HomeMy WebLinkAboutMinutes - City Council - Regular - 12/9/1999CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
December 9, 1999
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 9`b
day of December, 1999, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:36 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Victor Hernandez,
Councilmember Marc McDougal, Councilmember David Nelson, and
Councilmember T. J. Patterson
The first item considered was Item 45.
CITIZEN COMMENTS
Four citizens expressed comments to the Council. They were:
Bobbie Snodgrass
Joe Bragg
Ken Hite
Craig Bragg
EXECUTIVE SESSION
Mayor Sitton stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Manager); pending or contemplated litigation
(Police Department; Storm Water Utilities; Transportation Department;
Water Utilities); personnel matters regarding duties, responsibilities,
and/or appointments (Boards and Commissions); and to deliberate the
purchase, exchange, lease, or value of real property (Fire Department;
Lubbock Power & Light; Transportation Department).
8:01 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1•) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 2•) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Police Department; Storm Water Utilities; Transportation
department; Water Utilities).
City Council Meeting
December 9, 1999
Page 434
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Appointments Advisory Board
Community Development and Services Board
Board of Electrical Examiners
Board of Health
Millennium Advisory Committee
Neighborhood Redevelopment Commission
Planning and Zoning Commission
Structural Standards Commission
(4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072 to deliberate the purchase, exchange, lease, or
value of real property (Fire Department; Lubbock Power & Light,
Transportation Department).
9:38 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
(5.) Presentation on the name candidates for four lakes and two parks as
recommended by the Parks and Recreation Board by Phyllis Jones,
Vice Chair of the Parks and Recreation Board.
In June 1999, Carter & Burgess, Inc. presented to the City Council a
feasibility study to complete the Canyon Lakes System. Among the
recommendations was a suggestion to formally name the four lakes that
were completed in the 1970s.
According to the Park Naming Policy, the Parks and Recreation Board
submits three names per facility to the City Council. It is the City
Council who ultimately votes on and selects the name for these facilities.
A Park Naming Committee, a sub -committee of the Parks and
Recreation Board, was formed in August 1999 consisting of Phyllis
Jones, Chair; Olga Aguero; Bobbe Crawford; and J.R. Morales. The
committee was tasked with the responsibility of generating name
candidates for the four Canyon Lakes as well as for two parks.
Following is a brief background on the properties to be named:
♦ Canyon Lakes 1, 2, 3 & 6
The original vision for the development of the Canyon Lakes System
dates back more than 30 years. The development had its beginning in
1966 when the Yellow House Canyon began to be converted from a
dumping ground into a major regional park. Now recognized as one of
the largest city -owned regional parks in the country, the 2,000-acre
linear system includes four of the originally planned lakes along a six -
mile corridor. The Canyon Lakes system also represents one of the
largest reclaimed water systems in the country today and it exemplifies a
creative use of effluence as the water source for the Canyon Lakes.
♦ 83rd & Grover Avenue
Lubbock Land Company (LLC) developed a 2.4-acre park at this
location. As part of an agreement between LLC and the City in 1992,
following completion of the development the former would maintain the
434
City Council Meeting
December 9, 1999
Page 435
property for one year prior to the land being deeded to the latter. The
land was deeded to the City on December 16, 1994. The park consists
of 4 benches, 56 trees, 1 BBQ grill, 1 trashcan and a walking track.
♦ Horizon West/Westwind
The Parks and Recreation Department has a capital project in the amount
of $420,600 to begin development of an eight -acre park for these
neighborhoods. An additional $277,400 in bond funds will be available
over the next five years to assist with development. The Parks and
Recreation Department has applied for a state grant for $273,000 to
assist in purchasing land above the flood plain and for development.
Notification on the grant is expected in December.
The committee set the following criteria for the candidates:
1. The person can be deceased or living.
2. The person will have made a significant contribution to the
community (land, time, money, programs, etc.).
3. The name should have regional or cultural significance.
4. The name should be important to community.
5. The park could be named after the subdivision in which it is
located and a lake could be named after a park that it is
adjacent to.
In all, thirty-six names were suggested. Of these, twenty-four were
_ people. Included in agenda backup are brief biographies for those
twenty-four names that were considered. Even though only three names
per facility were presented, the Parks and Recreation Board suggested
that all of the names be submitted as back up for the City Council.
Phyllis Jones, Vice Chair of the Parks and Recreation Board, made a
presentation to City Council on the name candidates for four lakes and
two parks as recommended by the Parks and Recreation Board.
( 6.) Presentation on the Community Development and Services Board's
recommendation for the 2000 2003 Consolidated Plan regarding
targeting and the new prioritized needs lists by Nancy Haney, City
Staff.
The Community Development Department is in the process of writing a
new three year Consolidated Plan in compliance with the regulations set
out by the U.S. Department of Housing and Urban Development (HUD).
The final version of this plan will be submitted to HUD with our 2000-
2001 Annual Action Plan in August 2000. As part of this process, the
City must designate new target areas, if the City chooses to target funds.
In keeping with the Council directive from 1995, the Community
Development and Services Board has studied the eligible areas of
Lubbock and has voted to make the following recommendation to
Council regarding targeting.
It was recommended by the CDSB that the following areas be targeted
for the entire 2000-2003 time period covered by the new Consolidated
Plan:
435
City Council Meeting
December 9, 1999
Page 436
a.) The area one block to the east and to the west of Martin Luther
King Boulevard from Regis south to 50' Street
b.) The area one block to the east and to the west of I-27 from Regis
south to 34' Street
c.) The area one block to the east and to the west of Avenue H from
I-27 south to 19' Street
d.) The area one block to the north and to the south of Clovis
Highway from Avenue Q west to Indiana Avenue.
For the new Consolidated Plan, HUD is requiring that all cities complete
a priority listing of the needs identified by the community. HUD
supplies the tables that must be completed. Each identified category and
sub -category must be given one of the priority ratings listed below:
High: Needed in the Community and City does plan to spend
CDBG, HOME, or ESG dollars to meet this need.
Medium: Needed in the Community, but the City plans to only
spend CDBG, HOME, or ESG dollars if there are dollars
left over after addressing all the High needs.
Low: Needed in the Community, but the City does not plan to
spend CDBG, HOME, or ESG dollars.
No Need: This is not a need in the Community.
The Community Development and Services Board recommended a
priority rating for each category and sub -category. For the categories
required by HUD, the CDSB also made a recommendation for estimated
spending levels and the numbers of units to be served.
The agenda back-up includes the tables and the CDSB's recommendation
for each category and subcategory.
10:15 A. M. WORK SESSION RECESSED
10:38 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 Becky Garza, Assistant City Secretary
Absent: None.
Mayor Sitton called the meeting to order at 10:38 A. M.
( 7.) Reverend Jim Gerlt, Pastor of Indiana Avenue Baptist Church, gave
the invocation.
( 8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
436
City Council Meeting
December 9, 1999
Page 437
BOARD APPOINTMENTS RECOGNITION
Appointments Advisory Board
Receiving: Tony Cardinal (unable to attend)
Jone Fisher (unable to attend)
Dolores Ontiveroz
Citizens Traffic Commission
Receiving: Cyril Reasoner
Community Development and Services Board
Receiving: Karen Worley (unable to attend)
Community Relations Commission
Receiving: Cynthia Finley
Complete Count Committee
Receiving: Lola Hyman (unable to attend)
Neighborhood Redevelopment Commission
Receiving: Henry Huneke
Oscar Reyes (unable to attend)
Planning and Zoning Commission
Receiving: Howard Thrash (unable to attend)
CITIZEN APPEARANCES
(9.) Presentation of a special recognition to Coach Lewis Kelley, Head
Football Coach of Lubbock Estacado High School, for his
achievement in winning 200 games at Estacado High School.
Coach Kelley has spent 39 years on the sideline as a head coach for the
football programs at Estacado and Dunbar High Schools here in
Lubbock. The achievement of winning 200 games over the course of a
football coaching career is an accomplishment in itself, but to win that
many games at one school is exceptional. Coach Kelley uses the
platform of football as an opportunity to instill discipline, a strong work
ethic, and a sense of accomplishment into the young students he has
taught over the years.
A special recognition honoring the accomplishment of winning his 200'
football game at Estacado High School was given to Coach Lewis
Kelley. Kenneth Wallace, Principal, and Greg Sherwood, Athletic
Director for Estacado High School were also in attendance.
(10.) Presentation of a special recognition to Warden Joe Fernald and
Assistant Warden Guillermo De Los Santos of the Montford Unit for
their assistance in providing the labor to enhance and beautify the
Municipal Coliseum.
The Municipal Coliseum recently underwent a facelift whereby the
interior of the facility was painted as well as other improvements.
Warden Fernald and Assistant Warden De Los Santos were instrumental
in providing the labor necessary to make these improvements. This was
a tremendous cost saving to the City of Lubbock and its citizens. The
warden and his staff have also assisted with the Depot District
streetscape project as well as the Buddy Holly Center. Additionally, they
constructed the fence at the Windmill Museum. The Mayor presented
437
City Council Meeting
December 9, 1999
Page 438
Warden Fernald and Assistant Warden De Los Santos with a gift of
appreciation for their work on these community projects.
The Mayor, on behalf of the City of Lubbock, presented a gift to
Warden Joe Fernald and Assistant Warden Guillermo De Los Santos of
the Montford Unit for their willingness in providing the labor for the
Coliseum beautification project.
(11.) Presentation of a special recognition to former City Councilman
Randy Neugebauer, Chair of the Metropolitan Planning
Organization and the Ports -to -Plains Corridor Coalition, for his
efforts in organizing the recent Ports -to -Plains Summit and for his
efforts in obtaining the next phase of funding for the East-West
Freeway Project.
Randy Neugebauer was instrumental in the organization of the Ports -to -
Plains Trade Corridor Summit that was held November 5. Under his
leadership, a unified direction for the organization is in place. As chair
of the Metropolitan Planning Organization, Randy was also a leader in
the effort for the funding of the East-West Freeway project which was
recently awarded over $12 million from TxDOT to help make this
project a reality.
A special recognition honoring his effort in organizing the Ports -to -
Plains Summit and in obtaining funding for the East-West Freeway
project was given to Randy Neugebauer.
(12.) Presentation of a 1999 Texas Municipal League Excellence Award in
the area of Communications Program to members of the Public
Information and Police Training Academy staff by TML Immediate
Past President T. J. Patterson.
To enhance police recruiting by reaching more potential candidates, the
City began a public information campaign entitled "Nothing but the
Best!" - which is the motto of the Lubbock Police Department Training
Academy.
A multi -part LCN-6 TV series followed two recruits all the way through
the grueling 20-week Police Academy, in order to give potential recruits
and citizens a better understanding of the intensive training required of
Lubbock Police officers. In addition to the TV series, the Public
Information Office developed a series of ads, news releases, billboard
designs, letters, and posters using the "Nothing but the Best" theme. In
February 1999, the largest recruit class since 1989 began the Academy.
This is the second time in two years the City of Lubbock has been
recognized for a TML excellence award.
Awards were presented to Christy Martinez, Mary Gonzales, Jeff Boyd,
Tom Goolsby, Jim Green, and I3 11ny Privett, members of te Ca Carter and Sergeant Kevhn Cox lic
of
Information staff, and Corpora
the Police Academy staff.
CONSENT AGENDA (Items No. 13-19, 21-36)
seconded by
Motion was made by Cember Nos 14 and 22 gas recommended
Councilmember Nelson to amend Item
by Anita Burgess, City Attorney, and Don Vandiver, Assistant City
Attorney, and to approve Items 13-19 and Items 21-26 on consent agenda
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
438
City Council Meeting
December 9, 1999
Page 439
(13.) Approval of the minutes of the Regular City Council Meeting of
November 4, 1999 and November 11, 1999.
(14.) Ordinance #10222—Relating to granting telecommunications
franchises to non -certificated telecommunications providers and
regulating the use of public rights -of -way for certificated
telecommunications providers within the City (second and final
reading).
ORDINANCE NO. 10222
AN ORDINANCE OF THE CITY OF LUBBOCK RELATING TO THE
ESTABLISHMENT OF A NON-DISCRIMINATORY PROCEDURE FOR GRANTING
FRANCHISES AND REGULATING THE USE OF PUBLIC RIGHTS -OF -WAY TO
PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY;
PRESCRIBING UNIFORM TERMS AND CONDITIONS CONCERNING USE OF
CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY BY TELECOMMUNICATIONS
FRANCHISEES AND CERTIFICATED TELECOMMUNICATIONS PROVIDERS;
AND PRESCRIBING THE AMOUNT AND METHOD OF COMPENSATION TO BE
PAID THE CITY FOR THE USE OF PUBLIC RIGHTS -OF -WAY TO PROVIDE
TELECOMMUNICATION SERVICES WITHIN THE CITY BY NON -CERTIFIED
TELECOMMUNICATIONS PROVIDERS AND PROVIDING A MISDEMEANOR
PENALTY.
This item was amended to reflect that the access line fees for the non -
certificated telecommunications providers will be the same as the Public
Utilities Commission establishes for the certificated telecommunications
providers. Said access line fees will be established March 1, 2000.
(15.) Ordinance #10223—Relating to emergency management, prohibiting
overcharging during a state of emergency or subsequent recovery
period, providing for definitions, providing a penalty, providing that
provisions be cumulative of other ordinances, providing for
severability of provisions, and providing for publication (second and
final reading).
ORDINANCE NO. 10223
AN ORDINANCE OF THE CITY OF LUBBOCK RELATING TO
EMERGENCY MANAGEMENT, PROHIBITING OVERCHARGING DURING A
STATE OF EMERGENCY OR SUBSEQUENT RECOVERY PERIOD, PROVIDING
FOR DEFINITIONS, PROVIDING A PENALTY, PROVIDING THAT PROVISIONS
BE CUMULATIVE OF OTHER ORDINANCES, PROVIDING FOR
SEVERABILITY OF PROVISIONS, AND PROVIDING FOR PUBLICATION.
(16.) Ordinance No. 10224 abandoning and closing a portion of a garbage
collection easement located in Lot 34, Winghaven Estates, an
addition to the City of Lubbock (6002 Upland Avenue) (first
reading).
ORDINANCE NO. 10224
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A
GARBAGE COLLECTION EASEMENT LOCATED IN LOT 34, WINGHAVEN
ESTATES, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
439
City Council Meeting
December 9, 1999
Page 440
Winghaven Estates is located west of Upland Avenue at 60' Street in the
newly annexed area. When Winghaven Estates was platted, a 25-foot
garbage collection easement was dedicated along the south side of Lot
34. Lot 34 is being replatted into smaller lots and this garbage service
easement will be closed. An alley will be dedicated to replace this
easement area being closed.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
(17.) Ordinance No. 10225 abandoning and closing a utility easement in
Section 9, Block JS, Lubbock County, Texas (705 Fulton Avenue)
(first reading).
ORDINANCE NO. 10225
AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT
LOCATED IN SECTION 9, BLOCK J-S, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 20-foot utility easement located
south of 7' Street between Fulton Avenue and Iola Drive in the Revier
Farm Addition area. This easement was dedicated in 1980 to connect the
Revier Farm Addition and the Crows Nest Addition with water and
sewer lines. Recently, the area in between the two additions was platted
and the street and alley areas dedicated in this new addition will now
carry the water and sewer lines.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
(18.) Ordinance No. 10226 abandoning and closing two drainage
easements located in Section 23, Block E, Lubbock County, Texas
(6001 Martin Luther King, Jr. Boulevard) (first reading).
ORDINANCE NO. 10226
AN ORDINANCE ABANDONING AND CLOSING TWO DRAINAGE
EASEMENTS LOCATED IN SECTION 23, BLOCK E, 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 PUBLICATON.
This ordinance abandons and closes two drainage easements along the
east side of the 6000 Block of Martin Luther King, Jr. (MLK)
Boulevard. These two easements were dedicated to the City in 1989 as
part of the MLK Boulevard widening project. The area where these two
easements are located is being platted into a large acreage tract and a
new, larger drainage easement is being dedicated to replace the two
easements being closed.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
..M
City Council Meeting
December 9, 1999
Page 441
(19.) Ordinance No. 10227 abandoning and closing a 60-foot wide utility
easement located in Section 2, Block E, Lubbock County, Texas (301
50`h Street) (first reading).
ORDINANCE NO. 10227
AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT
RECORDED IN VOLUME 503, PAGE 48 OF THE DEED RECORDS OF LUBBOCK
COUNTY, TEXAS AND LOCATED IN SECTION 2, BLOCK E, LUBBOCK
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This 60-foot wide utility easement dedicated in 1953 to be closed and
abandoned is located south of 50r' Street at approximately Avenue C.
The Lyndale Acres Addition has been platted over this easement and it
has never been officially closed. Other easements and/or street areas
have replaced this area covered by this old utility easement.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
(20.) Consider the prices and conditions of sale of Parcels 58350-2-14,
58350-3-12, 3-14 and 3-16 at 1110 6e Street, 1310 and 1314 66'h
Street in the McClarty Circle View Addition.
This item was deleted.
(20.) Ordinance No. 10228 amending Chapter 6, Article V, Electrical
Code, by adopting the 1999 National Electrical Code, replacing the
1996 National Electrical Code (first reading).
ORDINANCE NO. 10228
AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 2 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD
TO THE DUTIES OF THE BUILDING OFFICIAL; AMENDING ARTICLE V OF
CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO ADOPTING THE 1999 EDITION OF THE NATIONAL
ELECTRICAL CODE; ESTABLISHING FEES; PROVIDING FOR CERTAIN
AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
The National Fire Protection Association updates the National Electrical
Code every three years in order to recognize new technologies and
materials. The revisions also allow correction of requirements that have
not been effective. The changes are made through a national consensus
process with all portions of the construction and regulatory industry
represented.
The adoption of the 1999 National Electrical Code will allow our
community to use the latest technology while installing electrical
equipment in our City.
The new code has been reviewed and recommended for approval by the
Electrical Board and the Building Inspection Department Staff.
441
City Council Meeting
December 9, 1999
Page 442
(21.) Ordinance No. 10229 amending Chapter 2 of the Code of Ordinances
of the City of Lubbock, Texas, by repealing Section 2-360; by
amending Section 5-6 and Section 5-7 to provide exceptions for
helicopter operations; by adding Section 5-12 authorizing the
Director of Aviation to issue permits for temporary helicopter
operations; by adding Section 5-13 requiring liability insurance (first
reading).
ORDINANCE NO. 10229
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY REPEALING SECTION 2-
360; BY AMENDING SECTION 5-6 AND SECTION 5-7 TO PROVIDE EXCEPTIONS
FOR HELICOPTER OPERATIONS; BY ADDING SECTION 5-12 AUTHORIZING
THE DIRECTOR OF AVIATION TO ISSUE PERMITS FOR TEMPORARY
HELICOPTER OPERATIONS; BY ADDING SECTION 5-13 REQUIRING LIABILITY
INSURANCE; PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN
EFFECTIVE DATE HEREOF.
Currently, the Code of Ordinances restricts helicopter activity over the
City to landings or take -offs at established airports, and emergency
operations under the direct control of a law enforcement agency. The
ordinances prohibit routine operations at temporary landing sites, and do
not provide for the establishment of fixed landing facilities at any place
other than an airport.
As the use of helicopters has increased in recent years, a number of
helicopter operations have been established that are in violation of the
Code as it is currently structured. Examples of on -going activities that
are prohibited include routine training flights to and from area hospitals
conducted by Aero Care, and routine helicopter operations at the
Department of Public Safety (DPS) headquarters. Intermittent, non -
emergency activity is prohibited as well. This aspect of the Code has
compelled the City on several occasions to deny approval for the
transportation of dignitaries to landing sites within city limits.
The proposed ordinance revisions would establish a permit process that
would allow intermittent helicopter landings at temporary sites within the
city limits. The changes would also allow for the designation of fixed
helicopter landing sites to accommodate existing operations at heli-pads
located at area hospitals and at DPS headquarters.
Issuance of a permit for a temporary landing site would be subject to
review and approval by the Director of Aviation. Designation of fixed
helicopter landing sites would be subject to review and approval by the
Airport Board.
The Airport Board has reviewed the proposed ordinance revisions and
recommended approval. Staff also recommended approval.
This item was amended to give the City Manager or his designee, in
addition to the Airport Board, the authority to authorize the take -off and
landing of helicopters at the airport.
(22.) Resolution No. 6617 approving the plans or schematics for paving
improvements on a portion of 82" Street from Avenue U to U.S. 87
to be included in a paving assessment program.
442
City Council Meeting
December 9, 1999
Page 443
RESOLUTION NO. 6617
WHEREAS, the City Council on November 11, 1999, passed Resolution No. 6613
providing for the improvements of portions of a street in the City of Lubbock, Texas, and
along the boundaries of said City, and directing preparation of plans and specifications
covering the street as named in said Resolution; and
WHEREAS, the City Engineer has prepared and filed with the City plans or
schematics and standard specifications for such improvements, and the same have been
examined; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the plans or schematics and standard specifications submitted by the City
Engineer covering improvements contemplated by said Resolutions BE and the same are
hereby approved.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
This is the second of five resolutions associated with an assessment
program for the construction of paving improvements as follows:
82nd Street from Avenue U East to U. S. Highway 87
The plans for 82nd Street have been prepared by TxDOT, and are
available for inspection at their office.
Staff recommended approval of this resolution.
(23.) Resolution No. 6618 approving an annexation plan required under
amendments to the Annexation Act by the 76th Texas Legislature.
RESOLUTION NO. 6618
WHEREAS, the 76' Texas Legislature passed Senate Bill No. 89, making
substantial changes to the Annexation Act, and
WHEREAS, Senate Bill No. 89 requires all Texas cities to adopt an annexation plan
on or before December 31, 1999, and
443
City Council Meeting
December 9, 1999
Page 444
WHEREAS, the City of Lubbock has no current plans to annex any area for which
an annexation plan is required; NOW THEREFORE,
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City of Lubbock does not currently plan to annex any area for which an
annexation plan is required.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Director of
Strategic Planning
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
On September 17, 1999, Jim Bertram attended an annexation workshop
sponsored by TML and heard Analeslie Muncy, Attorney for Fielding,
Barrett & Taylor (Ft. Worth), explain the fallout from passage of S.B.
89. Following are some general notes and some specific follow up that
staff will need to take:
1. Between December 31, 1999 and December 31, 2002, a city may
continue to annex any non-exempt area that is not included in an
annexation plan.
2. "Every city" must adopt an annexation plan by December 31,
1999. If staff do not intend to annex immediately following three
years or in the near future (following three years from December
31, 1999) staff still need to adopt a "plan" in the form of a
resolution that states, "The City of Lubbock does not intend to
annex any land required to be in an annexation plan". Every City
with a web site must post its annexation "plan" on the website.
3. Certain areas to be annexed were exempted from the requirement
to be in an "annexation plan". The primary ones of interest to us
would be:
a. An area containing less than 100 "tracts" of land on which
one or more residential dwellings are located on each
tract. It could have over 100 vacant parcels, as long as
less than 100 are occupied by residential dwellings.
444
City Council Meeting
December 9, 1999
Page 445
b. An area located inside a closed military installation.( i.e.
Reese Center). Only three areas come to mind that staff
might want to annex within the next 3 years:
♦ The building debris dumping operation west of
LIA fronting I-27 (would become legal non-
conforming, but staff might stop expansion unless
allowed after ZBA hearing). [Exempt]
♦ Reese Center (only after detailed cost -benefit
analysis). [Exempt]
♦ LP&L service leave -out area in Southeast
Lubbock.
If for any reason staff should decide to annex any non-exempt tract of
land, staff have three years of grace; thereafter, a plan is required, with
lots of hoops to jump through including a three-year wait from the date
the tract is identified in the plan. Pending any future decisions to annex
non-exempt areas, passing this resolution will satisfy the requirement to
develop a "plan" before the December 31, 1999 deadline.
The staff supports passage of this resolution.
(24.) Resolution No. 6619 authorizing the Mayor to execute an interlocal
agreement between the City and the Lubbock Reese Redevelopment
Authority (LRRA) to provide for back-up fire protection services to
Reese Center.
RESOLUTION NO. 6619
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an Interlocal Contract for Fire Fighting
Assistance between the City of Lubbock and the Lubbock Reese Redevelopment Authority,
and all related documents. Said Interlocal 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.
445
City Council Meeting
December 9, 1999
Page 446
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Halley, Fire Chief
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Interlocal Contract is filed with Resolution No. 6619.
The LRRA has contracted for permanent on -site fire protection services
with the original Pro-Tec employees. This interlocal agreement would
provide the assistance of the Lubbock Fire Department to the LRRA,
should it be needed. The agreement provides for reimbursement to the
City of Lubbock on a fee per response basis. Also included would be
the reimbursement for any personnel that the City needed to call back, to
cover our fire stations in the event of a response to Reese Center.
Staff recommended approval of this Interlocal agreement.
(26.) Resolution No. 6620 authorizing acceptance of water and sanitary
sewer improvements for Sunrise Addition, Lots 1-64 to the City of
Lubbock, Lubbock County, Texas.
RESOLUTION NO. 6620
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR LOTS 1 - 64, SUNRISE ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1 - 64, Sunrise Addition 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
WHEREAS, the total utility cost to the developer is $176,270.98 with the
improvements constructed by Utility Contractors of America having a value of $172,814.85
as determined by the unit prices established by said Chapter 28, and $3,456.32 cash paid to
the City, which amount includes $ -0- cash for adjacent lines, with Sunrise Development
and Construction Ltd., the developer, to receive a refund of $39,419.63 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; and
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:
.m
City Council Meeting
December 9, 1999
Page 447
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 $39,419.63 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 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Engineer,
Water Utilities
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda 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 $176,270.98 and has a value of $172, 814.85
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
$3,456.32 with nothing included for adjacent mains. The developer,
Sunrise Development and Construction Ltd. of Lubbock, will receive a
refund of $39,419.63 in accordance with Chapter 28. There is no refund
of deposit.
The subdivision is located at 109th Street and University Avenue.
Staff recommended acceptance of the improvements.
(27.) Resolution No. 6621 authorizing acceptance of sanitary sewer
improvements for the Sunrise Addition, Lots 1-64 to the City of
Lubbock, Lubbock County, Texas.
ME
City Council Meeting
December 9, 1999
Page 448
RESOLUTION NO.6621
A RESOLUTION ACCEPTING SANITARY SEWER SYSTEM
IMPROVEMENTS FOR SUNRISE ADDITION, (SEWER MAIN EXTENSION) TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Sunrise Addition 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
WHEREAS, the total utility cost to the developer is $128,290.46 with the
improvements constructed by Utility Contractors of America having a value of $125,774.95
as determined by the unit prices established by said Chapter 28, and $2,515.51 cash paid to
the City, which amount includes $ -0- cash for adjacent lines, with Sunrise Development
and Construction Ltd., the developer, to receive a refund of $102,818.00 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; and
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 $102,818.00 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 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Engineer,
Water Utilities
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales, Supervising
Attorney/Office Practice
ZIN
City Council Meeting
December 9, 1999
Page 449
This is a routine acceptance of sanitary sewer improvements constructed
in accordance with the subdivision regulations. The total cost of the
improvements is $128,290.46 and has a value of $125,774.95 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
$2,515.51 with nothing included for adjacent mains. The developer,
Sunrise Development and Construction Ltd. of Lubbock, will receive a
refund of $102,818.00 in accordance with Chapter 28. There is no
refund deposit.
The subdivision is located at 109th Street and University Avenue.
Staff recommended acceptance of the improvements.
(28.) Resolution No. 6622 authorizing the Mayor to execute a land use
agreement with WWC Texas RSA Limited Partnership for the
construction and maintenance of radio antenna and appurtenances
on City facilities.
RESOLUTION NO. 6622
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 Land Use Lease Agreement between
the City of Lubbock and the WWC Texas RSA Limited Partnership the right to construct
and maintain radio antenna and appurtenances thereto on tracts of land owned by the City of
Lubbock. 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 Council.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight,
Assistant City Attorney
A Copy of the Land Use Lease Agreement is filed with Resolution No. 6622.
This agreement is for the installation of communication facilities (cell
phone antennae) on the elevated storage tank at 50' Street and Joliet
Avenue. It is similar to the agreement executed earlier this year with
Sprint/Alamosa PCS. The lease term is five years with the Managing
Director of Water Utilities having the authority to extend the lease for
City Council Meeting
December 9, 1999
Page 450
another five-year term. Rental paid by WWC is $7,500 per year with a
20 percent increase after the end of the first term.
Staff recommended execution of the agreement.
(29.) Resolution No. 6623, No. 6624, No. 6625, No. 6626, No. 6627/Bid
#99017 - Primary Vendor Contract for Electrical Utility Inventory
Items (Central Warehouse)
RESOLUTION NO. 6623
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 Electric
Utility Inventory Items, by and between the City of Lubbock and Priester Supply
Company of Amarillo, Texas and related documents. Said contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in
the minutes of the City Council.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Contract is filed with Resolution No. 6623.
RESOLUTION NO. 6624
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 Electric
Utility Inventory Items, by and between the City of Lubbock and Wesco Distribution,
Inc. of Amarillo, Texas and related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
EWE,
City Council Meeting
December 9, 1999
Page 451
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Contract is filed with Resolution No. 6624.
RESOLUTION NO. 6625
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 Electric
Utility Inventory Items, by and between the City of Lubbock and Wesco Distribution,
Inc. Secondary Vendor of Amarillo, Texas, and related documents. Said contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by City Council this 9th day of December, 1999.
ATTEST:
/sl Kaythie Darnell by B. Garza
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
A copy of the Contract is filed with Resolution No. 6625.
451
City Council Meeting
December 9, 1999
Page 452
RESOLUTION NO. 6626
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 Electric
Utility Inventory Items, by and between the City of Lubbock and Temple, Inc. of
Lubbock, Texas and related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Contract is filed with Resolution No. 6626.
RESOLUTION NO.6627
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is aerebcontractuthorized Electric and
directed to execute for and on behalf of the City of Lubbock
Inc.
Utility Inventory Items, by and between the City of
documbock ents. anSaidecontract is
Secondary Vendor of Amarillo, Texas, and related
attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
452
City Council Meeting
December 9, 1999
Page 453
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Contract is filed with Resolution No. 6627.
This bid provides for primary vendor contracts to cover the acquisition
of 342 inventory items used primarily by Lubbock Power & Light.
Twenty-four categories of items include automatic and bolted connectors,
lamps and lighting materials, wire and cable, hardware, tools, wood
products, and capacitors. These items are necessary for day-to-day
operations, emergency maintenance, and construction requirements of
LP&L. Items will be ordered from the suppliers as needed and will be
stocked in the Central Warehouse for distribution or delivered by the
supplier to various job sites as required. The contract term is for a
period of two years, beginning January 1, 2000, with an option to extend
for up to three additional one-year terms.
Under the terms of the contracts, the suppliers will work closely with
LP&L and Central Warehouse personnel to determine current and future
requirements and ensure scheduled items are available as required. This
contract is expected to result in an overall cost savings by providing
lower fixed pricing on inventory items and by eliminating lead times
associated with individual acquisitions.
Additionally, two vendors have agreed to serve as secondary vendors for
22 categories of items. As secondary vendors, they have agreed to
honor the pricing quoted in the bid, in the event that the primary vendor
is unable to furnish any of the covered items in the time specified in the
primary vendor contract.
Various operating and capital project budgets will fund orders covered
under these contracts. The low bids are from the following companies:
WESCO Distribution, Inc., of Amarillo, Texas $573,436.83
Temple, Inc., of Lubbock, Texas $148,291.05
Priester Supply Company of Amarillo, Texas $142,478.88
(30.) Resolution No. 6628/Bid #99229 — Reese Center Sewer Line (Water
Utilities)
453
City Council Meeting
December 9, 1999
Page 454
RESOLUTION NO. 6628
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 Reese
Center Sewer Line, by and between the City of Lubbock and Rinks Lease Service, Inc.,
of Levelland, Texas and related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
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 9th day of December, 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 Rink's Lease Service, Inc., of the City of Levelland, County of Hockley,
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 #99229 - REESE CENTER SEWER LINE - $2,036,429.50
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.
454
City Council Meeting
December 9, 1999
Page 455
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/ Chester Carthel
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Dorthy Bownds
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Rink's Lease Service, Inc.
Bv: /s/ Kin Middleton
PRINTED NAME: Kip Middleton
TITLE: Vice President
COMPLETE ADDRESS:
Rink's Lease Service, Inc.
P.O. Box 456
Levelland, Texas 79336
This project will provide city sanitary sewer service to the Lubbock
Reese Redevelopment Area (LRRA). Approximately 28,300 feet of 18-
inch pipe will be installed from a location near West Loop 289 and 19''
Street. Additionally, 26,600 feet of 4-inch conduit will be installed for
use by Texas Tech University to connect their facilities at LRRA with
the main campus with a fiber optics communication cable. The cost for
the conduit is $206,915 and will be reimbursed by Texas Tech
University.
The low bid is $2,036,429.50 from Rink's Lease Service of Levelland,
Texas and is within the Reese Sanitary Sewer Line budget amount.
(31.) Bid #99243 - Flail Shredders (Land Application)
This bid is for the purchase of three flail shredders. This equipment will
be used by Land Application Site personnel on both the Lubbock and
Wilson farms. The flail shredders are necessary for the control of weeds
and to maintain both farms.
The low bid is $29,166 from Abilene New Holland, Inc. of Abilene,
Texas and is within the Land Application Site Capital Outlay/Heavy
Movable Equipment budget amount.
(31.) Resolution No. 6629/Bid #99260 - West Texas Region Disposal
Facility Generator Set & Storage Building (Solid Waste)
455
City Council Meeting
December 9, 1999
Page 456
RESOLUTION NO. 6629
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 West Texas
Region Disposal Facility Generator Set & Storage Building, by and between the City of
Lubbock and Lubbock Building Services, Inc. of Lubbock, Texas and related
documents. Said contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
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 9th day of December, 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 #99260 - WEST TEXAS REGION DISPOSAL FACILITY GENERATOR SET
AND STORAGE BUILDING - $44,061.00
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.
456
City Council Meeting
December 9, 1999
Page 457
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/ Vance Kemler
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.
PMB 194, Box 65600
Lubbock, Texas 79464-5600
This project involves the construction of a 12' x 32' block building for
storage of site operating and construction records at the West Texas
Region Disposal Facility as required by permit and regulation. State and
federal regulations require on -site storage of many construction records,
operating documents, and environmental testing records. The building
will also house a 90 kW generator set for auxiliary power requirements
for this remote location.
The low bid is $44,061 from Lubbock Building Services, Inc. of
Lubbock, Texas and is within the Phase One New Landfill budget
amount.
(32.) Resolution No. 6630/Bid #99268 - Emergency Generator Upgrade for
Municipal Auditorium/Coliseum (Civic Services)
RESOLUTION NO. 6630
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 Emergency
Generator Upgrade for Municipal Auditorium/Coliseum, by and between the City of
Lubbock and Row Wall Electric, Inc. of Lubbock, Texas and related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
457
City Council Meeting
December 9, 1999
Page 458
Passed by City Council this 9th day of December, 1999.
ATTEST:
/s/ Kaythie Darnell by B. Garza
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 9th day of December, 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 Row Wall Electric, 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 #99268 - EMERGENCY GENERATOR UPGRADE MUNICIPAL
AUDITORIUM/COLISEUM - $47,559.00
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.
458
City Council Meeting
December 9, 1999
Page 459
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/ Freddy Chavez
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Minnette Rowan
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Row Wall Electric
By: /s/ Lynn B. Rowan
PRINTED NAME: Lynn B. Rowan
TITLE: President
COMPLETE ADDRESS:
Row Wall Electric
P.O. Box 1914
Lubbock, Texas 79408
This bid will provide for the installation of an emergency generator and
associated equipment to provide power to the Auditorium and Coliseum
in case electric service is disrupted. The current generator is not
operable and cannot be repaired to meet Life Safety Codes and therefore
must be replaced.
The low bid is $47,559 from Row Wall Electric Inc. of Lubbock, Texas
and is within the Building Maintenance -Buildings Municipal budget
amount.
(34.) Bid #99270 - Furnish & Install Production Studio Equipment (Fire
Department)
This bid provides for the acquisition and installation of production studio
equipment which will be used to film training classes for Lubbock Fire
Department personnel while enabling those personnel to remain in their
service territory. Developing and forwarding customized training tapes
will enable each fire station to conduct training on site. This should
result in increased attendance and participation while extending the
availability of fire services to the citizens of Lubbock.
The low bid is $78,328 from Lubbock Audio Visual of Lubbock, Texas,
and is within the Fire Department Production Studio budget amount.
(35.) Resolution No. 6631/Bid #99279 - Relocation of Existing Flare
System and Installation of New Flare System (Solid Waste)
459
City Council Meeting
December 9, 1999
Page 460
RESOLUTION NO. 6631
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 Relocation
of Existing Flare System & Installation of New Flare System, by and between the City
of Lubbock and Westmar, Inc., of Whitesboro, Texas and related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
_/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Contract is filed with Resolution No. 6631.
This project involves the relocation of an existing gas flare system from
the 78' Street and Quaker landfill to the North Avenue P landfill and the
purchase and installation of a new gas flare system at 78`' Street and
Quaker landfill. The flare systems are needed to remediate groundwater
constituents and landfill gas levels which exceed permit and regulatory
limits. The existing gas flare system at the 78' Street and Quaker
landfill was leased in 1998 with an option to purchase the system for
$35,498, less a sum equal to the number of months for which the
monthly rental payments have been made multiplied by $800. The City
has exercised the purchase option resulting in a purchase price of
$28,298. The purchase of the leased flare is independent of this bid and
has already been made.
The low bid is $90,000 from WestMar Inc. of Whitesboro, Texas, and is
within Groundwater Remediation Project budget amount.
(36.) Bid #99297 — Emergency Repair of Landfill Compactor (Fleet
Services)
This emergency procurement is for the repair and replacement of the
engine and transmission in a Caterpillar 816B Scraper. This unit is used
in the City's Landfill operation to cover landfill waste. This unit is
essential to the landfill operation to avoid possible fines assessed by the
Texas Natural Resource Conservation Committee.
City Council Meeting
December 9, 1999
Page 461
The total cost is $44,500.62 from West Texas Caterpillar of Lubbock,
Texas and is within the Equipment Maintenance -Motor Vehicle budget
amount.
Staff recommended award of each bid to the bidder as indicated on the
tabsheets included in agenda backup, and award of each contract as
shown on the resolutions.
REGULAR AGENDA
PUBLIC HEARINGS
(37.) Ordinance No. 10230 - Zone Case No. 1099-D (southwest corner of
501h and Indiana): Hold a public hearing to consider request of Ron
Childress (for 50`h and Indiana LLC) for a zoning change from R-1
Specific Use and C-2 Specific Use to C-3 Specific Use on Lot 1,
Carraway Addition.
ORDINANCE NO. 10230
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1099-D; A ZONING CHANGE FROM R-1
SPECIFIC USE AND C-2 SPECIFIC USE TO C-3 SPECIFIC USE ZONING ON
LOT 1, CARRAWAY ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:08 a. in. Ron Childress
appeared to present the zone change. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:09 a.m.
The proposed zone change will clear an old Specific Use Permit and
redevelop this entire parcel with a new store and a gas island. The
Firestone facility will be the only remaining existing structure. During
discussion with the Planning Commission, the proponent and staff
recommended that the request be considered within a Specific Use
Permit. Because the new building is going to be constructed prior to
demolition of the current store, a portion of the dock area is proposed to
be within 30 feet of Joliet, versus the standard 43-foot commercial
setback for new development.
Adjacent land uses:
North - commercial
South - residential
East - commercial
West - commercial
The proposal is consistent with both Comprehensive Land Use Plan and
zoning policy. The Specific Use Permit is tied to only the setback on
Joliet, otherwise the redevelopment will be per current C-3 standards.
The proposal should not impact the thoroughfare system any more than
the current center.
The Planning and Zoning Commission recommended approval of the
request.
461
City Council Meeting
December 9, 1999
Page 462
The Specific Use shall apply to a 30-foot setback for the grocery store
building from Joliet. Otherwise the property will operate under normal
C-3 guidelines.
Randy Henson, Senior Planner, presented staff comments.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10230 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(38.) Ordinance No. 10231 - Zone Case No. 2865 (3802-3806 24`h Street):
Hold a public hearing to consider request of Lubbock Federal Credit
Union for a zoning change from AM to AM Specific Use for a
financial institution on Lots 3, 4 and the west 49 feet of Lot 5, Block
1, S.G. Brown Addition.
ORDINANCE NO. 10231
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2865; A ZONING CHANGE FROM AM TO AM
SPECIFIC USE ZONING FOR A FINANCIAL INSTITUTION ON LOTS 3, 4 AND
THE WEST 49 FEET OF LOT 5, BLOCK 1, S.G. BROWN ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:11 a.m. Melissa Roberts,
Chairman of the Board at Lubbock Federal Credit Union appeared to
present the zone change. No one appeared in opposition. Mayor Sitton
closed the hearing at 11:12 a.m.
The proposed saving and loan is a use listed as Specific Use in the AM
district. Adjacent land uses:
North - residential
South - medical
East - residential
West - vacant
The AM Policy District line is the south alley from 24' Street. Since the
parcel is already developed as medical, the transition to a savings and
loan will be consistent with both the Comprehensive Land Use Plan and
zoning policy. The proposal should have little additional effect on the
thoroughfare system.
The Planning and Zoning Commission recommended approval of the
request.
Randy Henson, Senior Planner, presented staff comments.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke, to pass on first reading Ordinance No. 10231 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
MIA
City Council Meeting
December 9, 1999
Page 463
(39.) Ordinance No. 10232 - Zone Case No. 2866 (5701 19' Street): Hold
a public hearing to consider request of Green Lawn Church of Christ
for a zoning change from R-2 to A-2 limited to church and church
related uses on Tract W, Greenlawn Addition.
ORDINANCE NO. 10232
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2866; A ZONING CHANGE FROM R-2 TO A-2
ZONING ON TRACT W, GREENLAWN ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:13 a.m. Richard Maefler
appeared on behalf of Green Lawn Church of Christ. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:14 a.m.
In a number of recent cases, the staff has encouraged churches that are
legal non -conforming from pre-1975 to process a zone case to be
consistent with the current ordinance. Greenlawn is in a similar
situation.
Adjacent land uses:
North - commercial and Restlawn
South - Lubbock Christian University
East - Lubbock Christian University
West - commercial
The proposal is consistent with both Comprehensive Land Use Plan and
zoning policies. The church is existing. The proposed additions will not
affect the thoroughfare system.
The Planning and Zoning Commission recommended approval of the
request.
Limited to a church and church related uses.
Randy Henson, Senior Planner, presented staff comments.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10232 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(39.) Ordinance No. 10233 - Zone Case No. 2867 (south of 98`h Street and
east of Gary): Hold a public hearing to consider request of Hugo
Reed and Associates (for Rothwell Homes) for a zoning change from
R-1/T to R-1 Specific Use for garden homes and R-2 Specific Use on
a portion of land out of Section 19, Block E-2.
463
City Council Meeting
December 9, 1999
Page 464
ORDINANCE NO. 10233
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2867; A ZONING CHANGE FROM R-1/T TO R-1
SPECIFIC USE ZONING R-2 SPECIFIC USE ZONING ON A PORTION OF LAND
OUT OF SECTION 19, 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 11:15 a.m. Terry Holman
appeared on behalf of Hugo Reed and Associates. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:17 a.m.
The proposal will accommodate one block face of duplex construction on
the north and garden homes with 20-foot setback on the balance of the
property.
Adjacent land uses:
North - single family
South - single family
East - single family
West - A-2 zoned for the All Saints school
The request is consistent with the Comprehensive Land Use Plan and
zoning policy. The proposed conditions will allow two development
options for the duplex lots. The twenty -foot setback (with less on the
cul-de-sac lots) is standard practice for the garden home. The request
will have no significant impact on the thoroughfare system.
The Planning and Zoning Commission recommended approval of the
request.
1. R-1 Specific Use - Use Specific Use section 29-24 (c)(2).
a. Setback for cul de sac lots shall be a minimum of five
feet, except that front facing garage portions of structures
shall not have less than twenty feet of setback.
2. R-2 Specific Use - Use Specific Use section 29-24 (c)(24).
a. Front setback may be a minimum of twenty feet if the
garage of the structure is accessed from the alley.
b. When alley access is used, setback for cul de sac lots shall
be a minimum of ten feet.
C. Setback for all non-cul de sac lots shall be twenty-five feet
if garage access is from the street.
Randy Henson, Senior Planner, presented staff comments.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10233 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
M
City Council Meeting
December 9, 1999
Page 465
(40.) Ordinance No. 10234 - Zone Case No. 2118-V (4905 82°d Street):
Hold a public hearing to consider request of ADC, Inc. (for Norwest
Bank) for a zoning change from GO to AM Specific Use for a drive-
thru teller on Tract P, Lakeridge CC Estates Addition.
ORDINANCE NO. 10234
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2118-V; A ZONING CHANGE FROM GO TO AM
SPECIFIC USE ZONING FOR A DRIVE -THROUGH TELLER ON TRACT P,
LAKERIDGE CC ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:17 a.m. Lee Ray appeared
on behalf of ADC, Inc. No one appeared in opposition. Mayor Sitton
closed the hearing at 11:19 a.m.
The request would amend a tract now zoned Garden Office to AM
Specific Use to provide for a drive-thru ATM and parking in conjunction
with an expansion of the Norwest bank.
Adjacent land uses:
North - commercial
South - Lakeridge Golf Course
East - Garden Office complex
West - commercial
The proposal is consistent with the Comprehensive Land Use Plan. As
an ATM and parking only, the development on this portion of the bank
property is far less then could be done with the existing Garden Office.
The private drive from Vicksburg and from 82' Street in the
development next door and including this lot (the drive is platted as Tract
Q) is called Lakeridge Drive by the owners. It is not a public street. All
of the parcels have equal access to the drive. An adjacent business
owner noted concern about an increase in traffic on the private drive
caused by the new motor bank (on the C-2 property to the north) and the
ATM on the parcel in question. The concern about an increase may be
true, but the bank could allow access across Tract P from the drive with
no construction on the lot. The private drive, if constructed as originally
proposed, will connect the shopping center to the west and an increase in
traffic would be natural. Thus, that complaint may be accurate but
seems moot from the zoning perspective.
The adjacent owner also expressed concern about a possible screening
wall and the proposed landscape plan. Since a wall is not required and a
detailed plan is not usually prepared until a construction permit is
requested, the proponent was not ready with answers.
To expedite the zone change, yet address the adjacent owner's concern,
the Planning Commission approved the request with instructions for the
two groups to meet prior to the December 9 City Council hearing. In
addition, because of the holiday schedule, the Planning Commission will
meet the week before the Council hears this case. The item will be on
"other business" for a report. The staff will review the results of that
discussion with the Council.
465
City Council Meeting
December 9, 1999
Page 466
The Planning and Zoning Commission recommended approval of the
request.
The staff found no fault with the request as submitted. The private drive
issue is between the affected lot owners. Subject to the discussions prior
to the Council meeting, the staff supports the recommendation of the
Planning and Zoning Commission.
Randy Henson, Senior Planner, presented staff comments.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10234
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
TRANSPORTATION SERVICES
(41.) Ordinance No. 10235 that increases Ordinance No. 10180 for the
City of Lubbock Storm Water Capital Projects Fund Budget to
provide funding for the pumping of storm water in selected areas of
the City (first reading).
ORDINANCE NO. 10235
AN ORDINANCE MAKING CHANGES IN THE FY1999-2000 BUDGET OF
THE CITY OF LUBBOCK FOR GOVERNMENTAL PURPOSES AND TO MEET
EMERGENCY CONDITIONS CAUSED BY FLOODING.
This ordinance increases the budget $619,000. Funds are available in the
Undesignated/Unreserved account of the Storm Water Capital Project Fund
to purchase the materials and labor necessary to pump storm water from
Trinity Church/Sundial Apartment Lake, Miller Park Lake, and a Lakeridge
Lake to the Texas Department of Transportation Interstate 27 storm sewer
system.
The original estimate discussed with Council was for $575,000. This
estimate was based on TxDOT's initial approval for the City to discharge
into their existing storm sewer at Loop 289 and University Avenue. TxDOT
withdrew their approval of this route because of other planned construction
in their right-of-way. Therefore, the City will have to do additional work
which added $44,000 to the original estimate for a total of $619,000.
The timeline for this project is as follows:
➢ 12/16/99 - Bid documentation to Council
➢ 2/16/00 - Expected delivery of materials
➢ 3/1/00 - Expected start date of construction
➢ 6/1/00 - Completion of construction and begin pumping
➢ To be determined - Time to bring lakes down to normal pool
elevations
Richard Burdine, Assistant City Manager, presented staff comments.
Staff recommended approval of this ordinance.
Motion was made by Councilmember McDougal, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 10235 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
' Me
City Council Meeting
December 9, 1999
Page 467
HEALTH AND COMMUNITY SERVICES
(42.) Resolution No. 6632 approving the Community Development and
Services Board's recommendation for target areas for the 2000-2003
Community Development Consolidated Plan.
RESOLUTION NO. 6632
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor and City Council of Lubbock do hereby direct that the targeted
areas for the 2000 - 2003 Community Development Consolidated Plan are approved as
stated in attachment A.
Passed by City Council this 9`' day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of Attachment A is filed with Resolution No. 6632.
The Community Development Department is in the process of writing a
new three year Consolidated Plan in compliance with the regulations set
out by the U.S. Department of Housing and Urban Development (HUD).
The final version of this plan will be submitted to HUD with our 2000-
2001 Annual Action Plan in August 2000. As part of this process, the
City must designate new target areas, if the City chooses to target funds.
In keeping with THE Council directive from 1995, the Community
Development and Services Board has studied the eligible areas of
Lubbock and has voted to make the following recommendation to
Council regarding targeting.
It is recommended by the CDSB that the following areas be targeted for
the entire 2000-2003 time period covered by the new Consolidated Plan:
a.) The area one block to the east and to the west of Martin Luther
King Boulevard from Regis south to 50'' Street
b.) The area one block to the east and to the west of I-27 from Regis
south to 34' Street
c.) The area one block to the east and to the west of Avenue H from
I-27 south to 19' Street
467
City Council Meeting
December 9, 1999
Page 468
d.) The area one block to the north and to the south of Clovis
Highway from Avenue Q west to Indiana Avenue.
Nancy Haney, Community Development Manager, presented staff
comments .
The Community Development Department recommended approval.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass Resolution No. 6632 with the
following amendment to Attachment A: include the area one block east
and west of North University from Clovis Highway north to North Loop
289, as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(43.) Resolution No. 6633 approving the Community Development and
Services Board's recommendation for the prioritized needs lists for
the 2000-2003 Community Development Consolidated Plan.
RESOLUTION NO. 6633
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor and City Council of Lubbock do hereby direct that Prioritized
Needs Lists for the 2000 - 2003 Community Development Consolidated Plan are approved
as stated in attachment A.
Passed by City Council this 9`' day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of Attachment A is filed with Resolution No. 6633.
The Community Development Department is in the process of writing a
new three year Consolidated Plan in compliance with the regulations set
out by the U.S. Department of Housing and Urban Development (HUD).
The final version of this plan will be submitted to HUD with our 2000-
2001 Annual Action Plan in August 2000. For the new Consolidated
Plan, HUD is requiring that all cities complete a priority listing of the
needs identified by the community. HUD supplies the tables that must
be completed. Each identified category and sub -category must be given
one of the priority ratings listed below:
City Council Meeting
December 9, 1999
Page 469
High: Needed in the Community and City does plan to spend
CDBG, HOME, or ESG dollars to meet this need.
Medium: Needed in the Community, but the City plans to only
spend CDBG, HOME, or ESG dollars if there are dollars
left over after addressing all the High needs.
Low: Needed in the Community, but the City does not plan to
spend CDBG, HOME, or ESG dollars.
No Need: This is not a need in the Community.
The Community Development and Services Board has recommended a
priority rating for each category and sub -category. For the categories
required by HUD, the CDSB has also made a recommendation for
estimated spending levels and the numbers of units to be served.
The agenda back-up includes the tables and the CDSB's recommendation
for each category and subcategory.
Nancy Haney, Community Development Manager, presented staff
comments.
The Community Development Department recommended approval.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass Resolution No. 6633 with the
following amendment: with regard to the Community Needs table,
change the Need Level for Public Facilities and Improvements (General)
from medium to high, increase the number of units from zero to three,
and the estimated dollars from zero to $300,000, reduce the total
estimated dollars for Economic Development from $1,230,000 to
$930,000, and reduce the number of units from 46 to 32, as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item to be heard was Item 46.
MISCELLANEOUS
(45.) Resolution No. 6616 creating a Millennium Advisory Committee.
This item was heard at 7:30 A.M.
RESOLUTION NO. 6616
WHEREAS, Lubbock, Texas and the Llano Estacado are rich in art, architecture,
heritage, and history that made this region great, and
WHEREAS, the Millennium change to the year 2000/2001 is an excellent
opportunity to reflect on art, architecture, heritage, and history, and
WHEREAS, the citizens of Lubbock have approved bond funds to construct an
outdoor amphitheater and to continue development of the Canyon Lakes in historic
Yellowhouse Canyon, and,
WHEREAS, other opportunities exist to commemorate the last 100 years of our
history and look toward the next 100 years; NOW THEREFORE,
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
e
City Council Meeting
December 9, 1999
Page 470
TO create and appoint citizens to a Millennium Advisory Committee with the
following guidelines:
1. Recommend ways in which the new amphitheater in Mackenzie Park can
become a world class, multi -dimensional facility that meets the needs of
numerous user groups and celebrates the new millennium by reflecting
the art, architecture, heritage, and history of Lubbock and the Llano
Estacado.
2. Recommend at least one project and funding source to commemorate the
past 100 years of the art, architecture, heritage, and history of Lubbock
and the Llano Estacado.
3. Work closely with City staff and other citizens as needed to make
recommendations in a manner that the project(s) for the past 100 years
may be completed by December of 2000, and the amphitheater may be
completed by December of 2001.
4. The Millennium Advisory Committee shall serve until completion of the
aforementioned projects.
5. The Committee will consist of nine members appointed jointly, plus one
designated for appointment by each Council member, plus two
designated by the Mayor, who will also appoint the Chair. Total
membership of the Committee shall be seventeen.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Director of
Strategic Planning
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
The voters of Lubbock have already approved funding to construct an
outdoor amphitheater in Mackenzie Park. Staff have an opportunity to
make this venue a world -class facility that serves our needs for local use
and for visitor attraction, but also an opportunity to commemorate the
Millennium by showcasing the art, architecture, history, and heritage of
Lubbock and the Llano Estacado. In addition, the Millennium Advisory
Committee could recommend a project to honor our past 100 years of
progress. Both projects could become a great source of pride and help
our Visitors and Convention Bureau with additional venues to attract
visitors.
W11
City Council Meeting
December 9, 1999
Page 471
Staff recommended approval of this resolution and early appointment of
Millennium Advisory Committee members.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass Resolution No. 6616 with an
amendment to allow 17 members to be appointed to the Millennium
Advisory Committee as recommended by staff. Motion carried: 6 Yeas,
0 Nays. Councilmember Hernandez was away from the dais.
(46.) Resolution No. 6634 giving Notice of Intent to enter into a tax
abatement agreement with U.S. Distribution Center, L.L.C.
This item was considered following Item 44.
RESOLUTION NO. 6634
WHEREAS, the City Council has determined to give notice of its intent to enter into
a Tax Abatement Agreement with U.S. Distribution Center, L.L.C.; 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
THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" hereof of the
intention of the City Council to enter into a Tax Abatement Agreement with U.S.
Distribution Center, L.L.C., 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 5801 Martin Luther King Jr. Boulevard in the City of Lubbock, Lubbock
County, Texas and further described as a 98.596 acre tract of land located in Section
23, Block E, S.I. Johnson, and Section 2, Block S, Lubbock County, Texas, being
further described as follows:
BEGINNING at a 1/2" rod found in the East right-of-way line of M.L.K. Boulevard at
the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet
from the Northwest corner of Section 23, Block E, S.I. Johnson, Lubbock County,
Texas;
THENCE North 89°36' East, a distance of 2030.50 feet to a 3/ " iron pipe found at a
corner of this tract;
THENCE North 00°40' West, a distance of 14.39 feet to a 1/2" iron pipe found at the
Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock,
Lubbock County, Texas, for a corner of this tract;
THENCE North 89°56'24" East, along the South line of Lot 1, Paymaster Addition, a
distance of 1196.10 feet to a concrete monument found at a corner of said Lot 1, and
the Northeast corner of this tract;
THENCE South 00°40' East, along a Westerly line of Lot 1, Paymaster Addition, at
300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a
total distance of 1324.00 feet to a 1/2" rod with cap found in the East right-of-way line
of Aspen Avenue, at the Southeast corner of this tract;
471
City Council Meeting
December 9, 1999
Page 472
THENCE South 89°23'41" West, along the North line of said Aspen Avenue, at 37.50
feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract
One (1), Jarvis -Williamson Addition, to the City of Lubbock, Lubbock County, Texas,
continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a
1/2" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest
corner of this tract;
THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of
1187.91 feet to a 1/2" rod found at a point of intersection;
THENCE North 01°28'59" East, along the East right-of-way line of M.L.K.
Boulevard, a distance of 140.52 feet to the Point of Beginning.
Passed by City Council this 9th day of December, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell by B. Garza
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Kevin G. Walker
Kevin G. Walker,
Business Liaison Officer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight,
Assistant City Attorney
A copy of Exhibit A, Exhibit B, and related documents are filed with Resolution No.
6634.
The City of Lubbock received an application from U.S. Distribution
Center, L.L.C. for industrial tax abatement. U.S. Distribution will be
constructing the new 491,838 square foot United Distribution Center on
a 97 acre site located at 5801 Martin Luther King Blvd in the city's
South Enterprise Zone. This project is a new distribution center
supplying food products to United Supermarkets' grocery locations
throughout West Texas. The facility will contain both dry and
refrigerated warehouse space, offices, and a remote salvage building for
the handling of damaged or returned products.
U.S. Distribution Center, L.L.C. plans to expend approximately $24
million in building the new facility and approximately $2 million on
equipment. The project meets the Industrial Tax Abatement Policy and
Guidelines minimum investment of $1,000,000. The recommended
abatement term is ten years with a declining percentage schedule
beginning at 100 % and declining 10 % in each subsequent year of the
abatement. The abatement amount for the City of Lubbock is:
Year 1 100 % $150, 800
Year 2 90% $135,720
472
City Council Meeting
December 9, 1999
Page 473
Year 3
80 %
$120, 640
Year 4
70 %
$105,560
Year 5
60%
$90,480
Year 6
50%
$75,400
Year 7
40 %
$60, 320
Year 8
30 %
$45,240
Year 9
20 %
$30,160
Year 10
10%
$15,080
The total city abatement over the life of the contract is $829,400. The
total county abatement over the life of the contract is $426,254.
United Supermarkets, Inc. has contracted with Llano Logistics, Inc., a
member company of the Tibbett & Britten Group, to set up and operate
the distribution center. Tibbet & Britten Group is an international
logistics specialist providing dedicated distribution operations to many
leading retailers in the United States, Canada, and Europe. Llano
Logistics is expected to employ 240 individuals in the distribution center
with an annual payroll of more than $8 million.
The existing value of the property, as of January 1, 1999, was $80,700.
Total investment at the end of the project, including investment by Llano
Logistics and United Supermarkets, will be approximately $30 million.
The project will add $26 million in new value to the tax base in the
South Enterprise Zone.
Under the current guidelines, U.S. Distribution Center is eligible and
meets all the criteria for tax abatement.
David Sharp, Chair of Market Lubbock Inc., presented staff comments.
Staff concurs with Market Lubbock Inc.'s recommendation of approval
of the tax abatement for a term of ten years with a declining schedule
beginning with 100 % and declining by 10 % each year.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass Resolution No. 6634 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
BOARD APPOINTMENTS
(47.) Consider one appointment to Lubbock Emergency Communication
District Board of Managers.
The Appointments Advisory Board recommended the appointment of
Sharlett Chowning.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to appoint Sharlett Chowning to the Lubbock
Emergency Communication District Board of Managers. Motion
carried: 7 Yeas, 0 Nays.
11:30 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION
473
City Council Meeting
December 9, 1999
Page 474
1:29 P.M. COUNCIL RECONVENED
1:29 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Patterson made a motion to adjourn; Councilmember Cooke seconded
the motion. Motion carried: 2 Yeas, 0 Nays. Motion carried with the
majority of remaining Council present at adjournment: Councilmember
Cooke and Councilmember Patterson.
WIN Y SITT N, MAYOR
ATTEST:
�f
Kayt e Darnell, City Secretary
Read and approved this, day of-_ ,r « �� , 2000.
WINDY SI ON, MAYOR
ATTEST:
I / , t" ttg'
tua �' A
Kayt i Darnell, City Secretary
\'J
474