HomeMy WebLinkAboutMinutes - City Council - Regular - 6/24/1999CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 24, 1999
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 24th
day of June, 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 Tem Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Victor Hernandez,
Councilmember Marc McDougal, and Councilmember T. J.
Patterson; Councilmember David Nelson arrived at 7:38 A. M.
CITIZEN COMMENTS
Two citizens expressed comments to the Council. They were:
Irma Guerrero; and
Johnny Travis.
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 Attorney; City Manager); pending or
contemplated litigation (Aviation; Environmental Inspection; Parks
Department; Police Department; Water Utilities); and personnel matters
regarding duties, responsibilities, and/or appointments (Boards and
Commissions).
7:58 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Attorney; 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 (Aviation, Environmental Inspection; Parks Department;
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:
Citizens Traffic Commission
Board of Electrical Examiners
Zoning Board of Adjustment
10:04 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
Regular City Council Meeting
June 24, 1999
Page 470
( 4.) Presentation of Market Lubbock, Inc. Economic Development
Corporation and Lubbock Convention and Visitors Bureau annual
report and proposed FY 1999-2000 Budget by Jim Crowson, MLI
Vice Chairman, and C. David Sharp, Chief Executive Officer.
Jim Crowson, MLI Vice Chairman, made introductory remarks. C. David
Sharp, Chief Executive Officer of MLI, presented the annual economic
development report for Market Lubbock to Council; Linda Fort made the
presentation for the Lubbock Convention and Visitors Bureau; and Andy
Jugan made the presentation for the Lubbock Sports Authority.
Since the City of Lubbock provides funding for Market Lubbock, Inc., the
Lubbock Convention and Visitors Bureau, and Lubbock Sports Authority,
they presented their proposed budget for FY 1999-2000. This allowed
Council to hear budget requests from MLI, LCVB, and LSA prior to the
start of Council budget reviews which are scheduled for June 30, July 1, and
July 2.
No Council action was required at this time. Presentation was for
information and discussion purposes only. Council action on MLI,
LCVB and LSA will be incorporated as part of overall City of Lubbock
budget.
(5.) Presentation of recommendation to create a City of Lubbock Youth
Commission by six local high school students.
A group of Lubbock students has been working on the establishment of a
Youth Commission for the community of Lubbock under the general
request of Mayor Windy Sitton and Councilman T. J. Patterson. This
group is comprised of various student leaders from several Lubbock
junior high and high schools that presented a proposal on a Youth
Commission for Lubbock. The Lubbock Youth Commission will strive
to give a voice to Lubbock youth and provide a youth perspective on
community issues. The Youth Commission will seek to train the leaders
of the future and provide an opportunity for youth to serve the city in
which they live.
The Youth Commission is proposed to have 36 student members and
seven adult advisors. Included in this Commission will be a seven -
member Youth Council modeled after the City Council. It will include
one Mayor, one Mayor Pro-Tem, two Secretaries, one Public Relations
Representative, one Treasurer, and one Historian. The age range for the
members will be 14 to 18. The proposed resolution provides goals and
objectives, a process for the appointment of members, a structure for
meetings, and a process for the selection of the Youth Council.
The students presenting this proposal were:
Brooke Chavez, Senior, Estacado High;
Dietra Jackson, Junior, Coronado High;
Chrissy Sum, Junior, Lubbock High;
David Fralin, Freshman, Cavazos Junior High;
Lauren Griffin, Junior, Lubbock High; and
Omar Jones, Sophomore, Estacado High.
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(6.) Final wrap-up for the 76th Texas Legislative session by
Councilmember David Nelson and Debra B. Forte, First Assistant
City Manager.
This item was not presented.
11:13 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Victor Hernandez,
Councilmember Marc McDougal, Councilmember David Nelson,
Councilmember T. J. Patterson; Bob Cass, City Manager; Anita
Burgess, City Attorney; and Kaythie Darnell, City Secretary
Absent: None
Mayor Sitton called the meeting to order at 11:13 A. M.
( 7.) Reverend Jim Gerlt, Minister of Indiana Avenue Baptist Church,
gave the invocation.
( 8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
MHMR Board of Trustees
Receiving: Harvey Morton (unable to attend)
Neighborhood Redevelopment Commission
Receiving: Joe Lopez
CITIZEN APPEARANCES
( 9.) Proclamation from the Mayor to HUD officials to proclaim the
month of June 1999 to be National Homeownership Month.
Nancy Haney, Community Development Manager, assisted Mayor Sitton
in making the presentation. Miguel Rincon, HUD Senior Community
Builder, and Wanda Merrick, HUD Community Builder, accepted the
proclamation.
(10.) Presentation of Special Recognition Certificates to individuals
involved in the Lubbock Housing Consortium Dream Tour `99.
In an effort to promote homeownership in the United States, and with the
goal of increasing the national homeownership rate to an all time high of
67.5 % by the end of the year 2000, Lubbock's Housing Consortium
started their efforts to achieve this goal.
For the last three years the Housing Consortium has produced a "Dream
Tour". The third one was just recently completed and was a great
success. The tour demonstrates how important and beneficial affordable
housing is to the Lubbock Community. The Dream Tour also
demonstrates partnerships among public, private, and non-profit sectors
in support of the Lubbock Housing Consortium's mission to benefit
Lubbock families and neighborhoods through affordable housing.
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The average price of a new home in Lubbock is more than $100,000,
and the average sales price of an existing home is $87,000. This year
the average Dream Tour home is $55,000, which makes these homes
affordable while maintaining quality. These homes are built in the
Robbie Marion Heights Addition, and the Dream Tour has increased
property values 5,000 percent on these non -income producing lots. The
building of homes increases employment and retail sales.
A specific list of those organizations receiving a Special Recognition
Certificate was provided prior to the City Council Meeting. The
invitation list included: Shari Flynn, Chairman of the Lubbock Housing
Consortium; Nita Keisling, President of the Lubbock Housing
Corporation Board of Directors; Callentano Torres with Torres
Construction; Ron and Rick Betenbough with Betenbough Quality
Homes, Inc.; Alan Dyess of Alan Dyess Construction; and Julian
Martinez, President of the Southgate Neighborhood Association. Those
on hand to receive recognitions were Alan Dyess, Ron Betenbough, and
Ken Flagg of the Lubbock Housing Finance Corporation.
Councilman T. J. Patterson served as Honorary Chairman of this year's
Dream Tour `99.
TOP TEN LIST
Councilmember David Nelson gave his Top Ten List of Positive Things
In Lubbock's Future, "GO PROGRESS".
Our Top Ten list is different this month. Of course it is still a "positive"
list. It still lists ten things about Lubbock that makes Lubbock unique and
of which we can all be proud. And our Top Ten List, most importantly,
says "YES" to wonderful opportunities that we as citizens in Lubbock
have. It is farsighted, visionary and reflective of the past and future
growth here in Lubbock, both in population and in quality of life,
I am speaking of the Capital Improvements Projects recommended by
our Citizen Advisory Committee that everybody in Lubbock may be
considering in September. This Top Ten List does not follow our
traditional "LUBBOCK YES" acrostic, but follows a different one that is
equally positive, equally supportive, and even more encouraging of us as
citizens in Lubbock to look for and take advantage of the opportunities
we have for the future of this community.
No. 10 is Street Improvements. Our Citizen Advisory Committee has
recommended nine site -specific projects and five city-wide projects to
enhance our roadway infrastructure and transportation ease throughout
the City. These projects include a city-wide computerized signal system
upgrade, city-wide disabled accessibility improvements, and nine
sections of streets that need new or widened paving or other
enhancements. The recommended projects total $20,456,200.00, which
makes up the bulk of the Capital Improvements Projects recommended
by our committee--54 % of the total bond package.
No. 9 is Sports Facilities. In order to accommodate the growing number
of our City's youth participating in organized sports, both boys and girls,
the Committee has recommended the building of the McAlister Park
Athletic Complex, located west of Frankford Avenue between Spur 327
and the Brownfield Highway. This $1.6 million project will be the
southwest version of our already -existing Berl Huffman Complex, with
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four state-of-the-art lighted ball fields and significant additional acreage
of improvements that will accommodate other sporting activities for all
children within the city.
No. 8 is Equity of Improvements Distribution. The bulk of the proposed
projects have a positive impact on the entire city. Those site -specific
projects, however, are distributed geographically in every quadrant of
the city --from North University Avenue improvements, to a new park in
the southeast quadrant of the city, to improvements in MacKenzie Park,
to drainage and street improvement projects in the southwest part of
Lubbock --these Capital Improvements Projects are equitably distributed
throughout the entire community.
No. 7 is Recreation Facilities. In addition to the McAlister Park
Complex the Committee has proposed numerous park improvements,
including automated irrigation and lighting throughout the 65 public
parks in the city, that will increase and enhance the recreational
opportunities available to the citizens of Lubbock.
No. 6 is Growth Infrastructure. As Lubbock grows and expands, the
addition of more impervious surfaces, i.e., street pavement and concrete,
creates complicated drainage issues. Our recent rains clearly illustrate
the need for more storm water drainage projects and capacity. The
Citizens Advisory Committee has recommended three projects totaling
$2.1 million in furtherance of that objective.
No. 5 is Outdoor Theater. A proposed amphitheater in the beautiful
Canyon Lakes area will provide a venue for any number of performing
arts productions on a regular basis, set to a backdrop of the most
aesthetically attractive landscape in the city.
No. 4 is Regional Arts Center. The conversion of the Fire Department's
administrative offices building located at 519 Avenue K into the initial
structure of a Regional Arts Center that will ultimately be the umbrella
organization of all of the performing arts groups in the city and,
hopefully, this region. The need for a central clearinghouse for
performing arts activities with some theater facilities is of significant
importance to artistic opportunities in Lubbock and is needed.
No. 3 is Park Development. Lubbock has outgrown its current
neighborhood park system. New parks are needed in new growth areas,
improvements are needed in existing parks to provide uniform amenities,
and a cost -saving automated irrigation and lighting system is a must.
Completion of another dam in the Canyon Lakes project is also included
in this park development proposal. Park development has drawn more
citizen input and requests than any other component of this bond
package. The total amount earmarked for park development is $14.6
million.
No. 2 is Outdoor Recreation. From the street improvements to the
drainage projects to the park improvements, the outdoor recreation
opportunities will be enhanced through this bond package.
No. 1 is Goals Implementation. A 100-member committee was formed
in 1994 and established a document known as the "Goals for Lubbock -
A Vision Into the 21st Century". Those 100 citizens participated in nine
subcommittees, whose efforts resulted in developing a list of issues
setting forth a foundation to create visionary, imaginative and
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challenging goals for city. The Capital Improvements Projects included
in this bond package are priority projects that were encouraged by that
100-member committee.
The citizens of Lubbock have always been a force in determining the
direction of this community. It is incumbent to use these prioritized
projects and goals as a roadmap to creating paths to help create
Lubbock's future. Remember, the future is not some place we are going
to, but one we are creating now. The paths to it are not found, but are
made. And the activity of making them changes both the maker and the
destination.
I encourage this City Council and all citizens of Lubbock to "GO" for
"PROGRESS", to carefully consider every one of these proposed Capital
Improvements Projects, and to say "YES" to a bright and progressive future
for Lubbock and the opportunities that the future presents.
CONSENT AGENDA (Items No. 11 - 29, 31-32, 34, 35A, 36 - 47)
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve all items on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(11.) Approval of the minutes of the Regular City Council Meeting of
June 10, 1999.
(12.) Ordinance No. 10163 amending Chapter 16, Motor Vehicle and
Traffic, Section 175.1 so as to alter the prima facie speed limits upon
certain streets within the City of Lubbock, and Section 175.2 to add
a school zone on both sides of llth Place beginning at a point 95 feet
east of Liberty Avenue extending to a point 230 feet east of LaSalle
Avenue (20 mph) (second and final reading).
ORDINANCE NO. 10163
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ALTERING THE PRIMA FACIE SPEED LIMITS UPON CERTAIN PORTIONS OF
CERTAIN STREETS WITHIN THE CITY OF LUBBOCK; ESTABLISHING A NEW
SCHOOL ZONE WITH A REDUCED SPEED LIMIT; PROVIDING AN
EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
(13.) Ordinance No. 10165 abandoning and closing a portion of 44th
Street located in Section 16, Block B, Lubbock County (3701 44th
Street) (first reading).
ORDINANCE NO. 10165
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 44TH
STREET LOCATED IN SECTION 16, BLOCK B, LUBBOCK, LUBBOCK
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY
OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
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This ordinance abandons and closes a 17,409-square-foot portion of 44th
Street just west of Louisville Avenue and east of Memphis Avenue for an
additional parking area for St. Luke's United Methodist Church. A new
street area to the north of the existing street will be dedicated to replace
this area being closed, and the proponents will not be charged for this
area being closed since there is more new street area being dedicated
than closed. All utilities, City departments, and neighbors are in
agreement with this closure.
The Right -of -Way Department recommended the first reading of this
ordinance.
(14.) Ordinance No. 10166 abandoning and closing portions of a
temporary underground utility line easement and a temporary switch
enclosure and transformer pad easement located in Section 36,
Block A-K and adjacent to Tract "A", Womble Addition to the City
of Lubbock (5810 Spur 327) (first reading).
ORDINANCE NO. 10166
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
TEMPORARY UNDERGROUND UTILITY LINE EASEMENT AND A
TEMPORARY SWITCH ENCLOSURE AND TRANSFORMER PAD EASEMENT
LOCATED IN SECTION 36, BLOCK A-K, AND ADJACENT TO TRACT "A"
WOMBLE ADDITION, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
In 1993 Mark Womble granted LP&L a temporary underground utility
line easement and a temporary switch enclosure and transformer pad
easement located north of Spur 327 and just west of the Frank Brown
Auto Dealership on the west side of Frankford Avenue. This area is
being platted, and new easements will be dedicated to replace those being
closed.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
(15.) Ordinance No. 10167 amending Chapter 1 of the Code of
Ordinances, General Provisions, by deleting provision that prohibits
arrest, providing that the person charged with a violation of the City
Code or ordinance be held accountable on written promise to appear
(first reading) .
ORDINANCE NO. 10167
AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, GENERAL PROVISIONS,
SECTION 1-4, BY REPEALING SUBPARAGRAPH (c) PROHIBITING ARREST
AND PROVIDING THAT THE PERSON CHARGED BE HELD ACCOUNTABLE
ON WRITTEN PROMISE TO APPEAR; RE -DESIGNATING SUBPARAGRAPHS
(d) and (e), as (c) and (d) RESPECTIVELY; PROVIDING A SEVERABILITY AND
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND, ESTABLISHING
AN EFFECTIVE DATE.
Subparagraph (c) of Section 1-4, Chapter 1 of the Lubbock Code of
Ordinances reads as follows:
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"Upon the signing of a promise to appear in municipal
court, by the person charged, no arrest shall be made but
the person charged shall be held accountable for his
written promise to appear."
In the interest of public health, safety and welfare, city peace officers
should have the same discretion in arresting individuals for offenses
under the City Code as for any other fine only offense. For example,
such discretion is desirable when considered with respect to offenses that
may involve the operation of dangerous amusement rides; animal
cruelty, including fighting; lewd or lascivious behavior related to
sexually oriented business; traffic violations for which arrest is permitted
under state code; carrying prohibited weapons; discharge of firearms;
illegal sale of alcoholic beverages; and illegal operation of ambulance
service.
State law prohibits arrest upon the violator's signed promise to appear
only for the specified traffic violations of speeding and open container
(Transportation Code §543.004). Our Code of Ordinances adopts by
reference Chapter 543 of the Transportation Code (L.C.O. §16-22).
State law does not prohibit arrest upon execution of a promise to appear
for any other violations having criminal penalties.
The code provision is unnecessary because LPD Procedure and Policy
comprehensively addresses field release in the case of Class C
Misdemeanor or municipal ordinance offenses. Field release is
permitted when the offender has a local address and sufficient personal
identification; the officer has no articulable reason to believe that the
violator will fail to appear, suffer injury, continue the violation, or
commit a more serious violation; the violator is not subject to an
outstanding arrest warrant; the officer has no reason to suspect that the
violator is involved in a more serious offense; and, the violator
voluntarily signs a notice to appear. City peace officers should be
allowed discretion to arrest in situations in which additional detention is
necessary to properly identify the offender, the offender is likely to
suffer injury or to continue the violation, or the violator may be involved
in a more serious offense.
Dan Saluri, Assistant City Attorney, presented staff comments and
answered questions from the Council.
Passage of this ordinance will facilitate peace officers in the performance
of their duties to prevent crime and charge offenders. Police Department
staff recommended approval.
(16.) Ordinance No. 10168 amending Section 84 of the Code of
Ordinances with regard to establishing voting precincts and voting
locations for newly annexed areas (first reading).
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ORDINANCE NO. 10168
AN ORDINANCE AMENDING SECTION 8-4 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ESTABLISHING VOTING PRECINCT BOUNDARIES IN NEWLY ANNEXED
AREAS; CORRECTING THE BOUNDARIES OF EXISTING VOTING PRECINCTS
AFFECTED BY ANNEXATION; ESTABLISHING VOTING DISTRICT
BOUNDARIES IN NEWLY ANNEXED AREAS; CHANGING THE NAME OF A
POLLING PLACE DUE TO A CHANGE IN BUILDING OWNERSHIP;
PROVIDING A MAP OF THE VOTING PRECINCTS AND POLLING PLACES OF
THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8
NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
On May 26, 1999, the County Commissioners amended Lubbock County
voting precincts to accommodate the City's recent annexation on the
southwest side of Lubbock. Essentially, the County left in place the
existing county precinct lines except where it was necessary to move a
line that followed the old City limits to a street or road in order to ensure
that no homes were bisected by the precinct line. The County's changes
will go into effect January 1, 2000, by operation of state law (Sec.
42.033, Election Code).
The City is required to follow precinct lines established by the County,
except where the City limits line intervenes (Sec. 42.061, Election
Code) .
As a result of the annexation, five new City voting precincts (Nos. 104,
109, 110, 111, and 112) will be established. The boundaries of seven
existing precincts had to be adjusted due to the change in the City limits
line.
Two small precincts created as a result of a prior annexation (Nos. 105
and 106) have been absorbed into the new larger precincts.
Since most of the newly annexed land is vacant or sparsely populated and
there are no suitable public buildings for polling places, it is
recommended that polling places not be established immediately and that
the new precincts vote at the nearest permanent City polling place until
such time as population growth and availability of suitable public
buildings justify the creation of permanent polling places within the new
precincts.
It is also recommended that the new voting precincts be included in the
nearest adjacent City Council Districts. New Precincts No. 104, 110,
111, and 112 are recommended to be included in District 5; and new
Precinct No. 109 is recommended to be included in District 4. This
change will add approximately 166 persons to District 4 and
approximately 1,549 persons to District 5, according to Planning
Department estimates of current population. The City's demographic
planner also advised that this distribution of the new precincts will be
most convenient for the new voters and will have the effect of reducing
the overall top to bottom deviation of City voting districts, as the two
southwest districts are slightly under the optimum population for an
"ideal" district (31,040).
These changes will go into effect January 1, 2000 at the same time as the
County's changes.
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These changes also must be submitted to the U. S. Justice Department
for pre -clearance pursuant to the Voting Rights Act of 1965 before they
may be implemented.
It was recommended that this ordinance be passed by the City Council.
(17.) Ordinance No. 10169 calling a bond election for September 18, 1999
(first reading).
ORDINANCE NO. 10169
AN ORDINANCE ORDERING A BOND ELECTION TO BE HELD IN THE
CITY OF LUBBOCK, TEXAS, MAKING PROVISION FOR THE CONDUCT OF
THE ELECTION AND RESOLVING OTHER MATTERS INCIDENTAL AND
RELATED TO SUCH ELECTION.
The CAC Steering Committee for the Five -Year CIP made their
presentation to the City Council in work session at the June 10, 1999
City Council Meeting. Near the end of the work session discussion, it
was staff s understanding that it was Council's intent to include the issue
for the Regional Arts Center with the Park Improvement proposition on
the ballot. However, bond counsel has indicated that unless the Parks
Department will operate the Regional Arts Center, it must remain a
separate ballot item.
With the additional funding added to the Park Improvement proposition
for irrigation of the landscape terrace on the South Loop, and with
rounding the proposition figures to the nearest $5,000, the ballot issues
will be as follows:
Proposition #1 Street Improvements $17,165,000
Proposition #2 Drainage Improvements $2,160,000
Proposition #3 Traffic Signalization $3,295,000
Proposition #4 Park Improvements $14,765,000
Proposition #5 Regional Arts Center $475,000
This brings the total bond election package to $37,860,000. After
passage on first reading at the June 24 meeting, it was scheduled to come
back for a second reading at the July 1 meeting in order to get the proper
submittals to the Justice Department for a September 18, 1999 Bond
Election date.
Anita Burgess, City Attorney, and Bob Cass, City Manager, presented
staff comments.
Staff supported passage of this ordinance on first reading.
(18.) Ordinance No. 10170 authorizing the issuance of no more than
$26,000,000 Tax and Waterworks System Surplus Revenue
Certificates of Obligation, Series 1999A, and authorizing approval of
all necessary documents related to issuance (first reading).
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ORDINANCE NO. 10170
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS TAX AND WATERWORKS 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 WATERWORKS 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, A PURCHASE CONTRACT AND
AN ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN
OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN
EFFECTIVE DATE.
On June 10, 1999 City Council approved a resolution to approve and
authorize publication of notice of intent to sell and notice of sale, for no
more than $26,000,000 in certificates of obligation, for the City of
Lubbock's share of Phase II of the North Panhandle Project.
In 1996, total project costs were projected to be $92,500,000. Phase II
project costs were projected to be $62,000,000. Since then, additional items
have been added to the scope of the project that are expected to enhance
operations resulting in lower long-term operating costs that are passed on to
the City. Due to the passage of time since estimates were prepared and the
additional items added to the project, CRMWA and the City of Lubbock
agreed to delay the issuance of the certificates to allow sufficient time for a
bid process to more precisely identify the true cost of the project. If the bid
process results in higher than expected costs, the proposed 15 % rate increase
may have to be adjusted to achieve the amount necessary to support the
required debt service. The converse is also true. Bids received could lower
the cost to the citizens. As always, cost containment is an issue staff
monitors closely.
The second reading of this bond ordinance is scheduled for a specially called
City Council meeting on September 20, 1999 at 10:30 a. in. in the City
Council Chambers. The specially called meeting is necessary to coordinate
the approval of the ordinance to coincide with the events related to the
issuance of debt by Canadian River Municipal Water Authority that will be
done simultaneously for all other member cities.
As this action is necessary to proceed with the bond issuance, staff
recommended passage of this ordinance.
(19.) Resolution No. 6396, Resolution No. 6397, Resolution No. 6398,
Resolution No. 6399, and Resolution No. 6400 authorizing the Right -
of -Way Department to make offers to eight property owners for five
parcels of right-of-way for the East-West Freeway Railroad
relocation (north of Erskine Street, south of Ursuline Street, west of
FM 179, and west of North Frankford, north of Kent Street.)
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RESOLUTION NO. 6396
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-26 Shalaine B. Gillette $15,000
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.
SECTION 4. THAT the owner of the above -described parcel of land being
Shalaine B. Gillette BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $15,000 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.
W:1
Regular City Council Meeting
June 24, 1999
Page 481
Passed by City Council this 24th day of June, 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
A copy of Exhibit "A" is filed with Resolution No. 6396.
RESOLUTION NO. 6397
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-28 Delmo E. Gossett and wife, Wynona Gossett $9,250
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.
Regular City Council Meeting
June 24, 1999
Page 482
SECTION 4. THAT the owners of the above -described parcel of land being
Delmo E. Gossett and wife, Wynona Gossett BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $9,250 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 24th day of June, 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
A copy of Exhibit "A" is filed with Resolution No. 6397.
RESOLUTION NO. 6398
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-29 Clifton John Lehman and wife, $11,000
Kathy Lynne Lehman
Regular City Council Meeting
June 24, 1999
Page 483
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.
SECTION 4. THAT the owners of the above -described parcel of land being
Clifton John Lehman and wife, Kathy Lynne Lehman BE offered through the Right -of -
Way Department of the City of Lubbock the amount of $11,000 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 24th day of June, 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
A copy of Exhibit "A" is filed with Resolution No. 6398.
RESOLUTION NO. 6399
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:
Regular City Council Meeting
June 24, 1999
Page 484
PARCEL NO OWNER'S NAME AMOUNT
IRR-30 Wayne Welch and wife, Wanda Welch $5,000
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.
SECTION 4. THAT the owner of the above -described parcel of land being
Wayne Welch and wife, Wanda Welch BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $5,000 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 24th day of June, 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
A copy of Exhibit "A" is filed with Resolution No. 6399.
RESOLUTION NO. 6400
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:
ME
Regular City Council Meeting
June 24, 1999
Page 485
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-47 James Elliott Taylor, Jr. $20,150
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.
SECTION 4. THAT the owner of the above -described parcel of land being
James Elliott Taylor, Jr. BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $20,150 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 24th day of June, 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
A copy of Exhibit "A" is filed with Resolution No. 6400.
These five parcels of right-of-way are needed for the railroad route
around West Lubbock in conjunction with the East-West Freeway
project. These parcel numbers and property owners are:
1 RR 26 - Shalaine B. Gillette;
1 RR 28 - Delmo E. Gossett and wife, Wynona Gossett;
1 RR 29 - Clifton John Lehman and wife, Kathy Lynne Lehman;
1 RR 30 - Wayne Welch and wife, Wanda Welch; and
1 RR 47 - James Elliott Taylor, Jr.
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Regular City Council Meeting
June 24, 1999
Page 486
All of these parcels are between Erskine and Ursuline Streets and west of
FM 179, except for parcel 1RR47 that is west of North Frankford
Avenue and north of Kent Street.
Parcels 1 RR26, 1 RR28, 1 RR29, and 1 RR30 were appraised by Merle
Blosser, and parcel 1RR47 was appraised by Tommy Cantrell. All
appraisals were reviewed by TxDOT. 1RR26 contains 0.64 acres and
was appraised for a total offer of $15,000. $1,600 was the value placed
on the land, and $13,400 was the value placed on the damages. 1RR28
contains 0.63 acres and was appraised for a total offer of $9,250.
$1,500 was the appraised value placed on the land, $200 was placed on
the improvements, and $7,550 was the value placed on the damages.
1RR29 contains 0.63 acres and was appraised for a total offer of
$11,000. $1,575 was the value placed on the land and $9,424 was the
value placed on the damages. 1RR30 contains 0.31 acres and was
appraised for a total offer of $5,000. $775 was the value placed on the
land and $4,225 was the value placed on the damages. 1RR47 contains
1.55 acres and was appraised for a total offer of $20,150. $2,325 was
the value placed on the land and $17, 825 was the value placed on the
damages.
These resolutions being presented before the City Council ask for
approval of these offers to these property owners for these parcels.
These resolutions authorize the Right -of -Way Department to offer the
property owners this appraised amount and if refused, institute
condemnation proceedings to acquire these properties.
The Right -of -Way Department recommended the approval of our offers
to these property owners.
(20.) Resolution No. 6401 authorizing the Mayor to execute a parking lot
lease with Bleacher's Sports Cafe (1910 Texas Avenue).
RESOLUTION NO. 6401
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Lease between the City
of Lubbock and Bleacher's Sports Cafe, and related documents. Said lease is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
EM
Regular City Council Meeting
June 24, 1999
Page 487
Passed by City Council this 24th day of June, 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/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Lease Agreement is filed with Resolution No. 6401.
On June 12, 1997 the City executed a lease with Kurt McMillan of
Bleacher's Sports Cafe for approximately 64 spaces of the City's Health
Department Parking Lot at the southwest corner of 19th Street and Texas
Avenue. This lease enables Bleacher's to satisfy the parking
requirements per the zoning ordinance for customers of the cafe during
the evening and nighttime hours. This lease has just expired and this
new lease will renew the expired one. The City will receive $240 per
month for this parking lease.
The Right -of -Way Department recommended the renewal of this lease.
(21.) Resolution No. 6402 authorizing the Mayor to execute a parking lot
lease with KPL, Inc. (1910 Texas Avenue).
RESOLUTION NO. 6402
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Lease between the City
of Lubbock and KPL, Inc., and related documents. Said lease is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
487
Regular City Council Meeting
June 24, 1999
Page 488
Passed by City Council this 24th day of June, 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/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of Lease Agreement is filed with Resolution No. 6402.
This lease agreement is for Larry Simmons of KPL, Inc. to lease
approximately 42 spaces of the City Health Department parking lot at the
southwest corner of 19th Street and Texas Avenue. Additional parking
per zoning requirements is needed for customers of the club during the
evening and nighttime hours. This lease is for one year, and the City
will receive $157.50 per month for this lease. This has been calculated
as follows: $15 per space (typical monthly downtown parking lot space —
rental rate) x 44 spaces = $630. Only on 15 days of the month will
parking occur on these spaces and they will be leased only 12 hours a
day maximum. Therefore, $630 x 1/2 month x 1/2 day = $157.50 due the
City per month.
The Right -of -Way Department recommended the approval of this lease.
(22.) Resolution No. 6403 authorizing the Mayor to execute a lease
agreement with Purina Mills, Inc. for a Street Department stack lot
(201 East Municipal Drive).
RESOLUTION NO. 6403
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a lease agreement for a
tract of land to be used as a stack lot for street department dirt, by and between the City
of Lubbock and Purina Mills, Inc. 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.
Regular City Council Meeting
June 24, 1999
Page 489
Passed by City Council this 24th day of June, 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/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Lease Agreement is filed with Resolution No. 6403.
This lease agreement with Purina allows the City's Street Department to
have a dirt stack lot at northeast corner of East Municipal Drive and
North Ash Avenue. Recently, the Street Department took dirt from the
west side of the City Garage and stacked it with Purina's permission on
this property Purina owns. Purina has now requested a formal lease for
use of their property. This lease will be for two years, and the City will
pay $100 per month for the lease.
The Right -of -Way Department recommended the approval of this lease.
(23.) Resolution No. 6404 authorizing the Mayor to add three amendments
to a street -use license with Scott Elkins for three outdoor food carts
(816 Main, 914 Main, and 1220 Texas Avenue).
RESOLUTION NO. 6404
WHEREAS, Scott Elkins, of Lubbock, Texas (herein called "Licensee") and the
City of Lubbock (herein called "Licensor") entered into a Street Use License
Agreement which is dated December 16, 1998, and is recorded as Resolution 6129 in
the City of Lubbock Secretary's minutes for the purpose of Licensee to operate four
outdoor food carts in dedicated public street areas as therein described, said Street Use
License is incorporated by reference into this Resolution as if written in detail in this
place; and
WHEREAS, said Licensee has requested the Licensor for amendments to the
terms of said Street Use License to cover three additional tracts of land (which are also
parts of a dedicated public streets) to be used for the purposes hereinafter set forth; and
WHEREAS, Licensor after consideration of the matter finds such request will
not discommode the public in the use of said dedicated public street and such request
should be granted as hereinafter set forth; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Regular City Council Meeting
June 24, 1999
Page 490
SECTION 1. THAT in addition to the existing tracts of land already licensed to
the Licensee for the operation of outdoor food carts the following additional tracts are
added by this amendment to said Street Use License as additional tracts of land licensed
to Licensee for the purposes as hereinafter stated:
TRACT 1
A 6-foot by 8-foot area directly South of Lot 6, Block 105, Original Town
Addition to the City of Lubbock, being in the North right-of-way of Main
Street.
Said additional Tract 1 is to be used by Licensee for the operation of an outdoor
food cart.
TRACT 2
A 6-foot by 8-foot area directing South of Lot 7, Block 104, Original Town
Addition to the City of Lubbock, being in the North right-of-way of Main
Street.
Said additional Tract 2 is to be used by Licensee for the operation of an outdoor
food cart.
TRACT 3
A 6-foot by 8-foot area directly of East of Lot 11, Block 119, Original Town
Addition to the City of Lubbock, being in the West right-of-way of Texas
Avenue.
Said additional Tract 3 is to be used by the Licensee for the operation of an
outdoor food cart.
SECTION 2. THAT by Licensee's payment to Licensor of the additional sum
of TWO HUNDRED SEVENTY-ONE and 80/100 DOLLARS ($271.80), and
acceptance of said additional consideration by Licensor as additional compensation for
the licensing of said three additional tracts (being parts of a dedicated street as
hereinabove stated), Licensee accepts all the terms of the existing Street Use License as
applying to the three additional tracts of land hereby licensed to Licensee. Such
acceptance by Licensee of the terms of said Street Use License as applying to said three
additional tracts of land is further made by Licensee by operating three outdoor food
carts as aforesaid. The term of three Street Use License shall terminate at the same time
as originally provided in said Street Use License Agreement.
SECTION 3. THAT except as hereby amended, the terms of said Street Use
License shall remain the same, and as hereby amended is hereby ratified and confirmed
by Licensor by passage of this Resolution and by Licensee's acceptance of the terms of
this Resolution as aforesaid.
.E
Regular City Council Meeting
June 24, 1999
Page 491
Passed by City Council this 24th day of June, 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
On December 16, 1998, the City Council approved a street -use license
with Scott Elkins to allow him to place outdoor food carts in four
locations in the Depot District. He is now requesting an amendment to
this street -use license to allow him to have three additional locations for
outdoor food carts. The locations will be at 816 Main, or just south of
Lot 6, Block 105, Original Town Addition; 914 Main, or just south of
Lot 7, Block 104, Original Town Addition; and 1220 Texas Avenue, just
east of Lot 11, Block 119 Original Town Addition. He has visited with
the abutting property owners and has their approval. The additional cost
per year for all three carts will be $60.40 or $271.80 for the remaining
four and one-half year term of the original five year street -use license
term.
The Right -of -Way Department recommended the approval of this
resolution.
(24.) Resolution No. 6405 authorizing the Mayor to execute Change Order
No. I to the 1999 Thoroughfare Street Maintenance Contract.
RESOLUTION NO. 6405
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Change Order No. 1 to
1999 Thoroughfare Street Maintenance Program Contract, attached herewith, by and
between the City of Lubbock and Ronald Wagner Construction, and any associated
documents, which agreement shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
491
Regular City Council Meeting
June 24, 1999
Page 492
Passed by City Council this 24th day of June, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, Street Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of Change Order No. 1 is filed with Resolution No. 6405.
The one-half mile of 66th Street between Iola Avenue and the old city
limits at Milwaukee Avenue is only 21 feet wide and ties into the old
county road of 25 feet in width with a traffic count of 2,197 per day.
Upland Avenue from the Brownfield Highway to the newly widened
82nd Street is currently only 20.5 feet wide in spots and has a traffic
count of 4,413 per day. Both are in serious need of widening.
The increase would not necessitate the addition of any working days to
the contract.
The funding for this change order would come from a Streets/Drainage
Department account allocated for strip paving of thoroughfares.
This change order represents a 22.3 % increase to the 1999 Thoroughfare
Street Maintenance Program.
Original Amount of Contract $ 828,537.60
Amount Increased by Change Order No. 1 184, 987.12
New Contract Total $1,013,524.72
Because 66th Street and Upland Avenue are in serious need of widening,
the Street Department recommended the approval of Change Order
No. 1, increasing the contract amount by $184,987.12.
(25.) Resolution No. 6406 authorizing the City Council to approve the
recommendation of the Parks and Recreation Board regarding use of in -
kind services by City of Lubbock Departments for special event support
at the Lubbock Centro Aztlan Menudazo Festival.
492
Regular City Council Meeting
June 24, 1999
Page 493
RESOLUTION NO.6406
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, for special event support at the
Lubbock Centro Aztlan Menudazo Festival in the amount of Three Hundred Two and
64/100 Dollars ($302.64) and all associated documents.
Passed by City Council this 24th day of June, 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
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.
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 Park 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 243 possible points
493
Regular City Council Meeting
June 24, 1999
Page 494
on the subjective section and an additional 250 possible points on the
objective section of the application with a possible 493 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 May 25, 1999 the Parks and Recreation Board approved the aggregate
scoring of the Menudazo application. The Parks and Recreation Board
recommended the following Special Event Application for in -kind services:
IN -KIND IN -KIND PERCENT
EVENT REQUESTED GRANTED RECEIVED
Menudazo $388 $302.64 78 %
To date, there has been a total of $84,404.09 of in -kind services granted.
If the Menudazo Festival is granted the $302.64, there will be a balance
of $95,293.27 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.
Staff recommended approving the Lubbock Centro Atzlan Menudazo
Festival for the in -kind services to be provided through the Special
Events Policy adopted by City Council.
(26.) Resolution No. 6407 authorizing the Parks Development Department to
apply for a matching grant of up to $500,000 from the Texas Recreation
and Parks Account Program.
RESOLUTION NO. 6407
WHEREAS, the City of Lubbock, Texas, hereinafter referred to as "City",
desires to designate certain officials as being responsible for, acting for, and on behalf
of the "City' in dealing with the Texas Parks and Wildlife Department, hereinafter
referred to as "Department", for the purpose of participating in the Texas Recreation
and Parks Account Grant Program, hereinafter referred to as the "Program"; and
WHEREAS, the City certifies that the City matching share is readily available,
and dedicating the proposed site for permanent public park and recreational uses; and
WHEREAS, the Texas Legislature has approved the Program (Section 24 of the
Parks and Wildlife Code) for the purpose of allowing the political subdivisions of the
State of Texas to participate in the Program; and
WHEREAS, the City is fully eligible to receive assistance under the Program;
and
WHEREAS, the City is desirous of authorizing an officials to represent and act
for the City in dealing with the Department concerning the Program;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
Section 1: That the City hereby certifies that they are eligible to receive assistance
under the Program.
Section 2: That the City hereby certifies that the matching share for this application
is readily available at this time.
Regular City Council Meeting
June 24, 1999
Page 495
Section 3: That the City hereby authorizes and directs its Director of Civic Services
to act for the City in dealing with the Department for the purpose of the
Program, and Director of Civic Services is hereby officially designated
as the representative this regard.
Section 4: The City hereby specifically authorizes the official to make application to
the Department concerning the site to be known as Horizon West - West
Wind Neighborhood Park in the City of Lubbock for use as a park site.
That Horizon West - West Wind Neighborhood Park is hereby dedicated
(or will be dedicated upon completion of the purposed acquisition) for
public park and reaction purposes in perpetuity.
Passed by City Council this 24th day of June, 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
The Texas Legislature, through Section 24 of the Parks and Wildlife
Code, has established the Texas Recreation and Parks Account Program,
whereby local governments compete for matching funds to develop parks
and recreation facilities. Applications for matching funds up to $500,000
are due July 31, 1999.
The Park Development Department is preparing a proposal in an attempt
to secure these grant funds to assist in developing a neighborhood park
of at least 8.5 acres that will serve the Horizon West and West Wind
neighborhoods located in the northwest quadrant of the city. A capital
project has been approved for $300,000 to begin the development. In
addition, staff has proposed an additional $398,000 pending the
September 18th bond election. If the bond election fails, the maximum
match that the City could receive is $300,000.
The application will be bolstered by the Five -Year Priority Plan of
Anticipated Park Needs which was passed by Resolution 6300 on
May 13, 1999. The new park will encompass many of the categorized
priorities by providing a new parkland, development including irrigation
and security lighting, playground, trees, benches, walking trail, picnic
facilities, and drinking fountains. The grant proposal is an attempt to
maximize available resources for development and supply of recreational
activities that would otherwise be delayed pending future funding.
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Regular City Council Meeting
June 24, 1999
Page 496
Staff recommended that Council pass the resolution authorizing the Parks
Development Department to apply for a matching grant of up to
$500,000 from the Texas Recreation and Parks Account Program.
(27.) Resolution No. 6408 authorizing the establishment of a Matching
Fund Policy for Parks Capital Projects.
RESOLUTION NO. 6408
WHEREAS, the City Council recognizes a growing desire for various park
amenities to be located at park sites throughout the City; and
WHEREAS, Limited funds are available to meet the needs in time frames
desired by citizens consequently staff has developed a Matching Fund Policy for
consideration; and
WHEREAS, it is the desire of the City Council to provide a means for various
civic groups or individuals to accelerate construction of desired park amenities on
specific parks in a quicker time frame than that specified in the prioritized capital
project schedule; and
WHEREAS, the City Council believes that the projects will provide a balanced
mix and variety of park and recreation opportunities, maximize the use of funds and
improve cooperative efforts between park and recreation providers, neighborhood
associations and other civic groups or individuals in the community; and
WHEREAS, the City Council therefore believes that the establishment of a
Matching Fund Policy for Parks Capital Projects would be in the best interests of the
citizens of this city.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT a Matching Fund Policy for Parks Capital Projects is hereby established
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 24th day of June, 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/ John M. Knight
John M. Knight
Assistant City Attorney
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Regular City Council Meeting
June 24, 1999
Page 497
A copy of the Matching Fund Policy is filed with Resolution No. 6408.
OBJECTIVE
There is a growing desire for various park amenities to be located at park
sites throughout the city. Limited funds are available to meet the needs
in time frames desired by citizens. With this in mind, staff has
developed a matching fund policy.
The intent of the policy is to provide a means for various civic groups or
individuals to accelerate construction of desired park amenities on
specific parks. Staff surveyed several parks and recreation departments
and determined there were no other cities that had a matching fund
policy for capital improvements. However, the City of Richardson did
have a matching fund program for beautification, similar to an adopt -a -
spot program.
Priorities and time frames for park improvements have been determined
for each park based on a grading system developed by the Park
Development staff and approved by the City Council. Typical capital
project requests for park development will follow the priorities identified
by the grading system. This program will enable the public to have an
opportunity to accelerate the development of various park amenities with
lower priorities by providing 50 % of the total project cost. Only those
projects included in the list of core amenities within the grading system
will be eligible for matching funds. Project requests that are not
included in the core list of amenities will need to be funded by the
requesting sponsor at 100 % of the proposed project cost.
The City Council can provide 50% matching funds, pending available
funds, for the development of parks and recreation areas and facilities.
The match can include anything that has to be purchased. Any
component of the project that is donated or produced at no expense,
whether it is through the efforts of the requesting organization or the
City, that will reduce the total cost of the project can be used as the
matching portion of the project. Any project or improvement made upon
the park site shall become the property of the City of Lubbock and must
be of compatible quality with other park amenities within the park
system. The sponsor shall not be entitled to any proprietary right or
privilege.
PROCESS
The matching funds should come from the Parks Capital Project fund
currently budgeted on an annual basis at $775,000. Applications will be
due prior to January 31st each year, allowing staff time to review the
request and determine the maintenance impact prior to completing
departmental capital project requests. Staff will then present
recommendations to Senior Management, Parks and Recreation Board
and City Council for final approval.
Staff recommended approval of the proposed policy. The projects, if
funded by private contributions, will provide a balanced mix and variety
of park and recreation opportunities, maximize the use of funds and
improve cooperative efforts between park and recreation providers,
neighborhood associations and other civic groups in the community.
(28.) Resolution No. 6409 authorizing application for a Texas Forest
Service Urban Forestry Partnership Grant.
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Regular City Council Meeting
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Page 498
RESOLUTION NO. 6409
WHEREAS, the Texas Forest Services has established an Urban Forestry
Partnership Grant Program, the goal of which is to develop long-range urban forestry
programs in communities across Texas; and
WHEREAS, the stated purpose of the program is to support new initiatives, to
expand existing programs, and or foster activities that would not occur without grant
funds. Types of projects eligible for funding include Program Development,
Information and Education, and Demonstration or Site -Specific Projects; and
WHEREAS, citizen surveys conducted in 1998 rated trees as high priority for
parks. Residents often express interest in donating trees for park planting; and
WHEREAS, excellent general reference materials for trees are available
however, these materials do not address conditions encountered in Lubbock and rarely
provide adequate graphic representation of trees that are best suited for planting in
Lubbock; and
WHEREAS, the City Council desires to apply grant funds to develop reference
materials specific to parks and the Lubbock area.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Parks and Recreation Department is hereby authorized to apply to the
Texas Forest Service for an Urban Forestry Partnership Grant 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 24th day of June, 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/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Grant is filed with Resolution No. 6409.
The Texas Forest Service is providing an Urban Forestry Partnership Grant
Program. The goal of the program is to develop long-range urban forestry
programs in communities across Texas. Types of projects eligible for
funding include:
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Regular City Council Meeting
June 24, 1999
Page 499
• Program Development
• Information and Education
• Demonstration or Site -Specific Projects
The focus of the program is to support new initiatives, to expand existing
programs, and/or foster activities that would not occur without grant funds.
Grants are awarded and paid on a 50150 matching basis for the total cost of
the project. These awards are distributed as reimbursement for eligible
project expenditures. Grants range from a minimum of $1,000 to a
maximum of $10,000. Grant funds are awarded on a competitive basis to
eligible communities and organizations and are administered by the Texas
Forest Service.
Citizen surveys conducted in 1998 rated trees as a high priority for parks.
Residents have a heightened interest in donating trees for park planting and
occasionally are interested in specific types of trees that are not suitable for
Lubbock's climate or park soils. While excellent reference materials are
available for general information, these materials do not address conditions
encountered in Lubbock and rarely provide adequate graphic representation
of trees that are best suited for planting in Lubbock.
Staff requested authorization to apply for the matching grant and develop
reference materials specific to parks and the Lubbock area. A reference of
this type will provide information about and photographic depictions of trees
best suited to this area's climate and soils. Staff estimates the cost for
development and printing 30,000 copies of this reference at $20,000. The
city's net cost after receipt of matching funds from the Urban Forestry
Partnership Grant Program will be $10,000. Funding from the City's
portion of the project will be comprised of in -kind services from Park staff,
volunteer efforts from Keep Lubbock Beautiful, and funds from the Parks
Capital Tree Planting Project Fund.
Staff recommended authorization be granted to apply for the Urban Forestry
Partnership grant to develop reference materials for tree planting in the
Lubbock area. The materials will provide a guide listing approximately 20
to 25 trees best suited to this area and show photographs of the trees in parks
or other local settings. The publication will be available for distribution to
interested donors, neighborhood organizations, public service organizations,
and local tree nurseries as a reference and pictorial guide of trees best suited
to local urban environments.
(29.) Resolution No. 6410 authorizing acceptance of water and sanitary
sewer improvements for Lots 1-10, Heron Development to the City of
Lubbock, Lubbock County, Texas.
RESOLUTION NO. 6410
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR LOTS 1-10, HERON DEVELOPMENT,TO THE CITY OF
- LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1-10, Heron Development to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water
and sanitary sewer improvements for said Addition; and
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Regular City Council Meeting
June 24, 1999
Page 500
WHEREAS, the total utility cost to the developer is $ 80,313.19 with the
improvements constructed by Utility Contractors of America, having a value of
$74,541.25 as determined by the unit prices established by said Chapter 28, and
$5,771.94 cash paid to the City, which amount includes $ 3,431.11 cash for adjacent
lines, with Heron Land Company the developer, to receive a refund of 32,435.36 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $ 0.00.
WHEREAS, the construction of the said water and sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $32,435.36 be made
in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by City Council this 24th day of June, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Water Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total
cost of the improvements is $80,313.19 with a value of $74,541.25 as
determined by the unit prices established by Chapter 28 of the Code of
Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is
$5,771.94, which includes $3,431.11 for adjacent mains. The
developer, Heron Land Company, will receive a refund of $32,435.36 in
accordance with Chapter 28. There is no refund deposit.
The subdivision is located at Genoa Avenue and Spur 327.
Staff recommended acceptance of the improvements.
Regular City Council Meeting
June 24, 1999
Page 501
(30.) Consider a resolution authorizing the Mayor to execute Addendum
No. 4 to Airline Lease Agreement between the City of Lubbock and
Southwest Airlines Co.
This item was deleted.
(31.) Resolution No. 6411 authorizing the Mayor to execute an amendment
to the fuel contract currently between the City Of Lubbock and
McLain Oil.
RESOLUTION NO. 6411
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 Contract Amendment
between the City of Lubbock and McLain Oil Company, and any other related
documents. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by City Council this 24th day of June, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
—" APPROVED AS TO CONTENT:
/s/ Anna Mosqueda
Anna Mosqueda, Director
of Management Services
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Contract is filed with Resolution No. 6411.
This amendment is to a contract that was approved by the City Council
on August 28, 1997. As a part of the on -going effort to improve fleet
maintenance operations, the Fleet Services Department is proposing
amending the contract currently in place with McLain Oil for the
purchase of gasoline and diesel bulk fuel. The amendments will include
the following:
1) The addition of providing fuel service to the multiple generators
sites along with providing pricing for the refueling service
currently not in place as listed in Article I.
2) The vendor has established that the City Of Lubbock will have
the highest priority available from the vendor for fuel support in
an emergency situation as listed in Article III.
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Regular City Council Meeting
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Page 502
Staff recommended approval.
(32.) Resolution No. 6412 authorizing the Mayor to execute an amendment
to the fuel contract currently between the City Of Lubbock and
Benton Oil.
RESOLUTION NO. 6412
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 Contract Amendment
between the City of Lubbock and Benton Oil Company, and any other related
documents. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by City Council this 24th day of June, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Anna Mosqueda
Anna Mosqueda, Director
of Management Services
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Contract is filed with Resolution No. 6412.
This amendment is to a contract that was approved by the City Council
on August 28, 1997. As a part of the on -going effort to improve fleet
maintenance operations, the Fleet Services Department is proposing
amending the contract currently in place with Benton Oil for the
purchase of gasoline and diesel fuel. The amendments will include the
following:
1) Y2K statement from the vendor as listed in Article III, Exhibit B.
2) The vendor has established that the City Of Lubbock will have
the highest priority available from the vendor for fuel support in
an emergency situation as listed in Article I, Exhibit A.
Staff recommended approval.
(33.) Consider a resolution authorizing the Mayor to execute a grazing and
cropping agreement with Todd Lockaby.
This item was deleted.
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Regular City Council Meeting
June 24, 1999
Page 503
(34.) Resolution No. 6413 authorizing the Mayor to execute a contract for
farming service and sale of goods with David Wied and Keith Wied.
RESOLUTION NO. 6413
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 Farming
Services and Sale of Goods between the City of Lubbock and David Wied and Keith
Wied of Lubbock, Texas, and any other 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 24th day of June, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Managing
Director of Water Utilities
APPROVED AS TO FORM:
/s/ Richard Casner
Richard Casner, Natural
Resources Attorney
A copy of the Contract is filed with Resolution No. 6413.
David Wied and Keith Wied were tenant farmers on the Hancock Land
Application Site (HLAS) while the site was under the ownership of
Lubbock Christian University (LCU). The City of Lubbock purchased
the site on April 15, 1999. The contract authorizing the purchase of the
HLAS allowed for Lubbock to consider buying out any existing tenant
farmers. This contract for farming service and sale of goods will allow
Lubbock to render payment for services performed by the Wieds for
Lubbock and to purchase approved improvements from them made by
the Wieds during their term of operation under LCU. Although the
contract was included in Council backup, the exhibits were not attached
due to the fact that they are fairly lengthy.
Staff recommended that the contract for farming service and sale of
goods be approved.
(35.) Consider a resolution authorizing the Mayor to execute a
Memorandum of Understanding relating to the provision of power to
the Lubbock Reese Redevelopment Authority (LRRA) and ownership
of the transmission facilities upon LRRA property.
This item was deleted.
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Regular City Council Meeting
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Page 504
(35A.) Resolution No. 6414 authorizing the Mayor to amend the contract
between the City of Lubbock and Market Lubbock, Inc. for the
Convention and Visitors Bureau for the Music Crossroads of Texas -
West Texas Style Rock-n-Roll Festival.
RESOLUTION NO. 6414
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment to the
Agreement between the City of Lubbock and Market Lubbock, Inc., for the Convention
& Visitor's for the Music Crossroads of Texas - West Texas Style Rock-n-Roll Festival
and all related documents. Said amendment is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by City Council this 24th day of June, 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 the Amendment to the Agreement is filed with Resolution No. 6414.
This agreement will amend the Convention and Visitors Bureau (CVB)
request for $30,000 for the Music Crossroads of Texas - West Texas
Style Rock-n-Roll Festival. The Lubbock CVB is coordinating a top -
rated 1950's era rock-n-roll entertainment act for the residents and
visitors in the Lubbock Community to promote this event in conjunction
with the grand opening of the Buddy Holly Center. The funds will be
used to conduct the event and not for any particular act.
From a legal standpoint, Section 351.101(a)(5) of the Tax Code provides
that revenue for the Municipal Hotel Occupancy Tax may be expended
toward projects located in a municipality that will be frequented by
tourists, convention delegates or other visitors to a municipality. With
this in mind, the Lubbock CVB is requesting funding to cover expenses
of the Music Festival.
If approved, the Lubbock CVB will be responsible for executing the
contract with any performers for this event and providing appropriate
payments to them in a timely manner. They will also handle any other
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Regular City Council Meeting
June 24, 1999
Page 505
arrangements, i.e. travel, lodging, transportation, etc., for the
performers for the festival. The Lubbock CVB agrees that the sole
purpose of this funding is for the Rock-n-Roll Music Festival.
Staff recommended that Council authorize the Mayor to amend the
agreement between the City of Lubbock and Market Lubbock, Inc. for
the Convention and Visitor's Bureau for the Rock-n-Roll Music Festival.
(36.) Resolution No. 6415/Bid #99038—Lubbock Civic Center Fire Code
Upgrade (Facilities Management)
RESOLUTION NO. 6415
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 to install and
furnish all materials and services as bid for the Lubbock Civic Center Fire Code
Upgrade, between the City of Lubbock and Grinnell Fire Protection, and related
documents. Said contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by City Council this 24th day of June, 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 24th day of June, 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 Grinnell Fire Protection, of the City of Lubbock, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
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Regular City Council Meeting
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Page 506
BID #99038 - LUBBOCK CIVIC CENTER FIRE CODE UPGRADE - $183,219.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Grinnell Fire Protection
Bv: /s/ Rick Sosebee
PRINTED NAME: Rick Sosebee
TITLE: District General Manager
COMPLETE ADDRESS:
Grinnell Fire Protection
1725 North Nashville
Lubbock, Texas 79415
This project involves the installation of a new fire alarm system and a
fire sprinkler system in the pedestrian mall at the Civic Center.
The Building Capital Outlay -Civic Center Fire Code Upgrade budget
amount is $208,000. The low bid is $183,219 from Grinnell Fire
Protection Systems of Lubbock, Texas.
(37.) Bid #99090--Lubbock Power & Light Steel and Concrete Pole
Fabrication (Electric Distribution)
This bid is for the purchase of steel and concrete poles for a 230 kV volt
transmission line to Southwestern Public Service Company's substation.
The transmission line is part of a capital project involving the installation
of a new Plains Co-op substation located at East 42nd Street and Guava
Avenue. This substation will provide increased distribution capacity to
industrial loads in this area and will provide a third 230 kV transmission
interconnection with Southwestern Public Service Company.
Regular City Council Meeting
June 24, 1999
Page 507
The project will provide additional capacity, reliability and security to
LP&L transmission system.
The System Capital Outlay -Plains Co-op Substation budget amount is
$150,000. The low bid is $149,687 from Thomas & Betts Corporation
of Memphis, Tennessee.
(38.) Resolution No. 6416Bid #99099—Roof Replacement, City of
Lubbock Municipal Building (Facilities Management)
RESOLUTION NO. 6416
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 to install and
furnish all materials and services as bid for the Roof Replacement, City of Lubbock
Municipal Building, between the City of Lubbock and American Contracting USA, and
related documents. Said contract is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by City Council this 24th day of June, 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 24th day of June, 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 American Contracting USA, of the City of Rio Hondo, County of
Cameron, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of th
e
and under the
(if any) the
complete the
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Page 508
BID #99099 - ROOF REPLACEMENT CITY OF LUBBOCK MUNICIPAL
BUILDING - $418,000.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Leticia Barcenas
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
American Contracting USA
By: /s/ Leo Aguilar
PRINTED NAME: Leonel Aguilar
TITLE: General Manager
COMPLETE ADDRESS:
American Contracting USA
1606 South Reynolds
Rio Hondo, Texas 78583
This project involves the replacement of the Municipal Building roof.
The Building Capital Outlay -Facilities Re -roofing budget amount is
$763,000. The low bid is $418,000 from American Contracting USA of
Rio Hondo, Texas.
(39.) Resolution No. 6417/Bid #99105—Municipal Square Building
Renovation, Phase I (Facilities Management)
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Page 509
RESOLUTION NO. 6417
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 to install and
furnish all materials and services as bid for the Municipal Square Building Renovation -
Phase I, between the City of Lubbock and Knox, Gailey & Meador, Inc., and related
documents. Said contract is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by City Council this 24th day of June, 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 24th day of June, 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 Knox, Gailey & Meador, 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 #99105 - MUNICIPAL SQUARE BUILDING RENOVATION, PHASE I -
$248,519.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
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June 24, 1999
Page 510
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Knox, Gailey & Meador, Inc.
By: /s/ Don Meador
PRINTED NAME: Don Meador
TITLE: Secretary/Treasurer
COMPLETE ADDRESS:
Knox, Gailey & Meador, Inc.
P. O. Box 5736
Lubbock, Texas 79408
This project involves the renovation of Traffic Engineering offices on the
second floor of Municipal Square. The Building Capital Outlay -Police
Square Renovation budget amount for this project is $250,000. The low
bid is $248,519 from Knox, Gailey and Meador, Inc. of Lubbock,
Texas.
(40.) Resolution No. 6418/Bid #99106—City of Lubbock Reese Center
Police Academy Renovation (Facilities Management)
RESOLUTION NO. 6418
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 to install and
furnish all materials and services as bid for the City of Lubbock Reese Center Police
Academy Renovation, between the City of Lubbock and Lubbock Building Services,
Inc., 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 511
Passed by City Council this 24th day of June, 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 24th day of June, 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
hereinafter mentioned, to be made and performed by
conditions expressed in the bond bearing even d
CONTRACTOR hereby agrees with OWNER to c
o
and under the
(if any) the
complete the
BID #99106 - CITY OF LUBBOCK REESE CENTER POLICE ACADEMY
RENOVATION - $186,730.00
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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June 24, 1999
Page 512
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.
14302 South Slide, Buite B
Lubbock, Texas 79424
This project involves the renovation of Building 76 at Reese Center. The
Police Academy will occupy this facility. The Building Capital Outlay -
Police Academy budget amount is $265,000. The low bid is $186,730
from Lubbock Building Services of Lubbock, Texas.
(41.) Bid #99107--Lubbock Power & Light Guava Avenue Substation
Equipment (Electric Distribution)
This bid is to purchase the steel structure, bus work, air switches,
arresters and potential transformers to needed to build a new Plains
Co-op substation located at East 42nd Street and Guava Avenue. This
substation will provide increased distribution capacity to industrial loads
in this area and will provide a third 230 kV transmission interconnection
with Southwestern Public Service Company. The project will provide
additional capacity, reliability and security to LP&L transmission
system.
The System Capital Outlay -Plains Co-op Substation budget amount for
this item is $400,000. The low bid is $371,100 from Power Substations,
Inc. of Cleveland, Ohio.
(42.) Resolution No. 6419/Bid #99114—Renovate Flight Standards District
Office, Lubbock International Airport (Aviation)
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Page 513
RESOLUTION NO.6419
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 to install and
furnish all materials and services as bid for the Renovate Flight Standards District
Office, Lubbock International Airport, between the City of Lubbock and Art Cuevas
Construction, and related documents. Said contract is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the
City Council.
Passed by City Council this 24th day of June, 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 24th day of June, 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 Art Cuevas Construction, of the City of Lubbock, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of th
hereinafter mentioned, to be made and performed by
conditions expressed in the bond bearing even d
CONTRACTOR hereby agrees with OWNER to c
o
and under the
(if any) the
complete the
BID #99114 - RENOVATE FLIGHT STANDARDS DISTRICT OFFICE, LUBBOCK
INTERNATIONAL AIRPORT - $164,934.16
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
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June 24, 1999
Page 514
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Art Cuevas Construction
Bv: /s/ Art Cuevas
PRINTED NAME: Art Cuevas
TITLE: President
COMPLETE ADDRESS:
Art Cuevas Construction
7406 83rd Street
Lubbock, Texas 79424
This project involves the renovation of the Flight Standards District
Office (FSDO) space at the Lubbock International Airport old terminal
building. The project was initiated as a result of contract negotiations
with FSDO. FSDO is an airport tenant and a division of the Federal
Aviation Administration. The tenant will pay increased rent for the
remodeled space resulting in additional revenue for the airport.
The FSDO Building Renovation budget amount is $212,000. The low
bid is $164,934.16 from Art Cuevas Construction of Lubbock, Texas.
(43.) Resolution No. 6420Bid #99119—Lubbock Business Center
Mezzanine Renovation (Facilities Management)
RESOLUTION NO. 6420
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 to install and
furnish all materials and services as bid for the Lubbock Business Center Mezzanine
Renovation, between the City of Lubbock and Lubbock Building Services, Inc., 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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June 24, 1999
Page 515
Passed by City Council this 24th day of June, 1999.
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
/s/ WINDY SITTON
WINDY SITTON, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 24th day of June, 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 #99119 - LUBBOCK BUSINESS CENTER MEZZANINE RENOVATION -
$69,734.00
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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June 24, 1999
Page 516
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.
14302 South Slide, Suite B
Lubbock, Texas 79424
This project involves the renovation of the east end of the mezzanine at
the Lubbock Business Center for LP&L Administration. A storefront
window system will be installed that will eliminate noise between the
LP&L offices and the Lubbock Chambers. This project includes a new
Heating, Ventilating, and Air Conditioning system to handle the
renovated office areas.
The Building Capital Outlay - LBC Mezzanine Renovation budget
amount is $70,000. The low bid is $69,734 from Lubbock Building
Services of Lubbock, Texas.
(44.) Bid #99126--Motor Truck Cab and Chassis (Fleet Services)
This bid is for the purchase of six motor truck cab and chassis to
accommodate sideloader packer bodies for the Solid Waste Department.
Bids were received from only one company and included pricing for both
immediate delivery and 6-8 month delivery to the body manufacturer. A
long delivery will result in additional maintenance costs for the old
vehicles being replaced and could have a negative impact on Solid Waste
operations. Therefore, staff recommended the purchase of cab and
chassis with immediate delivery.
The Equipment Capital Outlay -Heavy Moveable budget amount for this
item is $530,000. The recommended bid is $525,900 from Bruckners
Truck Sales, Inc. of Lubbock, Texas.
(45.) Bid #99130--Engine Oils and Lubricants, Annual Pricing (Fleet
Services)
This bid establishes annual pricing for engine oils, lubricants, and related
dispensing system. Engine oils and lubricants are used to maintain city
vehicles and equipment. The dispensing system will provide storage for
bulk product and the will allow the distribution of product to various fill
stations located in the Fleet Services facility.
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Page 517
The Internal Service Operations budget amount for this item is $60,000.
The low bid is $57,283.65 from Western Marketing, Inc. of Lubbock,
Texas.
(46.) Bid #99133-4500 Copper Cable (Central Warehouse)
This bid is for the purchase of 7,500 feet of #500 copper cable used by
Lubbock Power and Light for various underground electric distribution
projects. The Underground Distribution budget amount is $27,500. The
low bid is $27,397.50 from Temple, Inc. of Lubbock, Texas.
(47.) Bid #99149--Continuous Emissions Monitoring System and Data
Acquisition System (Electric Production)
This bid is for the Y2K upgrade of the continuous emissions monitoring
system and data acquisition at Holly units 1 and 2 to meet new EPA
requirements.
The Electric Production Operations -Continuous Emissions Monitoring
System budget amount is $28,000. The bid amount is $27,498 from
Monitor Labs, Inc. of Englewood, Colorado.
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
SECOND READING ORDINANCES
(48.) Ordinance No. 10164 - Zone Case No. 2844 (4424 35th Street):
Request of Dan Wood for zoning change from R-2 to C-4 limited to
an automotive repair shop on Lot 16 and the east 92.5 feet of Lot 15,
Block 1, College Heights Addition (second and final reading).
ORDINANCE NO. 10164
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2844; A ZONING CHANGE FROM R-2 TO C-4
ZONING LIMITED TO AN AUTOMOTIVE REPAIR SHOP ON LOT 16 AND THE
EAST 92.5 FEET OF LOT 15, BLOCK 1, COLLEGE HEIGHTS ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass on second and final reading Ordinance No.
10164 as recommended by staff. Motion carried: 5 Yeas, 2 Nays.
Mayor Sitton and Councilmember Nelson voted Nay.
PUBLIC HEARINGS
(49.) Ordinance No. 10171/Zone Case No. 2846 (south of 82nd Street and
west of Quincy): Request of S. A. Carley (for Word Aflame Church)
for a zoning change from T to A-2 limited to a church and church
related uses on 4.89 acres of land out of Section 27, Block AK (first
reading).
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Regular City Council Meeting
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Page 518
ORDINANCE NO. 10171
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2846; A ZONING CHANGE FROM T TO A-2
ZONING LIMITED TO CHURCH RELATED USES ON 4.89 ACRES OF LAND
OUT OF SECTION 27, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:45 a. in. S. A. Carley
appeared on behalf of Word Aflame Church. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:46 a. in.
The property requested for church zoning is on 82nd Street adjacent to
Quincy. Adjacent land uses:
North - commercial;
South - residential;
East - vacant; and
West - church.
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policy. The proposal should have no effect on traffic.
The Planning and Zoning Commission recommended approval of the
request subject to the following condition:
Limited to a church and church related uses.
Randy Henson, Senior Planner, presented staff comments.
Staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 10171
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(50.) Zone Case No. 1977-F (north of 73rd Street and west of Slide):
Request of Hugo Reed and Associates (for BenCor
Development/Properties) for a zoning change from GO to C-2A tied
to a site plan on 2.02 acres of land out of Section 27, Block E-2, and
to consider ordinance.
Mayor Sitton opened the public hearing at 11:47 a. in. Terry Holman of
Hugo Reed and Associates appeared on behalf of BenCor Development.
Appearing in favor of the zone change were Ray Wolkowski of BenCor
Development, David Langston, Sonny Arnold, and Willie McCormick.
Charles Reed, Deborah Perry, Mike Lovinger, and Ruth Briscoe
appeared in opposition. Mayor Sitton closed the hearing at 12:58 p. in.
The proposal is construction of a building for Walgreen's that is tied to a
site plan. The zoning requested is C2A. Adjacent land uses:
North - zoned GO - vacant;
South - single family;
East - single family; and
West - single family.
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June 24, 1999
Page 519
The proposal does not conform with the Comprehensive Land Use Plan.
The current Plan continues to illustrate residential. The existing zoning
on the parcel is Garden Office, which does not specifically conform with
the residential status of the Comprehensive Plan, but Garden Office is
listed as a buffer district in the Plan, meaning that the district is intended
to be located between residential and commercial. At this location, there
is not currently any commercial from which the adjacent residential
needs to be buffered.
Zoning policy does not promote commercial use away from major
thoroughfare intersections, although it is obvious that the policy has not
held completely along Slide Road from 66th to 82nd Streets.
Several area residents expressed concern about increased traffic. 73rd
Street has a "collector" designation and carries a lot of traffic to and
from Slide Road. Traffic issues exist now, and the increase of
Walgreen's versus the professional office potential is probably about the
same depending on the occupants of the offices.
During visits with the proponents prior to the hearing, the Planning staff
indicated that they would be given an opportunity to convince adjacent
owners of the benefit of the proposed use. The mailed returns from the
200-foot notice area were approximately eleven in favor of the request
and eight in opposition. Of the eleven in favor, four are from east of
Slide Road. Responses from outside the notice area seem to be four in
favor, three in opposition. The response form was photocopied and
several apparent tenants signed, which creates some confusion for the
actual counts. Several adjacent residents spoke in person against the
proposal, none in favor.
The Planning and Zoning Commission recommended approval of the
request subject to the following conditions:
1. Tied to site plan #1977-F, with the exception of signage.
Proposed signs shall comply with the Zoning Code.
2. Eight -foot high cedar screening fence along the west side of the
property attached to steel posts.
3. Five-foot high masonry screening fence along the south line of
the property with an opening for the standard driveway entrance
onto 73rd Street. Five-foot high fence stops approximately 105
feet from east property line on Slide Road with a pedestrian
opening. Three-foot high masonry fence continues east to a point
that is approximately 43 feet from the east property line on Slide
Road.
4. Seven foot high cedar screening fence with steel posts and a
concrete footing along the west property line of Lots 274, 275
and 288, Spanish Oaks Addition.
5. To reduce glare, the direction of light from wall and parking lot
lighting fixtures will be emphasized.
Randy Henson, Senior Planner, presented staff comments and advised
that the Planning Department staff recommended denial of the appeal.
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Page 520
The proponent designed a site plan, screening fence and landscape plan
to soften many of the effects of the project on adjacent residential.
Nevertheless, the homes on the south side of 73rd will look directly over
the five-foot wall at the tall commercial building face with lights and
signs. It does not appear that buffering options with the existing Garden
Office zoning were explored. As a general rule, stable single-family
homes should not be forced, after the fact, to face into commercial
without exhausting all other reasonable alternatives. This case should
not be approved.
Motion was made by Councilmember Nelson, seconded by
Councilmember Hernandez to continue this item until the July 27, 1999
City Council Meeting. Motion carried: 4 Yeas, 3 Nays.
Councilmembers Ince, McDougal and Patterson voted Nay.
Following Item No. 61, this item was reconsidered. Motion was made
by Councilmember Cooke, seconded by Councilmember Hernandez to
continue this item until the August 12, 1999 City Council Meeting.
Motion carried: 6 Yeas, 0 Nays. Councilmember Nelson was not
present when this item was reconsidered.
(51.) Ordinance No. 10172/Zone Case No. 2526-B (north of 98th Street
and east of Indiana): Request of Indiana Avenue Baptist Church for
a zoning change from C-2 to A-2 limited to church and church
related uses on Section 13, Block E-2 (first reading).
ORDINANCE NO. 10172
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2526-13; A ZONING CHANGE FROM C-2 TO A-2
ZONING LIMITED TO CHURCH RELATED USES ON SECTION t3, BLOCK E-2,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 1:19 p. in. No one was
present on behalf of Indiana Avenue Baptist Church to present the zone
change. No one appeared in opposition. Mayor Sitton closed the
hearing at 1:20 p. in.
The church is requesting rezoning of a C-2 corner to match the A-2
limited to church and church related uses on the balance of the church
site. Adjacent land uses:
North - church;
South - vacant;
East - church; and
West - commercial.
The request is consistent with the Comprehensive Land Use Plan and
zoning policy. The proposal should have no effect on traffic.
The Planning and Zoning Commission recommended approval of the
request subject to the following condition:
Limited to a church and church related uses.
Randy Henson, Senior Planner, presented staff comments.
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Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Ince, seconded by Councilmember
Nelson to pass on first reading Ordinance No. 10172 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Hernandez and
McDougal were away from the dais.
1:22 P. M. COUNCIL RECESSED
1:33 P. M. COUNCIL RECONVENED
(52.) Zone Case No. 2497-A (north of Loop 289 and east of North
University): Hold a public hearing to consider the appeal of Hugo
Reed and Associates (for Clayton Homes, Inc.) for a zoning change
from R-1 to IDP (the proposed use is manufactured home sales) on a
portion of land out of Section 11, Block A, and to consider
ordinance.
Mayor Sitton opened the public hearing at 1:33 p. in. Terry Holman of
Hugo Reed and Associates appeared on behalf of Clayton Homes.
Warlick Carr, Attorney at Law representing the property owners (John
and Richard Powers) and Larry Michelin of Clayton Homes appeared in
favor of the zone change. No one appeared in opposition. Mayor Sitton
closed the hearing at 1:52 p. in.
The proposal for a manufactured home sales lot is at the northeast corner
of North University and Loop 289. Adjacent land uses:
North - vacant;
South - Loop 289;
East - vacant; and
West - the former TI plant.
The purpose of the IDP District is "to provide industrial park -planned -
unit -development along major thoroughfare and expressway corridors so
that persons entering the city along those corridors will receive a good
first impression and to maintain a quality appearance which will stabilize
or increase real property values". The Comprehensive Land Use Plan
indicates this square mile as IDP or Industrial Park.
Over the years, the area between North Loop 289 and Kent, east of
University has been the topic of discussion for another major "clean
industrial" complex to mirror the Texas Instruments and State School
facilities. The conflict in this request is the large industrial complex
"vision" versus the Zoning Code, as written, which allows a wide range
of heavy commercial and industrial uses in the Industrial Park District.
Examples include: all IHC uses, aluminum product fabrication, cabinet
shop, cold storage, ice plant, mattress manufacturing, roofing
contractor's shop, and sash and door manufacturing, along with
numerous other heavy commercial and light industrial uses.
Zone cases on the property include:
• Zone Case 1618 - In September 1969 a Specific Use request for a
mobile home park on a tract at the half section, across on
University from the current day care center, was denied.
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From the adoption of the Comprehensive Land Use Plan in 1975 to a
zone case in 1981, the square mile was designated "single family" on the
Plan.
• Zone Case 2342 - In December 1981 the Comprehensive Plan for
the section was changed to IDP, or Industrial Park, along with a
zone case for a Westinghouse plant that was never built.
• Zone Case 2497 - In 1984 a mobile home park request was
withdrawn.
While the proposed mobile home sales facility does not mesh with a
large-scale industrial facility on this section of land, it is a permitted use
in the IDP zoning district. The facility should have little effect on
traffic.
The proponents were unprepared for the opposition that was submitted
the day before the hearing. Their understanding was that the proposal is
a policy request, and did not have the information and proponents
available that were present at the Council meeting. Mr. Bernie Gradel of
Hugo Reed and Associates did indicate during the P&Z meeting that
some group should have requested zoning in years past to place
conditions on the property if the community did, in fact, have specific
plans for the area. His presentation reflected disappointment for the
apparent sudden change in philosophy regarding what appeared a request
consistent with the Comprehensive Land Use Plan.
During the past 30 years, proposals on this property that were not
consistent with IDP have either been withdrawn or denied. Whether or
not those decisions happened because of a vision for a high tech
industrial park on this property is not in the written records. The letter
from Ex Fab officials illustrates the perspective from an adjacent owner.
The fact that the land is IDP on the Comprehensive Land Use Plan
would support their perspective when reading the purpose statement. In
the alternative, the first permitted use in IDP is "Interstate Commercial",
within which manufactured home sales is a permitted activity. The
dilemma of this discussion is that both perspectives may be correct.
The Planning and Zoning Commission recommended denial of the
request.
Randy Henson, Senior Planner, presented staff comments and discussed
this item in detail.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to uphold the Planning and Zoning
Commission's denial of the zone change. Motion failed: 3 Yeas,
4 Nays. Voting Yea were Mayor Sitton and Councilmembers Cooke and
Nelson; voting Nay were Councilmembers Ince, Hernandez, McDougal,
and Patterson.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to overturn the Planning and Zoning
Commission's denial of the zone change. Motion failed: 4 Yeas, 3 Nays
(a vote of 6 Yeas is necessary to overturn denial). Voting Yea were
Councilmembers Ince, Hernandez, McDougal, and Patterson; voting
Nay were Mayor Sitton and Councilmembers Cooke and Nelson.
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(53.) Hold a public hearing to consider an amendment to the Zoning Code
to add four new Central Business District zoning districts and
consider Ordinance No. 10173 (first reading).
ORDINANCE NO. 10173
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-19 ENTITLED "CB CENTRAL BUSINESS DISTRICT"
TO ESTABLISH ZONING DISTRICT "CB-1 WEST BROADWAY"; BY ADDING
SECTION 29-19.1 ENTITLED "CB-2 CENTRAL BUSINESS DISTRICT
BROADWAY/13TH/MAIN" ESTABLISHING A SECOND NEW ZONING
DISTRICT; BY ADDING SECTION 29-19.2 ENTITLED "CB-3 CENTRAL
BUSINESS DISTRICT GENERAL" ESTABLISHING A THIRD NEW ZONING
DISTRICT; BY ADDING SECTION 29-19.3 ENTITLED "CB-4 DEPOT DISTRICT"
ESTABLISHING A FOURTH NEW ZONING DISTRICT; BY AMENDING
SECTION 29-3, ENTITLED "DEFINITIONS" TO ADD SECTIONS 29-3 (6a) AND
(9a) AND TO AMEND THE DEFINITION OF CANOPY AT SECTION 29-3 (24);
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Councilmember Nelson left the Council meeting during discussion of
this item and was absent during the remainder of the meeting.
Mayor Sitton opened the public hearing at 2:03 p. in. The following
persons spoke:
Jim Shearer of Lubbock CenterCorp, Inc.; and
Mikel Ward.
Mayor Sitton closed the hearing at 2:25 p. in.
With the adoption of our current Zoning Ordinance in 1975 with a
reserved chapter for "CB" Central Business District and adoption of a
Comprehensive Land Use Plan containing Urban Design Policies, the
City of Lubbock began to consider urban design an integral part of the
development process. Continuing through Goals for the 80's, Goals:
2005 and the current Goals for the 21" Century, the City Council has
incorporated numerous forward -thinking goals and objectives for
economic growth, urban design and protection of cultural resources into
the planning process.
Formalization of the need for design guidelines and standards came out
of the 1989 - Central Business District Revitalization Plan. In 1995, the
City Council authorized the Urban Design and Historic Preservation
Commission and to create standards for downtown Lubbock. The
UDHPC enlisted representatives from:
• Cactus Theater Board
• CenterCorp
• Committee of Churches
• Depot District Association
• Lubbock Chapter, American Institute of Architects
• Lubbock Commercial Realtors
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• Lubbock Heritage Society
• Overton Neighborhood Associations
• Planning and Zoning Commission
• West Texas Homebuilders Association
The committee began a three-year analysis of the downtown and West
Broadway area. Existing zoning, the development history of various
areas, peculiarities of the different building eras and existing land use
were reviewed.
The product of the committee includes four new proposed "CB"
Districts. The area north of Main and an area east of the Post Office
around 15th and Avenue L are not proposed for rezoning since the
current Civic Center zone case and Interstate Districts are considered to
be adequate to continue for those areas. The Districts are tailored to
each of the four unique areas and provide two major assets:
1. For each proposed district, the peculiarities experienced for the
CBD under our current zoning ordinance are adjusted. The
primary "fixes" are in setback, parking and landscaping.
2. The proposed design standards for each district are intended to
ensure new development and reconstruction projects that will fit
with the existing architectural fabric of each area.
The committee is comfortable that the guidelines are inclusive and
flexible enough to not discourage any new business ventures in the CBD.
The Urban Design Commission and staff sentiment for flexibility was an
important part of the preparation of the Ordinance and Standards.
The "side by side" format of the ordinance proposals was included in
agenda backup to compare the four proposed districts. The permitted
use portions of the new districts substantially meet the existing uses
permitted by current zoning in the areas. The "Urban Design
Standards" booklet will be adopted as part of the ordinance, but will be
printed separately for distribution to property owners and design
professionals. It is written in a more user-friendly format than the
proposed ordinances.
After rezoning the four land areas, new projects or major redevelopment
projects requiring a construction permit will be reviewed for compliance
with the Standards and the Code. The staff is confident that
communication with architects and engineers prior to completion of plans
will result in few differences of opinion. When a difference of
interpretation does occur during the plan review process (which is an
existing process for all commercial and industrial projects), the owner
may appeal Design Standard items to the Urban Design Commission and
Code requirements to the Zoning Board of Adjustment.
The single item of discussion during the public hearing at the Planning
Commission was the proposed elimination of parking requirements in the
Depot District. The proposal was made by staff to stimulate discussion,
since the current ordinance in the Depot District allows a club to acquire
parking within 1,100 feet of the business. The block size in the Original
Town plat is 300 feet, meaning that a business can rent vacant parking as
far away as 3.6 blocks. Patrons are not using the rented parking and the
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business owners are not being "forced" into developing adequate parking
closer to the enterprise. Luther Avitts testified that he is of the opinion
the property owners in the area are not "mature" enough to develop
parking on their own. He recommended that not requiring parking
would not be a long-term asset to the area. Mr. Avitts, in discussion
with the other property owners in the District, suggested that staff
require owned, leased or shared parking within 600 feet in the C134
District. This is a more realistic distance and is the same as proposed in
C132 and C133.
The Urban Design and Historic Preservation Commission and the
Planning and Zoning Commission recommended adoption of the four
new districts.
Randy Henson, Senior Planner, presented staff comments.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 10173
as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(54.) Hold a public hearing to consider amendment of the Subdivision
Regulations relating to residential street width standards as to same
and further to consider Ordinance No. 10174 amending the required
sidewalk location/width in residential districts (first reading).
ORDINANCE NO. 10174
AN ORDINANCE AMENDING CHAPTERS 24 AND 25 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
SIDEWALK AND STREET WIDTH STANDARDS FOR RESIDENTIAL STREETS;
PROVIDING A MISDEMEANOR PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 2:26 p. in. Randy
Neugebauer appeared in favor of the proposed amendment. No one
appeared in opposition. Mayor Sitton closed the hearing at 2:28 p. in.
Street Width Standards:
Attached are several items as background:
1. Portions of a recent publication from the American Planning
Association "The Principles of Smart Development". The streets
portion is a case study from Eugene, Oregon.
2. A 1995 table of results from Texas cities for right-of-way width
conducted by the Amarillo Planning Department. The Lubbock
listing is the 32-foot "test" street rather than the current standard
36-foot street.
The staff and development sector have debated the merits of more
narrow cross sections of residential streets for more than ten years. In
response to a mutual proposal by both staff and developers, through the
variance process associated with plats. Numerous subdivisions have
been built in south and southwest Lubbock using the 32 feet of paving in
52 feet of row section as a "test."
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Standards being discussed for changes to the Subdivision Regulations for
street/ROW widths:
1. The current 36-foot street in a 56-foot right of way will remain in
the Code as an option for new subdivisions or become a "sub -
collector." The Code has no such distinction at present. With
the introduction of the 32/52 proposal in #2, the sub -collector
would benefit traffic on streets that serve more than just that one
street, moving traffic to the internal collector streets or adjacent
thoroughfares. The street will have a 10-foot parkway (that area
from the front of curb to the property line).
2. The current cul-de-sac or "go nowhere" 32-foot street in a 52-
foot right of way will become the standard in single family
residential. This street will also have a ten -foot parkway.
3. A new cul-de-sac and connector street cross section is being
proposed that maintains the 32-foot paved width but diminishes
the "parkway" (that area from front of curb to the property line).
The street parkway would be eight feet rather than ten feet as
exists in #1 and #2, resulting in a 48 foot ROW.
4. The cul-de-sac right of way radius (creating the "bulb" of the cul-
de-sac) of the two new streets will be proposed as 43 feet with a
35-foot paved radius. This radius is not optimal for the Fire
Department, but is a compromise with the total radius reduction
coming out of the ROW width rather than the paved width.
When cars are parked in a cul-de-sac, fire trucks cannot turn
around regardless of the paved radius.
Pros and Cons of the proposed more narrow residential street:
Pros:
• The 32-foot width is essentially a three -lane street. When two
vehicles are parked, and two moving vehicles approach, one must
yield. This intentional congestion causes traffic to move slower
and create a safer pedestrian/residential environment. With the
current 36-foot, four -lane street, many traffic engineers and
planners point out that unsafe speeds are common practice in
residential subdivisions.
• The 32-foot width versus the 36-foot width creates savings for
initial construction and long-term maintenance of the street. The
savings are associated with asphalt, as the amount of concrete in
curb and gutter is the same in both streets.
• Reduction of the right-of-way width does conserve land. In one
mile most Lubbock subdivisions have 14 east/west streets. The
resulting savings of land would be sixty feet, or enough to create
45 residential lots with 7,000 square feet each. Utilizing land in
a more efficient manner creates efficiency for all city services,
especially infrastructure.
• Some residents prefer the fronts of homes moved closer by a
narrower street and less front set back. The smaller scale creates
a more pedestrian/resident friendly atmosphere.
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Cons:
• As the opposite for the first bullet under the Pro column, many
citizens in Lubbock are used to "wide open streets". The current
36-foot paving width allows for two lanes of parking and two
passing lanes.
• As the opposite for the second bullet under the Pro column, the
reduction of street width (particularly in conjunction with reduced
front set back) creates a less open atmosphere. This topic is
subject to individual taste.
• Emergency access - police, ambulance and especially fire, have
long had a concern about more narrow streets. Lubbock
currently has many miles of 30-foot paved streets in 50-foot
rights of way that have been serviced by emergency vehicles for
years. The trade-off for advantages noted elsewhere versus the
odds of needing emergency access is subject to debate. The
proposed streets have the limited support of the Fire Department
with the minimum 35-foot radius paved cul-de-sac.
• As neighborhoods mature, more on -street parking occurs. The
increased number of parked cars increases congestion.
• More narrow streets, particularly when built with curb back
sidewalks, create a tendency to park on the sidewalk or parkway
if vehicles have been hit in the past. The presence of vehicles on
the sidewalks defeats the purpose of sidewalks as a safe
pedestrian way.
• The 52/32 street will not carry as much drainage runoff as the
56/36 street. When a potential drainage problem exists, the
wider street will remain in the Subdivision Regulations for
recommendation by Streets/Engineering.
Within many subdivisions built since 1970 in Lubbock, the automobile
dominates. Wide streets promote speeding and the primary function of
residential areas has been overlooked during much of the discussion
during the last 15 years, and that is subdivisions are for families to live
in a safe environment. More narrow streets force a greater percentage of
drivers to slow down and the result is a safer neighborhood.
The proposal is recommended by the Planning and Zoning Commission.
Sidewalk Location/Width:
In conjunction with the discussion of changes to the street right-of-
way/paving widths, a number of the "test" subdivisions have been
approved for a five-foot sidewalk width when the walk is located behind
the curb. The current standard for curb back walks is six feet.
The staff and Developer's Council have recommended to the Building
Board of Appeals the following adjustments to the sidewalk requirement
section of the Code:
1. The current four -foot sidewalk located adjacent to the property
line (leaving a dirt strip between the walk and curb) will remain
an option in commercial and residential.
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2. In residential, a five-foot curb back walk will be allowed. The
remaining right-of-way will be a dirt strip between the back of
the sidewalk and the lot line.
3. In commercial and adjacent to public schools, the standard will
remain six-foot curb back walks. As in #2, a dirt strip will
remain in the right of way for location of light poles, stop signs,
fire hydrants, etc.
4. An existing standard for four -foot walks back of curb along
streets with alley access garages is proposed for deletion. The
four -foot curb back walk will not accommodate mailboxes and
comply with ADA.
The revised plates for each of the alternatives noted above contain the
requirement that a 36 inch clear, level path as required by the Americans
with Disabilities Act shall be maintained.
The Building Board of Appeals recommended the changes to the City
Council.
The four operating departments primarily involved in the discussion are
Fire, Streets/Drainage, Traffic Engineering, and Planning. The Fire
Department and Streets/Drainage have expressed basic support for the
proposal. "Bigger is better" remains the feeling of several individuals.
The Traffic Engineering and Planning Department express full support
for the proposal for one primary reason — safety. The relatively small
savings for land, paving and maintenance are not as significant as the
provision of safer neighborhoods.
Further, staff supported the recommendation of the Building Board of
Appeals regarding the required sidewalk location/width standards.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10174
as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(55.) Hold a public hearing to consider amendment of the Zoning Code for
the districts within which carnivals can request a conditional use
permit from the Zoning Board of Adjustment, and consider
Ordinance No. 10175 (first reading).
ORDINANCE NO. 10175
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
PERMITTING THE ZONING BOARD OF ADJUSTMENT TO GRANT SPECIAL
EXCEPTIONS FOR CARNIVALS; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 2:29 p. in. No one appeared
to speak at the hearing. Mayor Sitton closed the hearing at 2:36 p. m.
Recent discussions with groups, including the Children's Miracle
Network and Cinco de Mayo, have indicated the need to discuss
amendment of the Zo:iing Code for the status of carnivals. Within the
current Code, carnivals and circuses are a conditional use in M-1
(requires a hearing by the ZBA) and a permitted use in the M-2 District.
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Carnivals are subject to a permit issued by the City Secretary that
details:
1. Name, address and telephone of applicant(s).
2. Exact location of operation.
3. Dates and hours of public operation.
4. Time and length of performances, none over 14 days.
5. Description of buildings/tents.
6. Description of electrical wiring, equipment and mechanical rides.
7. Description of food concessions.
8. Types of animals to be exhibited.
9. Description of toilet facilities provided.
10. Description of security.
11. Provision of parking for one vehicle per 100 square feet of area
encompassed by the carnival or circus.
12. Certificate of insurance.
13. $50 application fee.
14. Post cash or a bond to secure various payments.
The City Manager or authorized representative reviews the application
and may deny based on a finding of:
1. False or misleading information.
2. Inadequate location.
3. Minimum standards or orderly operation will not occur.
4. Approval from Zoning, Police, Fire Marshal, or Building is not
in place.
5. Bond or insurance is not adequate.
Included in agenda backup was a memo prepared by Council staff for
Councilman Victor Hernandez regarding how carnivals are addressed by
several other cities in the State. There is diversity of treatments, but all
require some level of oversight (permits at a minimum and hearings for
the most part).
Alternatives
1. The carnival definition be added to the C-3 District and all the
heavier use districts (C-4, Interstate districts, IDP, and continuing
in the M-1), or whatever other districts may be chosen, as a
conditional use. The conditional use requires a hearing, with
notice, in front of the Zoning Board of Adjustment.
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2. The carnival definition be added to the ZBA list of exceptions
(conditional uses) without regard for zoning district. In other
words, a request could be processed in any area of town. This
would avoid the exclusion of church properties and areas that
have not been rezoned to commercial as would occur in the #1
alternative. The defense against negative impacts for neighbors
would be within the hearing and consideration for approval or
denial by the Zoning Board of Adjustment.
3. Allow the carnivals in the same districts noted in #1 with the
provision that an administrative permit is required. The new
permit can include the current permit requirements as well as
adding any notice or signatures for/from adjacent owners that is
reasonable.
4. Leave the Code as it exists now for conditional uses in M-1 and
permitted uses in M-2.
Plus and minus aspects of the proposals:
Pros
• The change will substantially open up the locations available for
carnivals. In the past years, a number of non-profit groups have
expressed the desire to host these traveling carnivals as
fundraisers. Several "big box" (Wal-Mart and Kmart) stores
have inquired about hosting carnivals. Because of the limitation
to M-1 and M-2 zoned locations, very few have actually held an
event.
• The ZBA alternative would create a public forum for each
request. The practical problem is that many of the organizations
come in at the last minute, too late to file and process a ZBA
request.
• The administrative permit alternative would allow for last minute
requests to be processed, but may not give as many neighbors the
chance for comment that the ZBA process allows. Often, the
proponents of carnivals forget about the ZBA process and the
time frame that is involved.
Cons:
• The presence of carnivals or kiddie ride attractions in the parking
lots of large commercial centers often is an irritant to at least
some of the tenants who may not have a say in the overall
operation of the shopping center. In theory, the landlord or
anchor tenant who sponsors a carnival should have the approval
of tenants, but experience indicates that often is not true.
• Adjacent tracts of land can be affected by the carnival operations,
particularly by congestion and parking issues.
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• The Lubbock Zoning Code prohibits outside business activity in
commercially zoned districts with a few exceptions (car dealers
and several C-4 uses), and except when a grand opening/outdoor
promotional event is permitted. The relevant question is whether
or not the community either cares or desires to have the added
clutter or excitement (depending on ones perspective) of the
carnival activity.
Having carnivals available through a ZBA hearing would be very similar
in land use to the existing outdoor promotional sales event that is
available to every commercial piece of property for 18 days per year.
The events may have:
• Outdoor display of products in a manner not affecting parking.
• Tents.
• Banners flat against the walls of trucks, tents or buildings.
• Pennants secured in a safe manner.
• Cold air inflatable and "heavy duty" helium balloons (no latex).
With a letter of support from Children's Miracle Network, staff
supported alternative #2 (ZBA approval in any district) which the
Planning Commission recommended to the City Council.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 10175
with the following amendment: that the notification requirement in the
area of the proposed carnival be extended to 400'. Motion carried:
5 Yeas, 0 Nays. Councilmember Hernandez recused himself.
MISCELLANEOUS
(56.) Resolution No. 6421 giving Notice of Intent to enter into a tax
abatement agreement with M.D.M. Investments, Inc.
RESOLUTION NO. 6421
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Commercial Tax Abatement Agreement with M.D.M. Investments, Inc.; and
WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of
the City Council to be given to the presiding officer of the governing body of each
taxing unit in which the property to be subject to the Tax Abatement Agreement is
located; NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention
of the City Council to enter into a Commercial Tax Abatement Agreement with
M.D.M. Investments, Inc., said notice to be given to the presiding officers of each
governing body of each taxing unit having jurisdiction in assessing taxes on property
located at 1206 14th Street in the City of Lubbock, Lubbock County, Texas and further
described as Lots 1-5 and 16-20 Block 163 and Lots 11-20 Block 147 of the Original
Town of Lubbock, Lubbock County, Texas.
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Passed by City Council this 24th day of June, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Kevin G. Walker
Kevin G. Walker
Business Liaison Officer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 6421.
Staff has received a request from M.D.M. Investments, Inc. for
commercial tax abatement in the North Enterprise Zone. M.D.M.
Investments, Inc. intends to renovate the existing building located at
1206 14th Street of the Original Town of Lubbock.
M.D.M. Investments, Inc. plans to expend approximately $4,270,000 in
building related structural improvements and equipment on the project
(Omni Office Centre). The recommended abatement term is five years
with a declining percentage schedule beginning at 100 % and declining
20 % in each subsequent year of the abatement. The abatement amount
for the City of Lubbock is:
Year 1
100%
$24,766
Year 2
80 %
19,813
Year 3
60 %
14,860
Year 4
40 %
9,906
Year 5
20 %
4.953
$74,298
The total city abatement over the life of the contract is $74,298. The
total county abatement over the life of the contract will be $36,533.
The expenditure of $4,270,000 exceeds the $250,000 minimum
investment criteria set forth in Section IV(10)(a) of the Guidelines and
Criteria Governing Tax Abatement for Commercial Projects in
Designated Enterprise Zones in the City of Lubbock adopted by the City
through Resolution No. 5680.
The project will add $4.27 million in new value to the tax base in the
North Enterprise Zone and Lubbock's central business district.
Under the current guidelines, M.D.M. Investments, Inc. is eligible and
meets all the criteria for tax abatement.
532
Regular City Council Meeting
June 24, 1999
Page 533
C. David Sharp, CEO of Market Lubbock, Inc., presented comments.
Staff concurred with Market Lubbock, Inc. for approval of the tax
abatement for a term of five years with a declining schedule beginning
with 100 % and declining by 20 % each year.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass Resolution No. 6421 as recommended
by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember McDougal
abstained; Councilmember Ince voted Nay.
(57.) Resolution No. 6422 creating a City of Lubbock Youth Commission.
RESOLUTION NO. 6422
WHEREAS, the youth of Lubbock are an important and valuable part of the
community with ideas and perspectives that offer unique insight into our City's quality
of life; and
WHEREAS, the City Council and City administrators of the City of Lubbock
make decisions routinely that affect the youth in our community; and
WHEREAS, the City Council wishes to provide the youth of Lubbock with an
opportunity and a vehicle to respond to and provide input into the decisions and policies
that are made that affect young persons; and
WHEREAS, it is the opinion of the City Council that the best interests of the
citizens of the City of Lubbock would be served by establishing a Youth Commission
for the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. A Youth Commission is hereby established for the City of Lubbock.
The goals and objectives of the Commission shall be to develop an alliance among
youth, youth service agencies, city government, schools, and the community to secure
for all children and youth the highest advantage in physical, mental, social, and moral
development, and to advise on how to solve the problems encountered in providing
services to the youth of the community. Furthermore, the Commission will work
towards unifying the youth of Lubbock into a positive force for the good of the
community.
Section 2. The Commission will act as an advisory committee to the Mayor and
City Council on youth issues. The Commission shall consist of 36 student members of
14 to 18 years of age. They will be representatives from Lubbock and area junior and
senior high schools. In addition to the 36 student members, there will be seven (7) adult
advisors to the Commission for a total Commission membership of 43. Terms of office
will be for two years. Students and adults desiring to serve on the Commission will
complete an application for a position and will be interviewed and recommended by a
panel appointed by the Commission. The recommendations will be submitted to the
City of Lubbock Appointments Advisory Board and forwarded to the City Council for
final consideration. Initial appointments prior to creation of the panel shall be made by
the City Council based upon the recommendation of the Lubbock Appointments
Advisory Board and the appointees shall have an initial term of either one year or two
years as determined by a chance drawing for terms. The City of Lubbock Youth
Coordinator will serve as staff liaison to the Commission.
Section 3. Regular meetings will be held during the school year at a time
established by a majority of the Commission members. A simple majority of members
shall constitute a quorum, and a majority vote of the quorum shall be required for any
action to be taken by the Commission.
533
Regular City Council Meeting
June 24, 1999
Page 534
Section 4. The Commission shall select a Youth Council consisting of a mayor,
mayor pro tem, two secretaries, a public relations representative, a treasurer and a
historian from among its membership at its initial meeting. Said officers shall serve for
one year or until such time as their successors are appointed.
Section 5. An annual report shall be presented by the chair of the Commission
to the Mayor and City Council of the Commission's interactions, activities, and
progress as related to its established purpose not later than June 30 of each year.
Additional reports shall be submitted as requested by either the City Council or the
Commission.
Passed by City Council this 24th day of June, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Everett Hooper
Everett Hooper
Youth Services Coordinator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Included in agenda backup was the proposed resolution to create a City
of Lubbock Youth Commission. The Youth Commission is proposed to
have 36 student members and seven adult advisors. Included in this
Commission will be a seven member Youth Council modeled after the
City Council, which will include one Mayor, one Mayor Pro-Tem, two
Secretaries, one Public Relations Representative, one Treasurer, and one
Historian. The age range for the members will be 14 to 18. The
resolution provides goals and objectives, a process for the appointment
of members, a structure for meetings, and a process for the selection of
the Youth Council.
The Lubbock Youth Commission will strive to give a voice to Lubbock
youth and provide a youth perspective on community issues. The Youth
Commission will seek to train the leaders of the future and provide an
opportunity for youth to serve the city in which they live.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass Resolution No. 6422 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
534
Regular City Council Meeting
June 24, 1999
Page 535
BOARD APPOINTMENTS
(58.) Consider one appointment to the MHMR Public Responsibility
Committee.
Irma Guerrero's term expires August 1999. She has served three terms
and is not eligible for reappointment. A copy of the current roster and
other supporting documentation were included in agenda backup.
The Appointments Advisory Board recommended the following:
Esmeralda Benitez
Martha Medina
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to appoint Esmeralda Benitez to the MHMR
Public Responsibility Committee. Motion carried: 6 Yeas, 0 Nays.
(59.) Consider two appointments to the Electric Utility Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to appoint Ken Jones and Robert Massengale
to the Electric Utility Board. Motion carried: 6 Yeas, 0 Nays.
(60.) Consider one appointment to the Board of Health.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to appoint Chris Lonngren to the Board of
Health. Motion carried: 6 Yeas, 0 Nays.
(61.) Consider one appointment to the Zoning Board of Adjustment.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to appoint Billie Jean Caviel to the Zoning
Board of Adjustment. Motion carried: 6 Yeas, 0 Nays.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to reconsider Item No. 50. Motion
carried: 6 Yeas, 0 Nays. Council then reconsidered the item and
continued it until the August 12, 1999 City Council Meeting (see Item
No. 50).
2:47 P. M. COUNCIL RECESSED
3:30 P. M. COUNCIL RECONVENED
535
Regular City Council Meeting
June 24, 1999
Page 536
3:30 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
McDougal made a motion to adjourn; Councilmember Ince seconded the
motion. Motion carried: 2 Yeas, 0 Nays. Motion carried with the
majority of remaining Council present at adjournment (Mayor Sitton,
Councilmember Ince, and Councilmember McDougal).
WINDY SITTON, AYOR
AT EST:
1
f
kayth' ( arnell, City Secretary
Read and approved this Z& day of 1999
,i
IINDYSITTO�, M YOR
Kaythi , arnell, City Secretary
536