone change. No one
appeared in opposition. Mayor Sitton closed the hearing at 11:57 a.m.
The property owned by Mr. King is at 15th and Buddy Holly Avenue.
The parcel is about two blocks north of the area zoned several years ago
as Interstate Commercial Specific Use to accommodate the Phase I of the
Depot District. Adjacent land uses are commercial in all directions.
Since this is currently zoned heavy commercial, there is no conflict with
the Comprehensive Land Use Plan. The request is compatible with the
plan.
The so-called "Depot District" zone case accommodated three things:
1. The required separation between bars was eliminated.
2. The parking ratio for bars was made 1/100 versus the normal
1150.
3. Off site parking to meet the required parking spaces is permitted
within 1100 feet of any new business.
As the staff has indicated in several previous cases, the Urban Design
Historic Preservation and an ad -hoc panel have worked the last two years
on four new zoning districts for the downtown area. Those will be
coming forward during the next year. One, which will encompass the
land Mr. King owns and the rest of the Depot District, will address
several of the development issues about which he is concerned, parking
in particular. His need to proceed is simply ahead of consideration and
possible adoption of the proposed Districts by the Council.
The proposal should have no detrimental effect on traffic.
The Planning and Zoning Commission recommended the request with
three conditions within the Specific Use Permit:
1. All permitted IHC uses.
2. No separation between bars is required.
3. A parking ratio for a bar at 1/100 with a provision that required
parking may be within 1100 feet of the parcel.
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning and Zoning
Commission.
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Motion was made by Councilmember Hernandez, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10080 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(26.) Ordinance No. 10081 - Zone Case No. 1227-C (3822 Idalou Road):
Request of Ronald D. Rogers for zoning change from C-4 to C4
Specific Use for mini warehouses on Lots 1-4, Block 1, Gordon
Bozeman Addition.
ORDINANCE NO. 10081
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1227-C; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE ZONING FOR MINI WAREHOUSES ON LOTS 1-4, BLOCK 1,
GORDON BOZEMAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 12:01 p.m. Ronald D. Rogers
appeared to present the zone change. No one appeared in opposition.
Mayor Sitton closed the hearing at 12:03 p.m.
The proponent owns a mini warehouse unit on the lot south of this
location on property zoned M-1. Several years ago Mr. Rogers
processed a C-4 zone change request on this parcel, but it did not include
mini storage units.
North - commercial in all directions
South - commercial in all directions
East - commercial in all directions
West - commercial in all directions
As heavy commercial, the proposal along the Idalou Highway is
consistent with the Comprehensive Land Use Plan.
The single zoning related item discussed by the Planning Commission on
the proposed site plan is the lack of a landscape area. The existing
property has no landscaping and Mr. Rogers has indicated that the
expense of plumbing for watering any added landscape will add to the
cost of the project and may prevent an already marginal cost/benefit
project. The parcel where the mini warehouse unit is proposed is 50 x
140 feet, 5 % of which is 350 square feet.
The requirement of the modest amount of landscape area for this project,
when no other business along the Idalou Highway has any, would not
solve any problems. A consensus of the Commission seemed to be that a
new project using currently vacant property would benefit the
community more than no project. The staff and Commission both feel
that this recommendation in no way indicates the desire for new large
projects to not provide adequate landscape.
The Planning and Zoning Commission recommended approval of the
request subject to the following condition:
The uses outlined in Ordinance #9497 shall continue in
conjunction with the Specific Use Permit.
Randy Henson, Senior Planner, presented staff comments.
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The staff supported the recommendation of the Planning and Zoning
Commission.
Council expressed concern over the landscaping requirements for this
planned zone change. Mr. Henson added an additional condition that
addressed landscaping requirements to the proposed ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 10081
with the following additional condition: "Phase I (noted on the site plan
#1227-C) shall not be required to install any landscape area. Any Phase
H or subsequent phases of construction shall require conformance with
landscaping as indicated in the C-4 District." Motion carried: 6 Yeas, 0
Nays.
TRANSPORTATION SERVICES
(27.) Consider Resolution No. 5944 approving estimates of the cost of
paving improvements on the 1997 paving assessment program and
setting the date and time for a public hearing for the owners of the
abutting property.
RESOLUTION NO. 5944
PROJECT NO. 9516
1997 PAVING PROGRAM
A RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE
COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR
IMPROVEMENTS IN THE NATURE OF GRADING, CONSTRUCTING CURB
AND GUTTER, AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS,
AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY,
FIXING THE TIME AND PLACE FOR A HEARING FOR THE OWNERS OF
ABUTTING PROPERTY AND OTHER PERSONS INTERESTED IN SAID
PROPERTY, AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE
OF SAID HEARING ON BEHALF OF THE GOVERNING BODY OF THE CITY
OF LUBBOCK, TEXAS.
WHEREAS, the City Council of the City of Lubbock has heretofore ordered
that portions of streets, highways, avenues and/or alleys be improved by grading,
installing concrete curb and gutter, reinforced concrete alley pavement, and street
pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2)
inch asphalt surface, together with incidentals and appurtenances; and
WHEREAS, the City Council of the City of Lubbock has caused the City
Engineer to prepare and file estimates of the cost of such improvements and estimates
of the amount per front foot to be assessed against abutting property and the owners
thereof, and such estimates have been prepared and examined; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1. THAT such estimates be and are hereby adopted and approved.
SECTION 2. THAT notice of a hearing be given to the owners of property
abutting upon the hereinbelow mentioned portions of streets, highways, avenues and/or
alleys, and to all others interested in said property.
The Governing Body of the City of Lubbock has heretofore ordered that the
following portions of streets, highways, avenues and/or alleys in and along the
boundary of the City of Lubbock, Texas, be improved by raising, grading, filling and
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installing concrete curbs and gutters, minimum five (5) inch thick reinforced concrete
alley pavement, street pavement with caliche base and/or asphalt stabilized base and
one and one-half (1-1/2) inch asphalt surface where necessary on streets, highways,
avenues and/or alleys designated below.
It is hereby found and determined that the cost of the improvements on such
portions of said streets, highways, avenues and/or alleys with the amount or amounts
per front foot proposed to be assessed for such improvements against the abutting
property and the owners thereof, on the portions of said streets, highways, avenues
and/or alleys is as follows, to -wit:
The following forty-two (42) foot wide street: East Harvard Street from
Ash Avenue to Birch Avenue, known and designated as Unit Number 2342,
Sub -Unit 001. The total estimated cost of the improvements is $43,041.95.
The estimated amount per front foot to be assessed against the abutting property
and the owners thereof for curb and gutter is $7.86. The estimated amount per
front foot to be assessed against the abutting property and the owners thereof for
improvements exclusive of curb and gutter is $22.89 for front abutting property
other than R-1 and R-2 Zones.
The following eighty-six (86) foot wide street: 82nd Street from
Frankford Avenue West to the City limits, known and designated as Unit
Number 2386, Sub -Unit 002. The total estimated cost of the improvements is
$667,522.89. The estimated amount per front foot to be assessed against the
abutting property and the owners thereof for curb and gutter is $7.86. The
estimated amount per front foot to be assessed against the abutting property and
the owners thereof for improvements exclusive of curb and gutter is $40.66 for
front property in R-1 or R-2 zones, and $ 67.77 for front property in other than
R-1 or R-2 zones.
The following ten (10) foot wide alley: The East-West, North -South
alley between 64th Drive and 66' Street from Memphis Avenue East to 66th
Street, known and designated as Unit Number A-461, Sub -Unit 73. The total
estimated cost for the improvements is $16,492.92. The estimated amount per
foot to be assessed against the abutting property and the owners thereof is
$16.70.
The following ten (10) foot wide alley: The North -South alley between
Vicksburg Avenue and Wayne Avenue from 4' Street to Whisperwood
Boulevard known and designated as unit Number A-461, Sub -Unit 74. The total
estimated cost for the improvements is $11,864.75. The estimated amount per
foot to be assessed against the abutting property and the owners thereof is
$16.95.
An arrangement for the making and construction of such improvements with
pavement of one and one-half (1-1/2) inch asphalt surface and a compacted caliche base
and/or asphalt stabilized base in streets, highways, avenues and/or alleys to be
constructed with pavement minimum of five (5) inch reinforced concrete slab has been
made and entered into by the City of Lubbock, Texas, and rolls or statements showing
the proposed amounts to be assessed against the abutting property, and the owners
thereof, have been filed with the City, such rolls or statements showing other matters
and things, and have been approved; and the City Council of said City, has fixed a time
and place for a hearing for the owners of property abutting upon said portions of
streets, highways, avenues and/or alleys and for all others interested in said property, at
which hearing the amounts to be assessed against the respective parcels of abutting land
and the owners thereof for improvements to the units upon which the particular parcels
of property abut, the amount of benefits to the respective parcels of property by means
of the improvements to the units upon which the particular parcels of property abut, the
regularity of the proceedings with reference to such improvements, the apportionment
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of the cost of such improvements, and other matters and things will be determined; and
after such hearing, assessments will by ordinance be made and levied, and such hearing
will be had and held by and before the City Council of the City of Lubbock, Texas, in
the regular City Council Meeting Room in the Municipal Building, 1625 13th Street, in
the City of Lubbock, Texas, on the 27' day of August , 1998, at 11:30 a.m. o'clock.
The rolls or statements showing the proposed amounts of such assessments are on file
in the office of the City Secretary and copies thereof are in the office of the City
Engineer of the City of Lubbock and open to inspection by any interested parties, and
of all said matters and things all such owners of property, as well as any and others in _
anywise affected or interested, will take due notice.
By order of the City Council of the City of Lubbock, this the 25th day of
June, 1998.
No notice other than that herein provided for shall be necessary and such notice
shall be due and sufficient notice to any and all persons, firms, corporations and other
parties.
SECTION 3. THAT a hearing be given and held by and before the Governing
Body of the City of Lubbock, Texas, for all persons owning or claiming any interest in
property abutting any part or portion of said streets, highways, avenues and/or alleys
described in Section 2 of this Resolution, as well as all other persons in anywise
affected or interested. Such hearing shall be given and held on the 27th day of August,
1998 at 11:30 a.m. o'clock on the first floor in the Municipal Building, City of
Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time
and place of such hearing, and of other matters and facts in accordance with the terms
and provisions of Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code.
Such notice shall be by advertisement inserted at least three times in a newspaper
published in the City of Lubbock, Texas; the first publication shall be made at least
twenty-one (21) days before the said hearing; and, additional written notice of the
hearing shall be given by depositing in the United States Mail, at least fourteen (14)
days before the date of the hearing, written notice of such hearing, postage prepaid, in
an envelope addressed to the owners of the respective properties abutting such streets,
highways, avenues and/or alleys, or portions hereof to be improved, as the names of
such owners are shown on the then current rendered tax rolls of the City of Lubbock,
and at the addresses shown, or if the names of such respective owners do not appear on
such rendered tax rolls, then addressed to such owners as their names are shown on the
current unrendered rolls of the City, at the addresses shown thereon. Said notice shall
comply with and be in accordance with the terms and provisions of this Resolution and
said provisions of the Transportation Code.
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Page 407
PASSED AND APPROVED BY UNANIMOUS VOTE OF THE
GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS, THE 25TH
DAY OF JUNE, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ KaytWe Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney Office Practice Section
This is the fifth and final resolution associated with an assessment
program for the construction of paving improvements. The proposed
improvements consist of the following streets and alleys:
The east -west, north -south alley between 64th Drive and 66th
Street from Memphis Avenue east to 66th Street;
The north -south alley between Vicksburg Avenue and Wayne
Avenue between 4th Street and Whisperwood Boulevard;
East Harvard Street from Ash Avenue to Birch Avenue; and
82nd Street from Frankford Avenue west to the City limits.
A date and time must be established so that the required notification can
take place. The August 27, 1998 City Council meeting was proposed for
the date. A time of 11:30 A. M. was suggested for the public hearing.
The two alleys were petitioned by abutting property owners requesting
the paving improvements. The petition for the alley between 64th Drive
and 66th Street was petitioned with 100 % of the abutting property
owners signing the petition. The alley between Vicksburg Avenue and
Wayne Avenue was petitioned with 100 % of the abutting property
owners signing the petition. For these units the hearing will serve to
establish whether or not the paving should be constructed, and what
portion of the cost will be charged to the abutting property owners.
East Harvard Street was added for consideration to the assessment
paving program because of continual maintenance and drainage problems
experienced over the years. Although not petitioned, one of the abutting
property owners has made continued requests for paving
82nd Street was not petitioned, but is being paved at Council direction.
This street is an approved project in the Street Capital Projects budget.
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Page 408
For this unit the hearing will only establish the portion of the cost to be
charged to the abutting property owners.
Larry Hertel, City Engineer, presented staff comments.
Staff recommended approval of this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Cooke to pass Resolution No. 5944 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal had
stepped away from the dais.
HEALTH AND COMMUNITY SERVICES
(28.) Consider Resolution No. 5945 setting a date and time to hold a public
hearing for a proposed amendment to Urban Renewal Plan No. 7
from existing Commercial Land Use to Residential on existing
residential property at 2908 Colgate Street in the Arnett Benson
Urban Renewal Area.
RESOLUTION NO. 5945
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the CITY COUNCIL of the City of Lubbock does hereby authorize the
date and time to hold a public hearing for a proposed amendment to Urban Renewal
Plan No. 7 from existing Commercial Land Use to Residential on existing residential
property at 2908 Colgate Street in the Arnett Benson Urban Renewal Area. Said date
and time are set forth in Exhibit "A" which is incorporated as if fully set forth herein
and shall be included in the minutes of the Council.
Passed by City Council this 25th day of June, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health & Community Services
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 5945.
The owner occupants, Mr. & Mrs. Salvador Veracruz, have applied for
the Housing Reconstruction Program to have their existing home
demolished and a new home built at 2908 Colgate. The property is
legally described as Lots 35 and 36, Block 1, Maddox Addition. Under
the existing Commercial Urban Renewal Land Use, a new structure
cannot be constructed.
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Page 409
The proposed amendment was approved by the Urban Renewal Board of
Commissioners on March 24, 1998 with the recommendation, as
required, that the item be submitted to the Planning and Zoning
Commission. On June 4, 1998, the City's Planning and Zoning
Commission approved changing the City's current zoning on this site
from Commercial (C-3) to Residential (R-1).
Nancy Haney, Manager of Community Development and Neighborhood
Initiatives, presented staff comments.
The suggested date of the public hearing is August 13, 1998, with
publication of notice scheduled for July 5, 19, and August 2, 1998. The
Community Development Department recommended approval.
Motion was made by Councilmember Ince, seconded by Councilmember
McDougal to pass Resolution No. 5945 as recommended by staff.
Motion carried: 6 Yeas, 0 Nays.
(29.) Consider Resolution No. 5948 approving the appointment of
individuals to serve on the Empowerment Zone (EZ) Round II
Application Steering Committee for the City of Lubbock.
This item was considered following Item No. 37 after lunch recess.
RESOLUTION NO. 5948
WHEREAS Empowerment Zone Cities around the nation have already
demonstrated measurable success in the revitalization of their neighborhoods through
the Empowerment Zone process; and
WHEREAS, the Federal Government has decided to designate 15 additional
urban communities as Empowerment Zone Cities in Round II Competition; and
WHEREAS, the Federal Government expects to appropriate $100 million, in
addition to tax incentives and other incentives, to enable the designated cities to carry
out their plans for revitalizing the selected area; and
WHEREAS, the Federal Government requires an inclusive, diverse citizens'
committee to develop the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby appoint fifty (50)
members to the Lubbock Empowerment Zone Steering Committee as listed in the
attached "Exhibit "A" which is incorporated as if fully set forth herein and shall be
included in the minutes of the Council.
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Page 410
Passed by City Council this 25th day of June, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Managing Director of
Strategic Planning
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 5948.
Work on the application has already started using a preliminary steering
committee. An internal EZ committee compiled a list of organizations
whose participation in the application process will be critical. Key
individuals from those organizations were invited to sit on the
preliminary steering committee whose first function would be to
nominate individuals to serve on the final steering committee.
Committee members were asked to nominate others whose participation
can help ensure gender and ethnic diversity.
The City's ethnic groups are as follows: 65 % Anglo, 25 % Hispanic
9.1 % African American, 2.5 % Other. To reach a similar balance on a
50-member committee, staff needed 12 Hispanics, five African
American, 32 Anglos and one Other.
Nominations have been received from the preliminary steering
committee, neighborhood associations, and interested organizations. The
nominees are listed in Exhibit A as a part of the resolution. The timeline
for planning and completing the EZ application is very tight. To be
considered for designation, the City must submit an accurate and timely
application. During Executive Session, the Council finalized the
make-up of the Final Steering Committee and voted on approving the
resolution to appoint the Steering Committee in Regular Session. In
order to meet our timeline, it was necessary that steering committee
appointments be made today.
Staff recommended the proposed list of members shown in Exhibit A.
Motion was made by
Councilmember McDougal
following members appointed:
Windy Sitton
Victor Hernandez
T. J. Patterson
Richard Burdine
John T. Montford
Councilmember Cooke, seconded by
to pass Resolution No. 5948 with the
Richard Molina
Edwin Scott, Jr.
Kathyl Anderson
Dwight Pierce
Debbie Burleson
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Page 411
David Schmidly
Shirley Cleveland
Ben Lock
Jewell Love
Dick Walsh
Robert Brodkin
Gary McDaniel
Sally Brodkin
Don McBeath
Natalia Salazar
Tom Nichols
Carol Cunningham
Delbert McDougal
Celia Glick
Eddie McBride
Linda Hogan
Duane Lavery
Manuel Martinez
Mark Earle
Emma Jackson
Pete Ruiz
Jim Fair
Wayne Boling
Judi Blakey
Gary Lawrence
Diane Vega
Jerry Stevens
Danette Castle
Greg Jones
Rebecca Wallace
Robert Dominguez
Floyd Price
John Herrera
Jim Lowder
Curtis Culwell
Kathleen Earl
Mark Griffin
Linda DeLeon
Craig Bean
Sue Neher
Allen Carrigo
Jim Gomez
Don McCullough
Lala Cavazos
Marciano Morales
Richard Lopez
Jim Shearer
Candelario Martinez
Robert Greenhill
Jerry Casstevens
David Sowell
Gilbert Flores
Tom Sawyer
Motion carried: 4 Yeas, 0 Nays. Councilmembers Hernandez and Ince
were not present when council reconvened.
CIVIC SERVICES
(30.) Consider Resolution No. 5946 approving recommendations from the
Lubbock Arts Alliance, Inc. for the first of two grant periods for
1998-99.
RESOLUTION NO. 5946
WHEREAS, the Lubbock Arts Alliance has presented its recommendations on
the award of funds for the Arts Grants Program for the first grant period of 1998-99;
and
WHEREAS, the City Council of the City of Lubbock has reviewed the
recommendations and hereby approves them for award; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the recommendations of the Lubbock Arts Alliance for the award of
funds for the first grant period of 1998-99 are hereby accepted and approved.
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Page 412
Passed by City Council this 25th day of June, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary - -
APPROVED AS TO CONTENT:
/s/ Connie Gibbons
Connie Gibbons, Manager of Cultural
Arts
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Municipal Contracts
Attorney
On May 14, 1998, the Lubbock City Council approved an agreement to
pay $117,179.11 to the Lubbock Arts Alliance, Inc. The agreement
stipulates that the funds are to be used in making grant awards to cultural
arts organizations for the encouragement, promotion, improvement, and
application of the arts. The funds represent .400 cent of the hotel/motel
tax collected during the fiscal year ended September 30, 1997. In
reviewing requests and developing funding recommendations for each
application, the Grants Review Committee follows guidelines that were
approved as part of the May 14, 1998, agreement. The grants review
committee, composed of appointments by City Council and
representatives of the Lubbock Arts Alliance, evaluates applications and
submits their recommendations to the City Council for approval.
The Lubbock City Council is now asked to approve $45,150 in grant
awards for the first of two grant periods for 1998/99. Twenty-four
applications were received on the June 1, 1998 deadline and nineteen are
recommended for approval. Included in agenda backup was a listing of
the recommendations from the Lubbock Arts Alliance Grants Review
Committee.
Tommy Gonzalez, Director of Civic Services, presented staff comments.
Tina Fuentes, Board Member of Lubbock Arts Alliance and LAA Grants
Review Committee, also presented comments.
Lubbock Arts Alliance, Inc. recommended approval of the grants'
awards.
Motion was made by Councilmember Nelson, seconded by
Councilmember Cooke to pass Resolution No. 5946 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
ELECTRIC UTILITIES
(31.) Consider Resolution No. 5947 authorizing the Mayor to execute a
Gas Sales Contract between LG&E Energy Marketing, Inc. and the
City of Lubbock.
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Page 413
RESOLUTION NO. 5947
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 Gas Sales Contract by
and between the City of Lubbock and LG&E Energy Marketing, Inc., attached hereto,
which shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by City Council this 25th day of June, 1998.
/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/ Richard K. Casner
Richard K. Casner, Natural Resources
Attorney
A copy of the Gas Sales Contract is filed with Resolution No. 5947.
This contract is for the supply of fuel gas for all LP&L power plants
(including the J. R. Massengale Station) and for the City of Lubbock.
The RFP closed on February 25, 1998. Respondents to the RFP
included:
KN Marketing, L.P. Houston, Texas
L G & E Natural, Inc. Dallas, Texas
Woodward Marketing, LLC Houston, Texas
LG&E Energy Marketing was selected as the preferred proposer on
March 11, 1998. The recommended contract is the result of negotiations
which have proceeded since that time. LP&L's ability to lock -in gas has
also been substantially changed to allow more options with less overall
costs. These combined changes will reduce LP&L's new gas costs by
approximately $200,000 per year on the take -or -pay gas and by
approximately $100,000 per year for spot gas. When the existing
contract expires in four years, these savings will increase by an
additional $500,000 per year. The Fuel Supply -Power Plant Gas budget
amount is $16,000,000. The contract term of this proposed contract will
be ten years.
Paul Thompson, Director of Electric Utilities, presented staff comments.
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Regular City Council Meeting
June 25, 1998
Page 414
The staff recommended that the City Council approve the recommended
Gas Sales Contract.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass Resolution No. 5947 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
MISCELLANEOUS
(32.) Consider a resolution authorizing the City of Lubbock to execute
dues checkoff on behalf of the fire and police associations.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Mayor Sitton announced that Items No. 32 through 36 had been pulled at
the request of Councilmember Hernandez.
Councilmember Nelson inquired about these items, as to whether these
were to be pulled indefinitely. He requested that the items be considered
instead of continued. Councilmember Hernandez stated that his request
was that the items be pulled indefinitely.
Councilmember Nelson requested a clarification in regard to placing the
items back on the agenda at a future date if and when council rules have
changed regarding placement of an item on the agenda.
Anita Burgess, City Attorney, advised that ownership of the items
resided with Councilmember Hernandez, but that the items could be
voted on at the request of any councilmember because they had been
properly posted. She further advised that Councilmember Hernandez
could not unilaterally continue the items indefinitely, that he could pull
them from the agenda if no other councilmember wanted them on the
agenda. Ms. Burgess also stated that if the rules were changed at a
future date and the items were brought back after the rule change, then
the new rules would apply. She advised that, since the items had been
properly posted, Council could choose to act on them today at the
request of any one councilmember.
Councilmember Nelson then requested that these items be taken up.
Motion was made by Councilmember Hernandez to pass this resolution;
motion died for lack of a second.
(33.) Consider a resolution changing the time of Regular City Council
Meetings to afternoon or evening hours.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Comments for this item are included in Item No. 32.
Motion was made by Councilmember Hernandez to pass this resolution;
motion died for lack of a second.
(34.) Consider a resolution directing the City staff to provide public
information to the public and/or news sources at the minimum cost
established by law.
414
Regular City Council Meeting
June 25, 1998
Page 415
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Comments for this item are included in Item No. 32.
Motion was made by Councilmember Hernandez to pass this resolution;
motion died for lack of a second.
(35.) Consider a resolution directing the City staff to video tape all
briefings of City Council members being given by City staff and
preserve such video tape for viewing by the public and/or news
sources.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Comments for this item are included in Item No. 32.
Motion was made by Councilmember Hernandez to pass this resolution;
motion died for lack of a second.
(36.) Consider a resolution requiring the City Council to continue to make
all appointments of City board and commission members in public
and on the record.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Comments for this item are included in Item No. 32.
Motion was made by Councilmember Hernandez to pass this resolution;
motion died for lack of a second.
(37.) Consider a resolution entitled the "small business advocate
resolution," also known as the "reducing red tape resolution," that
would create economic development opportunities through the
elimination of unnecessary paper work and costs associated with
licensing and permitting and their associated rules and fees, while at
the same time preserving a municipality's ability to ensure public
health and safety.
This item was placed on the agenda at the request of Councilmember
Victor Hernandez.
Comments for this item are included in Item No. 32.
Motion was made by Councilmember Hernandez to pass this resolution;
motion died for lack of a second.
12:40 P. M. COUNCIL RECESSED TO EXECUTIVE SESSION
2:01 P. M. COUNCIL RECONVENED
Councilmembers Victor Hernandez and Max Ince were not present
when Council reconvened.
Following council reconvening, Item No. 29 was considered.
415
Regular City Council Meeting
June 25, 1998
Page 416
2:04 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.
I Y S AYO
ATTEST:
- ) haiR
Kay i Darnell, City Secretary
Read and approved this day of , 1998.
WINDY SI ON, AYOR
AT EST:
Kayt i Darnell, City Secretary
416